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 7
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Some time after, in the Senate, General Vallejo made a report on the derivation and definition of the names of the several counties, as previously adopted. Contra Costa he defined as follows: "This name signifies opposite coast, and the county is so called from its situation opposite San Francisco, in an easterly direction. It is un- doubtedly one of the most fertile counties in the State, possessing
60
HISTORY OF ALAMEDA COUNTY.
rich agricultural lands, which embrace an interior coast of thirty leagues, extending in the bays of Santa Clara, San Francisco, San Pablo, the Straits of Carquinez, the Bay of Suisun, and the San Joa- quin River; a circumstance which, united to its mild climate, will render it very important. The pueblo of Martinez is its chief town, and New York of the Pacific, as well as other towns on the shores of the San Pablo and San Joaquin, will also very soon effectually contribute to its importance. Mount Diablo, which occupies a con- spicuous place in modern maps, is the centre of this county. It was intended so to call the county, but both branches of the legislature, after warm debates on the subject ( the representatives of the county opposing the proposed name) resolved upon the less profane name of Contra Costa. The following is the history of Mount Diablo (Mount Devil) : In 1806 a military expedition from San Francisco marched against the tribe Bolgones, who were encamped at the foot of the mount; the Indians were prepared to receive the expedition, and a hot engagement ensued in the large hollow fronting the western side of the mount. As the victory was about to be decided in favor of the Indians, an unknown personage, decorated with the most extra- ordinary plumage, and making divers movements, suddenly appeared near the combatants. The Indians were victorious, and the incognito (Puy) departed towards the mount. The defeated soldiers, on ascertain- ing that the spirit went through the same ceremony daily, and at all hours, named the mount 'Diablo,' in allusion to its mysterious in- habitant, that continued thus to make his strange appearance, until the tribe was subdued by the troops in command of Lieut. Gabriel Moraga, in a second campaign of the same year. In the aboriginal tongue 'Puy' signifies evil spirit; in Spanish it means 'Diablo,' and doubtless it signifies 'Devil' in the Anglo-American language."
The question of location for a permanent State capital was one of the most important that engaged the attention of our first legislative body. Various individuals and localities bid high for the prize. The offer of General Vallejo was startlingly grand, amounting to no less than $350,000 in land and money-the location to be the pres- ent City of Vallejo, but which city did not then contain a single habitation ! Messrs. Stevenson & Parker, then proprietors of the New York Ranch in Contra Costa County, held up the advantages of their "New York of the Pacific," and offered, in case it should be selected for the State capital, to erect buildings upon it for the use of the Legislature of the value of $100,000, to be finished on or
61
UNDER THE STARS AND STRIPES.
before the 1st day of January, 1851. They held, in their memorial, that it was better situated and more accessible than any other point that could be selected ; as its peculiar situation, at the head of the Bay of Suisun, at the junction of the two great rivers-Sacramento and San Joaquin-rendered it accessible almost hourly to all who passed to and from the extensive mineral regions. They further offered to erect temporary public offices, to be ready for occupancy on the first of May, 1850. Tempting offers were also made by San José, Monterey, etc. The Legislature decided to leave the matter to the votes of the people, to be determined at the elections held in the fall of 1850. Strange to say, notwithstanding that twenty-one locali- ties were favored with votes, the "New York of the Pacific " did not receive one. Vallejo carried off the prize by a large majority, but, sad to say, was not able to retain it.
On the 9th of September, 1850, California was admitted a State of the Union, and Messrs. Gwin and Fremont were appointed our first representatives to Congress.
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HISTORY OF ALAMEDA COUNTY.
THE PALACE OF SWEETS !
965 BROADWAY, OAKLAND.
Home-Made Candies and Fine Chocolates a Specialty. J. H. BACON.
MRS. CUNNINGHAM'S
PARISIAN
Millinery
960 BROADWAY,
Between 9th and 10th Streets, OAKLAND.
Latest Styles, Reasonable Charges, and Prompt Attention.
