USA > California > Sonoma County > History of Sonoma County : including its geology, topography, mountains, valleys, and streams > Part 16
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We have already said that Stephen Cooper was appointed Judge of First Instance for the District of Sonoma. He commenced his labors in that office in October, 1849, as appears in the early record of the proceedings of that Court extant in the office of the County Clerk of Solano county. The record of one of the cases tried before Judge Cooper is reproduced as an instance of the quick justice that obtained in 1849 :-
"The people of California Territory vs. George Palmer-And now comes the said people by right their attorney, and the said defendant by Semple and O'Melveny, and the prisoner having been arraigned on the indictment in this cause, plead not guilty. Thereupon a jury was chosen, selected and sworn, when, after hearing the evidence and arguments of counsel, returned into Court the following verdict, to wit:
" The jury, in the case of Palmer, defendent, and the State of California, plaintiff, have found a verdict of guilty on both counts of the indictment, and sentenced him to receive the following punishment, to wit:
"On Saturday, the 24th day of November, to be conducted by the Sheriff to some publie place, and there receive on his bare back seventy-five lashes, with such a weapon as the Sheriff may deem fit, on each count respectively, and to be banished from the district of Sonoma within twelve hours after whipping, under the penalty of receiving the same number of lashes for each and every day he remains in the district after the first whipping.
ALEXANDER RIDDELL, Foreman.
"(Signed)
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HISTORY OF SONOMA COUNTY, CALIFORNIA.
"It is therefore ordered by the Court, in accordance with the above verdict, that the foregoing sentence be carried into effect."
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 it and eleven against it; there being, besides, over twelve hundred ballots that were treated as blanks, because of an informality in the printing.
We here reproduce two of the tickets which were voted at the time, and were distributed in and around Sacramento and the upper portion of the State :-
PEOPLE'S TICKET.
FOR THE CONSTITUTION.
FOR GOVERNOR. John A. Sutter.
FOR LIEUTENANT-GOVERNOR, John McDougal.
FOR REPRESENTATIVES IN CONGRESS, William E. Shannon, Pet. Halsted.
FOR STATE SENATORS,
John Bidwell, Upper Sacramento, Murray Morrison, Sacramento City, Harding Bigelow, Sacramento City, Gilbert A. Grant, Vernon.
FOR ASSEMBLY,
H. C. Cardwell, Sacramento City, P. B. Cornwall, Sacramento City, John S. Fowler, Sacramento City, J. Sherwood,
Elisha W. Mckinstry,
Madison Waltham, Coloma,
W. B. Dickenson, Yuba,
James Queen, South Fork, W. L. Jenkin, Weaverville.
PEOPLE'S TICKET.
FOR THE CONSTITUTION.
FOR GOVERNOR,
Peter H. Burnett.
FOR LIEUTENANT-GOVERNOR, John McDougal.
.
FOR REPRESENTATIVES IN CONGRESS, Edward Gilbert, George W. Wright.
FOR STATE SENATORS,
John Bidwell, Upper Sacramento, Murray Morrison, Sacramento City, Harding Bigelow, Sacramento City, Gilbert A. Grant, Vernon.
FOR ASSEMBLY, H. C. Cardwell, Sacramento City, P. B. Cornwall, Sacramento City, John S. Fowler, Sacramento City, H. S. Lord, Upper Sacramento, Madison Waltham, Coloma, W. B. Dickenson, Yuba, James Queen, South Fork, Arba K. Berry, Weaverville.
The result of the election was: Peter H. Burnett, Governor; John McDougal, Lieutenant-Governor ; and Edward Gilbert and George W. Wright sent to Congress. The district of Sonoma polled at this election but five hundred and fifty-two votes, four hundred and twenty-four of which were for Burnett. Of the representatives sent from Sonoma, General Vallejo went to the Senate, and J. S. Bradford and J. E. Brackett to the Assembly. Some difficulty would appear to have arisen at this election, for Mr. R. A. Thompson says : " General Vallejo's seat was first given to James
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HISTORY OF SONOMA COUNTY, CALIFORNIA.
Spect, but on the 22d December, the committee reported that the official return from Larkin's Ranch gave Spect but two votes instead of twenty- eight, a total of but one hundred and eighty-one votes against General Vallejo's one hundred and ninety-nine." Mr. Spect then gave up his seat to General Vallejo.
