USA > California > Alameda County > The centennial year book of Alameda County, California : containing a summary of the discovery and settlement of California, a description of the Contra Costa under Spanish, Mexican, and American rule, biographical sketches of prominent pioneers and public men > Part 41
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The sons were named José Domingo, Vincente, Antonio Maria and Ygnacio. To José Domingo he allotted the most northerly quarter, on which now sits the University Town of Berkeley ; to Vincente he gave the quarter next adjoining, where has grown up the Village of Temescal and the City of Oakland-the most valuable real estate gift ever bestowed by a private citizen upon a son ; the next quarter fell to the lot of Antonio Maria, and embraced the ground occupied by Alameda, Brooklyn, Fruit Vale and Melrose. The last quarter constituted the most southerly, and took in the locations of Damon's Landing, Fitchburg and Seminary Park. Al- though this latter quarter was the first chosen for the brothers to reside upon, it has proved the least important.
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OAKLAND CITY AND TOWNSHIP.
There were two encinals, or oak-grove peninsulas, on this vast estate : that forming the original site of Oakland, which was known as the Encinal de Temescal ; and that of Alameda, which was called the Encinal de San Antonio.
Each brother built himself a house, took there his wife, and reared his children, and the whole four rejoiced in large herds of cattle. José Domingo resided on the northerly side of his estate, and had for many years only his neighbor Castro on the north, and his brother Vincente on the south. Vincente resided a short distance north of Temescal ; Antonio Maria, near Fruit Vale ; and Ygnacio, near San Leandro.
Space will not permit a description of the mode of life followed by those pioneers and patriarchs of our county, nor any philosophizing on the possibilities of the wealth and honor that awaited them, could they but properly realize the present or anticipate the future. Vincente, especially, held in his hands not only the most eligible, but also the most beautiful, of town sites. Delightful vistas, lovely slopes, beautiful groves, pleasant hill-sides, a rich soil, abundant water and an inviting landscape, formed portions of the attractions presented by this Pacific Eden. Until the year 1850, but the bellowing of the Spanish bull and the tramp of wild cattle disturbed the silence of those beauteous solitudes. Besides these four men and their families, together with a few retainers, there were no other inhabitants between Berkeley and San Leandro.
The first American of whom the writer has any knowledge, who visited this locality, was Mr. Thos. Eagar, of Brooklyn. As early as 1846 he explored the eastern shore of the bay, from San Leandro to Antioch. Mr. McPherson, who, in the character of a literary tramp, has visited and described nearly every portion of the State, visited the Peralta, Estudillo and Castro Ranchos in 1848.
Col. Henry S. Fitch, of San Francisco, was by chance an early visitor to Oakland, and the first man who, with that quick percep- tion and characteristic shrewdness which distinguishes the live Yankee, saw a magnificent real estate speculation in it. He pro- ceeded at once to anticipate Carpentier and others, and endeavored to secure it. This is his narrative :
NARRATIVE OF THE MAN WHO WANTED TO BUY OAKLAND.
Early in 1850 Col. Henry S. Fitch, with four other persons, started in a small sail-boat with the intention of going to what was
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HISTORY OF ALAMEDA COUNTY.
then called " Corte Madera," in Marin County. Each passenger in this little boat agreed to pay an ounce a day for the accommodation, until the return of the craft to San Francisco.
Whether, from want of skill in navigation, adverse winds and tides, or a mercenary motive of the owner and sailor in charge, is not definitely determined ; but the result of the first day's effort brought the boat and passengers into what is now called San Antonio creek. Here the craft was made fast to a post driven into the sand-beach, about or near to the foot of Broadway ; and the party, with a scarcity of provisions, of blankets, and an extremely limited com- missariat, encamped and lodged for the night under an oak tree near by.
Weary as were these men, the attractions of the locality induced them to reconnoitre the immediate surroundings, and Col. Fitch, who had supposed before that the mountains came close down to the bay, from a delusive survey of it from San Francisco, was amazed to find a plateau extending from the mountains towards San Francisco, a distance of several miles, and a large portion of which was covered with a growth of beautiful oak trees- so justly the pride of Oakland for these many years. He returned to camp with a vivid perception of the advantages of his discovery.