G. ESTABROOK SMITH,
Late County Clerk of Alameda County.
NOTARY PUBLIC, Searcher of Records and Conveyancer.
REAL ESTATE EXCHANGE,
Large List of Farms and Homesteads in all parts of Alameda County.
Desirable Property for Investment or Occupation in Oakland, Brooklyn, Fruit Vale or Vicinity.
- OFFICE. 0-
Near the
Cor. Broadway & 5th Street, NEW COURT HOUSE, Oakland.
M. LULLEY & SONS,
AUCTION & COMMISSION MERCHANTS
Every description of Furniture always on hand.
OFFICE AND SALESROOM :
301 TWELFTH STREET, P. O. Box 548. OAKLAND.
Under Grand Central Hotel,
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UNDER THE STARS AND STRIPES.
CHAPTER XI.
FROM THE ORGANIZATION OF THE COUNTIES IN 1850, TO THE FORMA- TION OF ALAMEDA COUNTY IN 1853-LEGISLATIVE REPRESENTA- TION AND LEGISLATIVE ACTS-THE CENSUS OF 1850, AND WHAT IT SHOWED-EXORBITANT RATES OF TAXATION-THE CENSUS OF 1852-COUNTY SURVEYOR BROWN'S REPORT -POPULATIONS OF SANTA CLARA AND SACRAMENTO-WHAT WAS DONE FOR US BY THE LEGISLATURE OF 1852-COUNTY GOVERNMENT AND COURTS-CON- TESTED ELECTION CASES AND THE VOTE OF OAKLAND IN 1853.
An act to regulate elections was passed on the 23d of March, 1850, at the first meeting of the Legislature, held in San José. By that act Santa Clara and Contra Costa composed the Fifth Senatorial District, and jointly elected one senator, and the former two and the latter one member of Assembly.
The first election by counties was held in the same year, when Hon. G. B. Tingley, of San José, was elected Joint State Senator, and Hon. Elam Brown, Assemblyman, to represent Contra Costa. No business of a special character, affecting the county, was intro- duced the following session.
In the Legislature of 1851 there were only two propositions from the new county, and both these came from Martinez. One was a bill to incorporate a ferry company, to operate between Martinez and Benicia ; and the other was a petition for a grant of the tide lands adjacent to the town, between high and low water marks.
The first census of the State was taken in September and October, 1850, when it was officially ascertained that Contra Costa had 722 inhabitants. Santa Clara, at the same time, had 3,502-surely, a good start to begin with.
The first State assessment-roll, made out the same year, placed the number of acres assessed in Contra Costa at 377,528. The value of these, without improvements, was set down at $1,141,953 ; improve- ments were set at $51,852 ; total value, $1,193,841. The tax levy, for State purposes, on this, was placed at $5,969.20} ; for county purposes, $2,984.60} ; for public building purposes, $2,984.60} ; altogether, $11,938.41. Town lots, without improvements, were assessed at $164,957 ; improvements, $37,650; total, $202,607 ; tax on same for State purposes, $1,013.032; for county purposes,
64
HISTORY OF ALAMEDA COUNTY.
$506,512 ; for public building purposes, $506.512; total for State and county purposes, on town lots and improvements, $2,026.07. The value of personal property was estimated at $605,992; charged on same for State purposes, $3,029.96 ; for ordinary county purposes, $1,514.98 ; for public building purposes, $1,514.98 ; State poll-tax, $1,320; county poll-tax, $660; total on personal property for county purposes, $3,689.96 ; for State purposes, $4,349.96 ; total polls and personal tax for State and county purposes, $8,039.92. The total value of property of all kinds in the county was thus made $2,002,440 ; and the amount of taxation for all purposes, $22,004.40. This made the rate of taxation about $30.50 per capita for every man, woman and child in the county. A pretty good round sum, it must be conceded ; but in this regard we continue to maintain a high standard yet ; although Alameda's assessment rate is lower than that of any other county in the State.
