Marin County CA Archives History - Books .....Legislative History Of Marin County 1880
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Book Title: History Of Marin County

THE LEGISLATIVE HISTORY OF MARIN COUNTY.
ITS ORGANIZATION AND POLITICAL HISTORY.

  THE ORGANIZATION OF THE COUNTY.-The first organization of counties in the
United States originated in Virginia, her early settlers becoming proprietors of
vast amounts of land, living apart in patrician splendor, imperious in demeanor,
aristocratic in feeling, and being in a measure dictators to the laboring
portion of the population. It will thus be remarked that the materials for the
creation of towns were not at hand, voters being but sparsely distributed over a
great area. The county organization was, moreover, in perfect accord with the
traditions and memories of the judicial and social dignities of Great Britain,
in descent from whom they felt so much glory. In 1634 eight counties were
established in Virginia, a lead which was followed by the Southern and several
of the Northern States, save in those of South Carolina and Louisiana, where
districts were outlined in the former, and parishes, after the manner of the
French, in the latter.

  In New England, towns were formed before counties, while counties were
organized before States. Originally, the towns, or townships, exercised all the
powers of government swayed by a State. The powers afterward assumed by the
State governments were from surrender or delegation on the part of towns.
Counties were created to define the jurisdiction of courts of justice. The
formation of States was a union of towns, wherein arose the representative
system; each town being represented in the State Legislature, or General Court,
by delegates chosen by the freemen of the towns at their stated meetings. The
first town meeting of which we can find any direct evidence, was held by the
congregation of the Plymouth Colony, on March 23, 1621, for the purpose of
perfecting military arrangements. At that meeting a Governor was elected for the
ensuing year; and it is noticed as a coincidence, whether from that source or
otherwise, that the annual town meetings in New England, and nearly all the
other States, have ever since been held in the Spring of the year. It was not,
however, until 1635, that the township system was adopted as a quasi corporation
in Massachusetts.

  The first legal enactment concerning this system provided that whereas:
"Particular towns have many things which concern only themselves, and the
ordering of their own affairs, and disposing of business in their own towns;
therefore the freemen of every town, or the major part of them, shall only have
power to dispose of their own lands and woods, with all the appurtenances of
said towns; to grant lots and to make such orders as may concern the well
ordering of their own towns, not repugnant to the laws and orders established by
the General Court. They might also impose fines of not more than twenty
shillings, and choose their own particular officers, as constables, surveyors
for the highways, and the like." Evidently this enactment relieved the General
Court of a mass of municipal details, without any danger to the powers of that
body in controlling general measures of public policy. Probably, also, a demand
from the freemen of the towns was felt, for the control of their own home concerns.

  The New England colonies were first governed by a "General Court," or
Legislature, composed of a Governor and small council, which court consisted of
the most influential inhabitants, and possessed and exercised, both legislative
and judicial powers, which were limited only by the wisdom of the holders. They
made laws, ordered their execution, elected their own officers, tried and
decided civil and criminal causes, enacted all manner of municipal regulations;
and, in fact, transacted all the business of the colony.

  This system which was found to be eminently successful, became general, as
territory was added to the Republic, and States formed. Smaller divisions were
in turn inaugurated and placed under the jurisdiction of special officers, whose
numbers were increased as time developed a demand, until the system of Township
organization in the United States is a matter of just pride to her people.

  Let us now consider this topic in regard to the especial subject under review:

  On the acquisition of California by the government of the United States, under
a treaty of peace, friendship, limits, and settlement with the Mexican Republic,
dated Guadalupe Hidalgo, February 2, 1848, the boundaries of the State were
defined. This treaty was ratified by the President of the United States, on
March 16, 1848; exchanged at Queretaro, May 30, and finally promulgated July 4,
of the same year, by President Polk, and attested by Secretary of State, James
Buchanan. In 1849 a Constitutional Convention was assembled in Monterey, and at
the close of the session, on October 12, a proclamation calling upon the people
to form a government was issued "to designate such officers as they desire to
make and execute the laws; that their choice may be wisely made, and that the
government so organized may secure the permanent welfare and happiness of the
people of the new State, is the sincere and earnest wish of the present
executive, who, if the Constitution be ratified, will with pleasure, surrender
his powers to whomsoever the people may designate as his successor." This
historical document bore the signatures of "B. Riley, Bvt. Brig. General U. S.
A., and Governor of California, and official-H. W. Halleck, Bvt. Capt. and
Secretary of State."

  In accordance with Section fourteen of Article twelve of the Constitution, it
was provided that the State be divided into counties, and Senatorial and
Assembly districts, while the first session of the Legislature, which began at
San Jose, on December 15, 1849, passed, on February 18, 1850, "An Act
subdividing the State into counties and establishing seats of justice therein."
This Act was finally confirmed, April 25, 1851, and directed the boundaries of
Marin county to be as follows:-

  " Beginning on the sea coast at the mouth of the inlet called Estero
Americano, and running up the middle of said estero to its head; thence
following the road which leads from Bodega to San Rafael, passing between the
rocks known by the name of Dos Piedros, to the Laguna of San Antonio; thence
following down the middle of said laguna to its outlet, which forms the creek of
San Antonio; thence following down the middle of said creek to the Bay of San
Pablo, and into said bay to the boundary of Contra Costa county; thence
following said county boundary to the boundary of San Francisco county; thence
along the boundary of said county to the mouth of the Bay of San Francisco and
three miles into the ocean; thence in a northerly direction parallel with the
coast to the place of beginning; including two small islands called Dos Hermanos
and Marin islands. The seat of justice shall be at San Rafael."

  Amendatory to the above is another Act passed May 15, 1854, wherein the
boundaries were made to read:-

  "Beginning on the sea coast at the mouth of the inlet called Estero Americano,
and running up the middle of said estero to its head; thence following the road
which leads from Bodega to San Rafael, passing between the rocks known by the
name of Dos Piedros to the Laguna of San Antonio; thence following down the
middle of said laguna to its outlet, which forms the creek of San Antonio;
thence following down the middle of said creek to its entrance into Petaluma
creek; thence following down the middle of said creek to the Bay of San Pablo,
and into said bay to the boundary of Contra Costa county in the said Bay of San
Pablo to the middle of the straits of San Pablo; thence following in a direct
line from the middle of said straits to the Invincible Rock, situated in the Bay
of San Francisco, near the entrance of the straits of San Pablo; thence
southeasterly by a direct line, so as to include the island of Los Angeles, to a
point in the Bay of San Francisco equidistant between said island and Bird
island; thence by a direct southerly line to its intersection with the present
line of the county of San Francisco at the mouth of the bay; thence with said
county line three miles into the ocean; thence in a northerly direction parallel
with the coast to the place of beginning including the three small islands
called Los Angeles, Dos Hermanos and Marin islands, with the entire area and
limits hereby described for the said county of Marin."

  Once more, on April 25, 1860, the boundaries of the county were fixed as under:-

  "Beginning on the sea coast at the mouth of the inlet called Estero Americano,
and running up the middle of said estero to its head; thence following the road
which leads from Bodega to San Rafael, passing between the rocks known by the
name of Dos Piedros to the Laguna of San Antonio; thence following down the
middle of said laguna to its outlet which forms the creek of San Antonio; thence
following down the middle of said creek to its entrance into Petaluma creek;
thence following down the middle of said creek to the Bay of San Pablo, and into
said bay to the boundary of Contra Costa county; thence along said boundary of
Contra Costa county, in the said Bay of San Pablo, to the middle of the straits
of San Pablo; thence following in a direct line from the middle of said straits
to the Invincible Rock, situated in the Bay of San Francisco, near the entrance
of the straits of San Pablo; thence southwardly by a direct line, so as to
include the island of Los Angeles, to a point in the Bay of San Francisco
equidistant between said island and Bird island; thence in a direct southerly
line to its intersection with the present line of the county of San Francisco,
at the mouth of the bay; thence with said county line, three miles into the
ocean; thence in a northerly direction parallel with the coast to the place of
beginning, including the three small islands called Los Angeles, Dos Hermanos
and Marin islands, with the entire area and limits hereby described for the said
county of Marin."

  Prior to the first partition of the State into counties, the section now known
as Marin had been included in the district of Sonoma, a division which had
originated with the Mexican authorities during their power, and that included
all the counties now lying west of the Sacramento river, between the Bay of San
Francisco and the Oregon line: it had not been interfered with on the accession
of American rule, but retained the official designation given to it by the
Spaniards.

  On April 11, 1850, An Act of the Legislature was passed organizing a Court of
Sessions, which defined its composition as follows:-

  The Court consisted of the County Judge, who should preside at its sessions,
assisted by two Justices of the Peace of the county as Associate Justices, they
being chosen by their -brother Justices from out of the whole number elected for
the county. The duties imposed upon this organization were multifarious. They
made such orders respecting the property of the county as they deemed expedient,
in conformity with any law of the State, and in them were vested the care and
preservation of said property. They examined, settled, and allowed all accounts
chargeable against the county; directed the raising of such sums for the
defraying of all expenses and charges against the county, by means of taxation
on property, real and personal, such not to exceed, however, the one-half of the
tax levied by the State on such property; to examine and audit the accounts of
all officers having the care, management, collection and disbursement of any
money belonging to the county, or appropriated by law, or otherwise, for its use
and benefit. In them was the power of control and management of public roads,
turnpikes, fences, canals, roads and bridges within the county, where the law
did not prohibit such jurisdiction, and make such orders as should be requisite
and necessary to carry such control and management into effect; to divide the
county into townships, and to create new townships, and change the division of
the same as the convenience of the county should require. They established and
changed election precincts; controlled and managed the property, real .and
personal, belonging to the county, and purchased and received donations of
property for the use of the county, with this proviso, that they should not have
the power to purchase any real or personal property, except such as should be
absolutely necessary for the use of the county. To sell and cause to be
conveyed, any real estate, goods, or chattels belonging to the county,
appropriating the funds of such sale to the use of the same. To cause to be
erected and furnished, a Court-house, jail. and other buildings, and to see that
the same are kept in repair, and otherwise to perform all such other duties as
should be necessary to the full discharge of the powers conferred on such court.
Terms were ordered to be held on the second Monday of February, April, June,
August, October and December, with quarterly sessions on the third. Monday of
February, May, August and November of each year.

  The Court of Sessions which was then composed of James A. Shorb, County Judge,
Associate Justices, James Black and George Millwater, and William F. Mercer,
Clerk, were the first to apportion Marin county into townships. This they
effected at a session held September 16, 1850, the divisions being named and
then written South Salieto, San Rafael, Boulinas and Navat. Their boundaries
were ordered to conform to the following lines:-

  South Salieto.-Shall include the town of South Salieto, Captain Richardson's
rancho-the line striking the coast at the mouth of the estero at the Boulinas.