He saw what he supposed to be a river, passing along the margin of this beautiful spot. He knew not how far into the interior it ran. He knew that it emptied into the great bay, immediately opposite to San Francisco ; that its waters were evidently navigable for a large class of vessels ; that it possessed great natural advantages for the building of a city in the coming time. Weary as he was, he spent a sleepless night. The possibilities that might be wrought upon that beautiful spot, so near to the great city ; the perfectly land-locked harbor ; in the natural grade and magnificent lay of the land ; the undulating hills beyond, altogether formed a theme of such intense interest, and kindled in his mind such enthusiasm as banished sleep from his eyelids.
The day following he succeeded in reaching San Francisco. He had discovered something better than "Corte Madera" and shingle- splitting. In a few days he secured an interpreter, and together they proceeded to find the owner or claimant of the beautiful oak grove. Peralta, the owner, was found, the object of the visit made known, and finally the privilege of purchasing about 2,400 acres, bounded by San Antonio creek-what is now known as Lake Merritt -- and a line from upper end of Lake Merritt to the nearest tide land in a
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OAKLAND CITY AND TOWNSHIP.
westerly direction, was agreed upon, $8,000 to be paid within fifteen days. A verbal agreement to convey on the part of Peralta (who could not be induced to sign a paper written in English), was obtained. He gave his word of honor that on payment of the sum before fifteen days, he would make to said Fitch a deed for the property. Col. Fitch returned to the city, and without waste of time set about raising the money. He applied to several who had money, proposing that they take a deed and pay for the property, and give to him (who had embarked in the real-estate auction business) one- half of the sum that could be made on the property within three years. At last, and near the limit of his time, he persuaded Col. Whitney, of San Francisco, to take the requisite sum of money with him, go and see the property, and obtain the deed.
An interpreter accompanied these two military gentlemen to the property. Exclamations of delight were frequent from Col. Whit- ney as the party entered the "San Antonio," and as the view of the scenery, the situation and surroundings met his gaze.
On arriving at the point of debarkation they discovered a small shanty, about 7x10, roughly made and seemingly constructed to ful- fill the double use of a place to sleep and a sereen for some hunting Nimrod.
Inquiry was made at the cabin. The occupant stated that he had constructed it for his own occupation-knew nothing about who owned the land-and stated that if it belonged to any rancher he would buy what he wanted, if for sale, or go from it when he was obliged to.
That hunter's cabin did the job for Col. Fitch. Col. Whitney began to show signs of weakness. Doubts were raised as to there being any title to the property. Troubles with squatters marvelously multiplied in his mind, and the apprehension of finally losing his money weighed heavily upon his soul.
Six times the trio stopped upon the trail, Col. Whitney demurring to the chances of the speculation, and setting up the obstacles to be encountered. Six times Col. Fitch met his doubtful propositions, and (as he says) with an eloquence of appeal more argumentative, touch- ing and persuasive than he ever made to mortal woman, did he, one after the other of their stoppings, set their footsteps onward toward the house of Peralta.
At last the old adobe was in sight, a half mile away. Col. Whit- ney, looking up, saw it, and halted with the determined set-back of a
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baulky mule. Has the reader ever contemplated the awful signi- ficance-the mighty omnipotence of the number seven ? Has he observed that its first occurrence is proverbially fatal, whilst its after multiplication, to the end of seven times seven, becomes the sign of blessing and good fortune ?
No? Well, look to it.
There is a limit to human logic. It is not every man that ranks six in a scale of seven. These two men stood for a moment and silently glared at each other.
At last Col. T. said to Col. W. : "I have no more argument and no more persuasion to offer. I have covered this trail like a sand- drift with utterances of the faith that is in me ; and, I have only to add, that you will die tearing your hair for the mistake of your life this day made. And Col. F. took the lead and kept it, followed by Col. W. and the interpreter, until the boat was reached ; and neither exchanged a word with the other during the passage home. We may say, in closing this brief sketch, that we have ascertained that the vehement prediction of Col. Fitch was literally fulfilled-Col. Whit- ney dying, some years afterwards, in an insane rage over this lost opportunity, and " What might have been."
How Col. Fitch endeavored to compensate himself for his loss, by endeavoring subsequently to purchase Alameda, will appear hereafter.