This was nothing, however, compared with the following year, when the rate of taxation was more than doubled.
The following memoranda will show the manner in which the levy was collected for the two years :
Contra Costa County, property and poll-tax for 1851 : In cash, $55,203.57 ; in 3 per cent. per month bonds, $13,275 ; in interest thereon, $8,040.52 ; in Controller's warrants, $150; total, $76,669 .- 39. The rate in 1850 was $2 on the $100; in 1851, $4.10; and in 1853, $4.41 !
For the purpose of comparison the following statement of the value of property in Contra Costa, Santa Clara and Sacramento will serve : Contra Costa, $2,002,410 ; Santa Clara, $4,883,295 ; Sacra- mento, $8,947,454. These three counties are selected because they, of late years, have been the three leading counties of the State in population and wealth ; Alameda, however, taking the place of Contra Costa.
That the mode of assessment in those days was very unequal will be shown by the following statement for 1852 : Value of real and personal property in Contra Costa County, $3,236,198 ; in Santa Clara, $3,292,153 ; in Sacramento, $7,232,026. As will be noticed, these figures show a great increase in Contra Costa and reduction in Santa Clara and Sacramento.
In 1852, when a second census was taken, Warren Brown, County Surveyor of Contra Costa, made the following report to the Surveyor- General of the State :
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UNDER THE STARS AND STRIPES.
MARTINEZ, Nov. 29, 1852.
Tillable land in county, 132,000 acres ; grazing land, 530,000 acres ; government land, 5,000 acres.
Population, 2,745. White males, 1,937 ; females, 550. Citizens of the U. S. over 21 years, 946 ; negroes, male, 2 ; female, 0 ; mulattoes, male, 17 ; female, 2 ; domesticated male Indians, 156 ; female, 122; foreign male residents, 669 ; female do., 115 ; foreign residents over 21, 627.
Horses, 3,984; mules, 183; cows, 1,789 ; beef cattle, 38,451 ; work oxen, 1,127; hogs, 1,898; sheep, 3,704; poultry, 9,274 ; bushels barley, 288,180; oats, 4,085 ; corn, 8,865 ; wheat, 17,060 ; potatoes, 85,190 ; acres of land under cultivation, 9,093; tons of hay, 512 ; pounds of onions, 180,000 ; lbs. of cheese, 5,000 ; of but- ter, 700 ; gallons milk, 4,400 ; dozens of eggs, 1,000; cords of fire- wood, 710 ; number of rails, 50,000.
The Assessor indulged in the following laconic remarks regarding his county :
"There is found limestone in excellent quality. Gypsum, is found in one place ; excellent building-stone and red fire-stone have been discovered ; sulphur springs abundant, mostly tepid ; saline springs exist.
"Streams, small, and generally dry in summer ; many springs and plenty of water, except on the San Joaquin Plains.
"Names of principal streams : San Ramon, Jugerto, Neuces, Hambre, Pinole, San Pablo, San Leandro, San Lorenzo, Alameda, Tassajara, Laguna.
"Towns and villages : Martinez, Oakland and Squatterville. Bays : San Francisco, San Pablo and Pinole. Straits : Carquinez. Com- munication good from all parts of the county."
There is not much reliance to be placed on official returns of this kind in this State, and the statistician who depends upon them will only deceive himself and the public. No better records, however, of our infantile condition are at hand, and they are given merely for what they are worth. As an instance of the absurdity of some of those official statements, it will do to mention that a certain assessor returned 1,000,000 hens in his county and only enough dozens of eggs to allow one-tenth of an egg for each inhabitant !
The school census is apt to be reliable, and is as follows : Schools, 1; children between ages of 4 and 18, 563 ; attending, 190 ; teach - er's salary, $300 ; total expenditure, $300. Amount of school money
5
66
HISTORY OF ALAMEDA COUNTY.
assessed under revenue law of 1852, $1,618.09. Amount paid to State Treasury, up to January 18, 1853, $1,378.07.