  San Rafael.-Shall commence at the estero dividing the Read and Richardson
ranchos; thence running over the Tamalpais hill to the Logonita, and on to and
including the Revere rancho; thence down the Guenas valley to the estero.

  Navat.-Shall join the San Rafael township including the Portaswella of
Necatio-including the Guenas valley on the Estero Petaluma.

  Boulinas.-Shall include the Boulinas, running with the coast to Pountereys and
the Turmalas including the Necatio district.

  On January 3, 1853, the county was organized into eight road districts, and on
August 1st the townships of Tomales and Punta de los Reyes were established. A
distribution of townships was again effected on February 10, 1855, the eight
partitions being San Rafael, Corte Madera, Saueelito, Novato, San Antonio,
Tomales, Punta de los Reyes, and Bolinas, but it was not until May 12, 1862,
that Marin county was distributed into the eight townships which obtain to-day.
The boundaries and names of these are as follows:-

  San Rafael.-Commencing on the Bay of San Pablo at the southeast corner of the
Rancho San Jose; thence along the northern boundary of the Rancho Santa
Margarita and Las Gallinas to the southeast corner of the Nicasio rancho
confirmed to H. W. Halleck; thence along the boundary of said grant to Halleck,
to its intersection with the east line of T. 3, N., R. 8., W.; thence south to
the intersection of the east line of T. 2, N, R. 8, W. with Daniel's creek;
thence up said creek to foot of Bolinas hill; thence up the right-hand creek to
its head; thence in a direct line to the northeast corner of the Saucelito
rancho; thence following the northeastern boundary line of the Saucelito rancho
to where said line intersects with the Public lands; thence following the
northern boundary of the Public lands to the Salt marsh at or near the location
of the old government saw-mill; thence following the course of the creek upon
which said mill-was located to its intersection with the main Corte Madera
creek; thence down the Corte Madera creek to the Bay of San Francisco; thence
following the shore of the Bay of San Francisco to the Bay of San Pablo, and
from thence along the shore of the Bay of San Pablo to the place of beginning.

  Novato.-Commences at the Bay of San Pablo at the southeast corner of the
Rancho San Josd; thence along the northern boundary of the Rancho Santa
Margarita and Las Gallinas to the southeast corner of the Nicasio rancho as
confirmed to H. W. Halleck; thence along the southern boundary of the said
Halleck grant to its intersection with the east line of T. 3, N., R. 8, W.;
thence along the line of Township 3, to the northern boundary line of the
aforesaid grant to Halleck; thence in an easterly and northerly direction to the
corner of the Novato rancho to Olompali; thence along the southern line of the
Olompali rancho to the Puerto Suelo; thence in a direct line northerly to San
Antonio creek upon the boundary of the township San Antonio; thence following
the San Antonio creek to the Bay of San Pablo, and from thence following the
shore of said bay to the place of beginning.

  San Antonio.-Commencing at the western extremity of the Laguna de San Antonio
and running westerly, following the San Antonio creek to its junction with the
Arroyo Sausal, and from thence southeasterly along the Arroyo Sausal to its
intersection with the northern line of that part of the Nicasio rancho confirmed
to H. W. Halleck; thence easterly along said boundary line to its intersection
with the western line of the Rancho Novato; thence northerly along the line of
the Novato rancho to the southern line of the Olompali rancho; thence easterly
along the line of the Olompali rancho to the Puerto Suelo (as laid down on the
map of Marin county in tke Clerk's office); thence in a northerly direction to a
point on San Antonio creek two hundred yards westerly from the residence of G.
T. Wood; thence following the Sonoma county line to the westerly line of the
Laguna de San Antonio; thence following the line of the aforesaid laguna to the
point of beginning.

  Tomales.-Commencing at the western extremity of the Laguna de San Antonio and
running westerly following the San Antonio creek to Tomales bay; thence along
said bay to the Pacific ocean; thence westerly following the coast to the mouth
of the Estero Americano; thence up said estero to the county line; thence along
the coiinty line to the Laguna de San Antonio, and from thence along the western
shore of said laguna to the place of beginning.

  Nicasio.-Commencing on the western side of the Daniel's creek immediately
opposite Taylor's warehouse on the Garcia ranch, and from thence following the
meanderings of said creek to the head of Tomales bay, and from thence along the
northeastern shore of said bay to the San Antonio creek; from thence along said
creek until it reaches the Arroyo Sausal, and from thence along said arroyo to
its intersection with the northern line of that part of the Nicasio rancho
confirmed to H. W. Halleck; thence along said line to the eastern line of T. 3,
N., R. 8, W.; thence due south to the southeast corner of said township; thence
due west along south line of said township to the Daniel's creek; thence down
Daniel's creek to the place of beginning.

  Point Reyes.-Commencing on the west side of Daniel's creek, at its confluence
with Garcia's creek and running to the head of Tomales bay; thence along the
west shore of said bay to the Pacific ocean; thence along the shore of said
ocean to its intersection with Bear gulch; thence in a northerly direction to
the place of beginning.

  Bolinas.-Commencing at the mouth of Garcia's creek at its intersection with
Daniel's creek; thence up Daniel's creek to the south line of T. 3, N. R. 8, W.;
thence running east along said line to the southeast corner of T. ,3; thence
south on the east line of T. 8, R. 2, W. to its intersection with Daniel's
creek; thence up said creek to the foot of Bolinas hill; thence up the
right-hand creek to its head; thence in a direct line to the northeast corner of
the Saucelito rancho on the mountain of Tamalpais; thence following the west
line of said rancho to the Pacific ocean; thence along the Pacific ocean in a
westerly direction to Bear gulch; thence in a northerly direction to the place
of beginning.

b Saucelito.-Commencmg on Tamalpais at the northeast corner of the Saucelito
rancho; thence along the northeastern boundary of said rancho to the Public
lands; thence along the northern boundary of the Public lands to the Salt marsh
at or near the location of the Government mill; thence down a creek designated
as a boundary line for the township of San Rafael to the main Corte Madera
creek; thence following the Corte Madera creek to the Bay of San Francisco;
thence along the western shore of said bay to the Pacific ocean; thence along
the Pacific ocean to the western boundary of the Saucelito rancho; from thence
along the western line of said Saucelito rancho to the place of beginning.

  And it is further ordered that for judicial purposes Angel Island shall belong
to the township of Saucelito.

  From the period of the organization of the county until the year 1855, its
affairs were controlled by the Court of Sessions, above mentioned, and a Board
of Supervisors, the latter having "Certain functions not granted to the former.
In the last named year a change had come o'er the governmental dream; the Court
of Sessions was abolished and an act passed March 20, entitled "An Act to create
a Board of Supervisors in the counties in this State, and to define their duties
and powers." For better reference the ninth section of the above act is quoted
in full: "The Board of Supervisors shall have power and jurisdiction in their
respective counties. First, To make orders respecting the property of the
county, in conformity with any law of this State, and to take care of and
preserve such property. Second, To examine, settle, and allow all accounts
legally chargeable against the county, and to levy, for the purposes prescribed
by law, such amount of taxes on the assessed value of real and personal property
in the county, as may be authorized by law: provided the salary of the County
Judge need not be audited by the Board; but the County Auditor shall, on the
first judicial day of each month, draw his warrant on the County Treasurer in
favor of the County Judge for the amount due such Judge as salary, for the month
preceding. Third, To examine and audit the accounts of all officers having the
care, management, collection or disbursement of any money belonging to the
county, or appropriated by law, or otherwise, for its use and benefit. Fourth,
To lay out, control and manage public roads, turnpikes, ferries, and bridges
within the county, in all cases where the law does not prohibit such
jurisdiction, and to make such orders as may be requisite and necessary to carry
its control and management into effect. Fifth, To take care of and provide for
the indigent sick of the county. Sixth, To divide the county into townships, and
to change the divisions of the same, and to create new townships, as the
convenience of the county may require. Seventh, To establish and change election
precincts, and to appoint inspectors and judges of elections. Eighth, To control
and manage the property, real and personal, belonging to the county, and to
receive by donation any property for the use and benefit of the county. Ninth,
To lease or to purchase any real or personal property necessary for the use of
the county: provided no purchase of real property shall be made unless the value
of the same be previously estimated by three disinterested persons, to be
appointed for that purpose by the County Judge. Tenth, To sell at public
auction, at the Court House of the county, after at least thirty days previous
public notice, and cause to be conveyed, any property belonging to the county,
appropriating the proceeds of such sale to the use of the same. Eleventh, To
cause to be erected and furnished, a court house, jail, and such other public
buildings as may be necessary, and to keep the same in repair; provided that the
contract for building the court house, jail, and such other public buildings, be
let out at least after thirty days previous public notice, in each case, of a
readiness to receive proposals therefor, to the lowest bidder, who will give
good and sufficient security for the completion of any contract which he may
make respecting the same; but no bid shall be accepted which the Board may deem
too high. Twelfth, To control the prosecution and defense of all suits to which
the county is a party. Thirteenth, To do any and perform all such other acts and
things as may be strictly necessary to the full discharge of the powers and
jurisdiction conferred on the Board."

  In accordance with this Act Marin was divided into three Supervisora
Districts, the first being composed of Novato, San Rafael and Corte Madera
townships; the second, Saucelito, Bolinas and Purita de los Reyes townships; and
the third, Tomales and San Antonio townships; while voting precincts were
established at the following places: District No. 1.-Novato, at the hotel known
as "Our House;" San Rafael, at the Court House; Marin City, at the house of
James Parker; and Corte Madera, at the residence of Stephen Dodge. District No.
2.-Saucelito, at Capt. Snow's hotel; Bolinas, at the Mill house; Punta de los
Reyes, at the Ranch house; and Berry precinct, at Garcia's house. District No.
3.-Tomales, at Dutton's store, and San Antonio, at the house of P. B. Hewlett.
On November 7th of this year the Board of Supervisors directed that the county
should be divided into two School Districts; Tomales and San Antonio townships
forming District No. 1, and the balance of the county District No. 2, while on
the twenty-second day of the same month each township was declared to be a road
district, James Miller, San Rafael; Timothy Mahon, Novato; P. B. Hewlett, San
Antonio; P. R. Bachelor, Corte Madera; and William Murphy, Punta de los Reyes,
as Overseers.

  During the session of 1861-2 the Legislature passed a law for the organization
of townships, regulating the powers and duties thereof, and desiring that the
same should be submitted to the vote of the people. This law made each township
a corporate body, the powers of which were vested in three Trustees, with the
same or similar powers as those had by the Board of Supervisors. A similar set
of officers were to be elected for each township, to perform the duties thereof,
under this law, as were elected for the whole county, with the exception of a
County Judge, District Attorney and Sheriff. Each township became in all
important, affairs a county, with county powers, county officers, and county
expenses. In the place of one tax-collector and one assessor, by this
arrangement the county would have these officers for each of the townships, and
the expenses of the county be increased eight-fold.

