USA > California > Tulare County > History of Tulare County, California with biographical sketches > Part 13
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" October 18 .- A German, this morning, picking a hole in the ground near our camping tree, struck a piece of gold weigh- ing about three ounces. As soon as it was known, some forty picks were flying 'into the earth, but not another piece was found. In a ravine, a little girl this morning picked up what she thought a curious stone, and brought it to her mother, who found it a lump of gold, weighing six or seven pounds.
"October 20 .- I encountered this morning, in the person of a Welshman, a marked specimen of the gold-digger. He stood some six feet eight in his shoes, with giant limbs and frame. A slender strap fastened his coarse trowsers above his hips, and confined the flowing bunt of his flannel shirt. A broad-rimmed
hat sheltered his browny features, while his unshorn beard and hair flowed in tangled confusion to his waist. To his back was lashed a blanket and bag of provisions ; on one shoulder rested a huge crow-bar, to which was hung a gold washer and skillet; on the other rested a rifle, a spade, and a pick, from which dangled a cup and a pair of heavy shoes. He recognized me as the magistrate who had once arrested him for breach of the peace. " Well, Alcalde," said he, "I am glad to see you in these diggings. I was on a buster; you did your duty, and I respect you for it ; and now let me settle the difference between ns with a bit of gold; it shall be the first I strike under this bog." Before I eould reply, his traps were on the ground, and his pick was tearing up bog after bog. These removed, he struck a layer of clay. "Here she comes," he ejaculated, and turned out a piece of gold that would weigh an ounee or more. "There Alcalde, accept that, and when you reach home have a brace- let made for your good lady." He continued digging around the same place for the hour I remained, but never found another piece-not a partiele. No uneommon thing to find only one piece, and never another near it."
THE DESERTED CLAIMS.
Seattered all up and down through the mining districts of California are hundreds of such spots as that represented by Colton. Time was when the same place was full of life and activity ; when the flume ran; when the cabins were tenanted ; when the loud voices of men rose, and the sounds of labor kept the birds away that now fly so fearlessly around the tumbling ruins. But the claim gave out, and the miners, gathering their tools together, vamosed for some other spot, and desolation set in. The unused flume dropped to pieces, ownerless huts became forlorn, and the debris only added to the dismalness of the place. Or who knows, some dark deed may have led to the abandonment of the claim, for surely the spot looks uncanny and gloomy enough for twenty murders.
FIRST DISCOVERIES OF GOLD,
The first actually known of the metals was the reported discov- ery, as early as 1802, of silver at Alizal, in Monterey County. In 1825, Jedediah S. Smith, at the head of a party of Ameri- can trappers, while crossing the Sierra Nevada in the vicinity of Mono Lake, "found placer gold in quantities and brought much of it with him to the encampment on Green River."
This is the first known discovery of gold in California, and mueh of the honor that is showered upon James W. Marshal, should properly fall upon this intrepid and enterprising pioneer trapper, Jedediah S. Smith.
In 1828, at San Isador, in San Diego County, and in 1833, in the western limits of Santa Clara County, gold was also found.
Gold placers were discovered in 1841, by a Canadian, near the Mission of San Fernando, forty-five miles northeast of Los Angeles, and were worked until 1848, in a small way, yielding some $6,000 annually.
ELLIOTT. LITH, ARIMONT.ST.
RESIDENCE OF R.H.EVANS. KERNVILLE. KERN CO. CAL.
KERNVILLE HOUSE.
KERNVILLE BREWERY.
KERNVILLE BREWERY. WM.COOK: PROP. KERNVILLE., KERN · CÓ , CAL ..
ELLIOTT LITH. 421 MONT. ST.
KERNVILLE.HOUSE. N.P.PETERSEN .PROP. KERNVILLE. KERN CO.CAL ..
ELLIOTT LITH. 421MONT. ST
69
ORGANIZATION OF STATE GOVERNMENT.
Organization of the Government.
1846 .- Thomas O. Larkin, the American Consul at Monte- rey, who under instructions had gained a great amount of in- fluence among the leading native Californians, suggested and caused the issuance of a circular by Governor Pico, in May, 1846, calling a convention of thirty of the more prominent men in the country. This assemblage was to discuss the condition of affairs and to petition the Mexican authorities for an im- proved government; if the request met with a refusal, the ter- ritory was to be sold to some other power. The tendency of this discussion would be towards the transfer of the territory to tlie United States. The convention did not meet, however, as events transpired which precluded the possibility of a peace- ful transfer. Lieut. John C. Fremont arrived in that year, and soon became embroiled in a wordy conflict with the authori- ties, and Ide and his party declared a revolution at Sonoma as heretofore mentioned.