An amusing thing about Mr. Brown's report is his lucid descrip- tion of the topographical features of the county, and his enumeration of the towns. It is very instructive, indeed. The united counties of Alameda and Contra Costa boasted of three towns, "Oakland, Martinez and Squatterville !" The puzzle to-day is to know where was " Squatterville," or which place was meant by that appellation, as mostly every new place then was a "Squatterville"- even Oakland; but it is to be presumed that San Lorenzo was so meant. At any rate, the population, all told, of our towns at that date, did not ex- ceed two or three hundred souls !
By the census of 1852 Santa Clara returned a population of 6,664 persons. There were included 550 domesticated Indians, mostly, no doubt, in the immediate vicinity of the Mission of San José, which was ceded, in the division of the county, to Alameda, the following year. The places reported by the County Surveyor, where the land was then principally cultivated, were in the four districts of Santa Clara, Gilroy, San José Mission and Union City. The two latter districts being in Washington Township, fell to Alameda in 1853, and for years they ruled the rest of the county.
Santa Clara reported 1,776 children of school age, with an attend- ance, however, of only 47 ; and an expenditure of $187.50 on teach- ers' salary. These, certainly, were the days of "small things " in educational matters.
The population of Sacramento in 1852 was 12,000. Then it was the most favored place in the State, and had as much as $5,358,394 invested in mining, agricultural and manufacturing operations.
These figures are somewhat instructive now, showing as they do the importance of her neighbors when Alameda had not even "a local habitation nor a name." How she was born into existence and sprang forward to the foremost position among California counties, the following chapters will show.
State as well as county elections, at this time, were annual.
In 1852 Mr. Tingley, who appears to have been a leading man in his House, was again elected to the Senate to represent Santa Clara and Contra Costa ; and N. B. Smith, better known as "Bony " Smith, represented Contra Costa.
At this session of the Legislature (the third and last one held in San José) another amendment was made to the definition of the
67
UNDER THE STARS AND STRIPES.
county boundaries, more minutely setting them forth; but as the county was divided the following session of 1853, it will not be ne- cessary to produce it.
An Act was also passed declaring San Antonio Creek navigable. It provided that "the stream called San Antonio Creek in the County of Contra Costa is declared navigable from its mouth to the old Em- barcadero of San Antonio, and no obstruction to the navigation there- of shall be permitted." San Antonio Creek, since the passage of this act has been the subject of frequent legislation, not alone at our own State Capital, but also in Washington, and shall hereafter be entitled to a fair share of consideration in this work.
At this session of the Legislature, the town of Oakland, then hardly possessing one hundred inhabitants, was incorporated. The promoter of the act was Mr. Horace W. Carpentier, a gentleman who the pre- vious year held the position of Enrolling Clerk of the Senate, and of whom, more shall be heard hereafter. As Oakland occupies a place of her own in this work, it will not be necessary to further refer to this Act here. It is printed at length in its proper place.
Hitherto reference has not been made to the mode of municipal management in operation, nor the manner in which justice was dis- pensed. For a year or two after the establishment of the State Legislature the Mexican system remained in force, and Alcaldes were elected. Henry C. Smith acted in this capacity at the Mission of San José. The first Legislature, however, provided for Courts of Session, County and District Courts. At first Boards of Supervisors managed county affairs, and in the Contra Costa County Board, Con- tra Costa (Oakland) and Clinton townships were represented respec- tively by L. H. Robinson and William Patten. The latter gentleman was President of the Board. On the division of the county Lemuel Russell, of San Ramon Valley, and S. A. Bishop, of Monte Diablo Valley, were appointed to their places. The vacancies were filled by the Court of Sessions, of which Hon. F. W. Warmcastle, County Judge, was President, with A. R. Mallery and J. H. Leveystein as associates. The County Clerk and Clerk of the Court of Sessions, was Thomas A. Brown. The date on which the seats of Messrs. Robinson and Patten were declared vacant and their successors ap- pointed, is April 7th, 1853. Jas. B. Larue was a member of the previous Board. The principal improvement undertaken up to that time was the construction of a bridge across the slough of San Anto- nio, between the towns of Clinton and Oakland. The contract was
68
HISTORY OF ALAMEDA COUNTY.
let to a man named Gilman. This work was subsequently the cause of considerable trouble between Alameda and Contra Costa Counties, and between Alameda County and Horace W. Carpentier, as will appear hereafter.