  On June 13, 1866, the boundaries of the several townships were rectified and
new election precincts established, but our space will not admit of our
following these changes to their present limits. For full particulars of these
we would refer the reader to the most excellent county map compiled in 1873 by
County Surveyor Austin, and other official records. It may be mentioned,
however, that on the 7th of August of that year San Quentin was established as
an election precinct for the convenience of the officers of the State Prison.

  POSTOFFICES.-One of the first signs of a thorough county organization is the
establishment throughout its length and breadth of a system to facilitate the
transmission of correspondence from point to point; to attain this object is the
cause of postoffices. To set at rest any doubt which may remain in the minds of
the residents of Marin as to who were the first postmasters at the different
stations in the county, the accompanying information has been most courteously
furnished us by the Postoffice Department at Washington: "Postoffice Department,
office of the First Assistant Postmaster-General, Washington, D. C. Alley, Bowen
& Co., San Rafael, Marin Co., Cal.-Your communication of the 28th ultimo, in
which you ask for the date of the establishment of the postoffices, and their
respective postmasters to date in Marin county, California, has been received at
this Department. Please find the following in answer to such inquiry, as found
recorded in the books of this Department. Respectfully, James H. Marr. For First
Asst. Postmaster General."

Office              Postmaster          Established      Discontinued    
Re-Established
San Rafael          Moses Stoppard      Nov. 6, 1851
Punto de los Reyes  Timothy L. Andrews  Oct. 11, 1853    March 30, 1855
Tomales             Valentine Bennett   April 12, 1854
Novato              Henry F. Jones      Feb. 2, 1856     Jan. 14, 1860
San Quentin         D. W. Robinson      Jan. 31, 1859    Dec. 13,1859     April
25, 1862
Olema               Benj. T. Winslow    Feb. 28, 1859
Preston             Robert J. Preston   Feb. 10, 1863    Nov. 12, 1866
Bolinas             Henry Cleever       June 3, 1863
Black Point         Joseph B. Sweetser  Jan. 11, 1865
Saucelito           John Schnell        Dec. 12, 1870
Nicasio             Hiram F. Taft       April 13, 1871
Marshall            Eugene L. White     Feb. 6, 1872
Angel Island        Charles Mellow      Jan. 28, 1875
Hamlet              Eder H. Herald      June 2, 1876
Corte Madera        Edward H. Eastman   May 16, 1878     March, 1880
Fairfood            Richard Keating     Aug. 26, 1879    Dec. 26, 1879





  COURT HOUSE.-Before the organization of the State into counties, the alcaldes
were wont to meet in the old mission at San Bafael, to settle legal disputes
which may have then arisen between the few settlers who had found their way into
Marin. On the completion of the organization, a hall iii the mission known as
the Juzgado, was, in December 1851, directed to be used, and there the courts
were held until 1853, when the tribunals were transferred to the house
originally erected by-Don Timoteo Murphy. On February 10, 1872, this building
was sold by Sheriff Austin, under order of the Board of Supervisors, and
purchased by Isaac Shaver for the sum of fifty dollars. On February 14, 1872,
the Board of Supervisors ordered the issuance and sale of "Court House Bonds,"
for the purpose of building a Court House and jail for Marin county; on March
26, such a sale was held and the bid of Woods & Freeborn accepted, at
ninety-eight and three-fourths cents, amounting in the aggregate to fifty-nine
thousand, two hundred and fifty dollars. For the location of the building many
offers were made, proposals being received from proprietors in all parts of the
town of San Rafael and suburbs. The site chosen by the Supervisors, however, was
that embodied in the annexed proposal:-

                                       SAN RAFAEL, March 27,1872. 
To the Supervisors of Marin County.
  GENTLEMEN:-If you select the Heuston Block for the Court House, we will pay
into the County Treasury any deficit between the price (twelve thousand dollars)
for that block, and what the old site may realize upon sale, we to be consulted
as to the subdividing of the latter.
                                     F. H. PRATT,
                                     A. LEE,
                                     JOHN H. SAUNDERS,
                                     WM. T. COLEMAN, 
                                     WM. J. MILLER.

  Plans, specifications and estimates were at once advertised for, and a premium
of two hundred dollars offered for such plan as should be adopted by the Board
of Supervisors. On April 9th the lot was conveyed to the Supervisors by H. M.
Heuston for twelve thousand dollars; on the 10th the premium for plans and
specifications was awarded to E. F. Raun of San Francisco, and, on the 13th,
sealed proposals for the construction were called for. May 18th the bid of M.
Miles & Co., for fifty-one thousand dollars was accepted, Kenetzer & Raun,
architects, appointed agents for the Board of Supervisors during construction;
and on the 23d, Miles & Fell filed their contract with sufficient sureties that
were accepted. On June 4th, the contract mentioned above was rescinded on
account of an error in record; on the 5th the following entry is found in the
records: "Through the failure of Miles & Co. to fulfill the terms of the order
of the Supervisors, viz: That if Contract was not, within five days from May 18,
1872, signed and executed to the satisfaction of the Chairman of the Board of
Supervisors, that the bid of A. J. Fitzpatrick should be accepted." This tender
was consequently taken, provided he, with two sureties, should within three days
sign and execute a contract on approved form. On June 6th, A. J. Fitzpatrick,
John Cox, John Center and J. B. Piper executed the said contract, and the Board
of Supervisors accepted it. The building was proceeded with, the corner stone
being laid August 3, 1872, and to-day Marin has reason to be proud of her
elegant County building.

  THE POLITICAL HISTORY OF MARIN COUNTY.-Prior to the acquisition of California
by the Government of the United States, the large District of Sonoma, which
included all the territory between the Sacramento river and the ocean on the one
hand, and Oregon and the Bay of San Francisco on the other, was under the rule
of the Mexican Government, and divided into Prefectures, amenable to a Grand
Council at Sonoma, the holders of office being designated by the Spanish name of
Alcalde.

  The first civil officers in Marin, of whom we can gain any exact information,
were Ygnacio Pacheco and Alferes Damas, who held the positions of First and
Second Alcalde. These gentlemen were succeeded by William Reynolds and James
Black, who held court in the large hall of the Mission building. This was in the
year 1845. Between the years 1846 and 1849 the county remained under the control
of the military. Let us see what was the state of the political horizon during
that time. According to Tuthill-as to civil law, the country was utterly at sea.
It had a governor in the person of the - commandant of the military district it
belonged to, but no government. While the war lasted, California, as a conquered
province, expected to be governed by military officers who, by virtue of their
command of the Department, bore sway over all the territory that their
Department embraced. But after peace had come and the succession of military
governors was not abated, a people who had been in the habit of governing
themselves, under the same flag and the same constitution, chafed that a simple
change of longitude should deprive them of their inalienable rights.

  General Persifer F. Smith, who assumed command on arriving by the California,
the first steamship that reached San Francisco (February 28, 1849), and General
Riley, who succeeded him (April 13, 1849), would have been acceptable governors
enough, if the people could have discovered anywhere in the Constitution that
the President had power to govern a territory by a simple order to the
commandant of a military department. The power was obvious in time of war, but
in peace it was unprecedented. Left entirety to themselves, the people could
have organized a squatter sovereignty, as Oregon had done, and the way into the
sisterhood of States was clear.

  They felt that they had cause for complaint, but in truth they were too busy
to nurse their grievance and make much of it. To some extent they formed local
governments, and had unimportant collisions with the military. But, busy as they
were, and expecting to return home soon, they humored their contempt for
politics, and left public matters to be shaped at Washington. Nor was this so
unwise a course under the circumstances, for the thing that had hindered
Congress from giving them a legitimate and constitutional government was the
ever-present snag in the current of American political history, the author of
most of our woes, the great mother of mischief on the western continent-slavery.

  When it was found that Congress had adjourned without doing anything for
California, Brigadier General Riley, by the advice, he said, of the President
and Secretaries of State and of War, issued a proclamation, which was at once a
call for a Convention, and an official exposition of the Administration's theory
of the anomalous relations of California and the Union. He strove to rectify the
impression that California was governed by the military arm of the service; that
had ceased with the termination of hostilities. What remained was the civil
government, recognized by the existing laws of California. These were vested in
a Governor, who received his appointment from the supreme government, or, in
default of such appointment, the office was vested in the commanding military
officer of the department, a Secretary, a Departmental or Territorial
Legislature, a Superior Court with four judges, a Prefect and Sub-prefect and a
Judge of the first instance for each district, Alcaldes, local Justices of the
Peace, ayuntamientos, or Town Councils. He moreover recommended the election, at
the same time, of delegates to a Convention to adopt either a State or
Territorial Constitution, which, if acquiesced in by the people, would be
submitted to Congress for approval.

  In June 1849 a proclamation was issued announcing an election to be held on
the 1st of August, to appoint delegates to a general Convention to form a State
Constitution, and for filling the offices of Judge of the Superior Court,
prefects, sub-prefects, and First Alcalde or Judge of the first instance, such
appointments to be made by General Riley after being voted for. The delegates
elected to the Convention from the district of Sonoma were General Vallejo, Joel
Walker, R. Semple. L. W. Boggs was elected but did not attend.

  The manifesto calling the Constitutional Convention divided the electoral
divisions of the State into ten districts; each male inhabitant of the county,
of twenty-one years of age, could vote in the district of his residence, and the
delegates so elected were called upon to meet at Monterey, on September 1, 1849.
The number of delegates was fixed at thirty-seven, five of which were appointed
to San Francisco.

  As was resolved, the Convention met at Monterey on the date above named,
Robert Semple of Benicia, one of the delegates from the district of Sonoma,
being chosen president. The session lasted six weeks; and, notwithstanding an
awkward scarcity of books of reference and other necessary aids, much labor was
performed, while the debates exhibited a marked degree of ability. In framing
the original Constitution of California, slavery was forever prohibited within
the jurisdiction of the State; the boundary question between Mexico and the
United States was set at rest; provision for the morals and education of the
people was made; a Seal of State was adopted with the motto Eureka, and many
other matters discussed.

  In August General Riley issued commissions to Stephen Cooper, appointing him
Judge of First District, and C. P. Wilkins Prefect of the district of Sonoma,
while one of General Riley's last appointments before the adoption of the
Constitution, was that of Richard A. Maupin, well remembered among the
district's old residents, to be Judge of the Superior Tribunal, in place of
Lewis Dent, resigned. Another well known pioneer who was at the Convention from
Sacramento county was Major Jacob R. Snyder, a resident of Sonoma till his death.

