Pen pictures from the garden of the world, or Santa Clara county, California, Part 14

Author: Foote, Horace S., ed
Publication date: 1888
Publisher: Chicago : The Lewis Pub. Co.
Number of Pages: 844

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There is a sufficient record of this allotment having been made by Moraga at the first location north of the present city, but no record has ever been found of a similar allotment having been made after the site of the pueblo had been removed to its present loca- tion. It is a legitimate presumption that such parti- tion was made, although there is no record evidence. Judge Spencer tells us that in 1852, and even later, there remained landmarks that showed something of the general plan of the location. Among these were, in several places, stumps of hedge-rows forming alleys leading to the Guadaloupe River -- evidently roads used by the women who went to the creek to wash. He says that at that time, and until the willows and other vegetation was destroyed, the Guadaloupe was a peren- nial stream, supplied in the summer-time from the springs in the lower ground south of town, while from the Guadaloupe were the remains, tolerably de- fined, of ditches leading into the Canoas Creek. This word "canoas," besides meaning " canoe," also signi- fies a "trough;" and it was probably for this latter meaning that the Mexicans applied it to this stream, as they evidently used it for the purpose of conveying water to their suertes, or planting lands.

There were also remains of branch ditches, or acequias. One went out and crossed the plaza near the site of the new City Hall, and continued on, crossing First Street near San Fernando, as if to irri- gate the land sloping to the north and east. Another one was a little west of Market Street, crossing Santa Clara Street diagonally, going through the grounds now occupied by the Sisters of Notre Dame, and con- tinuing to the present site of Hotel Vendome ; from

this was irrigated the lands between it and the Guad- aloupe River, which it paralleled. In one of the suits regarding the land claimed as suertes, old Pedro Chaboya and other old Mexican witnesses testified that all the alkali ground in the northeast portion of the city was, in very early days, fine land for crops ; but the Coyote River having overflowed its banks and rushed down across the country, the soil was washed off, and when the water receded or evapo- rated it was transformed into an alkali sink.

It seems that there must have been suertes in the vicinity of where these acequias ran; but whether they were granted with actual title, or only for temporary use, there is no evidence. It was most probably the latter; or, if actual title was granted, the suertes were abandoned. This conclusion is reached from the fact that years ago the oldest inhabitant could not remem- ber the location, and also from the custom of the Mexicans, in those primitive days, of using as little labor as possible in growing their crops. Where the soil was refractory they were unable, with their rude implements, to get it into proper condition for plant- ing. When the land became too hard to work easily they would abandon it and go somewhere else. It was their custom to scout the foot-hills for places where the winter rains had washed down the rich surface soil from the mountains, and here they would repair with their families in early spring. Having built their remadas, or brush houses, they would plant the soft, rich beds with corn, beans, Chilis, melons, etc., and watch them during the summer, herding off the wild cattle that roamed in droves over the plains. As the crops matured they would gather them, hang- ing the Chilis on long strings, like beads; the corn would be husked, and the husks saved as wrappers for cigarettes and tomales. It was feast-time with them when the melons were ripe, and fandangoes fol- lowed each other in rapid succession. When the crops were all gathered the family would return to the pueblo, and the following spring renew their prepara- tions for their little crops, or milpitas, as they called them. The margin of the hills northeast of San Jose abounded in these rich, mellow spots, and from this was derived the name given to the Milpitas rancho and town. We have re-cited this custom only for the purpose of strengthening the presumption that the title to the suertes-to the east of Market Street was but temporary, and had lapsed or been abandoned long prior to the American occupation. Knowing the easy-going, indolent nature of the people, and that the character of the soil in the immediate vicinity

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of the pueblo renders it particularly difficult to work after a few years' irrigation, it is not forcing a conclu- sion to suppose that they should abandon a field on which their rude implements could make no impres- sion, for the more fertile and tractable ground at the foot of the mountains and elsewhere.