We now produce the following interesting record of some of those who formed the first California Legislature, not because it bears specially on our subject, but as a matter of curiosity, interest and reference :
The following is from the Colusa Sun of April 26th :-
Hon. John S. Bradford, of Springfield, Ill., who was a member of the first California Legislature, procured from some of his colleagues a short biograph- ical sketch. Thinking it might be a matter of interest to the people of Califor- nia at the present time, he sends it to us. We have the original document, with the sketches in the handwriting of each member, Most of these gentle- men have figured conspicuously in the history of the State since, but we believe there are but few now living. Three of the sketches, Jose M. Covarrubias, M. G. Vallejo, and Pablo de la Guerra, are written in Spanish, but we have had them translated.
Senators .- David F. Douglass-Born in Sumner county, Tennessee, the 8th of January, 1821. Went to Arkansas with Fulton, in 1836. On 17th March 1839, had a fight with Dr. Wm. Howell, in which H. was killed; imprisoned 14 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 1845-46. War broke out; joined Hay's regiment; from Mexico immigrated to California, and arrived here as wag- oner in December, 1848 .- M. G. Vallejo-Born in Monterey, Upper Cal- ifornia, July 7th, 1807. On the first of January, 1825, he commenced his military carcer in the capacity of cadet. He served successfully 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 member of Convention in 1849 and Senator in 1850 .- Elcan Heydenfelt-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,
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HISTORY OF SONOMA COUNTY, CALIFORNIA.
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 California for the term of two years .- -Thomas L. Vermeule-Born in New Jersey on the 11th of 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 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 Sacramento 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 Washing- ton to New York City, March, 1824; left New York for California, April 17, 1849 .- - E. Kirby Chamberlin, M. D .- President pro tem. of the Sen- ate, from the District of San Diego; born in Litchfield county, Connecticut, April 24, 1805; immigrated from Connecticut to Onondaga county, New York, in 1815; thence to Beaver, Penn., 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 Jose, December 12, 1849 .- J. Bidwell-Born in Chautauque county, N. Y., 5th of August, 1819; immigrated to Pennsyl- vania; 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 commer- cial pursuits ; arrived at San Francisco, February, 1849, per steamer " Califor- nia," the first that ever entered said port .- Benjamin S. Lippincott- Senator from San Joaquin; born in New York ; immigrated February, 1846, from New Jersey; by pursuit a merchant, and 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-
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HISTORY OF SONOMA COUNTY, CALIFORNIA.
Born in Lexington, Ky .; educated in Ohio, Alabama, New York and Penn- sylvania ; settled in Texas in 1839; came to California in 1849; represents 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 nntil the 21st of May, 1849, when he left for California. Citizen and resident of San Francisco, which district he represents. James A. Gray, Philadelphia-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 Jose, Santa Clara county .- Joseph C. Morehead-Born in Kentucky ; immi- grated to California in 1846 ; resides at present in the county of Calaveras, San Joaquin District .- Benjamin Cory, M. D .- Born November 12, 1822; immigrated to the Golden State in 1847 ; residence in the valley of San Jose .- Thos. J. Henley-Born in Indiana; family now reside in Charlestown, in that State; immigrated to Califormia in 1849, through the South Pass; residence at Sacramento .- Jose M. Covarrubias -- Native of France; came to California in 1834; residence in Santa Barbara, and Representative for that district .- -Elisha W. MeKinstry - 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, Novemł er 4, 1834; started to California April 4, 1849; reached there Octo- ber 16th ; was elected to the Assembly November 13th, from Sacramento district, and is now in Pueblo de San Jose .- Mr. Bradford, himself, represented our (Sonoma) distriet in the Assembly.
On Saturday, December 15, 1849, the first State Legislature met at San Jose, E. Kirby Chamberlin being elected President pro tem. of the Senate, and Thomas J. White, Speaker of the Assembly.
In t e year 1850, Senator M. G. Vallejo became convinced that the capital of California should be established at a place which he desired to name Eureka, but which his colleagues, out of compliment to himself, suggested should be named Vallejo. To this end the General addressed a memorial to the Senate, dated April 3, 1850, wherein he graphically pointed out the advantages possessed by the proposed site over other places which claimed the honor. In this remarkable document, remarkable alike for its generosity of purpose as for its marvelous foresight, he proposed to grant twenty acres to the State, free of cost, for a State Capital and grounds, and one hundred and thirty-six acres more for other State buildings, to be apportioned in the following manner: Ten aeres for the Governer's house and grounds; five acres for the offices of Treasurer, Comptroller, Secretary of State, Surveyor General, and Attorney-General, should the Commissioners determine that their offices should not be in the Capitol building; one acre to State Library and Translator's office, should it be determined to separate them from the
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State House building; twenty acres for an Orphan Asylum; ten acres for a Male Charity Hospital; ten acres for a Female Charity Hospital; four acres for an Asylum for the Blind; four acres for a Deaf and Dumb Asylum; twenty acres for a Lunatic Asylum; eight acres for four Common Schools; twenty acres for a State University ; four acres for a State Botanical Garden; and twenty acres for a State Penitentiary.
