USA > California > Yuba County > History of Yuba County, California, with illustrations descriptive of its scenery, residences, public buildings, fine blocks and manufactories > Part 11
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43
Sundny uftornoon, March 21, 1852, Eliza Sutter, the daughter of the Captain, was married to Geo. Engler of Marysville. The core- mouy took place ut Hock Farm und was performed by Judge Cushing of Murysvillo. Visitors wore present from nearly all parts of the Sinte und enjoyed fully the celebrated hospitalities of llock Farm.
In the latter part of 1851, the matter of nnother division of the. county was bronched uuml resulted in the segregation of Sierra county by act of the Legislature, approved April 16, 1852. The following are tho first two sections of the Art alluded to :- " SEc. 1. The " following shall constitute the boundaries and seat of justice of "Sierra county. Skc. 2. Sierm county: Beginning at a point in " the middle of the midille branch of Yubon river, ten miles from its "mouth, running thence in a northwesterly direction to a point on the " north branch of Yuba river, known as Ont. Eye Foster's Bar; thence " westerly ton point on the diviling ridge between the waters of " Fentber and Yul rivers, known as the Lexington House, leav- " ing satil honse in Yula County; thence imrtherly following out said " ridge; thener rasterly in a straight line to the boundary line of the "State; thence sonth along snil boundary line to a point east of the " the middle branch of Yuba river, and the northeast corner of
" Nevola county; thener west following the northerly line of Nevada " county, to the place of beginning." The seat of justice was fixed at Downioville. The joint naboltedness of the two counties was thirty-six thousand nine hundred and one dollars, the proportion of Sierm county being nine thousand two hundred and twenty-five dollars. The election of officers for Sierra county was set for Mom- day, June 11. 1852; Jolm James, Fomeis Anderson, Joden Craycroft, (. E. Smith, and T. M. Ransdell were appointed the Board of Com- missioners. The election resulted in the choice of the following officers:
County Judge, F. J. McCANN. Dem., 452 Maj.
District Attorney, THADDEUS PURDY, ..
W's. J. FORD,
555 4
J. W. NICHonsox. lud., 2.1 4
County Treasurer,
T. M. RAMSDELL, Dem., 485 4
Assessor,
E. F'RAZER,
567
Coroner,
('YRUS D. AIKEN,
15 6
Surveyor, W. G. STILL,
495 4
Sierra county having been taken away, it became necessary to re- divide the county into townships, which was done by the Court uf Sessions, October 7, 1852, making ten sabdivisions. Marysville No. 1, Long Bar No. 1. Parks Bar No. 5, Dobbins No. 6, Foster Bar No. 7, Slate Range No. 8, Northeast No. 9, and Keystone No. 10, were north of Yuba river, while Litla No. 2, mol Rose Bar No. 3, were south of the stream.
February 3, 1854, an act was passed entitled, " An Act Amemlatory "to an Act Incorporating the City of Marysville, and Acts Suppde- " mentary to snid Act." On the thirtieth of March of the sune year, an act was passed entitled, " An Act Amendatory to an Act to Incor- " porate the City of Marysville, and to Acts Supplementary and amend- "ntory thereto." May 6, 1854, an act was passed entitled, " An Act "Supplementary to the Act Incorporating the City of Marysville, and "to all Acts Supplementary aml Amemlatory to the same." Other acts relating to the incorporation of Marysville and its government, were passed by the Legislature, March 5, 1855; March 3, 1857 ; April 23,1857; April 18, 1859; March 10, 1860; May 3, 1861; and March 5, 1862.
