USA > California > Yuba County > History of Yuba County, California, with illustrations descriptive of its scenery, residences, public buildings, fine blocks and manufactories > Part 33
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The several floods that occurred in the winter of 1861-2 thormighly convinced the citizens of Marysville that they would in the future be compelled to rely upon levers to protect the city from inundation, and preserve their property from destruction. A subscription wus accordingly raised among the citizens for that purpose. Tlds amounted to 84,000, to which the City touneil added $1,000. With this sni a levce, from three to eight feet high, was constructed, extending from the foot of D street ulong the river to F' street, which was at that time supposed sufficient for the city's protretion. The high water of the season of 1866-7, however, demonstrated the fuet, that this brief extent of embankment was entirely inadequate to effect the desired end. An Act was therefore passed by the Legislature early in 1868, authorizing the city to procure money for the construction of it com. plete line of levee surrounding it ou all sides. The line was imne. diately surveyed, the contracts let, and the whole completed prior to the first of December. The line of this embankment comunenced at the foot of E street, and followed the present line to the corner of K and Ninth streets. From this point it ran west to M street, north to Eleveuth street, west to N street on the bank of Feather river, north to Sixteenth street, northeast to the northeast corner of the Catholic Cemetery, including this, north to the southwest corner of the City Cemetery, east to Covillaud street, south to the Brown's Valley grade, down the grade to Yuba street, down Ynba street to Fourth street, on
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HISTORY OF YUBA COUNTY. CALIFORNIA.
Fourth street to Yuba alley, down the alley to First street, on First Hirest to B street, south to Front street, and along the river bank to the place of begining. The total length was ahont the same as that of the present line, nearly seven miles and cost $15, 279.97.
The following year it was found uccessary to raise atul improve the levee, aud also to extend it go us to include the City Cemetery, which had been left ant in the wet by the work of the previous year. For this 1217080 86,000 were aprinted by the City Council, and work commenced. The new line was 800 feet longer than the old one, and the change of line made the construction of one mile of new levec uncoHenry. The old line was raised from two and one-half to three foot, as far as the southwest corner of the City Cemetery. From this point this uow loves ron to the northwest corner of the cemetery, on the cemetery live to the city limits at the north end of A street, enst to Covilland street, and south to the old levoe. This work cost $8,833,00, being in excess over the appropriation, for which the Coun- cil provided. In 1870, the leveo was oxtomled from the north end of Covillaud street due vast to the Brown's Valley grade; the now lino being aver 4,000 feet long, and costing $1,947.74. In addi- tion to this, the Brown's Valley grade was repaired at an expenso of $1,353.25.
Surrounded thus by au embankment raised abovo high water mark tho citizens rosted in faucied security. High water mark, however, is an indefinite live, nud not always to be relied upon, as was discovered January 20, 1875, when the water came pouring over tho leveo north of the city, nud introduced the people to the most disastrous flood known in their history. It was then resolved to construct the levee unew. In 1876, an Act was passed by tho Legislature, authorizing the city to borrow money for this purpose, and bids for contract wero called for. Thero wero sevoral high bids entered, one of them $115,000, not inoluling tho cost of tho right of way. The contract was finally lot for $68,000 for the work, and the other expenses nmounted to $30,000, making n total expense of $98,000. The old levee, so far as usod, was raised three foot above high water mark, the Brown's Valley grado raised three feet, and the following new line constructed :- Commoucing at the corner of K and Ninth streets, it abandoned the old bank, and ran up K street to Sixteenth street, east to E street, north to Fightoonth street, northeast to the city limits at the north ond of Yuba street, where it connected with the ohl levee. The embankment nnt drain across the slough, between the city and the cemeteries, cost 821,000, and is a fine, though expensive, piece of work. This is the present line of levee, and it will be observed that the cemeteries enclosed by the former line are again left to the ravages of the water and sand. It is to be hoped, for the credit of the city, that this defeet will be soon remedied.