But with the Americans came the land speculators, and, as the pueblo grew in importance and its lands in value, suits were inaugurated to obtain possession of some of the most valuable portions of the city under the suerte title. None of them, however, were successful, but they formed a chapter of the most im- portant and sharpest litigation of the county. There being no record of the original allotment of suertes, their existence could only be proved by parol testi- mony, and for this purpose the "oldest inhabitant" was in constant demand. The few old landmarks which we have mentioned were marshaled with all the dignity due their antiquity, but neither these nor the imperfect family traditions of the oldest poblanos were sufficient to warrant a judgment in favor of the claimants.

SETTLERS' WAR.

The methods used by the Mexicans to measure and mark out the boundaries of their grants were very crude, and resulted in much inaccuracy. Many of them, when surveyed out by the United States, shrank or expanded their dimensions to the extent of many hundreds of acres. Persons who had settled on what was thought to be government land would, after some years of labor, find themselves included within the boundaries of a neighboring grant, and would be compelled to lose their homes or purchase them again of another owner. Some persons were com- pelled to purchase their farms several times before their title became assured. This caused great dissat- isfaction among the settlers, and societies were formed to meet adverse claimants, with force if necessary, to prevent eviction.

These societies, though very determined in the ex- pression of their rights, generally avoided violent measures. In fact, with one exception, they confined their efforts to the raising of funds for the purpose of defending their claims in the courts. The exception referred to occurred in 1861, and is thus recorded by Mr. Hall : " The greatest excitement and demonstra- tion that was ever exhibited in this county upon the question of land titles took place this year. The grant of Antonio Chabolla for the tract of land known as the Yerba Buena Rancho, lying east or

southeast of the town, had been confirmed to the claimants thereof under the Chabolla title by the United States courts. There were many settlers of the land, some of whom had occupied the same for quite a lengthy period under the belief that it was public land. They seemed to be of opinion that the grant was a fraudulent one, notwithstanding the fact that the land had been patented by the United States in accordance with the decree of confirmation. The advice which had been given the settlers was evi- dently not that kind which had a tendency to better them, or to cause them to view the matter in the proper light. They were induced to expend money in the way of lawyers' fees that was as useless as throwing money in the sea. The government had conveyed, in fee simple, the land to the claimants, and no party but the United States could move to set aside that patent upon the ground of fraud or any other ground. Suits in ejectment had been instituted against some of the settlers on said land, and judg- ments rendered against them for possession of certain tracts in the third judicial district of this State, in and for the county of Santa Clara. Wm. Matthews, Esq., of counsel for plaintiff in those cases, caused writs of execution for possession to be issued to the sheriff of the county, that the plaintiff might have possession in accordance with his judgments.

" The sheriff summoned a posse of six hundred men to meet him at the court-house, to go with and to aid him in executing the writ. When the posse as- sembled at the court-house they were asked if they were armed, to which they replied in the negative; and being asked if they would arm themselves, like- wise replied in the negative. As the posse would render no assistance, they were dismissed by the sheriff. About one o'clock P. M. about a thousand settlers paraded through the town, some on horses, some in wagons, some on foot, and nearly all armed. They had one small cannon. All of the settlers' leagues of the county and some from adjoining counties were said to have been present. Toward the close of the day they went to their respective homes without doing any damage, save that of dis- obeying the writ." When the excitement cooled off, better councils prevailed, and the differences were settled peaceably.

SURVEY OF THE CITY OF SAN JOSE-FIVE-HUNDRED- ACRE LOTS.

Until 1847 there had not been much certainty as to the location of, or titles to, lots in the pueblo or

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town of San Jose. It seemed to have been taken for granted that the laws regulating the establishment of Mexican towns had been complied with, and that those in possession had valid titles. Whether the title was good or not, seemed to be a matter of little consequence under the then existing condition of affairs. There were no regularly laid-out streets. The center of the town was the juzgado, or the plaza, and the houses were scattered north and south on irregular lines, with roadway between. This roadway is now Market Street. After the defeat of Sanchez at the battle of Santa Clara, and the certainty that the arms of the United States would be victorious in Mexico, the foreigners became impressed with the conviction that Alta California would be ceded to the victors and a permanent government established. Viewed in this light, the solares and the suertes of the pueblo became of more importance, and an attempt was made to settle the question of their ownership. There was a well-authenticated record of the distri- bution of lots by Lieutenant Moraga, at the first location of the pueblo north of town; but if any distribution had been made when the pueblo was relocated, there was no record showing it.