October 10, 1856, the county was again subdivided into townships by the Board of Supervisors. This time there were ten townships laid out, with names and boundaries nearly the same as at present. Since then but little change has been made except in rectifying the division lines, and the division of Bear River into east and west lialves. September 17, 1861, the map made by Nelson Wescoatt, County Sur- vey .. r, was declared the official map of the county, and the township boundaries as thereon shown were allopted as correct. By this action
there were made eleven townships, of which Marysville No. 1. Long Bar No. 6, Parks Bar No. 7, New York No. S. Foster Bar No. 9. Northeast No. 10, and Shite Range No. 11. are on the north side of the Yuba ; and Linda No. 2. West Bear River No. 3, Fast Bear River No. 4. and Rose Bar No. 5, are on the south side. The boundaries are defined in the various township histories.
March 7, 1876, an net to reincorporate the city of Marysville was approved. The boundaries as laid down in this charter are as fol lows :- Commencing at a point. on the south bank of Yuba river, opje. site D street in said city ; thenee down the south bank of sabl river to the center of Feather river; theur up the center of Feather river to a point opposite Sixteenth street in said city: thence ensterly along the north line of said Sixteenth street to E street in said city; thence northerly along the west line of E street to the northwest corner of suburban lot 5, range D; thence easterly to the ontar side of the lovee as now located by said city: thence along the outer side of said leven until it intersects the Brown's Valley road or grads; thence along the extreme sontheasterly side of said Brown's Valley road or grode to a point where said Brown's Valley grade or roul intersects Swezy strut; thence dne sonth to the south bank of Yuba river; thence along the sonth bank of Yuba river to the place of beginning.
In 1852, a census of the inhabitants in the county showed thr population to be twenty-two thousand and five. The eighth United States census in 1860, credits the county with a popabetion of thirteen thousand six buudred and sixty-eight. The ninth crusns, in 1870, fixes it at ten thousand eight hundred mnot fifty-one, ranking twelfth in the State, while the estimated population in 1877, was cleven thousandl.
The directory for 1853 makes the following classitiention of business men and firms :- auction and commission merchants, six; attorneys-at- law, sixteen; bankers, five; bakers, four; barbers, right; proprietors of baths, two; blacksmiths. twenty; books and stationery, three; butchers, eight; proprietors of brick yards, five; carpenters, joiners and buiklers, seventeen; cabinetmakers, five; clothiers, fifteen; cigar ;und tobacco dealers, six; crockery and glass, two; coopers, -; conch, carriage and wagonmakers, six; clerks auml book-kurjis, sixty- six; dentists, two; dry goods merchants, six; saloon and restaurant- keepers, nineteen; druggists, four; editors and publishers, six ; express offices, seven; hay dealers, twelve; hardware dealers, five; hotels, eighteen; stable keepers, ten; Inmber dealers, tive; merchants, fifty- four; mminters, six; physicians, seventeen; steam touring mills, three; stemn saw mills, two; stagr proprietors, seven; watchmakers, and jewelers, seven; miscellaneous, thirty-tive.'
The following list will give an idea of the business interests of Marysville at the present time. The data were gathered by a careful
Sheritľ, County (Jerk,
46
HISTORY OF YUBA COUNTY, CALIFORNIA.
examination of the signs and wivertisements displayed to the public gaze. The statement for 1853, includes the employers and employes, while that of 1879 embraces ouly the former, which accounts for the wemining dixperity in mmmlors in some of the trades and professions: wholesale groceries, three; retail groceries, nine; wholesale and re- tail hardware, five; dry goods, five; boots and shoes, five; clothing and tailors, eleven; confectionery, two; hats and caps, one; fruit, four; stationery and variety, five; cigars and tobacco, five; furniture, two; saloons, thirty-four; livery, thirteen; blacksmiths and wagon- makors ning; carpenter shops, four; barber shops, eight; paint shops, live; insurmee agencies, twolve; surveyors, two; express, oue; school houses, two; private school, one; college, one; boarding houses, four; ice house, one; photograph galleries, two; lawyers, eight; physicians, seven, dentists, two; bakeries, two; millinery and dress, five; notaries, miblic, nine; gunsmiths, three; tinsmith, one; auction house, one; jewelry, five; calinet shop, one; mint store, one; hides and pelts, one; hotels, four; restaurants, two; drugs, four; telegraph, one; undertaking establishments, two; churches, nine; city hall, one; court house, one; thonter, one; ment markets, four; lumber yards, two; Odd Fellows' hall, one; Masonic hall, one; Turner hall, one; banks, three; newspapor, one; post office, one.