The more intelligent settlers of California saw at an early day the urgent necessity of a regular constitution and laws. The pro- visional government existing since the conquest of 1847 was but a temporary affair and by no means able to satisfy the wants of a great, growing, and dangerous population which had now so strangely and suddenly gathered together. The inhab- itants could not wait the slow movements of Congress. At- tempts were made by the citizens of San Francisco, Sonoma, and San Jose to form legislatures for themselves, which they invested with supreme authority. It was quickly found that these independent legislative bodies came into collision with each other, and nothing less than a general constitution would be satisfactory to the people.
Great meetings for these purposes were held at San Jose, San Francisco, Monterey, Sonoma, and other places, in the months of December and January, 1848-49. It was resolved that dele- gates be chosen by popular election from all parts of the State to meet at San Jose. These delegates were to forin a Consti- tution. These movements were general on the part of all citi- zens, and no partizan feeling was shown in the matter.
CONVENTION CALLED AT MONTEREY.
1849 .- While the people were thus working out for them- selves this great problem, the then great Military Governor, General Riley, saw fit to issue on the 3d of June, 1849, a proc- lamation calling a Convention to meet at Montercy on the 1st of September, to frame a Constitution.
These delegates were forty-eight in number, and while they represented all parts of the State, they were also representa- tives of every State in the Union. They were men not much used to those deliberations expected of such a body, but they determined to do their duty in the best possible manner.
The delegates, at their first regular meeting on the 4th of
September, chose, by a large majority of votes, Dr. Robert Semple as President of the Convention; Capt. William G. Marcy was then appointed Secretary, and the other necessary offices were properly filled up. After rather more than a month's constant labor and discussion, the existing Constitu- tion of California was drafted, and finally adopted by the Con- vention.
THE FIRST STATE CONSTITUTION.
This document was formed after the model of the most approved State Constitutions of the Union, and was framed in strict accordance with the most liberal and independent opin- ions of the age.
On the 13th of October, 1849, the delegates signed the instrument, and a salute of thirty-one guns was fired.
The house in which the delegates met was a large, hand- some two-story stone erection, called " Colton Hall." and was, perhaps, the best fitted for their purposes of any building in the country. It was erected by Walter Colton, who was the Alcalde of Monterey, having been appointed by Commodore Stockton July 28, 1846. The building is still standing in a good state of preservation.
The Constitution was submitted to the people and was adopted on the 13th of November, a Governor being elected at the same time :--
For the Constitution 12,064
Against the Constitution 811
For Governor, Peter H. Burnett. 6,716
W. Scott Sherwood 3,188
J. W. Geary 1,475
John A. Sutter. 2,201
William M. Stewart 719
Total vote on Constitution 12,875
Total vote for Governor 14,299
This vote was light, and was chiefly cast at San Francisco, Los Angeles, San Diego, Santa Barbara, San Jose, Stockton, Sacramento, and the mines most convenient to the latter places. The miners were moving about from place to place, were scat- tered along the rivers and in the mountains, and on account of the limited facilities for communication and the short time between the adjournment of the Convention and the day of the election, there was no opportunity offered to thousands to exercise the right of franchise on this occasion, but they gladly acquiesced in the decision of their countrymen.
FIRST CALIFORNIA LEGISLATURE.
On Saturday, the 15th of December, 1849, the first Leg- islature of the State of California met at San Jose. The Assembly occupied the second story of the State House, but the lower portion, which was designed for the Senate Cham- ber, not being ready, the latter body held their sittings, for a short period, in the house of Isaac Branham, on the southwest corner of Market Plaza. The State House proper was a building
70
MEETING OF THE FIRST LEGISLATURE.
sixty-five feet long, forty feet wide, two stories high and adorned with a piazza in front. The upper story was simply a large room with a stairway leading thereto. This was the Assembly Chamber. The lower story was divided into four rooms; the largest, 20x40 feet, was designed for the Senate Chamber, and the others were used by the Secretary of State and the various committees. The building was destroyed by fire on the 29th of April, 1853, at four o'eloek in the morning.
SOLONS DISSATISFIED WITH SAN JOSE.
On the first day of the first legislative session only six Sen- ators were present, and perhaps twice as many Assemblymen. On Sunday, Governor Riley and Seeretary Halleek arrived, and by Monday nearly all the members were present. Num- ber of members: Senate, 16; Assembly, 36. Total, 52. No sooner was the Legislature fairly organized than the members began to growl about their accommodations. They didn't like the legislative building, and swore terribly, between drinks, at the accommodations of the town generally. Many of the solons expressed a desire to move the Capitol from San Jose immediately. On the 19th instant George B. Tingley, a member of the House from Sacramento, offered a bill to the effect that the Legislature remove the Capitol at once to Mon- terey. The bill passed its first reading and was laid over for further action.