The Legislature, in 1876, passed an Act creating a levee district here, and placed it under the control of three Commissioners, who were elected in March of the same year. Prior to this, the work had been done under the supervision of a committee from the City Coun- cil. Since the Commissioners have had charge of the work they have expended 813,000 in repairing and strengthening the levee, and in cutting away the brush from a channel extending from above the rail- road bridge to Feather river, to give the water a freer passage in seasons of overflow. The Commissioners expect this year to make improvements to the extent of about $4,000 on the bank from tho river to the Oroville crossing. The cost of the levee proper, without alding interest on borrowed money :-
Expended in 1862 8 5,000 00
1868 18,279 97
44
1869 8,833 06
1870 3,300 99
=
1876 98,000 00
" sinco 1876
13,000 00
Total $146,414 02 A tax of two per cent. was levied in 1876, with which $36,000 of the lovee indebtedness of the city was paid. The balance was bonded April 1, 1876, there being issued $58,000 in eight per cent. bonds. For the condition of thesc bonds we refer to the table of city bonds. The present Commissioners are J. F. Flathmann, C. E. Sexcy and Justus Greely.
The grade and levee along the south bank of the Yuba river was built by the miners, who claim to have expended $53,000 for that purpose. The levce extends from the railroad bank up the stream, and is used for one and one-half miles as a road, and this portion is in good condition; the balance is of but little account, being too low and having been allowed to fall into decay. The citizens that lived along the line of this levee agreed to raise $8,000 to assist in its construc- tion, but have never done so.
The long grade to the Yuba river bridge, together with the bridge, was constructed at an expense of $50,000.
The Brown's Valley Grade, extending from the city along the north side of the Yuba towards Brown's Valley, has been built and main- tained by the couniy for the double purpose of a road and levee. Tbc cost of this work has been very great, the amount of which can not be accurately ascertained. It is frequently broken by tbe water, and requires large ontlays to keep it in good condition.
BEAR RIVER LEVEE DISTRICT NO. 1.
This district embraces the territory included between the river from Johnson's Crossing to a point five miles below, and the line that runs
through the middle of sections 25, 20, 17, 12, and 9 of Johnson's Grant, exclusive of the town of Wheatland.
As the river channel near Wheatland is now nbout one-half mile further south than formerly, this district embracos a small portion of Placer and Sutter counties. There are within the district 2,141 acres of land and fifteen land owners. The present length of tho levee is 29,405 feet, a small portion of which has been built since the organiz- ation of the district, tho major portion having been built at different times by private parties for their own protection. The levee as now constructed not only protects the land cubraced in tho district, but also as much again outside, and it would seem as if its boundarios should be extended so as to make the burdon of maintaining tho leveo lighter. Tho levce is built chicfly of tho sediment that has been deposited in the river, and as this is of a sandy nature, and not well calculated to stand the action of the water, brush has been placed in front of it, so that the current does not wash against it. In times of high water the levce requires much watching and repairing to keep it in proper condition. The district was incorporated in March, 1878, and is managed by three Commissioners, elccted by the people of the district every two years. Tho Commissioners are D. P. Durst, Geo. W. Hall and James Sowell.
CHAPTER XLI.
LANDS AND TITLES.
The Right to the Land -Transfers-Disputes in Regard to Titles-Extraet from the " Annale of San Francisco"-Action of Congress-Tho Land Commission-Extract from Hittell'a "History of San Francisco "-President Buchanan Called Upon to Account for the Appro. priations Made for Settling Land Claims-Edwin M. Stanton Sent to San Francisco as Spo- cial Council for the Government-Sutter's Grants-Squatter Troubles in Marysville-Rail- road Lands-Publie Lands-U. S. Land Office of Marysville District-List of Officers-Ro- port of Business Transacted from January 1, 1878, to December 31, 1878.
The Spaniards claimed the lands in California by virtue of discov- ery and first occupation, and, as in the discovery of America, the Aborigines were considered as baving no absolute title or right which could be conveyed by gift or sale. To the early locators, Spain transferred her interest by grants, being lavish in the extent of her donations. In 1822, when Mexico threw off the yoke of Spanish rule and declared herself an independent empire, the right of giving grants was also claimed. At the conclusion of the Mexican war, and after the treaty of Gandalupe Hidalgo had been signed and ratified, early in 1848, the right to public lands in California passed to the United States goverment, with the provision that the then existing titles of private individuals and incorporations should not be dis- turbed, and all grants heretofore derived through the Mexican or Spanish authorities, should be respected. The grants given to these early locaters were for a definite number of leagnes in some valley
4 AS
OREGON HOUSE
HOY7
131
C. L. SMITH & CO. LITH CARLAIL
OREGON HOUSE & RANCH PROPERTY OF G. P. HOUSH. PARKS BAR TP. YUBA CO. CAL'A.