But with a munificence casting this already long list of grants into the shade, he further proposed to donate and pay over to the State, within two years after the acceptance of these propositions, the gigantic sum of three hundred and seventy thousand dollars, to be apportioned in the following manner: For the building of a State Capitol, one hundred and twenty-five thousand dollars; for furnishing the same, ten thousand dollars; for building of the Governor's house, ten thousand dollars; for furnishing the same, five thousand dollars; for the building of State Library, and Translator's office, five thousand dollars; for a State Library five thousand dollars; for the building of the offices of the Secretary of State, Comptroller, Attorney- General, Surveyor-General and Treasurer, should the Commissioners deem it proper to separate them from the State House, twenty thousand dollars; for the building of an Orphan Asylum, twenty thousand dollars; for the building of a Female Charity Hospital, twenty thousand dollars; for the building of a Male Charity Hospital, twenty thousand dollars; for the building of an Asylum for the Blind, twenty thousand dollars; for the building of a Deaf and Dumb Asylum, twenty thousand dollars; for the building of a State University, twenty thousand dollars; for University Library, five thousand dollars; for scientific apparatus therefor, five thousand dollars; for chemical laboratory therefor, three thousand dollars; for a min- eral cabinet therefor, three thousand dollars; for the building of four com- mon school edifices, ten thousand dollars; for purchasing books for same, one thousand dollars; for the building of a Lunatic Asylum, twenty thousand dollars; for a State Penitentiary, twenty thousand dollars; for a State botanical collection, three thousand dollars.
In his memorial, the General states with much lucidity his reasons for claiming the proud position for the place suggested as the proper site for the State Capital. Mark the singleness of purpose with which he bases these claims :---
" Your memorialist, with this simple proposition (namely, that in the event of the government declining to accept his terms it should be put to the popular vote at the general election held in November of that year- 1850), might stop here, did he not believe that his duty as a citizen of Cali- fornia required him to say thus much in addition-that he believes the location indicated is the most suitable for a permanent seat of government for the great State of California, for the following reasons: That it is the true center of the State, the true center of commerce, the true center of pop-
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ulation, and the true center of travel; that, while the Bay of San Francisco is acknowledged to be the first on the earth, in point of extent and naviga- ble capacities, already, throughout the length and breadth of the wide world it is acknowledged to be the very center between Asiatic and European commerce. The largest ship that sails upon the broad sea can, within three hours, anchor at the wharves of the place which your memorialist proposes as your permanent seat of government. From this point, by steam naviga- tion, there is a greater aggregate of mineral wealth within eight hours' steam- ing, than exists in the Union besides; from this point the great north and south rivers-San Joaquin and Sacramento-cut the State longitudinally through the center, fringing the immense gold deposits on the one hand, and untold mercury and other mineral resources on the other; from this point, steam navigation extends along the Pacific coast south to San Diego and north to the Oregon line, affording the quickest possible facilities for our sea- coast population to reach the State Capital in the fewest number of hours. This age, as it has been truly remarked, has merged distance into time. In the operations of commerce and the intercourse of mankind, to measure miles by the rod is a piece of vandalism of a by-gone age; and that point which can be approached from all parts of the State in the fewest number of hours, and at the cheapest cost, is the truest center.
" The location which your memorialist proposes as the permanent seat of - government is certainly that point.
"Your memorialist most respectfully submits to your honorable body, whether there is not a ground of even still higher nationality; it is this :- that at present, throughout the wide extent of our sister Atlantic States, but one sentiment seems to possess the entire people, and that is, to build in the shortest possible time, a railroad from the Mississippi to the Bay of San Francisco, where its western terminus may meet a three weeks steamer from China. Indeed, such is the overwhelming sentiment of the American people upon this subject, there is but little doubt to apprehend its carly
completion. Shall it be said, then, while the world is coveting our possession of what all acknowledge to be the half-way house of the earth's commerce-the great Bay of San Francisco-that the people of the rich possessions are so unmindful of its value as not to ornament her magnificent shores with a capital worthy of a great State?"