The favorite material ,for the construction of permanent bniklings und dwellings was brick, and as early as in 1852 several kilns were in active operation. The following table will show approximately the number and cost of the brick structures erected during the first six years of tho existence of the city :
Your
Number of Buildings.
Cost.
1851
2
$ 6,000
1852
16. 183,400
1853
31 330,500
1854
40. 329,600
1855
49
323,700
Dwellings.
1859
1
4,000
1853
36,000
1854
3
19,000
1855
5
49,800
The literary and umsical talent was shown in contributions to news- papers and periodicals, and the frequent private umsical entertain- ments. In July, 1851, a song, entitled " The Love Knot," composed by Stophen C. Massett, and words by Hon. Mrs. Norton, was poh- lished in New York. Mr. Massett, after disposing of his interest in the Herald, and before departing on his Eastern trip, in December, 1851, gave an excellent entertainment, bringing out the local talent in recitation and music, both vocal and instrumental. \ Abont the
middle of February, 1852. a work was issued upon whose title-page appeared the following :- " Entewa, the Mountain Bird, a Romance founded on fact. By J. R. Poynter, M. D. Marysville, Cal., 1852." This was claimed to be the first California novel. The scene was laid in this State, and opened in the summer of 1849. The newspapers frequently contained able contributions in prosc and poetry, from local writers. In August, 1853, C. P. Hale and Fred. Emory published the first Directory of Marysville. The book was printed at the Her- ald office, and contained one hundred and thirty-threc pages.
Notwithstanding all the dangers and privations incident to the life of a miner, there were comparatively few deaths in the city in early times. The mortality report for the year 1852 mentions the follow- ing causes :- Intemperance, fourteen; dysentery, forty; congestive chills, six ; drowned, seven; fevers, twenty-five; consumption, one; chol- era, fifteen; cholera morbus, four; suicides, thrce; killed by a horse, one; murdered, two; croup, one; measles, one; pleurisy, one; inflamma- tion of the lungs, four; sunstroke, two; Panama fever, ten; unknown causes, twenty-six; total, one hundred and sixty-three. Of these were Mexicans, thirty-nine; French, sixteen; Chinese, four; Gemuan, one; Cherokec Indian, one; unknown nativity, ten; Americans, ninety-two.
The bank failures in San Francisco, in 1855, affected husiness in Marysville quite seriously, but it quickly recovered. In November, 1852, the County Surveyor, D. B. Scott, in his report to the State Surveyor General, stated that the total yield of gold in this county, during the preceding year, was sixteen million dollars. The total amount of gold shipped to San Francisco in 1857, by Low, Brothers & Com- pany, Reynolds Brothers, and Mark Brumagin & Co., was ten million one hundred and seventy-five thousand dollars, from Jannary I, to June 30, 1858, four million, three hundred and fifty thousand dollars, making total shipment in a year and a half, fourteen million five hun- dred and twenty-five thousand dollars. It was proposed in the Coun- cil, in January, 1854, to change the name of the city to " Yuha;" but the citizens objected and the matter was dropped. At an election May 12, 1855, the Council was authorized to horrow one hundred and fifty thousand dollars, by a vote of one hundred and ten to ten.
The State Fair was held for five days in Marysville, commencing August 23, 1858.
In November, 1853, Wm. H. Lent, now a noted capitalist in San Francisco, was apointed the first captain of police by the council.
In 1854, the police force was one Marshal, one captain, and eight policemen. Now it is composed of one Marshal and four policemen, and such other police as the Mayor shall see fit to appoint when necessary.