The first actual settlement made on the site of the City of Oak- land, was in that portion of it heretofore known as Clinton. About the time (Feb. 28, 1850,) that Col. Fitch was endeavoring to secure possession of the Oak Grove Encinal, three brothers named Patten- Robert F., William and Edward-natives of the State of Maine, crossed the Bay, from San Francisco, in a row-boat, pulled up the slough and landed near by where the Twelfth-street bridge now crosses, on the East Oakland side. There was then not a solitary man in all Oakland that they could find, excepting Moses Chase, whom they found sick in a gunning tent. Whether this was the man who had discouraged Col. Whitney, and blasted the prospects of Col. Fitch, the author has not ascertained. At any rate, Mr. Chase (who is now alive and well) expressed to the new visitors a desire to return home, but, upon being invited by the Pattens to join them, he concluded to do so, and he has continued ever since to reside in his new-found home in East Oakland.
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OAKLAND CITY AND TOWNSHIP.
The Pattens prospected around the place; they ascended the mount- ains and viewed the valley, and saw that it was of surpassing loveli- ness. They visited the Redwoods beyond San Antonio, and to their astonishment and satisfaction found that civilization had there pre- ceded them. They found lumber already made, but no one in charge of it or making a claim to ownership. They took what they wanted of shingles and scantling, holding themselves prepared to pay for them when the owner became known to them. On their return to Clinton they found at San Antonio a Frenchman, who was running a dairy, and through this man they opened negotiations with Antonio Maria Peralta to purchase or lease a portion of his land. They secured the possession of 150 acres in this way, on one year's lease, and com- menced farming. The next year they got a lease covering between 300 and 400 acres, which land they fenced in on one side with posts and redwood rails. Their line ran a little back of the residence of John Watson, and extended east to the residence of John Carey. On every other side the land was bounded by water. Soon after they got their second lease, a man named Strode, a San Francisco lawyer, came over to secure land to lay out a town, and a proposition having been made to the Pattens to join in the enterprise, they did so, and a company was formed consisting of the Pattens and Chase, and the members of the law firm of Jones, Tompkins & Strode, and the town of Clinton was started.
During the summer of the same year, 1850, the notorious firm of Moon, Carpentier & Adams appeared upon the scene, in Oakland. They squatted upon the land, and built a small house at the foot of Broadway. They sought not out Signor Peralta, the rightful owner of the soil, to purchase or lease his acres, but set him boldly at defi- ance, relying upon other means than those usually dictated by a sense of right and justice, to maintain possession and grab all that they could. Moon and Carpentier were lawyers ; the latter, at least, was well versed in all the devions ways of chicanery and legal trickery, and being altogether free from the slightest trace of honest conviction or the merest scruple of conscience, at once entered upon a career of fraud and villainy that has no parallel in the annals of our State. Carpentier and his companions boldly assumed that the ground was government land, and immediately parceled it out among themselves. The State was then in its infancy, the Courts were not organized, and justice was tardy.
Other squatters soon followed. Lying so near the great city, that
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HISTORY OF ALAMEDA COUNTY.
was springing up on the opposite side of the bay, and possessing such a delightful aspect, soil and climate, it is no wonder that once the example was set and the way broken that many followed. The place was soon overrun and the lawful owners hemmed in and surrounded on every side by trespassers. Indeed, the stories of what they suf- fered would scarcely be believed. On one occasion one of these own- ers cut down a tree whose branches overhung the very house in which he had lived for years. A squatter, or "jumper," as he was then called, sued him for trespass, for cutting down his own tree, got judg- ment, and took in execution the only old carriage he had to take his family to church on Sundays ! The squatters would not even allow them the Government allowance of 160 acres each, and barely were able to hold their actual homesteads, with land enough around them to support a few sheep, all that they dare retain. The thousands of cattle belonging to Peralta that roamed among the oaks and fed upon the plains were stolen and killed; the timber that had become a valuable source of revenue, was cnt and carried off, and all kinds of depredations practiced.