Early in 1847 the ayuntamiento and Alcalde directed Mr. William Campbell to survey out a plat of land a mile square, to be laid out in building lots. This, assisted by his brother Thomas, he did, the tract so surveyed lying between the following boundaries : On the north by Julian Street, on the east by Eighth Street, south by Reed Street, and west by Market. This tract was intended to exclude all questions of title arising from suerte claims. Mr. John Burton, who was then Alcalde, and had resided here twenty years, stated that the result of his investigation was that no suerte claims extended farther south than Julian, except the Gongora claim, or further east than Market Street. This is the original plat of San Jose, and from this survey may be dated the existence of the city. The streets were located through this tract, making nine blocks from Julian to Reed, and eight blocks from Market to Eighth. The exact course of the streets running north and south was N. 45° west, magnetic variation 15° 22" east. The length of these streets was five thousand six hundred and seven feet. The cross streets were laid out at right angles to these.

The survey having been completed and a map filed, the Alcalde gave notice to all persons claiming land within the limits of this survey, to present them to him for investigation, and, if found valid, he would

issue them a new title. Burton, who was no lawyer, seemed to possess a remarkably level head. Notwith- standing persistent litigation on the part of contesting claimants, all the Alcalde grants under the Campbell survey have been held by the Supreme Court to be valid. In Campbell's survey four blocks were re- served for a public square. This was named Wash- ington Square, and is the present location of the State Normal School.

The town having thus been located, its limits and the boundaries of its blocks and lots defined, the set- tlers from the States resolved to secure a partition of the outside lands belonging to the pueblo. A meeting was called, the proposition to make the survey into lots of five hundred acres each was adopted, and J. D. Hutton appointed to make the survey. This was done in July of the same year. The lots were numbered consecutively, and corresponding numbers placed in a hat, of which each head of a family was permitted to draw one, entitling him to choose a lot, his choice being in the order of the numbers drawn, i. e., the person drawing number one was entitled to first choice, and so on. After the drawing the Alcalde gave to each party a certificate of title. These Al- calde titles to the five-hundred-acre lots were after- ward declared invalid by the Supreme Court.

In May, 1848, another survey of the town plot was made, this time by C. S. Lyman. He was a practical surveyor and possessed all the necessary implements for practical work. By this survey the limits were extended eastwardly to Eleventh Street. He en- larged Washington Square to its present dimensions, eleven hundred and sixty feet by one thousand and five feet. He laid out St. James Square, which is six hundred and ten by five hundred and fifty feet. Market Square, the site of the new City Hall, he fixed at eleven hundred and sixty by two hundred and fifty-nine feet. Market, Santa Clara, and Fifth Streets were made one hundred feet wide; all the streets running north and south, except Fifth, were made eighty feet wide. The system adopted in this survey is the one now in use. San Fernando Street is the base line and the ranges are counted easterly from Market Street. Other surveys have been made as additional territory was taken into the city limits, but as these are of comparatively recent date and are fully shown by maps and plots in the city archives, a description is unnecessary in these pages.

The tract of land lying west of Market Street and along the Guadaloupe River, was used for cultivation, and was not surveyed into town lots for several years

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after California was admitted into the Union. It was held as suertes, and was watered by an acequia, or ditch, leading from the Arroyo Tulares, or Canoas Creek, south of town. This ditch, which has been previously described, furnished water to the people for some time after California became a State; but gradually the foreigners acquired this land from the Mexican grantees and streets were opened from time to time, as the population increased. This fact will explain the difference in the system of numbering and naming as well as of the peculiarities of location and construction of the streets in this locality.

BENCH AND BAR.

The Mexican laws provided for a judicial system composed of what were called Courts of the First, Second, and Third Instance. The first was an inferior · tribunal, and it was provided that there should be one at each chief town in the district. The second heard appeals from the first, and had also original jurisdiction in certain cases. The third was exclusively an ap- pellate court. Courts of Second and Third Instance, which were to sit only at the capital of the depart- ment, were never organized in the territory of Cali- fornia, and Courts of First Instance had no existence until after the American occupation, the first judges being appointed in 1849 by the American authorities. Prior to that time justice was administered in San Jose by Alcaldes. The first American Alcalde was James Stokes, who was appointed by Captain Fallon when he deposed Dolores Pacheco, as is elsewhere related in these pages. He was succeeded by John Burton, who came to the pueblo about 1830. All kinds of disputes were brought before him for settlement. The written law was meager, but that made no difference. Anyone who had a grievance took it to the Alcalde, who, after investigation, applied the general principles of justice, irrespective of law.