The wonderful prosperity lasted until 1858, when the Fraser river excitement occurred and took ont about twenty thousand people from
the State. In 1860 and 1861, about the same number crossed the Sierras to the Washoe diggings. These excitements tended to depopu- late the county and retard its progress. Buildings which before were renting for six hundred dollars would not sell for that amount after the exodus, hut soon mattters became moro tranquil and equalized, the county began to grow again and is now on the ascension.
MARYSVILLE TOWNSHIP.
The first division of the county was iuto fifteen townships, by the Court of Sessions, August 24, 1850. Marysville Township was then inade to includo also ahout one half of Long Bar, extending twelve miles east from Feather rivor. The next division, made August ī, 1851, cut off a little from the eastern end, making tho mouth of Dry creek the limit. The division made October 7, 1852, left Marysville Township without any change until October 10, 1856, when the Bourd of Supervisors gavo it the present boundaries. Commencing at the junction of Yuba and Feather rivers, thence up the middle of Yuba river to its intersection with the east line of Township No. 16, N. R. 4 E. ; thence north on said lino nine miles and fifteeu cliins to Honcut creek; thence down the middle of said creek to the Fenther river; thence down the middle of Feather river to the place of beginning. The early settlements by Cordua and Rouelle have been given at length in the previous chapters of this work, and in fact the whole history of Marysville, which is practically the history of this township, is given elsewhere, leaving but little else to be said. Jolm Morriet bought from the grant owners, in 1849, two miles of land on the river, and engaged in raising cattle, using the Indians as assistants. In 1850, he raised a crop of corn. That fall he sold to M. C. Nye and removed from the county. Nye settled on the place, and soon after sold to Charles Covillaud and J. G. Cornell. The place is known as the Mor- riet tract, and has been occupied by Mr. Cornell since 1851. In 1852, Messrs. Nye and Cornell raised a crop of harley. They purchased seed in San Francisco for seven cents per pound, and paid one hundred dollars for a plow. They paid La Malfa, of Marysville, twelve and one-half cents per bushel for threshing it with a small machine that he owned, and also paid seven and one-half cents for cleaning. The grain sold for from four to five cents per pound. Hay cutting along the river was a great industry at that time, many parties engaging in it who made no permanent settlement.
R. F. Piatt, H. F. Sadorus and George Matsler settled on the South Honcut in 1850, on Section 24, Township 17, N. Range 4 E., and en- gaged in stock raisiug. Mr. Piatt huilt a house in that year. Mr. James Bryden soon afterward settled in this locality. Early in 1850, Mr. Bryden and R. F. Piatt sowed ahont ten acres of land in barley. A fine crop was the result, but most of it was seized by the Indians.
RESIDENCE OF P.J. FLANNERY, Nº 186. D STREET., MARYSVILLE, YUBA C. CAL.
47
HISTORY OF YUBA COUNTY. CALIFORNIA.
In 1851, Richard Pegrim and Dr. Wilkins settled on the river. Dr. Wilkins had a fine library, which was scattered all over the surround- ing country by the flood of 1851; n sort of "circulating library," the first in the county. Dr. Wilkins is now superintendent of the: Napa Insune Asylum. Richard Pogrim had a narrow escape during the flood of that winter. llc was carried down the stream while on horseback, but succeeded in clinging to the branches of a tree as he passed. He remained in the tree several hours until assistance came. In 1852, a man named Seymour came here and farmed with Cornell seven years, when he diod. After 1852, the township was settled up rapidly, and becamo woll doveloped agriculturally. The first school- house was built on tho Nelson pleco, near the Honcut. The school was attended by all the children in this part of the township. The first bridge across the Honcut was built in 1855, by Jesse Mayhew. The Honcut hotol was built neur this end of the bridge. The Eight Milo House, Prairie House, und a fow other places were opened for the accommodation of travelers.
FEATHERTON CITY.
In tho month of April, 1850, the proprietors of Marysville yielded to tho populur passion for city making, and laid out the town of Featherton, at the mouth of the Honent. Tho following advertise. ment in the issno of May 3, 1850, of the Sacramento Placer Times, explains their intentions:
u NOTICE.