LUI LITRES TY THOMPSONL. WEST
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HISTORY OF YUBA COUNTY CALIFORNIA.
and allowed the grantee to place liis title over any portion of the traet. Little surveying was done, and even that was extremely simple and inaccurate. When the population came rushing in after the discovery of gold, nearly all of the best lands in the State seemed to have been covered by thesc grants, but the Americans did not deem these claims to be wholly valid, and so located at different points, elaining the land aus belonging to the government. Many purchased titles from the ex- isting claimants rather than place themselves in positions to enter long and expensive litigation. The following extraet from the Annals of San Francisco, is au explanation of the troubles whieli beset the land- holders.
SAN FRANCISCO, October 13, 1853.
" The most important decision over given by the Supreme Court of " Chlifornia was announced to-day, in the case of Colas vs. Rosin & "Legris. Previous decisions, both of this and the lower legal tribu- "pnls, had established principles which unsettled the city titles to " nearly every lot of ground within the municipal boundaries, and "mightily encouraged squatterism. By these decisions, one title had « just seemed as good or as bad as another; possession being better " thun any. The alarming consequences of these doctrines forced both «bunch und bar into further inquiries and minnte researches into the " laws, usages and customs of Spanish or Mexican provinces and "towns. The new information thns acquired, was brought to bear "upon the suit above named, where principles were evolved and a "precedent formed of the utmost consequence to the conununity, and " which have nearly settled, though not quite, the ' squatter' ques- "tions. The decision was pronounced hy Judge Heydenfeldt, and was " concurred in by Chief Justice Murray, although upon somewhat dif- "ferent grounds, and Judge Wells. Without entering upon the merits " of the particular case in question, we give the ' conclusions' come " to. These conclusions sustain all alcaldes' grants in the city, no " matter though the alcalde himself had heen illegally appointed and "made a dishonest nse of his power. By this decision-all opposing " precedents having been expressly set aside by the Court-many noto- " riously frauduleut alcalde grants have been legalized; but that seems "a small price to pay for the full assurance of title now given to the "proprietors of the most valuable part of the ground within the " municipal bounds."
The confusion in regard to the ownership of these lands became so extensive, that in March 1851, Congress enacted a law providing for the settlement of the land elaimns. President Fillmore appointed for menibers of the Board, Harry L. Thornton, Angustus Thompson and Alpheus L. Felch, but his Democratie successor deposed them and appointed three others. The Land Commission commenced its sittings
in San Francisco, January 2, 1852, aud received claims till March 3, 1853.
Hittell, in his " History of San Francisco," states the reason for the confirmation of existing titles, and the appointment of the Com- mision to arbitrate on the same.
" Congress passed the Act to settle the land titles in California, in " March, 1851, providing a special tribunal or board of commissioners. " with authority to examine all claims made to land under grant " under Mexico, and confirm all valid grants. The Act made 10 " reference to the promise given by Commodore Sloat in his proclauna- " tion issued on the seventh of July, 1846, when in taking possession " of the country on behalf of the American Government, he declared " that henceforth California would be a portion of the United States, " and as an inducement for accepting cordially, or at least peacenhly. " the change, he assured the people that 'all persons holding titles to " real estate, or in quiet possession of lands under color of right, shall " have those titles guaranteed to them.' This lauguage was doubtless "used under express instructions from the Cabinet; we know thut " Commodore Sloat had heen ordered in 1845, to seize California at the " first outhreak of hostilities, and we may presume that directions " were given to him in regard to what he should say when he made " the seizure. 'Color of right,' is a phrase common in American "jurisprudence, and would not have been adopted except under the "suggestion of a lawyer. Even if Sloat exceeded the authority " conferred by his instructions, that fact could not be known to the " native Californians, and they were justified in believing that he had " full power to make the promise, which thus became a solemn contract " under the law of nations with every one who submitted to the " American authority." The Thity-fourth and Thirty-fifth Congresses having appropriated one hundred and fourteen thousand dollars for legal assistance and other expenditures in settling private land claims in this State, the next Congress requested of President Buchanan, a detailed account of the disposal of this fund. This action caused the general dissemination of the facts regarding the wonderful complexity of land titles, but it was only brought ont after a number of years of investigation and litigation. In February, 1858, Edwin M. Stanton was sent to San Francisco, as special counsel for the Government, in pending law cases. Captain Sutter claimed that he was entitled to thirty-three leagues of land in the Sacramento valley, under two grants; one for eleven leagues, made by Governor Alvarado, in 1841, was adjudged geunine, but the other, which he had obtained from Michel- torena, for twenty-two leagues, covering the sites of Sacramento and Marysville, was not allowed, the Commissioner deciding that the act was done after Micheltorena had been expelled by a revolution, and not being Governor, he could not exercise the powers and functions cf
that office. This decision also atexted the titles of several other grantees in this region. Nye's claim to four leagues on Sacramento river was one of these. It was given under the general permission granted by Micheltoren, after having vucated his office, to Captain Sutter, to issue certificates of title to persons who had previously petitioned for tracts. This general title was decided mull and void by the Supreme Court. This uncertainty regarding the validity of titlex to the land in this vicinity, caused great uneasiness among the locators, which was not lulled until 1865, when Sutter's eleven league grant was confirmed.