The last election of the two counties, jointly, took place on the 26th day of March, 1853. It was a special election for the choice of an Assemblyman, to fill a vacancy in the Legislature, then assem- bled at Vallejo. Three candidates entered the field and two of them belonged to this side of the mountains. As the election was con- tested in the House afterwards, and the evidence throws light on our electoral strength at that day and the mode of conducting elec- tions, it will be worth while to dwell a little upon it. The candi- dates, on this interesting occasion, were H. W. Carpentier, of Oak- land ; R. S. Farrelly, of "Squatterville " or San Lorenzo ; and a Mr. Halliday, of Martinez. Mr. Carpentier received the highest number of votes polled, but Mr. Farrelly protested against his elec- tion on the ground of fraud ; the County Clerk refused to issue his certificate of election, and the dispute was handed over to the Committee on Elections of the Legislature. 519 votes were claimed for Mr. Carpentier, 254 for Mr. Farrelly, and 192 for Mr. Halliday, thus giving the former a majority of 73 over both his opponents. Mr. S. J. Clark appeared as attorney for Mr. Farrelly. Various grounds of objection were presented by that gentleman, who urged fraud on the part of Mr. Carpentier, and collusion on the part of the Board of Judges, and Inspectors and Clerks in Contra Costa or Oakland Township. It was shown that the number of 377 ballots were cast in that township, while the census agent of the county, who took the census of the township about two months and a half preceding the election, testified that there were only about 130 legal voters residing within its limits. It was also asserted that there was a compact layer of yellow (Carpentier) tickets on the top of the box, the counting of which lasted near two hours, before a white or Farrelly ticket was reached, although two of the three last voters, who cast their ballots at sundown, declared they had voted for Far- relly. A man named Ford made affidavit that he was a passenger on the ferry-boat from Oakland to San Francisco on the day of elec- tion, and back to San Francisco after the election was over, and that there was a man by the name of Gilman on board, who promised to settle for 37 passengers, whom he stated were going to work for him on the bridge. He saw these men, afterwards, about the polls ; was
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UNDER THE STARS AND STRIPES.
certain they voted, some of them swearing in their votes, and one of whom claimed to have voted seven times when mistakenly demand- ing his pay of $5 for such service from the witness.
Against this a majority of the members of the Board of Supervis- ors of the County made their affidavits that they believed Mr. Car- pentier duly elected, and a majority of four out of six of the House Committee on Elections reported in favor of his retaining the seat. The figures of the Census Commissioner are stated, by the report of this committee, at 520, being strangely at variance with the testimony of the Commissioner himself, who stated the number at 130 in Oak- land Township. The majority committee saw no cause to wonder at the large vote (374) cast in Oakland Precinct, because there were 212 cast in San Antonio Township, the two together making only sixty- six votes more than was found to reside in the district in the previ- ous August, which excess they reasonably supposed to be " made up by additions to the population, especially in Oakland, a young and thriving town." The fact that there were from 300 to 400 persons employed in the Redwoods, "and that a great number, if not a majority, of them voted at Oakland," while some from the Encinal and other San Antonio precincts also voted at Oakland, left them "no reason for doubting that the votes in Oakland Precinct were honestly cast by qualified electors."
Mr. Carpentier was confirmed in his seat and sworn in on the 11th of April, thirty-eight days before the adjournment of the House.