  We find that the "Superior Tribunal of California" existed at Monterey in
1849; for, in September of that year a "Tariff of fees for Judicial Officers"
was published, with the following order of the Court: "That the several officers
mentioned in this order shall be entitled to receive for their services, in
addition to their regular salaries, if any, the following fees, and none others,
until the further order of this Court." Here is added a list of the fees to be
appropriated by Judges of the First instance, Alcaldes and Justices of the
Peace, clerks of the several courts, Sheriff or Comisario, District Attorney,
and Notaries Public.

  We have already said that Stephen Cooper was appointed Judge of First instance
for the District of Sonoma. He commenced his labors in that office in October,
1849, as appears in the early record of the proceedings of that Court extant in
the office of the County Clerk of Solano county. The record of one of the cases
tried before Judge Cooper is reproduced as an instance of the quick justice that
obtained in 1849:-

  "The people of California Territory vs. George Palmer-and now comes the said
people by right of their attorney, and the said defendant by Semple and
O'Melveny, and the prisoner having been arraigned on the indictment in this
cause, plead not guilty. Thereupon a jury was chosen, selected and sworn, when,
after hearing the evidence and arguments of counsel, returned into Court the
following verdict, to wit:-

  "The jury, in the case of Palmer, defendant, and the State of California,
plaintiff, have found a verdict of guilty on both counts of the indictment^ and
sentenced him to receive the following punishment, to wit:-

  " On Saturday, the 24th day of November, to be conducted by the Sheriff to
some public place, and there receive on his bare back seventy-five lashes, with
such a weapon as the Sheriff may deem fit, on each count respectively, and to be
banished from the district of Sonoma within twelve hours after whipping, under
the penalty of receiving the same number of lashes for each and every day he
remains in the district after the first whipping.
         "(Signed)                ALEXANDER RIDDELL, Foreman.

  " It is therefore ordered by the Court, in accordance with the above verdict,
that the foregoing sentence be carried into effect."

  The Constitution was duly framed, submitted to the people, and at the election
held on the thirteenth of November, ratified by them, and adopted by a vote of
twelve thousand and sixty-four for it and eleven against it; there being,
besides, over twelve hundred ballots that were treated as blanks, because of an
informality in the printing.

  We here reproduce two of the tickets which were voted at the time, and were
distributed in and around Sacramento and the upper portion of the State:-
  
PEOPLE'S TICKET.                    PEOPLE'S TICKET.

FOR THE CONSTITUTION.               FOR THE CONSTITUTION.

FOR GOVERNOR,                       FOR GOVERNOR,
John A. Sutter.                     Peter H. Burnett.

FOR LIEUTENANT-GOVERNOR.            FOR LIEUTENANT-GOVERNOR,
John McDougal.                      John McDougal.

FOR REPRESENTATIVES IN CONGRESS,    FOR REPRESENTATIVES IN CONGRESS,
William E. Shannon,                 Edward Gilbert,
Pet. Halsted.                       George W. Wright.

FOR STATE SENATORS,                 FOR STATE SENATORS,
John Bidwell, Upper Sacramento,     John Bidwell, Upper Sacramento,
Murray Morrison, Sacramento City,   Murray Morrison, Sacramento City,
Harding Bigelow, Sacramento City,   Harding Bigelow, Sacramento City,
Gilbert A. Grant, Vernon.           Gilbert A. Grant, Vernon.

FOR ASSEMBLY,                       FOR ASSEMBLY,
H. C. Cardwell, Sacramento City,    H. C. Cardwell, Sacramento City,
P. B. Cornwall, Sacramento City,    P. B. Cornwall, Sacramento City,
John S. Fowler, Sacramento City,    John S. Fowler, Sacramento City,
J. Sherwood,                        H. S. Lord, Upper Sacramento,
Elisha W. McKinstry,                Madison Waltham, Coloma,
Madison Waltham, Coloma,            W. B. Dickenson, Yuba,
W. B. Dickenson, Yuba,              James Queen, South Fork,
James Queen, South Fork,            Arba K. Berry, Weaverville.
W. L. Jenkin, Weaverville.


  The result of the election was: Peter H. Burnett, Governor; John McDougal,
Lieutenant-Governor; and Edward Gilbert and George W. Wright sent to Congress.
The district of Sonoma polled at this election but five hundred and fifty-two
votes, four hundred and twenty-four of which were for Burnett. Of the
representatives sent from Sonoma, General Vallejo went to the Senate, and J. S.
Bradford and J. E. Brackett to the Assembly. Some difficulty would appear to
have risen at this election, for Mr. R A. Thompson says: "General Vallejo's seat
was first given to James Spect, but on the twenty-second of December, the
committee reported that the official return from Larkin's Ranch gave Spect but
two votes instead of twenty-eight, a total of but one hundred and eighty-one
votes against General Vallejo's one hundred and ninety-nine." Mr. Spect then
gave up his seat to General Vallejo.

  We now produce the following interesting record of some of those who formed
the first California Legislature, not because it bears specially on our subject,
but as a matter of curiosity, interest and reference:-

  The following is from the Colusa Sun of April 26:

  Hon. John S. Bradford, of Springfield, Illinois, who was a member of the first
California Legislature, procured from some of his colleagues a short
biographical sketch. Thinking it might be a matter of interest to the people of
California at the present time, he sends it to us. We have the original
document, with the sketches in the handwriting of each member. Most of these
gentlemen have figured conspicuously in the history of the State since, but we
believe there are but few now living. Three of the sketches, Jose M.
Covarrubias, M. G. Vallejo, and Pablo de la Guerra, are written in Spanish, but
we have had them translated.

  Senators.-David F. Douglass-Born in Sumner county, Tennessee, the eighth of
January, 1821. Went to Arkansas with Fulton in 1836. On the seventeenth March,
1839, had a fight with Dr. Wm. Howell, in which H. was killed; imprisoned
fourteen months; returned home in 1842; immigrated to Mississippi; engaged in
the Choctaw speculation; moved with the Choctaws west as a clerk; left there for
Texas in Winter of 1845-46. War broke out; joined Hay's regiment; from Mexico
immigrated to California, and arrived here as wagoner in December, 1848.

  M. G. Vallejo-Born in Monterey, Upper California, July 7, 1807. On the first
of January, 1825, he commenced his military career in the capacity of cadet. He
served successively in the capacity of Lieutenant, Captain of Cavalry,
Lieutenant-Colonel, and General Commandant of Upper California. In 1835 he went
to Sonoma county and founded the town of Sonoma, giving land for the same. He
was a member of Convention in 1849 and Senator in 1850.

  Elcan Heydenfeldt-Born in Charleston, South Carolina, September 15, 1821;
immigrated to Alabama in 1841; from thence to Louisiana in 1844; to California
in 1849. Lawyer by profession.

  Pablo de la Guerra-Born in Santa Barbara, Upper California, November 29, 1819.
At the age of nineteen he entered the public service. He was appointed
Administrator-General "de la rentas," which position he held when California was
taken by the American forces. From that time he lived a private life until he
was named a member of the Convention which framed the Constitution of the State.
Represents the District of Santa Barbara and San Luis Obispo in the Senate.

  S. E. Woodworth-Born in the city of New York, November 15, 1815; commenced
career as a sailor, A. D. 1832. Sailed from New York March 9, 1834. Entered the
navy of the United States June 14, 1838. Immigrated to California, via Rocky
Mountains and Oregon, April 1, 1846. Resignation accepted by Navy Department,
October 29, 1849. Elected to represent the district of Monterey in the first
Senate of the First Legislature of California for the term of two years.

  Thomas L. Vermeule-born in New Jersey on the 11th of June, 1814; immigrated to
California November 12, 1846. Did represent San Joaquin District in the Senate.
Resigned.

  W. D. Fair-Senator from the San Joaquin District, California; native of
Virginia; immigrated to California from Mississippi in February, 1849, as
"President of the Mississippi Rangers;" settled in Stockton, San Joaquin
District, as an attorney at law.

  Elisha O. Crosby-Senator from Sacramento District; native of New York State;
immigrated from New York December 25, 1848; aged 34.

  D. C. Broderick-Senator from San Francisco; born in Washington City, D. C,
February 4,1818; immigrated from Washington to New York City, March, 1824; left
New York for California, April 17, 1849.

  E. Kirby Chamberlin, M. D.-President pro tem, of the Senate, from the District
of San Diego; born in Litchfield county, Connecticut, April 24, 1805; immigrated
from Connecticut to Onondaga county, New York, in 1815; thence to Beaver,
Pennsylvania, in 1829; thence to Cincinnati, Ohio, in 1842; served as Surgeon in
the U. S. A. during the war with Mexico; appointed Surgeon to the Boundary Line
Commission, February 10, 1840; embarked from Cincinnati, Ohio, February, 15;
arrived in San Diego, June 1, 1849, and in San Jose, December 12, 1849.

  J. Bidwell-Born in Chautauque county, New York, 5th of August, 1819;
immigrated to Pennsylvania; thence to Ohio; thence to Missouri; thence in 1841
to California; term in Senate one year.

  H. C. Robinson, Senator from Sacramento; elected November 15, 1849; born in
the State of Connecticut; immigrated at an early age to Louisiana; educated as a
lawyer, but engaged in commercial pursuits; arrived at San Francisco, February,
1849, per steamer California, the first  that ever entered said port.

  Benjamin S. Lippincott- Senator from San Joaquin; born in New York; immigrated
February, 1846, from New Jersey; by pursuit a merchant, and elected for two years.

  Assemblymen.-Elam Brown-Born in the State of New York, in 1797; emigrated from
Massachusetts in 1805; to Illinois in 1818; to Missouri, 1837; and from Platte
county, in Missouri, 1846, to California.

  J. S. K. Ogier-Born in Charleston, South Carolina; immigrated to New Orleans,
1845, and from there to California, December 18,1848.

  E. B. Bateman, M. D.--.Emigrated from Missouri, April, 1847; residence,
Stockton, Alta California.

  Edmund Randolph-born in Richmond, Virginia; immigrated to New Orleans, 1843;
thence to California, 1849; residence, San Francisco.

  E. P. Baldwin-Born in Alabama; emigrated from thence in January, 1849; arrived
in California, May 1, 1850; represents San Joaquin District; resides in Sonora,
Tuolumne county.

  A. P. Crittenden- born in Lexington, Kentucky; educated in Ohio, Alabama, New
York and Pennsylvania; settled in Texas in 1839; came to California in 1849;
represents the county of Los Angeles.

  Alfred Wheeler-Born in the city of New York, the 30th day of April, 1820;
resided in New York City until the 21st of  May, 1849, when he left for
California. Citizen and resident of San Francisco, which district he represents.