Upon receipt of General Vallejo's memorial by the Senate, a committee composed of members who possessed a thorough knowledge of the country comprised in the above quoted document, both geographical and topographi- cal, 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 perference 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
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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 proposi- tion 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 D. C. Broderick of San Fran- cisco, goes on to point out the necessities which should govern the choice of a site for California's capital, recapitulates the advantages pointed out in the memorial, and finally recommends the acceptance of General Vallejo's offer. This acceptance did not pass the Senate without some opposition and con- siderable delay; however, on Tuesday, February 4, 1851, a message was received from Governor Burnett, by his Private Secretary, Mr. Ohr, inform- ing the Senate that he did this day sign an Act originating in the Senate entitled "An Act to provide for the permanent location of the Seat of Gov- ernment, " In the meantime General Vallejo's bond had been accepted; his solvency was approved by a committee appointed by the Senate to inquire into that circumstance; the report of the commissioners sent to mark and lay out the tracts of land proposed to be donated was adopted, and, on May 1, 1851, the last session of the Legislature at San Jose was completed; but the archives were not moved to the new seat of government at Vallejo then, the want of which was the cause of much dissatisfaction among the members.
The Legislature first sat at Vallejo on January 5, 1852, but there was wanting the attraction of society which would appear to be necessary to the seat of every central government. With these Sacramento abounded, from her proximity to the mines. The Assembly therefore, with a unanimity bordering on the marvelous, passed a bill to remove the session to that city, ball tickets and theater tickets being tendered to the members in reckless profusion. The bill was transferred to the Senate and bitterly fought by the Hons. Paul K. Hubbs and Phil. A. Roach. The removal was rejected by one vote. This was on a Saturday, but never was the proverb of we " know not what the morrow may bring forth, " more fully brought to bear upon any consideration. Senator Anderson it is said passed a sleepless night, through the presence of unpleasant insects in his couch; on the Monday morning he moved a reconsideration of the bill; the alarm was sounded on every hand, and at 2 P. M. on January 12, 1852, the Government and Legislature were finding its way to Sacramento by way of the Carquinez Straits. On March 7, 1852, a devastating flood overwhelmed Sacramento, and where they had before feared contamination, they now feared drowning. The Legislature adjourned at Sacramento May 4, 1852, the next session to be held at Vallejo. On January 3, 1853, the peripatetic government met again at Vallejo, whither had been moved in May, the archives and State offices. Once more the spirit of jealousy was rampant; Sacramento could not with any
-
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grace ask for its removal back thither; but she, working with Benicia, the capital was once more on wheels and literally carted off to the latter town for the remaining portion of the session, when a bill was passed to fix the capital of the State at Sacramento, and thereafter clinched by large appro- priations for building the present magnificent capitol there. The last sitting of the Legislature was held on February 4, 1853, when it was resolved to meet at Benicia on the 11th of the month, the vote then taken being as follows: Ayes-Messrs. Baird, Denver, Estill, Hager, Hubbs, Hudspeth, Keene, Lind, Lott, Lyons, Mckibben, Roach, Smith, Snyder, Sprague, Wade, Wom- bough-17. Nays-Crabb, Cofforth, Foster, Gruwell, Ralston, Walkup-6.
But to return to our particular subject. During the first session at San Jose, but little was done beyond dividing the State into counties, and organ- izing their governments. At this time, Robert Hopkins was elected District Judge and Assemblyman, J. E. Brackett, Major-General of the second divis- ion of militia. Mr. Hopkins, who with the Hon. George Pearce had been appointed a committee to visit the capital in order to prevent, if possible, the establishment of a boundary line which would include the Sonoma valley in Napa county, was a resident lawyer of Sonoma. On arrival at San Jose, the question of appointing a Judge for the Sonoma district was attracting attention, and the only candidate was W. R. Turner, who though a gentle- man of capabilities, did not reside there, and probably had never visited the spot. Pearce proposed to Hopkins to run for the office ; he allowed himself to be put in nomination, and he beat Turner, who knew not of opposition, just as he was putting forth his hand to seize the prize. The vote was unanimous for Hopkins, and Turner received some other district. Thus we see how narrow was the escape which Sonoma had at the outset of receiving a District Judge, who was utterly unknown to her residents. Pearce went to San Jose for one purpose and accomplished another, while Hopkins came back a full-fledged Judge of a most important district.
The State of California was admitted into the Union on September 9, 1850, and on January 6, 1851, the second Legislature met at San Jose. Martin E. Cook, at this session, represented the Eleventh Senatorial district, which was composed of the counties of Sonoma, Solano, Napa, Marin, Colusa, Yolo, and Trinity-in short all that territory west of the Sacramento river, while in the lower house, this county in conjunction with Napa, Marin, and Solano, were represented by John A. Bradford and A. Stearns. The census agent to the Legislature at this period reports the population of Sonoma county to be five hundred and sixty-one souls.
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