FIRST STATE SENATORS ELECTED.
On the 20th Governor Riley resigned his gubernatorial office, and by his order, dated Headquarters Tenth Military Department, San Jose, California, December 20, 1849, (Order No. 41), Capt. H. W. Halleek, afterwards a General in the war of the Rebellion, was relieved as Secretary of State. On the same day Gov. Peter Burnett was sworn by K. H. Dimiek, Judge of the Court of First Instance.
The same day, also, Col. J. C. Fremont received a majority of six votes, and Dr. M. Gwin a majority of two for Senators of the United States. The respective candidates for the United States Senate kept ranches, as they were termed; that is, they kept open house. All who entered drank free and freely. Under the eireumstances they could afford to. Every man who drank of course wished that the owner of the establishment might be the suceessful eandidate for the Senate. That wish would be expressed half a dozen times a day in as many differ- ent houses. A great deal of solieitude would be indicated just about the time for drinks.
FIRST INAUGURAL BALL.
On the evening of the 27th the citizens of San Jose, having become somewhat alarmed at the continued grumbling of the strangers within their gates, determined that it was nec- essary to do something to content the assembled wisdom of the State, and accordingly arranged for a grand ball, which was given in the Assembly Chamber. As ladies were very
scarce, the country about was literally ' raked," to use the expression of the historian of that period, "for señoritas," and their red and yellow flannel petticoats so variegated the whirl of the dance that the American-dressed ladies, and in fact the solons themselves, were actually bewildered, and finally captivated, for, as the record further states, "now and then was given a sly wink of the eye between some American ladies, and between them and a friend of the other sex, as the señori- tas, bewitehing and graceful in motion, glided by with a cap- tured member." But, notwithstanding this rivalry, the first California inaugural ball was a sueeess. "The dance went on as merry as a marriage bell. All were in high glee. Spirits were plenty. Some hovered where you saw them not, but the sound thereof was not lost."
THE NOTED LEGISLATURE.
Speaking of the appellation applied to the first body of Cal- ifornia law-makers, i.e., " The Legislatureof a Thousand Drinks," the same quaint writer says, " with no disrespect for the mem- bers of that body, I never heard one of them deny that the baptismal name was improperly bestowed upon them. They were good drinkers-they drank like men. If they could not stand the ceremony on any particular occasion they would lie down to it with becoming grace. I knew one to be laid out with a white sheet spread over him, and six lighted eandles around him. He appeared to be in the spirit land. He was really on land with the spirits in him-too full for utteranee. But to do justice to this body of men, there were but a very few among them who were given to drinking habitually, and as for official labor, they performed probably more than any subsequent legislative body of the State in the same given time. In the State House there was many a triek played, many a joke passed, the recollection of which produces a smile upon the faees of those who witnessed them. It was not infre- quently that as a person was walking up stairs with a lighted eandle, a shot from a revolver would extinguish it. Then what shouts of laughter rang through the building at the seared indi- vidual. Those who fired were marksmen; their aim was true and they knew it."
THE FANDANGO PATRONIZED.
Speaking of the way in which these gay and festive legisla- tors passed their evenings, a writer says: "The almost nightly amusement was the fandango. There were some respectable ones, and some which at this day would not be ealled respect- able. The term might be considered relative in its significa- tion. It depended a good deal on the spirit of the times and the notion of the attendant of such places. Those fandangos, where the members kept their hats on and treated their part- ners after each danee, were not considered of a high-toned character (modern members will please bear this in mind).
There were frequent parties where a little more gentility was exhibited. In truth, considering the times and the coun-
71
ACTS AND AMUSEMENTS OF EARLY LEGISLATORS.
try, they were very agreeable. The difference in language, in some degree prohibited a free exchange of ideas between the two sexes when the Americans were in exeess. But then, what one could not say in so many words he imagined, guessed, or made signs, and, on the whole, the parties were novel and interesting.
AMUSEMENTS FOR THE MEMBERS.
The grand out-door amusements were the bull and bear fights. They took place sometimes on St. James, and some- times on Market Square. Sunday was the usual day for bull- fights.
On the 3d day of February the legislators were enter- tained by a great exhibition of a fellow-man putting himself on a level with a beast. In the month of Mareh there was a good deal of amusement, mixed with a considerable amount of exeitement.