  James A. Gray, Philadelphia-Monterey, California; immigrated in 1846 in the
first New York Regiment of Volunteers.

  Joseph Aram-Native of State of New York; immigrated to California, 1846;
present residence, San Jose, Santa Clara county.

  Joseph C. Morehead-Born in Kentucky; immigrated to California in 1846; resides
at present in the county of Calaveras, San Joaquin District.

  Benjamin Cory, M. D.-Born November 12, 1822; immigrated to the Golden State in
1847; residence in the valley of San Jose.

  Thos. J. Henley-Born in Indiana; family now reside in Charlestown, in that
State; immigrated to California in 1849, through the South Pass; residence at
Sacramento.

  Jose M. Covarrubias-Native of France; came to California in 1834; residence in
Santa Barbara, and Representative for that district.

  Elisha W. McKinstry-Born in Detroit, Michigan; immigrated to California in
March, 1849; residence in Sacramento District, city of Sutter.

  George B. Tingley-Born August 15, 1815, Clermont county, Ohio; immigrated to
Rushville, Indiana, November 4, 1834; started to California April 4, 1849;
reached there October 16th; was elected to the Assembly November 13th, from
Sacramento district, and is now in Pueblo de San Jose.

  Mr. Bradford, himself, represents our (Sonoma) district in the Assembly.

  On Saturday, December 15, 1849, the first State Legislature met at San Jose,
E. Kirby Chamberlin being elected President pro tern, of the Senate, and Thomas
J. White, Speaker of the Assembly.

  In the year 1850, Senator M. G. Vallejo became convinced that the capital of
California should be established at a place which he desired to name Eureka, but
which his colleagues, out of compliment to himself, suggested should be named
Vallejo. To this end the General addressed a memorial to the Senate, dated April
3, 1850, wherein he graphically pointed out the advantages possessed by the
proposed site over other places which claimed the honor. In this remarkable
document, remarkable alike for its generosity of purpose as for its marvelous
foresight, he proposed to grant twenty acres to the State, free of cost, for a
State Capitol and grounds, and one hundred and thirty-six acres more for other
State buildings, to be apportioned in the following manner: Ten acres for the
Governor's house and grounds; five acres for the offices of Treasurer,
Comptroller, Secretary of State, Surveyor General, and Attorney-General, should
the Commissioners determine that their offices should not be in the Capitol
building; one acre to State Library and Translator's office, should it be
determined to separate them from the State House building; twenty acres for an
Orphan Asylum; ten acres for a Male Charity Hospital; ten acres for a Female
Charity Hospital; four acres for an Asylum for the Blind; four acres lor a Deaf
and Dumb Asylum; twenty acres for a Lunatic Asylum; eight acres for four Common
Schools; twenty acres for a State University; four acres for a State Botanical
Garden; and twenty acres for a State Penitentiary.

  But with a munificence casting this already long list of grants into the
shade, he further proposed to donate and pay over to the State, within two years
after the acceptance of these propositions, the gigantic sum of three hundred
and seventy thousand dollars, to be apportioned in the following manner: For the
building of a State Capitol, one hundred and twenty-five thousand dollars; for
furnishing the same, ten thousand dollars; for building of the Governor's house,
ten thousand dollars; for furnishing the same, five thousand dollars; for the
building of State Library and Translator's office, five thousand dollars; for a
State Library, five thousand dollars; for the building of the offices of the
Secretary of State, Comptroller, Attorney-General, Surveyor-General and
Treasurer, should the Commissioners deem it proper to separate them from the
State House, twenty thousand dollars; for the building of an Orphan Asylum,
twenty thousand dollars; for the building of a Female Charity Hospital, twenty
thousand dollars; for the building of a Male Charity Hospital, twenty thousand
dollars; for the building of an Asylum for the Blind, twenty thousand dollars;
for the building of a Deaf and Dumb Asylum, twenty thousand dollars; for the
building of a State University, twenty thousand dollars; for University Library,
five thousand dollars; for scientific apparatus therefor, five thousand dollars;
for chemical labratory therefor, three thousand dollars; for a mineral cabinet
therefor, three thousand dollars; for the building of four common school
edifices, ten thousand dollars; for purchasing books for same, one thousand
dollars; for the building of a Lunatic Asylum, twenty thousand dollars; for a
State Penitentiary, twenty thousand dollars; for a State botanical collection,
three thousand dollars.

  In his memorial, the General states with much lucidity his reasons for
claiming the proud position for the place suggested as the proper site for the
State Capitol. Mark the singleness of purpose with which he bases these claims:-

  "Your memorialist, with this simple proposition (namely, that in the event of
the government declining to accept his terms it should be put to the popalar
vote at the general election held in November of that year-1850), might stop
here, did he not believe that his duty as a citizen of California required him
to say thus much in addition-that he believes the location indicated is the most
suitable for a permanent seat of government for the great State of California,
for the following reasons: That it is the true center of the State, the true
center of commerce, the true center of population, and the true center of
travel; that, while the Bay of San Francisco is acknowledged to be the first on
the earth, in point of extent and navigable capacities, already, throughout the
length and breadth of the wide world, it is acknowledged to be the very center
between Asiatic and European commerce. The largest ship that sails upon the
broad sea can, within three hours anchor at the wharves of the place which your
memorialist proposes as your permanent seat of government. From this point, by
steam navigation, there is a greater aggregate of mineral wealth within eight
hours' steaming, than exists in the Union besides; from this point the great
north and south rivers-San Joaquin and Sacramento-cut the State longitudinally
through the center, fringing the immense gold deposits on the one hand, and
untold mercury and other mineral resouces on the other; from this point steam
navigation extends along the Pacific coast south to San Diego and north to the
Oregon line, affording the quickest possible facilities for our sea-coast
population to reach the State Capital in the fewest number of hours, This age,
as it has been truly remarked, has merged distance into time. In the operations
of commerce and the intercourse of mankind, to measure miles by the rod is a
piece of vandalism of a by-gone age; and that point which can be approached from
all parts of the State in the fewest number of hours, and at the cheapest cost,
is the truest center.

  "The location which your memorialist proposes as the permanent seat of
government is certainly that point.

  "Your memorialist most respectfully submits to your honorable body, whether
there is not a ground of even still higher nationality; it is this:- that at
present, throughout the wide extent of our sister Atlantic States, but one
sentiment seems to possess the entire people, and that is, to build in the
shortest possible time, a railroad from the Mississippi to the Bay of San
Francisco, where its western terminus may meet a three weeks' steamer from
China. Indeed, such is the overwhelming sentiment of the American people upon
this subject, there is but little doubt to apprehend its early completion. Shall
it be said, then, while the world is coveting our possession of what all
acknowledge to be the half-way house of the earth's commerce-the great Bay of
San Francisco-that the people of the rich possessions are so unmindful of its
value as not to ornament her magnificent shores with a capital worthy of a great
State?"

  Upon receipt of General Vallejo's memorial by the Senate, a committee composed
of members who possessed a thorough knowledge of the country comprised in the
above quoted document, both geographical and topographical, were directed to
report for the information of the President, upon the advantages claimed for the
location of the capital at the spot suggested in preference to others. The
report in which the following words occur, was presented to the Senate on April
2, 1850:-"Your committee cannot dwell with too much warmth upon the magnificent
propositions contained in the memorial of General Vallejo. They breathe
throughout the spirit of an enlarged mind and a sincere public benefactor, for
which he deserves the thanks of his countrymen and the admiration of the world.
Such a proposition looks more like the legacy of a mighty Emperor to his people
than the free donation of a private planter to a great State, yet poor in public
finance, but soon to be among the first of the earth."

  The report which was presented by Senator D. C. Broderick of San Francisco,
goes on to point out the necessities which should govern the choice of a site
for California's capital, recapitulates the advantages pointed out in the
memorial, and finally recommends the acceptance of General Vallejo's offer. This
acceptance did not pass the Senate without some opposition and considerable
delay; however, on Tuesday, February 4, 1851, a message was received from
Governor Burnett, by his Private Secretary, Mr. Ohr, informing the Senate that
he did this day sign an Act originating in the Senate entitled "An Act to
provide for the permanent location of the Seat of Government." In the meantime
General Vallejo's bond had been accepted; his solvency was approved by a
committee appointed by the Senate to inquire into that circumstance; the report
of the commissioners sent to mark and lay out the tracts of land proposed to be
donated was adopted, and on May 1, 1851, the last session of the Legislature at
San Jose was completed; but the archives were not moved to the new seat of
government at Vallejo then, the want of which was the cause of much
dissatisfaction among the members.

  The Legislature first sat at Vallejo on Januarys, 1852, but there was wanting
the attraction of society which would appear to be necessary to the seat of
every central governinent. With these Sacramento abounded, from her proximity to
the mines. The Assembly therefore, with a unanimity bordering on the marvelous,
passed a bill to remove the session to that city, ball tickets and theater
tickets being tendered to the members in reckless profusion. The bill was
transferred to the Senate and bitterly fought by the Hons. Paul K. Hubbs and
Phil. A. Roach. The removal was rejected by one vote. This was on a Saturday,
but never was the proverb of we "know not what the morrow may bring forth," more
fully brought to bear upon any consideration. Senator Anderson it is said passed
a sleepless night, through the presence of unpleasant insects in his couch; on
the Monday morning he moved a reconsideration of the bill; the alarm was sounded
on every hand, and at 2 P. M. on January 12, 1852, the Government and
Legislature were finding its way to Sacramento by way of the Carquinez Straits.
On March 7, 1852, a devastating flood overwhelmed Sacramento, and where they had
before feared contamination, they now feared drowning. The Legislature adjourned
at Sacramento May 4, 1852, the next session to be held at Vallejo. On January 3,
1853, the peripatetic government met again at Vallejo, whither had been moved in
May, the archives and State offices. Once more the spirit of jealousy was
rampant; Sacramento could not with any grace ask for its removal back thither;
but she, working with Benicia, the capital was once more on wheels and literally
carted off to the latter town for the remaining portion of the session, when a
bill was passed to fix the capital of the State at Sacramento, and thereafter
clinched by large appropriations for building the present magnificent capitol
there. The last sitting of the Legislature was held on February 4, 1853, when it
was resolved to meet at Benicia on the 11th of the month, the vote then taken
being as follows: Ayes-Messrs. Baird, Denver, Estill, Hager, Hubbs, Hudspeth,
Keene, Lind, Lott, Lyons, McKibben, Roach, Smith, Snyder, Sprague, Wade,
Wombough-17. Nays - Crabb, Cofforth, Foster, Gruwell, Ralston, Walkup-6.