In December, 1846, Burton concluded that he would divide his labors and responsibilities, and, accordingly, appointed a committee of twelve to assist him in his work. The persons selected were: Antonio Suñol, Dolores Pacheco, José Fernandez, José Noriega, Felix Buelna, Salvador Castro, William Fisher, Isaac Bran- ham, Grove C. Cook, Mr. White, Captain Hanks, and Guillermo Weekes. These gentlemen administered justice for some time, and their decisions were as im- plicitly obeyed as though they were a legally consti- tuted tribunal. The Court of the First Instance was organized in 1849, and held its last session March 30, 1850, when the County and District Courts were or-

ganized. The practice in the Court of the First In- stance, and, in fact, for some time afterward, was what might be called conglomerate.

There was no code of laws and no fixed penalties. The lawyers were from different States, as were the few law books that were in existence. On the trial of a case, one lawyer would insist on its being considered in the light of the statutes of Pennsylvania, while his opponent would quote the New York code as the rule which should govern. There were as many different penalties for crime as there were States represented in the law library of the pueblo. All this would have had a tendency to confuse the court if he had not had the good sense to reject all authorities and prec- edents and use his own self-made law. Primitive as the practice of the law was at that time, the adminis- tration of justice seems to have been generally satis- factory This cheerful acquiescence in the decisions of Alcaldes and judges of First Instance might be due to the fact that there was no appeal.

The first judge of the County Court was John W. Redmon, a man whose vagaries will be remembered as long as the " oldest inhabitant " survives. He came from Missouri, had been a physician, and claimed to have been present at the battle of New Orleans, where he lost his foot. He was of a crabbed disposition, rough in his language, and not inclined to soften his remarks when expressing his opinions of members of the Bar. He was once asked by the Bar to resign, but refused in language more expressive than elegant. He held the office until 1853, when he resigned, and E. C. Allen was appointed for the unexpired term. R. B. Buckner was chosen at the ensuing election, and sat on the bench for four years. The administra- tions of Judges Allen and Buckner were in great con- trast to that of Judge Redmon, and the attorneys ex- perienced great relief when they realized that they could address the court without being greeted from the bench with some sarcastic remark bordering on insult. After Judge Buckner the judges of the County Court were as follows : John H. Moore, from 1857 to 1861 ; Isaac N. Senter, from 1861 to 1867 ; Lawrence Archer, from 1867 to July, 1871, when he resigned to accept the Democratic nomination for Congress; R. I. Barnett, appointed for the unexpired term of Judge Archer; D. S. Payne, from 1871 to 1879. He was the last County Judge, the judiciary system having been re- modeled by the new Constitution of the State. The Court of Sessions was an adjunct to the County Court, having jurisdiction in criminal cases, except murder, manslaughter, and arson. It was presided over by the

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County Judge, who called to his assistance two jus- tices of the peace, who were selected by lot from among those elected for the different townships. This Court also had jurisdiction of county affairs, perform- ing the duties now devolving upon the Board of Su- pervisors. The Court of Sessions passed out of ex- istence in 1855. In the organization of the District Court the Third Judicial District was composed of the counties of Contra Costa, Alameda, Santa Clara, Santa Cruz, and Monterey, including the present county of San Benito. John H. Watson, for whom the town of Watsonville was afterwards named, was the first judge. The first term of the District Court was opened on the twenty-second day of April, 1850. The first case tried was an action for foreclosure of mortgage given to secure the payment of a promissory note for $5,000, with interest at eight per cent per month! The first indictment found in the county was against Juan Higuera alias Toreto, and charged the defend- ant with grand larceny in taking a horse belonging to Joseph W. McClelland. This indictment was after- wards quashed on motion of the district attorney.