It was reported all over the Capital that gold liad been dis- covered in the bed of Coyote Creek. There was a general rush. Pieks, shovels, crow-bars and pans had a large sale. Members of the Legislature, officials, clerks, and lobbyists eon- eluded suddenly to change their voeation. Even the sixteen dollars per day which they had voted themselves was no induee- ment to keep them away from Coyote Creek. But they soon came back again, and half of those who went away would never own it after the excitement was over. Beyond the above interesting and presumably prominent faets history gives us very little eoneerning the meeting of our first Legislature exeept that the session lasted 129 days, an adjournment having been effeeted on the 22d of April, 1850.
SECOND SESSION OF LEGISLATURE.
1851 .- The Second Legislature assembled on the 6th of January, 1851. On the 8th the Governor tendered his resignation to the Legislature, and John MeDougal was sworn in as his successor. The question of the removal of the capital from San Jose was one of the important ones of the session, so much so that the eitizens of San Jose were remarkably active in catering to the wishes of the members of the legis- lative body. They offered extravagant bids of land for the capital grounds, promised all manner of buildings and aceom- modations, and even took the State scrip in payment for Leg- islators' board. But it was of no use.
Vallejo was determined to have the eapital, and began brib- ing members right and left with all the eity lots they wanted. The act of removal was passed February 14th, and after that date the Legislators had to suffer. The people refused to take State serip for San Jose board, charged double priees for every- thing; and when, on the 16th of May, the Solons finally pulled up stakes and left, there was not thrown after them the traditional old shoe, but an assorted lot of mongrel oaths and Mexiean maledietions greeted them on their long-wished-for departure.
REMOVALS OF THE CAPITAL.
Third Session-Convened at Vallejo, the new Capital, Janu- ary 5, 1852. Number of members: Senate, 27; Assembly, 62 Total, 89.
Fourth Session-Convened at Vallejo, January 2, 1853 removed to Benieia, February 4, 1853.
Fifth Session-Convened at Benieia, January 2, 1854, removed to Saeramento, February 25, 1854, where it has since remained.
PRESENT CAPITOL BUILDING.
In the beginning of 1860, the eitizens of Sacramento deeded to the State, lots of land in the city on which a new State Cap- itol could be built. Work commenced the 15th day of May. 1861, and the corner-stone was laid with Masonie ceremonies, eondueted by N. Green Curtis, then Grand Master of the Order. In a few years other bloeks were added, so that now the grounds extend from Tenth to Fifteenth and from L to N Streets. For
STATE HOUSE AT SAN JOSE, 1849.
this addition the eitizens subseribed $30,000, the State appro- priation not being sufficient to fully pay for the land. The original arehiteet was Reuben Clark, to whom the greatest meed of praise should be given for the beautiful building that now adorns the eity and is an honor to the State. After the dedieation ceremonies, work was diseontinued on it for some time, and it was not until 1865, that labor was reeommeneed in earnest. Up to November 1, 1875, the eost, added to the usual items for repairs and improvements, amounted to $2,449,- 428.31. The building is 240 feet in height, the height of the main building being 94 feet. Its depth is 149 feet and its length 282. The Assembly Chamber is 73 by 75, with a heiglit of 48 feet, the Senate 73 by 56, with the same height. The first or ground story of the building, is 16 feet above level of the surrounding streets.
The State Capitol, one of the prettiest in America, stands in a park of eight bloeks, terraeed and ornamented with walks, drives, trees, shrubs, and plants, forming one of the prettiest spots in the country. This fine strueture eost about $2,500,000, and its towering dome, surmounted by the Temple and Goddess
72
A NEW CONSTITUTION ADOPTED.
of Liberty, rises 240 feet, and is the first object presented to view in the distance from whatever direction the traveler approaches the city. A fine engraving of this building will be found as a frontispiece.
The State Capitol Park, in which are located the Capitol build- ing, the State Armory, and the State Printing Office, embraces ten full blocks of land, and the breadth of four streets, running north and south. Recent improvements lay out the grounds in a graceful landscape style, of extensive lawn and elumps of trees, and arranges them more especially as a drive. The main drive is in the form of an ellipse, the roadway being forty feet in width, and estimated to be about two-thirds of a mile in length. It is bordered by a double row of trees, and the grounds intervening between the roadway and the fences are being tastefully laid out in the best style of landscape gar- dening.
FORMING OF A NEW CONSTITUTION.