  But to return to our particular subject. During the first session at San
Jose', but little was done beyond dividing the State into counties, and
organizing their governments. At this time, Robert Hopkins was elected District
Judge and Assemblyman, J. E, Brackett, Major-General of the second division of
militia. Mr. Hopkins, who with the Hon. George Pearce had been appointed a
committee to visit the capital in order to prevent, if possible, the
establishment of a boundary line which would include the Sonoma valley in Napa
county, was a resident lawyer of Sonoma. On arrival at San Jose, the question of
appointing a Judge for the Sonoma district was attracting attention, and the
only candidate was W. R. Turner, who though a gentleman of capabilities, did not
reside there, and probably had never visited the spot. Pearce proposed to
Hopkins to run for the office; he allowed himself to be put in nomination, and
he beat Turner, who knew not of opposition, just as he was putting forth his
hand to seize the prize. The vote was unanimous for Hopkins, and Turner received
some other district. Thus we see how narrow was the escape which Marin had at
the outset of receiving a District Judge, who was utterly unknown to her
residents. Pearce went to San Jose for one purpose and accomplished another,
while Hopkins came back a full-fledged Judge of a most important district.

  The State of California was admitted into the Union on September 9, 1850, and
on January 6, 1851, the second Legislature met at San Jose. Martin E. Cook, at
this session, represented the Eleventh Senatorial district, which was composed
of the counties of Sonoma, Solano, Napa, Marin, Colusa, Yolo, and Trinity-in
short all that territory west of the Sacramento river, while in the lower house,
this county in conjunction with Napa, Sonoma and Solano, was represented by John
A. Bradford and A. Stearns.

  On September 3, 1851, the first gubernatorial election was held under the new
order of things. In this contest, John Bigler, who received twenty-three
thousand seven hundred and seventy-four votes in the State, against twenty-two
thousand seven hundred and thirty-three, got by P. B. Redding, his Whig
opponent, had the assistance of that new power which had commenced to creep into
the State, in the shape of the squatting element. He was democratic in his
manners, being "hale-fellow" with all. Not so his opponent, who was a gentleman
of more genteel bearing than the kind-hearted, unambitious, landless Governor,
who was always mindful of his friends. Bigler, in all his messages, urged
economy, but found it difficult to prevent an office being made for a friend.
Tuthill remarks: "It was his pet project to unite the Southern and Western men
of his party, and let the free-soilers shift for themselves; but it is not in
that direction that party cleavage runs. The Southerners scorned the alliance.
They were 'high-toned,' and looked down upon a Missourian as little better than
a man from Massachusetts. The Governor's project would not work. He carried
water on both shoulders and spilt very little on either side."

  Let us now return to the records of Marin county.

  By an Act of the Legislature, passed February 18, 1850, the county under
notice was directed to be attached to Sonoma for Judicial purposes. By the Act
of March 11, 1851, she was, with Sonoma, Solano, Napa and Mendocino, organized
into the Seventh Judicial District; on May 1st, of the same year, with the
counties of Mendocino and Sonoma, Marin was established as the Nineteenth
Senatorial District to elect one Senator jointly, Marin and Mendocino sending
one member to the Assembly, while by the Act of May, 1853, these counties were
reorganized into the Eleventh Senatorial District. The last-mentioned
arrangement would appear to have remained in force until May 18, 1861, when the
Tenth Senatorial District was formed out of Marin and Contra Costa counties,
these having the power to elect one Senator and each of them one Member of
Assembly, the former of whom was allotted as being of the first class in
accordance with the Act of the Legislature dated April 27, 1863. Once more,
March 16, 1874, the District was re-numbered to the Fifteenth, while on March
29, 1876, the "Act to create the Twenty-second Judicial District" was passed, it
being composed of Marin, Sonoma and Mendocino counties. The appointee, until the
next general election being Jackson Temple, a gentleman whose reputation as a
jurist is second to none. Under this appointment Judge Temple served two years,
and succeeded himself, having been elected at the regular judicial election,
without opposition, for a full term of six years. He had served only two years
of this term when the New Constitution was adopted. Under its provision the
Courts were reorganized, the County and District Courts were abolished and
Superior Courts created, and now the last Judge of the District Court, wherein
was included this county, is Superior Judge of the adjoining one of Sonoma, an
office to which he was elected without regard to party, by the largest majority
of any candidate on the county ticket; thus we have traced the District Court
from its incipience and the election of Robert Hopkins as Judge, to its
abolition with Judge Jackson Temple on the Bench.

  On July 22, 1850, the County Judge and Justices of the Peace for Marin met at
San Rafael for the purpose of electing Associate Justices and organizing the
Court of Sessions, the result of the meeting being that James A. Shorb, County
Judge, James Black and George Milewater, Associate Justices, and William F.
Mercer were called upon to form that august body. At the same session, upon
organization, instructions were given to the Sheriff to procure suitable
accommodations wherein the Court should hold their sittings; the necessary books
were ordered to be purchased for the use of the Court and directions given to
open proposals for the construction of a jail of the following dimensions: "Log
fifteen by fifteen, hewed on one side-of size to square a foot, building twelve
feet high to the eaves. Inside of the building to be lined with one and one-half
inch plank. The flooring to be of three-inch plank-sills to be of square timber
twelve by twelve inches- one oak door strongly barred and locked-out of double
one and one-half inch planks-two windows twelve by eighteen, secured by one-inch
square iron bars-good shingle roof-one iron bar to go across the house, one and
one-quarter inch in diameter-two staples or eye-bolts." The sum of three hundred
dollars for incidental expenses was directed to be obtained from Treasurer, and
former Alcalde Reynolds, while vendors of goods, liquors and merchandise were
called upon to appear to obtain the necessary licenses for conducting their
business. These were granted to the following applicants on August 14: F. J.
Hoover, W. F. Parker, Charles Hill, Leonard Story, John A. Davis, John Pinkston,
(a colored man), James Miller, George Mile-water and John Morton. The State tax,
and also one-quarter per cent, for public buildings and one-quarter per cent,
for county purposes was ordered to be levied upon the real and personal property
in the county, together with three dollars poll-tax, also leviable for the like
uses. On October 14 1850, we find Captain J. B. R. Cooper and Don Antonio Osio
complaining of the assessment made on their property. The Court of Sessions
maintained, however, that "in view of the expenses of the county, and the
percentage to be paid to the State, it was inexpedient to curtail the assessment."

  On June 9, 1851, we have the first record of a Jury being empaneled. The cause
which they were brought together to try is filed as that of The State of
California versus James Agnew; their names as handed down were S. B. Harris,
.foreman, A. W. Taliaferro, Thomas Meaux, J. L. Poindexter, James Harris and T.
Mahon; while, on September 30, we find the following Grand Jury summoned: Simon
B. Harris, J. Minge, A. W. Taliaferro, W. S. Parker, Timothy Mahon, Timothy
Murphy, W. Johnson, J. Carroll, Wm. Urquhart, James Miller, John Knight, W. N.
Boggs, Daniel Frink and William R. Wells. These names are here reproduced more
that the memory of the old pioneers may be refreshed, than that their having
served on a Grand Jury is a matter of political significance. In the month of
December of the same year the room in the mission building known as the juzgardo
was directed to be henceforward used as the Court House and official offices,
and at the same time the undermentioned places were ordered to be opened as
election precincts: The Court House in San Rafael; the house of George Milewater
in Saucelito; the residence of Rafael Garcia in Bolinas, and that of George
Brewer in Novato.

  In the month of September, 1851, Messrs. Walter Skidmore, and J. H. Shelton
were admitted to the practice of law in the Court of Sessions.

  Thus was the working of the Executive of Marin county started. Let us glance
at the amount the carrying on of the public offices cost at this period. On
April 24, 1852, we find the following entry of estimated expenses for that year:
Expenses of County and Judicial officers, seventeen hundred dollars; Sheriff,
Jail, and Clerk, twelve hundred dollars; and other contingent expenses making
the probable cost in the aggregate to be nearly four thousand dollars.

  In accordance with the provisions of an Act of the Legislature, passed May 3,
1852, the Board of Supervisors for Marin county organized on December 20th of
that year by the election of T. F. Peck, Chairman, there being also present
Supervisors E. T. Whittlesey and H. S. Baechtel. The above act was subsequently
abolished by the action of the Legislature on March 18, 1854, when the duties
reverted to the Court of Sessions.

  By an Act, approved March 8, 1855, David Clengan, recently appointed and
commissioned Sheriff* of Marin county, in place of J. T. Stocker, who had
absconded from the State, was authorized to collect the taxes.

  February 28, 1856, tenders were called for the erection of a Court-house, and
early in the following year J. H. Haralson, G. W. Vischer and Daniel T. Taylor
were appointed a committee to confer with T. Mahon in respect to the purchase or
leasing the adobe building which, stood on the site now occupied by the banking
establishment of Oliver Irwin, for that purpose.

  On November 3, 1857, the following entry is found in the Supervisoral records:
" The Board of Supervisors of Marin county having had under consideration and
investigation the official conduct and affairs of G. N. Vischer, late Sheriff of
Marin county, hereby resolved, 

   " First, That the District Attorney of said county, in obedience to the law
is hereby instructed and directed to bring to the notice of the next Grand Jury
of Marin county the criminal conduct of said Vischer in the discharge of his
official duties as late Sheriff of said county.

  " Second, That the Attorney General of said State be respectfully requested to
render his assistance and advice to the District Attorney of said county in the
prosecution of any suits, civil and criminal, instituted against said Vischer.

  " Third, That the District Attorney be requested to commence immediately a
civil suit against said late Sheriff of said county, after advice and
correspondence with the Attorney-General of said State, if he so advises.

  " Fourth, That Dr. Paul D'Heirry, one of the Supervisors of Marin county, be
authorized by said Board to employ, at the expense of the county, a lawyer to
assist said District Attorney in the prosecution of any suits against said G. N.
Vischer that may be instituted.

  "Fifth, That the Board of Supervisors of said county shall hold a special
meeting of said Board at San Rafael, on the second Monday of December next, to
hear a report on the above resolutions, and to make new resolutions if necessary.

  "Sixth, That Dr. Paul D'Heirry, one of the members of this Board, be delegated
to overlook a strict prosecution of said suit."

  In reference to the above, Shafter, Park and Heydenfelt were employed, at an
expense of two thousand dollars, to prosecute Vischer, but with what result does
not appear; at any rate it would seem that the issue was not in accordance with
the views of the Board of Supervisors, as the following minutes of May 18, 1858,
will make clear:-

  "When the Board of Supervisors of Marin county accepted office it hoped to
give an impulse to the county-an impulse that up to this day it has failed to
have, leaving the county far in arrears, notwithstanding the immense natural
advantages that it possesses. The Board of Supervisors were decided to stop at
no personal consideration or sacrifice whatever, at putting an end to that
uninterrupted series of pillage of which the County Treasury has been the
victim, and which has swallowed up so many thousands of dollars.