" FEATHERTON CITY.
"The undersigned, Propriotors of Murysville, would inform the " public that thoy huvo located nud laid ont a city, to be called Feath- "orton, ut the foot of the Willow Rapids, and the head of low water " navigation on Feather River, and being at the junction of the Honent " with Fenthor River, and between 15 and 20 miles above Marysville, " tho shirex of which they new offor for sale. From the advantageous " sitnation of said city; its elevation ubove high-water mark; located " in a dense and lovely grove of evergreen onk; the head of navigation "on Fenthor River, except in times of unusual freshets; lying along " the great trail to the Feather Rivor and upper Trinity mines, and " within ten miles of the newly discovered inines on the Honcut, the " undersigned feel free to reconnend the new city for beauty of scenery " and location; business advantages and permanent security of capital " invested, equal to any up-river city in California.
" Any persons desirous of procuring shares in said city, can do so "by applying to E. Gillespie, Sacramento city, in Brick Building, cor- " ner of 2d and J sts .; to Barton Lee, of same place, 3d door on 2d "street from J street; or to the proprietors, nt their old office in Ma- " rysville, where the terms and conditions may be known.
" It is the desire of the undersigned that all who feel inclined to " become interested in said city would go upon the ground and see the " game for themselves, and the mulersigned would gladly offer any aid " to persons wishing to visit Featherton. if they will call at their Ranch " Imilling in Marysville.
" The drawing will take place on the 15th day of May next, at
" Featherton, when the unsold shares may be purchased.
" A steamer will leave Marysville on the morning of the said both " of May, for Featherton, Passage, &c., free.
" The map of said city, and one of the proprietors, may be seen on " Thursday and Friday, the 2dl amt 3d of May next, at said Gillespie's "office, or at the Sutter House.
« C. Covnun & Co.
" Marysville, April 29, 1850. 54 5t"
The new town, however, met with such faint encouragement. that the project was abandoned.
CHAPTER XIV. COURTS AND BAR OF YUBA COUNTY.
lutroduction of Law into California- The Courts under the Mexican Law of 1837- Proclama- tion of Governar Bennett Riley-Election of Alcaldes at Marysville and Eliza -Courts as Established by the Constitution -Supreme Court-District Court County Court Court ul Sessions P'rabato Court -Recorder's, Mayor's, and Police Courts -Justice's Court- Courts under the New Constitution-List of Attorney's with Records.
LAW Inay be said to have been introduced into Alta California. in 1769, when the Franciscan Padres, under the leadership of Father Junipero Serra, founded the Mission of San Diego. The Padres had full civil control of the mission settlements and administered justice, not as we have been accustomed to in our courts of law, but in the manner best calculated to further the interests of their religion and government. Later, when Pueblos were established, justice was administered by an Alcalde (Judge), whose authority and that of the other civil officers gradually encroached upon the jurisdiction of the Padres, until finally, when the Missions were secularizedl, the civil power obtained supreme control, its authority extending along the whole coast, and as far inland as the military arm had strength to carry it.
Under the Mexican laws of 1837, we find the courts established as follows for the territory of California. The highest court, having an appellate jurisdiction and corresponding in character to our Supreme Court, was the Superior Court of California, consisting of four Judges and an Attorney General. It was divided into the first and second benches, the three senior Judges composing the first and the junior the second. The first bench was called the Court of the Third Instance, and its decisions were final. Appeals lay to this court from the second bench or Court of the Second Instance. The latter court had first juris- diction of appeals from the Court of the First Instance, the highest
local court then existing, and having somewhat the powers of our District Court. It became customary for the First Alcalde to discharge the duties of Judge of the Court of the First Instance. The lesser magistrates consisted of the Alealles aml Justices of the Peace, whoso (Inties were very similar and correspondled closely to those of our Justices.