Peralta at first got a writ of ejectment, from the County Court at Martinez, against Moon, Carpentier & Adams, and a posse of men, under Deputy Sheriff Kelly, was sent to eject them. The men were well armed and mounted, and were accompanied by Dr. Hiram McCoy Smith, now of Livermore, as surgeon, under the belief that blood would be shed and bodily injury done. Kelly was a man of experience in border warfare, having been one of Col. Jack Hays' noted Texan Rangers. The account of this famous expedition was given the author by Dr. Smith, and is a sufficiently interesting episode in our early history to publish. It consisted of ten or twelve men. On arriving at Vincente Peralta's residence, it was joined by a rein- forcement of native Californians, the friends and retainers of the rightful owner of the soil. Before proceeding to assault the 16x12 shanty of the trespassers, situated near the landing, the Sheriff's party were hospitably entertained by the Californian, ou whose errand they had come. They were treated to tortillas and roast beef, and beans, then the usual diet of the natives. Peralta's reinforce- ment consisted of about forty mounted men, who wore the usual pic- turesque Mexican costume of leather breeches, buttoned down the sides, broad sombreros and bright-colored sashes around their waists.
The distance from Peralta's residence to the first house in the oak grove encinal, was about three and a quarter miles. When the line
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OAKLAND CITY AND TOWNSHIP.
of march was taken up, fifty doughty warriors formed in double file, Peralta riding alongside of Kelly, and his native forces bringing up the rear. Arrived at the shanty, they found Moon alone in posses- sion. The Deputy Sheriff informed him of the object of his visit, for which, no doubt, he was well prepared. Kelly said his party professed to be gentlemen, but must perform what was a disagreeable but necessary duty. Moon listened quietly to the complaint, was calm and complacent, and affected great astonishment at the proceed- ing. He protested there was nothing further from his intentions, and of his associates, than to do Don Peralta, who he affected to esteem highly, any injury. Anything they could do to satisfy Peralta would be done, and such a display of force and authority he considered altogether unnecessary.
Peralta complained of the many wrongs he was enduring, and said it was absolutely necessary for his protection that trespassers of all kinds should be punished, and these gentlemen, he declared, had shown no regard for the safety of his property or the possession of his rights. After some further palaver, in which Moon displayed the smoothness of his tongue and the wilyness of his way, the party that came so fully armed were completely disarmed by the innocent man- ner and abundant promises of Moon. Stratagem was better than battle, and perfidy won the day. A lease was agreed upon for a certain number of acres of land, on certain conditions.
The writer has been informed, by a friend of Carpentier & Co., that at the very time Mr. Moon was talking so smoothly and ap- peared so reasonable, a party of armed ruffians, headed by the notorious Billy Mulligan, was in ambush close by, ready to contest possession, if needs be.
The squatters soon assumed the attitude of owners, and proceeded to lay out a town. Carpentier, at this time, had a friend in David C. Broderick, through whose influence he obtained the position of Enrolling Clerk of the Senate, which enabled him to advance various schemes, among others the incorporation of the Town of Oakland, which took place in 1852. The first Board of Trustees consisted of A. W. Burrell, A. J. Moon, Edson Adams, A. Marrier, and H. W. Carpentier. The latter, however, did not qualify. Belonging to the town was about 10,000 acres of overflowed land known as the water front. In consideration of building a small school-house, and erect- ing a wharf, the whole of this magnificent property was bartered away to Carpentier by his associates. It is only right to mention,
29
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HISTORY OF ALAMEDA COUNTY.
however, that the incorporation of the town was an act unknown to the rest of the squatters, who woke up one morning to find that such an act had been passed. The Governor (Bigler) was warned not to sign the bill, and he at first refused to do so ; but like many other functionaries, arguments more convincing than words were found to prevail with him, and he changed his mind in the matter.
Marrier was President of the Board of Town Trustees, and at first refused to sign the deed. Carpentier told him that he only wanted to hold the land in trust for the town, so that a succeeding Board could not make another disposition.
It is to be remembered that all this time not an individual, any more than the sham town government, had a right to a single acre of the land. Other parties were negotiating with the rightful owner for the purchase of it, and in case they succeeded, the whole plot might be broken up. This was the argument used by Carpentier to Marrier, when he finally consented to sign the deed, the former sol- emily promising him that he would deed back the property to the town so soon as all danger was passed. Of course he never did it. Marrier, who died years ago, left an affidavit, solemnly affirming to this effect. The parties who were negotiating for the purchase of the property, then in possession of the squatters, from its rightful owner, Vincente Peralta, were John Clar, B. de la Barra, J. R. Irv- ing, Col. John C. Hays, John Caperton, and Jacob A. Cost, who, on the 3d day of March, 1852, had deeded to them the property by Per- alta and wife. The consideration for this valuable property was the sum of $10,000. The contract was first made with John Clar, and the others became interested with him. On the 15th day of August, 1853, a deed of partition was executed, setting off their respective portions to each, and also making an equal division of the town plot, as before surveyed by Kellersberger.