  "The Board of Supervisors were decided to require punishment for the past to
assure the present and to protect the future, and to do this energetically,
without hesitation or pity, or taking into consideration relatives or
friendships, and fearless of enmity and revenge-and the Board has done its duty.

  "The Board of Supervisors, in fine, wished, by means of an upright and wise
administration, to abolish debt, to reduce the enormous taxes that weigh so
heavily on the county, to execute those works of public utility, of which wealth
and prosperity are the offspring, and, in fact, to support every improvement
having for its object the general interests-all this was calculated and possible.

  "But to succeed it was necessary that the Board should be supported by an
intelligent, firm and upright judicial power disposed to cause the laws to be
respected against offenders whoever they might be-now the Board has been from
the very beginning.stopped by an impassable barrier.

  " WHEREAS, The Board of Supervisors only accepted its painful functions with a
view to the public interest, and that each member of the Board values little,
personally, an employment that is in reality all sacrifice and self-devotion.

  "WHEREAS, The Board of Supervisors has taken all the measures that censure
suggested to punish the plunder of the Treasury and to put the county in the way
of improvement and prosperity.

  "WHEREAS, The Board of Supervisors has not found in the Court and the jury
that support which it had a right to expect.

  "WHEREAS, That want of power and forced inaction render the Board of
Supervisors not only useless, but even hurtful, insomuch as that in remaining at
its post the Board of Supervisors appears to exercise its right of investigation
and supervision, whilst these same rights of investigation and supervision are
completely paralyzed and can only serve to cover and give the appearance of
legality to fraud and robbery.

  "WHEREAS, This want of power in the Board of Supervisors, sanctioned by
perpetual impunity, is an encouragement to pillage and to a violation of the
law, and that the probity of some of the actual officers of the county would
only be a momentary security.

  "WHEREAS, The Board of Supervisors cannot by its silence render itself an
accomplice to such a state of things and cannot in any case accept the position
in which it is placed.

  "THEREFORE, With unanimity the Board of Supervisors of Marin county resign.
                                        P. D. HEIRRY, Chairman.

  "Oliver Allen not being present on account of sickness, concurs with the Board
by letter to the above resignation.
                                       P. D. HEIRRY, Chairman.
                                     " DANIEL T. TAYLOR, Clerk."

  In the Marin County Journal, dated February 22, 1862, the following remarks in
regard to a contested election appear:-

  "The Committee on Elections to whom was referred the case of Alexander Gordon,
contesting the election of Archibald McAllister as member of the Assembly from
Marin county, beg leave to report:-

  "That they have carefully examined a large mass of documentary evidence
submitted by the contesting parties, for the purpose of proving that illegal
votes were cast for members of Assembly in Marin county at the last general
election.

  "It is alleged by the contestants, that a number of illegal votes were east,
chiefly at the Gallinas precinct, in consequence of which Archibald McAllister
was declared by the proper authority to be duly elected a member of the Assembly
from Marin county. It appears by the poll list, and is also proved by
depositions submitted in evidence, that only seventy-two persons in all voted at
the Gallinas precinct at the last general election.

  "The testimony also shows conclusively that only seventy-two persons voted at
said precinct for members of Assembly; that of these sixty-nine voted for
McAllister, and three voted for Gordon; and that no votes were cast for any
other person for member of Assembly.

  "The evidence shows who the three persons were who voted for Mr. Gordon. Hence
it follows that as only seventy-two persons voted at the Gallinas precinct, and
as seventy-two votes were for member of Assembly at said precinct, other than
the three votes cast for Mr. Gordon, must, of course, have been cast for Mr.
McAllister.

  " It appears from the evidence that of the three votes cast at said precinct
for Mr. Gordon, one was illegal; and that, besides these, there were fourteen
votes for member of Assembly, which as before shown, must have been cast for
McAllister.

  " Besides that, it is shown, there were seven illegal votes polled at other
precincts of which three were cast for McAllister and four for Mr. Gordon. Other
illegal votes were proved to have been cast at other precincts, but as the
committee were not able from the evidence, to determine for whom they were cast,
they were set down as doubtful, from the number of illegal votes clearly proved
to have been cast for McAllister, thereby giving to him the benefit of all
illegal votes set down as doubtful, the result shows that Mr. McAllister
received twelve illegal votes and Mr. Gordon five.

  " By rejecting all the illegal votes proved to have been cast for each of the
contesting parties, from the whole number of votes cast for them, as shown by
the official returns, the committee find that the number of legal votes cast for
each of the parties were as follows: For Archibald McAllister, five hundred and
seven votes; for Alexander Gordon, five hundred and thirteen: giving Mr. Gordon
a majority of six legal votes over Mr. McAllister.

  " A question appears by the evidence to have been raised in reference to one
vote offered at the Novato precinct, after the polls were closed-it being
contended that the sun had not set, that the light was yet shining on a high
hill some two miles distant.

  " The officers of the election decided that it was already sun-down and
refused the vote, which is shown would have been cast for Mr. McAllister. Should
it be deemed proper to count this vote for him, Mr. Gordon would still have a
majority of five legal votes over Mr. McAllister. All of which is respectfully
submitted. Tilton of San Francisco, Chairman; John Yule, C. Maclay, C. B.
Porter, Edward. Evey. I concur in the foregoing report as it-goes, but think it
should be stated that both parties were prevented from taking further testimony
because of the expiration of the committee. G. W. Seaton."

  It is also on record that during the session of the Legislature above noted,
the following amendments to .the Constitution were proposed:-

  Article IV of the Constitution to be so amended as to provide for sessions of
the Legislature every two years, instead of every year as was then the custom.
This would, of course, have necessitated the extension of the terms of office-of
the Senators to four, and of the Representatives to two years. No officer,
however, was to be superseded by the action of this amendment It was intended
that the other provisions of the article should remain intact.

  Article V to be so amended as to increase the terms of office of the Governor,
Lieutenant Governor, Controller, Treasurer, Attorney General3 and Surveyor
General to four years instead of two. The Secretary of State to be elected by
the people instead of being appointed by the Governor, by and with the consent
of the Senate.

  Article VI to remodel the judiciary system. The Supreme Court to-consist of
five members instead of three. The election of Justices of the Supreme Court to
be separated from the election of other officers. These to hold office for the
term of ten years. The number of District Judges to be reduced to fourteen. The
jurisdiction of the latter to be limited to cares involving over three hundred
dollars. The jurisdiction of Justices of the Peace to be increased to that amount.

  Article XI. The term of the Superintendent of Instruction to be increased to
four years.

  It is always a pleasing duty to chronicle the conferring of any distinction
upon a distinguished public servant, for this reason the following words find
place in these pages:-

  On November 4, 1862, the practicing lawyers of San Rafael, Thomas H. Hanson in
the chair, and James McM. Shafter, Secretary, offered the accompanying
resolutions upon the resignation of Judge E. W. McKinstry from the Bench of the
Seventh Judicial District.

  "Resolved. That in hearing of the contemplated resignation of the Honorable E.
W. McKinstry, Judge of the Seventh Judicial District of this State, we are
affected with a deep and common regret. We deem it proper to leave this enduring
testimonial of our respectful estimation for the judicial character of Judge
McKinstry, and of our grateful appreciation for his urbanity and kindness to us
personally.

  "Resolved, That we tender to Judge McKinstry our heartiest wishes for his
future prosperity, and request he would be pleased to order these resolutions
spread upon the minutes of the court."

  "In presenting these resolutions, Mr. Shatter proceeded to say: "May it please
the Court:-The members of the Bar now present have practiced in the tribunal
over which you have presided for several years past. While some of us are yet
young, others have been a quarter of a century familiar with courts, and have
had enlarged opportunity for comparisons of judicial character and conduct.

  "We do not therefore think it egotistical when we claim for the conclusion
expressed in the resolutions, which the Bar has honored me with the duty of
presenting, that full credence which belongs to the judgment of those competent
to pass upon judicial character.

  "In parting from you, sir, it is a happiness to us all that our intercourse
has been disturbed by no scene, which sometimes occurs between court and
counsel, whose arrogance and captiousness upon one side is met by impertinence
and surly insubordination upon the other.

  "It is a source of great satisfaction to us, that in these friendly contests,
which occurs, where an opinion has been subordinate to that of the court,
nothing has been done to wound our self-respect, or to degrade our profession in
the opinion of the community at large. For this we thank you, and may well say
these thanks are due alike to the man and magistrate; for if we have sometimes
succeeded in maintaining our opinions against the court, we have often found
ourselves in the wrong.

  "Coming as you did, so early upon the bench, and having deliberately concluded
to withdraw from it, it is natural for us to conclude that you have not found it
a place bestowing that unmixed satisfaction which aspirants for office expect to
find when they have attained it, nor that the emoluments of your position are
such as you might reasonably demand. You may feel that you have not done all
that you desired, and the reflection may have had its weight in inducing your
resignation.

  " Allow us, sir, whose minds are uninfluenced by such personal considerations,
to assure you that the magistrate, with your constitutional powers, who has for
a series of years held the scales of justice even, and whose departure is
received with such universal regret, both by the bar and suitors in the court,
as is yours, has no just right to regard his judicial life as any other than
useful and honorable.

  " Permit us, sir, to assure you that the opinions and wishes avowed in these
resolutions, are no merely formal expressions of idle courtesy. You may well
believe that the gentlemen around me, who have never failed to assert themselves
in this forum, would not join in an insincere expression of respect. to an
authority about to terminate. We must labor here, devoted to the labors and the
meagre rewards of our profession, you dismissed to a wide, and in part, more
profitable field, will carry with you these our assurances of respect and
earnest wishes for your prosperity."

  At the conclusion of the above eloquent remarks of Mr. Shafter, Judge
McKinstry made a feeling and most appropriate reply, thanking the Bar of Marin
county for their many kind expressions.

  In the month of January, 1863, we find that the removal of the County Seat was
under consideration; in fact the measure had been the subject of discussion ever
since the organization of the county. An attempt had been made ten years before
to transfer it from San Rafael, but it failed for the lack of the legal number
of petitioners. Tomales, Novato, Nicasio and Olema had been advocated as
suitable locations by the people of those places. The first, however, was
considered to be too remote, while the other towns each had their supporters,
but it was then considered doubtful by the larger-portion of the citizens, if
any benefit would be served by a removal from San Rafael. The choice was,
however, left to the voters at the general election held in September of that
year, when the state of the polls was? For removal, two hundred and ninety
votes. Against removal; six hundred and twenty-five; majority against removal,
three hundred and thirty-five votes. Once more, in 1866, a bill providing for
the relocation of the County Seat of Marin, passed .both branches of the
Legislature, but from the fact of San Rafael being still endowed with that
honor, it is to be presumed that the advocates of the measure had again been
doomed to disappointment.