The Constitution which was framed at Monterey, when the State was yet in its swaddling clothes, answered every pur- pose for a number of years, but the entire body politic had changed, and the popular voice became clamorous for a change in the organic law of the State. The question had often been before mooted, and votes taken upon calling a convention for the purpose of framing a new Constitution, but public senti- ment did not reach the requisite condition until the general election of 1877, at which time "Constitutional Convention, Yes," carried with an overwhelming majority. During the session of the Legislature, which followed this election, a bill was framned and passed, which provided for the election of dele- gates to the convention, and which was approved March 30, 1878. Thirty-two of the delegates were to be elected from the State at large, not more than eight of whom should reside in any one Congressional district. In accordance with a procla- mation issued by the Governor, an election for the purpose of of choosing delegates to the convention was held June 19, 1878. The body comprising the Constitutional Convention, met at Sac- ramento City, September 28th of that year, and continued in session 175 days. The day set for the people of the State to adopt or reject the result of the labors of the Convention was May 7, 1879, and there was a very strong, and in some instances, a bitter fight made over it ; those opposing it, citing wherein the old Constitution had proved satisfactory, and wherein the new organic law would prove disastrous ; while those who desired its adoption were as ready to show up the weak points of the old, and its inadequacy to the demands of the present advanced state of affairs, and wherein a new would almost prove a panacea for all our ills, both social, moral, and political. Thus the matter continued to be agitated until the day had come on which the die should be cast, and greatly to the surprise of everybody, the decision of the people of the State was in favor of the new law.
LIST OF CALIFORNIA GOVERNORS.
The Governors of California since its settlement to the pres- ent time were as follows :-
SPANISH RULE.
Gaspar de Portala 1767-1771
Felipe de Barri. 1771-1774
Felipe de Neve. 1774-1782
Pedro Fajes. 1782-1890
Jose Antonio Romea 1790-1792
#Jose J. de Arrillaga. 1792-1794
Diego de Borica. .1794-1800
Jose J. de Arrillaga 1800-1814
*Jose Arguello. 1814-1815
Pablo Vincente de Sola
1815-1822
MEXICAN RULE.
Pablo Vincente de Sola
1822-1823
Luis Arguello 1823-1825
Jose Maria de Echeandia.
. June, 1825-Jan., 1831
Manuel Victoria . .Jan., 1831-Jan., 1832
*Pio Pico. Jan., 1832-Jan., 1833
Jose Figuerra
Jan., 1833-Aug., 1835
*Jose Castro.
.Aug., 1835-Jan., 1836
Nicolas Gutierrez
Jan., 1836-Apr., 1836
Mariano Chico.
.Apr., 1836-Aug., 1836
Nicolas Gutierrez. . Aug., 1836-Nov., 1836
Juan B. Alvarado. . Nov., 1836-Dec., 1842
Manuel Micheltorena .Dec., 1842-Feb., 1845
Pio Pico. .Feb., 1845- July 1846
AMERICAN RULE-TERRITORIAL.
Con. John D. Sloat. . July 7, 1846-Aug. 17, 1846
Com. R. F. Stockton. . Aug. 17, 1846-Jan. - , 1847
Col. John C. Fremont
Jan. - , 1847-Mar. 1, 1847
Gen. S. W. Kearny Mar. 1, 1847-May 31, 1847
Col. Richard B. Mason May 31, 1847-Apr. 13, 1849
Gen. Bennet Riley Apr. 13, 1849-Dec. 20, 1849
STATE-GOVERNORS.
NAME.
INAUGURATED.
1-Peter H. Burnett
Dec. 20, 1849
John McDougal.
Jan. 9, 1851
John Bigler. Jan. 8, 1852
John Bigler .Jan. 8, 1854
J. Neely Jolinson.
.Jan. 8, 1856
Tohn B. Weller
.Jan. 8, 1858
+Milton S. Latham
. Jan.
8, 1860
.John G. Downey
Jan. 14, 1860
Leland Stanford .
Jan. 8, 1862
Frederick F. Low
.Dec. 2, 1863
Henry H. Haight
.Dec. 5, 1867
+-Newton Booth.
.Dec. 8, 1871
Romualdo Pacheco
.Feb. 27, 18.5
William Irwin. .Dec. 9, 1875
George C. Perkins
.Jan. 5, 1880
· Ad interim. + Resigned. ! Term increased from two to four years.
ELLIOTT. LITH. 421 MONT. ST.
RESIDENCE OF G. F. RICE. OUTSIDE CREEK TULARE CO. CAL.
RESIDENCE OF J.C.FISHER. 6 MILES EAST OF VISALIA. TULARE CO. CAL.
ELLIOTT. LITH.ALIMONT.ST
73
GREAT MOUNTAIN RANGES OF THE STATE.
Geographical Features.
THE Coast Range of mountains runs parallel to the ocean, and has an altitude of froin 2,000 to 4,000 feet above the sea, and an average width of twenty to forty miles.
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