Another contested election case, in the same body, was that of Walter Van Dyke, Esq., for a number of years a resident of Oak- land, but who then represented Klamath County. His seat was contested by a Mr. J. McMahon, on the ground that Mr. Van Dyke's majority had been obtained in the adjoining State of Oregon. The seat was given to McMahon.
It is to Mr. Carpentier's credit, whatever may be said of the man- ner in which he procured his seat, that he was a very energetic mem- ber, and introduced no less than seventeen bills, some of them very important, and assisted in the creation of Alameda County, that same session.
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HISTORY OF ALAMEDA COUNTY.
O. C. KIRK,
T INNER, PLUMBER,
AND
GAS FITTER,
315 East Twelfth Street,
( Near Tubbs' Hotel),
HAST OAKLAND.
A LARGE STOCK OF
TINWARE, STOVES,
RANGES,
Gas Fixtures, Pumps, Etc.,
ALWAYS ON HAND.
Jobbing Promptly Attended to.
또.
AN ALAMEDA OF OLIVE TREES.
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UNDER THE STARS AND STRIPES.
CHAPTER XII.
CREATION OF ALAMEDA COUNTY BY THE LEGISLATURE OF 1853- SHARP CONTEST BETWEEN SMITH AND CARPENTIER FOR THE LOCA- TION OF THE COUNTY SEAT-THE ACTS FIXING THE BOUNDARIES OF ALAMEDA AND PROVIDING FOR ITS ORGANIZATION AND GOV- ERNMENT AND THE ADMINISTRATION OF JUSTICE THEREIN-DEFI- NITION OF THE NAME-DISSATISFACTION IN CONTRA COSTA AND SANTA CLARA-CONTRA COSTA AS IT IS NOW-THE NEW APPOR- TIONMENT, ETC.
In the year 1853 Alameda was created a separate county out of Santa Clara and Contra Costa. Previously Contra Costa covered the whole of the present County of Alameda, excepting Washington Township, which was south of the Alameda Creek, then the bound- ary line, and in Santa Clara County. In the Legislature of that year, both Santa Clara and Contra Costa were served in the State Senate by Hon. G. B. Tingley, who resided in Santa Clara County. In the Assembly, Santa Clara was represented by W. S. Letcher and Henry C. Smith, while Contra Costa was represented by Horace W. Carpentier. Mr. Smith then resided at New Haven, or Alvarado, and championed the creation of the new county.
Accordingly that gentleman, on the 10th of March of that year, presented in the Assembly the petition of citizens of Santa Clara and Contra Costa Counties praying for the erection of a new county, to be called Alameda, out of territory then belonging to those counties. The petition was read and referred to the Committee on Counties and County Boundaries ; and the same day Mr. Smith introduced his bill, which was entitled "An Act to create the County of Ala- meda and establish the seat of justice therein ; to define its bound- aries and provide for its organization." Read first and second time and referred to Committee on Counties and County Boundaries.
On the 11th of March the committee to which it was referred reported the bill back with the recommendation that the same be passed.
On the 12th Mr. Thomas, from the Committee on Engrossed Bills, reported the bill as correctly engrossed, and the report was adopted. On the following day it went to the Senate, where it was amended ; and on the 18th the Assembly concurred in the Senate amendments.
72
HISTORY OF ALAMEDA COUNTY.
On the 23d it was referred back to the Assembly to correct some errors of enrollment ; on the 25th it was reported as correctly enrolled; on the same day it was presented to the Governor for his approval ; and on the 28th the same was approved by the Governor. It must be admitted that the bill was well engineered and went through expedi- tiously, but it contained some material defects, and, therefore, Mr. Smith, its author, came forward, three days after its passage, with a bill to remedy them. The amendatory bill was passed through all its stages the same day ; on the 1st of April it passed the Senate, and on the 6th received the Governor's signature. On the 21st of April Mr. Carpentier introduced another amendatory Act. This was for the purpose of changing the location of the county seat from New Haven to Oakland. A vote was taken on the amendment and it was lost by 19 noes to 17 ayes.
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