In January, 1552, hnsiness being extremely quiet, citizens of Mu rysville turned to other joursuits, and soputting on private and public lands seems to have been the ruge. This fover even attacked some of the city and county officials. The delay attending the action of the Land Conunissioners caused this trouble. February 7, Muyor Miles issued a proclamation amounting that persous were engaged in endlos- ing public property of the city, und admonishing them to desist within forty-eight hours. Below are presented copies of the two grants made to Captain Jolm Sutter.
SUTTER GRANT.
WHEREAS, John Augustus Sutter, u nutivo of the Swiss Republic and naturalized in the Mexican nation, hus solicited, according to the law of Angust 11, 1824, for his personal benefit und that of twelve families, eleven leagues of land on the borders of the River Sarra mento, in the vacant lunds of the northern frontier, in order to colonize and foxter them, for which end he has sufficiently proved, his assiduity, good helmvior, and all other qualities required in these enxes; having already anticipated his increased efforts, his constant firmmess, and his true patriotie zeal in favor of our institutions, having reduced to sub- mission a number of savage Indians over in those frontiers, and this goverment being sufficiently informed that the mentioned land does not belong to the property of any private individual, town or corpoin- tion, and that in consequence thereof it is specified in the nforesaid law, and in conformity with the powers conferred on me in the name of the Mexican nation, I have granted to the said Senor Don Augustus Sutter, by these present letters for him and his settlers, the said land called La Nueva Elvecia (New Elbetia), subject to the approval or disapproval of the Superior Government, and of the Excellent, the De- partment Assembly, nuder the following conditions:
First-He may fence it without injury to the crossings, roads and servitudes, and above all to the navigation of the river.
Second-He shall maintain the native Indians of different tribes on those places in the free enjoyment of their possessions, without troubling them, and he may only reduce them to civilization through prudent measures and a friendly intercourse; he shall not cause them
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HISTORY OF YUBA COUNTY, CALIFORNIA.
hostilities of any kind without previously obtaining authority from the Governor.
Think-The land, of which donation has been made to him, is of the extent of eleven sitios de ganado mayor (eleven square leagues), us exhibited in the sketch annexed in the proceedings, without in- chaling the lunds overflowed by the swelling and currents of the rivers; it is bonmled on the north by los tres picos, (the three sum- mits) in 39 alegrers, 41 minutes, 15 seconds, north Intitude; on the east by the borders of the Rio de los Plummais, ( Feather river); on the south by the parallel of 38 degrees, 19 minutes, 32 secomis, of north Intitude, and on the west by tln: Rio Sacramento.
Fourth - When this property is confirmed nuto him, he shall peti- tion the proper Judge to give him the possession of the Innds, in order that it may be measured ugreenbly to ordinance, the surplus thereof remaining for the benefit of the nation.
Therefore I order that this patent being held us firm and valid, the same be entered in the proper book, and that these proceedings be transmitted to the Excellent, the Departmental Assembly, Juan B. Alvarado, Commandant General of the Department of Californias, orilvient, and sigueil thus, to which I certify.
Montory, June 18, 1841.
TWENTY-TWO LEAGUES.