On the Ist of August, 1853, Vincente Peralta and wife conveyed to R. P. Hammond, Jno. C. Hays, John Caperton and Lucien Her- mann, all the land known by the name of "Temescal," or the remainder of Vincente's land, in the township, excepting a tract of 700 acres, about two miles from Oakland, on both sides of Telegraph avenue, reserved for a homestead, and afterwards known as the Vincente Peralta Reserve, and a small tract at the mouth of the Cañada de la Yndita. The consideration for this transfer was $100,- 000. About the same time, José Domingo Peralta, on the north, sold to Hall McAllister, R. P. Hammond, Lucien Hermann and
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Joseph K. Irving, for a consideration of $82,000, his portion of the rancho, excepting about 300 acres, which he reserved for his own use.
In the year 1853 Julius Kellersberger surveyed all that portion of the city lying south of the south line of Fourteenth street, and east of a line running parallel with and distant 300 feet westerly from West street, dividing the property into blocks of the uniform size of 200 x 300 feet, with streets 80 feet wide, excepting only Main street, now known as Broadway, which is 110 feet wide. There were reserved six blocks of land for public squares. The streets were subsequently extended, some north and others west, at right angles with each other, from the high tide line of San Antonio creek ; those running north, extending 200 feet northerly of what was designated on the map as the northern line of Thirteenth street ; and those running westerly, from what was designated on the map as the westerly line of West street.
The new town had no resources of its own on which to rely, but the beauty of its face, the salubrity of its climate, and the product- iveness of its soil soon drew people to it from San Francisco, who valued it as a suburban place of residence. The troubles caused by the squatters, however, and the uncertainty of titles, and the end- less litigation which followed, greatly retarded its growth, and it is safe to say, that if Col. Fitch had succeeded in his proposed pur- chase, in 1850, the growth of the new town would have been vastly greater.
Charles Minturn, who became interested with Moon, Carpentier & Adams, soon placed upon the San Antonio creek a steamboat to carry freight and passengers between Oakland and San Francisco.
In the Spring of 1853 the Oakland College School was established by Rev. Henry Durant, in anticipation of the foundation of a Uni- versity, and other educational establishments soon followed.
March 25th, 1854, Oakland was incorporated as a city, and Hor- ace W. Carpentier was elected its first Mayor, by the same tactics as he had invariably pursued in all his undertakings. Three hundred and sixty-eight votes were cast at this election ; but votes, then, were no indication of the number of settlers, and it is certain that there was no such number of legal voters in the town.
A newspaper, called the Alameda Express, was at this time pub- lished in Oakland. There was a Fire Department, and a School Department, and other institutions necessary for a larger city.
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HISTORY OF ALAMEDA COUNTY.
The Council elected in 1854 was " Anti-Carpentier," and caused proceedings to be instituted to recover the water-front-the giving away of which was, no doubt, a deep-laid plot in the first place, con- cocted by Carpentier when he incorporated the place into a town. The litigation which followed was persistent but unavailing.
Between 1854 and 1864 the city grew slowly. The school facili- ties, even at the latter date, were very inferior ; only two or three churches were built ; none of the streets were macadamized ; land title disputes were interminable ; fraudulent titles multiplied ; the city was run into debt, and the brilliant prospects that at first greeted the onward march of the new town had become considerably reduced. The opening of the creek and the starting of an opposition line of steamers, the building of the local railroad, together with the pros- pect of having here the terminus of the Trans-Continental Railroad, revived interest in the city, and, about 1868, real estate began to take a decidedly upward term.
The great and apparently most important event in its history, was the compromise of the water front litigation between Carpentier and the city and the cessation of a portion of the land to the Central Pacific Railroad Company for terminal purposes. This is supposed to have given the terminus to Oakland, but people now smile and ask " Where else could it advantageously be fixed ?"
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