During the period intervening between the American conquest, ju 1846, and the establishment of the new courts under the Constitution in 1850, the courts became seriously disorganized. In many places of recent growth, notably the towns and cities that dotted the valleys. brought ahnost miraculously into being by the inward rush of the eager gold seekers, there lunl as yet been no Court, and no law but that. administered by the settler and the miner. To remedy this defect, Gen. Bennett Riley, then Military Governor, issued a proclamation, June 3, 1849, in which, among other things, he called upon the people to elect Alcalles aml Judges, under the Mexican laws which woro then in force, who should administer justice until the courts to be established by the Constitution should become clothed with the powers lo be given them by that instrument.
It was by virtue of this proclamation that the inhabitants of the town of Marysville, Junmary 18, 1850, elected Stephen J. Fick], First Alcaklo, and J. B. Wadleigh, Second Alcalde; these were the first magis- trates in Yuba County. Subsequently, Phil. W. Keyser was elected AI- calde of Eliza, Richard Snowden of Nicolans, Gilbert A. Grunt of Ver- non, and Ilcury Fairchild of Yuba City. Perlmps the honor of being the first magistrate attaches to Gen. Jolin A. Sutter, who in the few years iunnediately preceding the American conquest was a Justice, or Captain, of the Sacramento District in which his grants were situated, and which embraced Yuba and Sutter Counties. However that may be, his authority terminated long before this county beenmne sufficiently settled to require a local magistrate. The authority of the Alcaldes elected in Jury continued until June, at which timo the Judges of the courts, as established by the Constitution, assumed the duties of their office. The election to fill these positions occurred on the first Monday in April, and resulted in the election of Henry P. Han, County Judge and Chief Justice of the Court of Sessions; Win. R. Turner was appointed Judge of the District Court by Governor Burnett.
The courts established by the Constitution of 1849, and their history so far as they relate to this county, are as follows:
SUPREME COURT.
By the constitution of 1849, the highest judicial power in the State was vested in a Supreme Court, with appellate jurisliction of canses involving over two hundred dollars, and in all cases of tax, municipal fines, and criminal cases amounting to a felony, in questions of law only. The Cont consisted of one Chief Justice and two Associate Justices, any two of whom constituted a quorum. The agreement of
48
HISTORY OF YUBA COUNTY. CALIFORNIA.
two of them was necessary to a decision. The term of office was fixed at six yours, one Justies to be elected in 1-51, and one on each second your thereafter The Judge whos term was the first to expire was made the Chief Justice. The first Justices were elected by the first Legisla- tur stol one of them was chosen by lot, whose term should expire Jaumary 1, 1852, one in Trat, al one in 1856. The Governor was given the power to till any vacancy by appointment until the next general election. In February, 1852, Justice Heydenfehlt, by joint resolution of the Legislature, was granted leave of absence for six months. It became evident. after his departure that the reminder of the Court conhl not transact much business, because a disagreement between them rendered a decision impossible. Therefore, March 25, 1852. the Legislature pissed im net authorizing the Governor tu fill any temporary vacancy by appointment. The next day Hon. Peter 11. Burnett was appointed, but, declined to serve, deeming the act meconstitutional. April 2nd, Ilon. Alexander Wells was appointed. The constitutionality of the art was tested on an agreed case, and the Court were divided in their opinions, Chief Justice Murray giving an opinion against the legality of the net, mul Justice Amlerson, one in its favor. There being then no decision of the question, Justice Wells took his sent May 5, 1859. When Justice Heydenfehlt returned In gave an opinion concur- ring with that of Chief Justice Murray against the act, and thus it was declared mconstitutional; not, however, until Justice Wells had retired from the bench. The constitutional amendments of 1863 altered the composition of the Court, establishing it as it is to-day. The minber of Justices was increased to tive, one to be elected every second year with terms of ten years. Five were elected in 1863, and the length of their terms decided among them by lot. The canses which vonkl be appealed were placed at those involving over three mulred instead of two hundred dollars.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.