Mannel Micheltorona, Brigadier General of the Mexican army, Ad- jutant Genoral of the Staff, Governor General in Chief, and Inspector General of the Department of the Californias.
Whorens, Don Juan Auguston Sutter, a Mexican naturalized cit- izon, and his son, John A. Sutter, have soliciteil for the personal brnolit of themselves and family the surplus of land within his ranch, namnod Now Helvetia, as is laid down in the maps which accompany the grant, and the usnul investigation and inquiry in relation thereto required by law and regulations having been satisfied. In virtue of the authority conferred upon me, in the name of the Mexican nation, and for the good conduct and services which the said Sutter has rendered and is rendering at the present time, I have conceded to thom the mentioned hands; declaring in them the ownership thereof by those presents. subject to the approbation of the Assem- blen Departmental, and indler the following conditions :-
First-They may enclose it without interfering with the paths, roads and highways. They shall enjoy it exclusively, and freely appropriating it to tho uses of cultivation which snits their con- venieace.
Second-They can request the proper Juez that he give them lawful possession by virtue of this decree, so that the boundaries may be
defined, at the limits of which there may be placed, beside the land- marks, some fruit trees, or useful kinds of forest trees.
Think-The land of which mention is made consists of twenty-two
grant.
Fourth-The Juez who gives the possession shall have the land surveyed according to law, remaining the surplus that may result at the disposal of the nation.
Therefore, E couunand that these presents, investing the title in them, and holding the same as firm and valid, shall be handed in for record in the proper hook, and shall be delivered to the parties in interest for safe keeping, and other purposes.
Exvented on this orilinary paper, having no stamped paper appro- priate, Santa Barbara, this fifth day of February, eighteen hundred and forty-five.
MANUEL MICHELTORENA.
JUAN CANTANEDA, Secretary of Interior.
RAILROAD LANDS.
The lands of the California and Oregon Division of the Central Pacific Railroad occupy a considerable portion of Ynba and Sutter counties. These were secured under an Act of Congress, approved July 25, 1866, which granted to the company all the vacant odd-num- bered sections within twenty miles on each side of its road. Where these sections are previously occupied by settlers the company can select other vacant odd-numbered sections within thirty miles of the road, as indemnity. A large proportion of the railroad lands in Yuba county are withheld as mineral, but the company have a force at work rapidly " proving off the mineral," and the sections are becoming ready for sale.
PUBLIC LANDS.
The lands of the United States are or have been disposed of in the following way :- First, under the Pre-emption laws; second, under the Homestead laws; third, by public sale, private entry, and scrip loca- tions; fourth, by grants to the State. Of the last class are tbe fol- lowing :--- Grant of the Swamp and Overflowed Lands by the Act of September 28, 1850. Grant of five hundred thousand acres for inter- nal improvements by Act of September 4, 1841. By the Constitution of California the proceeds of this grant were transferred to the School Fund. May 3, 1852, the Legislature, by an Act, carried out this provision, and a law was passed authorizing the sale at two dollars per acre. The proceeds were invested in State bonds at seven per cent. April 3, 1858, the price was reduced to one dollar and a quar- ter per acre. All interest falling due on bonds was placed to the credit of the School Fund. The grant of the sixteenth and thirty-
sixth sections was given to the State for school purposes by Act of March 3, 1853. The grant of seventy-two sections for a sominary of learning, and ten sections for public buildings, was made by Act of March 3, 1853. The grant of one hundred and fifty thousand acres for an Agricultural Collego was made July 2, 1862.
U. S. LAND OFFICE.
Provious to the year 1855, the only United States Land Office in California, was located at Benicia. During that year, by tho authority granted under the act, approvedl in March, 1853, the State was divided into two divisions, the Upper District, with its offico at Marysville, anel the Lower District, with its office at San Francisco, As settlors began pouring in, the location of the offices was found to be too far from the distant parts of the districts, and the business was becoming toe cumbersome. Stockton District was formed, a portion of the land and records boing taken from Marysville, or Upper District, and the remainder from San Francisco, or Lower District. Tho next district formed was Sacramento, which was segregated from Marysvillo and Stockton Dstricts; then followed the setting apart of Humboldt Dis- trict from San Francisco and Marysville Districts; Shasta District in July, 1870, an 1 Susanville Districtin February, 1871, were taken from Marysville District.
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