The first grand jury was composed of the follow- ing-named persons : Chas. White, foreman, James F. Reed, William Campbell, David Dickey, William Higgins, Geo. W. Bellamy, Jeptha Osborn, J. W. McClelland, Arthur Shearer, C. Campbell, Lewis Cory, W. G. Banden, James Murphy, R. M. May, Jas. Appleton, Carolan Matthews, F. Lightston, W. Hoover, C. Clayton, J. D. Curd.

The following is a list of the names, as far as they can be ascertained, of the members of the early Bar of Santa Clara County; among them are many who have achieved State and national reputation: A. C. Campbell, E. D. Baker, Rufus A. Lockwood, Edmund Randolph, Geo. B. Tingley, James M. Jones, A. J. Yates, C. T. Ryland, Simeon K. Gibson, John H. Moore, R. B. Buckner, Wm. T. Wallace, Lawrence Archer, F. H. Sandford, R. P. Clement, Wm. M. Staf- ford, W. T. Gough, P. O. Minor, Julian Smart, Craven P. Hester, J. M. Williams, F. S. Mckinney, J. Alex. Yoell, E. O. Crosby, H. M. Van Voorhies, O. H. Allen, Frederic Hall, Wm. B. Almond, A. Redmon, A. L. Rhodes, Wm. H. Ramsey, Wm. Matthews, D. P. Belknap, Thomas White, H. P. Hastings, F. B. Murdock, James White, Jos. R. Gitchell, Azariah Martin, Chas. M. Fox, R. A. Jones, Frs. E. Spencer, S. O. Houghton, J. A. Moultrie, C. B. Yamgh, Alfred Cowles.

The first court-house was the old juzgado, front- ing the plaza, which at that time extended north, to or

beyond First Street. It was not well adapted to the purpose, and in 1850 the court was removed to a two- story adobe building on the west side of First Street, about opposite Fountain Alley. It occupied this building until the latter part of 1851, when it was for a short time held in the Bella Union Building, on Santa Clara Street. From there it went to the State House Building, near the corner of Market and San Antonio Streets, where it remained until that building was burned down. It then went into temporary quar- ters at the City Hall, then located on Lightston Street, between El Dorado and Santa Clara; in the mean- time the county purchased a lot at the southeast corner of Second and Santa Clara Streets, and the buildings were fitted up to accommodate the county offices and courts. Here the department of justice rested until 1868, when it went into temporary quarters in the Murphy Block, at the southeast corner of Market and Santa Clara Streets. Its stay here was only for a few weeks, for in the same year the present court- house was completed and ready for occupancy.

The District Bench was occupied by Judge Watson until 1851, when he was succeeded by Craven P. Hester, who presided until 1859. He was succeeded by Sam Bell McKee. The Legislature of 1871-72 created a new judicial district, which was called the Twentieth, and composed of the counties of Santa Clara, Santa Cruz, and Monterey. Hon. David Belden was appointed judge of the new district, to fill the bench until the ensuing election. He was then elected and presided over the court until the reorgani- zation of the judicial system and establishment of our present Superior Courts in 1880. Under the new sys- tem, Santa Clara County was allowed two judges, and at the election held in 1879 David Belden and Francis E. Spencer were chosen. The great learning and sound reasoning of these jurists gave the bench of Santa Clara County a reputation second to none in the Union. Many times have these learned judges been called upon to preside at trials of important cases elsewhere, and hardly ever is the calendar called that it does not disclose some suit of magnitude sent to them for adjudication from other counties. On the opening of the Superior Court in 1880 a division of the business was made and the rule then adopted has been adhered to ever since. The court was di- vided into two departments, Judge Belden taking Department I, and Judge Spencer Department 2. All criminal business was assigned to Department I, and all probate and insolvency business to Department 2. The other cases were distributed alternately in

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Pen pictures from the garden of the world, or Santa Clara county, California, Part 14

Author: Foote, Horace S., ed Publication date: 1888 Publisher: Chicago : The Lewis Pub. Co. Number of Pages: 844

Author: Foote, Horace S., ed
Publication date: 1888
Publisher: Chicago : The Lewis Pub. Co.
Number of Pages: 844