  On August 3, 1863, under the provisions of an Act of the Legislature, approved
April 27, 1863, the Board of Supervisors apportioned the county for the
selection of Grand and Trial Jurors as under: San Rafael township, two hundred
and ninety-three votes, and forty-four jurors; Tomales township, one hundred and
ninety votes, and twenty-nine jurors; Bolinas township, one hundred and
sixty-three votes, and twenty-six jurors; Saucelito township, one hundred and
twenty-eight votes, and twenty jurors;' San Antonio township, fifty-five votes,
and nine jurors; Novato township, fifty-four votes, and nine jurors; Nicasio
township, forty-three votes, and seven jurors; Point Reyes township, thirty-six
votes, and six jurors, making a grand total for the county on that date of nine
hundred and sixty-two votes and one hundred and fifty jurors.

  In the year 1865, a project was mooted whereby Marin should be joined to a
portion of Sonoma and thus one county formed. On this side of the line it found
no favor, the advocates for such a change being found in Petaluma, a city which
had an eye to prospective capital honors. Happily the scheme was thwarted and
the two counties permitted to remain as had been originally intended upon the
division of the State.

  The following entry is found under date, May 9, 1866:-

  "WHEREAS, An Act was passed by the Legislature of the State of California,
approved by the Governor of said State, on the second day of April, A. D. 1866,
entitled 'An Act to provide for the relocating the county seat of the county;'
and whereas, pursuant to the provisions of said act a petition has been
presented to the Board of Supervisors of said county, at this their regular May
meeting, signed by six hundred and sixty persons; and

  "WHEREAS, It appears to the satisfaction of the Board of Supervisors, from a
careful examination of said petition, that a number of legal voters of said
county equal to a majority of the number of votes cast in said county at the
last preceding general election for State and county officers have signed said
petition.

  "It is therefore ordered by the Board of Supervisors that Monday, the
twenty-fifth day of June, A. D. 1866, be, and the same is hereby fixed and
appointed as the day for holding another election in said county of Marin for
the purpose mentioned in section one of said Act and pursuant to the provisions
thereof, and that notice of said election be given in the manner provided by law
for giving notice of elections."

  Nothing in the county of any particular moment had occurred during the next
decade save the erection of the present magnificent Court-house, a description
of which will be found elsewhere in this work, and the steps taken to aid the
North Pacific Coast Railroad in construction of their line to Tomales.

  On May 3, 1875, the death of Supervisor Ross on April 22d was announced to the
Board, when the following resolutions were unanimously adopted:-

  "Since the last session of this Board one of the members, James Ross,
Supervisor of the First District, has departed this life, and

  "WHEREAS, In view of the estimate in which he was held, and the intimate,
friendly and official relations which existed between the members of this Board
during his connection with it, we deem it but just and proper that some
expression of our deep sorrow and heartfelt sympathy for his untimely death
should appear at length upon the minutes of this Board. Therefore, be it

  Resolved, That in the death of James Ross, the Commonwealth has lost a
valuable citizen, this community a most excellent neighbor and friend, and this
Board one of its best and useful members; as a friend he was loving, kind,
forgiving and generous; as an officer prompt, intelligent, truthful, courageous
and just; energetic and untiring in forming opinions his conclusions were mainly
correct, and being right he dared under all circumstances maintain it.

  "As a member of the Board of Supervisors, he, in no instance, avoided a
responsibility or shirked a duty, and whatever of official detail and labor was
assigned to him, was sure of correct solution and speedy completion. 
  "Resolved, That these resolutions be spread at length upon the minutes of this
Board, and that the Clerk furnish an engrossed copy to the family of deceased.

  "Resolved, That this Board do now stand adjourned until to-morrow.at 10 A. M,"

  The Board of Supervisors, on July 9, 1877, received notice of the death of
County Clerk and Recorder Valentine D. Doub. Upon receipt of this sad
intelligence George W. Davis was appointed temporarily to the Clerkship, a
position he filled for only one day, when he was succeeded by the appointment of
John Reynolds, to the office of Clerk and Recorder rendered vacant by the
lamented demise of Mr. Doub. On the 11th the Board of Supervisors passed the
following resolutions:-

 ."Resolved, That this Board has learned with unfeigned regret of the death of
its late Clerk, Valentine D. Doub.

  "That we recognize our late associate to have been a man of sterling
integrity, of a gentle and affectionate nature, an exemplary citizen and a true
friend.

  "That in his death we have to lament the loss of a true pioneer, a
representative Californian, and a faithful public servant. That in these days of
degeneracy when men are almost driven to believe 'the post of honor, private
station/ we rejoice to think of one man whose fellow citizens having repeatedly
called him to the performance of delicate public trusts, discharged them all
with such conspicuous fidelity that the breath of slander never reached his
name. That this Board has especial reason to lament his loss. His aptitude for
the discharge of all the obligations it imposed upon him, his varied knowledge
of the wants of the people, his prompt, cheerful, and conscientious discharge of
his duties as Clerk, this Board recognizes as a distinguished feature in a
public officer, which, though they may be replaced, cannot be excelled.

  "Resolved, That these resolutions be spread at large upon the minutes of this
Board."

  In conclusion of this portion of our work we now come to the greatest
political act of late years, namely, the order for a new Constitution and its
passage by an immense majority throughout the State.

 . It was found that the provisions in regard to taxation and property were of
too vague a nature to be allowed to hold at this period of progress. At the time
when the old constitution was framed in Monterey, it was never contemplated that
the State would be ever anything but a purely mining country; and as each mining
section had its own local laws, more distinct terms in regard to what was
legally meant by property and taxable property, were not thought to be
necessary. At last a day came when a decision of the Supreme Court ruled that
credits are not properly in the sense in which the word property is used in
Section 13 of Article XI of the Constitution, and, cannot be assessed for taxes,
or taxed as property, even if secured by mortgage. (The People vs. Hibernian
Bank, Cal. Reports, 51).

  The popular voice became clamerous on this decision for a change of rule; and
though having been before mooted, and successfully balked by former sessions of
the Legislature, an Act to provide for a convention to frame a new Constitution
for the State of California was approved March 30, 1878; and by a proclamation
of the Governor an election throughout the State was ordered to be held on June
19, 1878, for the purpose of electing delegates to a Constitutional Convention,
to meet at Sacramento on September 28th. Thirty-two delegates were to be elected
by the State at large, of whom not more than eight should be residents of any
one Congressional district. The Convention duly met at the State capital, and
after much labor framed the new Constitution. The election for the adoption or
rejection caused a deep-seated feeling throughout the length and breadth of our
land, and for months the country was in a perfect ferment; at last the 7th of
May arrived; the following morning the news was flashed from west to east and
north to south of the adoption of California's new organic law. Under its
provisions the new order of officers were elected on September 4, 1879, and now
nothing but time can solve the riddle as to its working.

  The vote on the occasion in Marin was:-

       Against the New Constitution                       670
       For the New Constitution                           581
          Majority against the New Constitution            69

  COUNTY GOVERNMENT BILL.-The following is a careful synopsis of the County
Government Bill, lately passed:-

  A county is a body politic. It has power to sue, to be sued, purchase land and
make contracts, to make orders for the use or disposition of its property, and
to collect taxes authorized by law.

  No county shall incur a liability in excess of the income provided for the
year without the consent of two-thirds of the electors voting at a special
election. In case of such consent, a sinking fund shall be created sufficient to
pay such indebtedness, together with interest, in twenty years. Any indebtedness
otherwise contracted shall be void.

  Excepting the Road Fund and the School Fund, the Supervisors shall not pay or
contract to pay more than one-twelfth of the annual revenue of the county in one
month. All officers violating this provision shall be liable in person and on
their bonds.

  Counties are divided into ten classes, Marin and San Mateo comprising the
Seventh Class, and having a board of Supervisors of five members.

  Each Supervisor must be an elector of his District and must have been such one
year before his election, and shall be elected from his District and not at
large. They shall be elected in November, 1880, for four years, beginning on the
first Monday in January. Those in odd numbered Districts shall go out of office
in two years. The present Boards shall redistrict their counties, making the
Districts as nearly equal in population as possible. The Superior Judge fills
vacancies in the Board. The Board elects its chairman, and the County Clerk is
ex-officio Clerk of the Board.

  The Board of Supervisors has jurisdiction as follows: To oversee the conduct
and standing of officers; to divide and change townships, road and school
districts; to supervise all election matters; to lay out and manage roads,
bridges, etc.; to provide for sick or indigent and have a farm in connection
with a public hospital; to purchase or receive real or personal property, but no
real estate can be purchased until its value has been estimated by three
disinterested citizens, and no more than their estimate can be paid; to erect
public buildings; sell county property after due publication in a newspaper. It
is their duty to levy taxes necessary to pay interest on and extinguish all
present indebtedness within twenty years; otherwise, for counties of the Seventh
Class, they are not to levy, for all other county purposes, more than seventy
cents on one hundred dollars valuation; to issue bonds for the extinguishment of
all county indebtedess, said bonds to bear interest at not more than seven per
cent, per annum; to pass ordinances relative to the trespassing of cattle, not
in conflict with State laws; to equalize assessments; to direct prosecutions; to
grant licenses, to collect tolls on roads, bridges, etc.; to HK the compensation
of all county and township officers, and create a salary and other county funds;
to fill all county official vacancies, except Superior Judge and Supervisors; to
contract for county printing and advertising, contracts to be let to the lowest
bidder; the Board shall print in the official paper a semi-annual financial
statement of the county and a statement of the proceedings of each session of
the Board; to provide for the preservation of the general health. No Supervisor
shall vote on a measure in which he or his family or partner are pecuniarily
interested.

  The county officers are the same as formerly. All counties are to redistrict
their townships. All county officers elected in 1879 for two years shall hold
office till the first of March, 1881, and those elected for four years shall
hold till the first Monday in March. 1883. At the general election to be held in
1882, and at the general elections to be held every four years thereafter, all
county officers, except Superior Judge, shall hold for four years. The Superior
Judge shall be elected in 1884, and every six years thereafter; township
officers every two years.

  Sheriffs, County Clerks, Auditors, District Attorneys, and Treasurers must
keep their offices open betwen [sic] nine A. M. and five P. M., non-judicial
days excepted. The first five must likewise reside at the county seat.

  The duties of the County Clerk are substantially the same as at present.

  The Chairman of the Board of Supervisors, District Attorney and Auditor must
count once a month the money in the treasury and verify the result.

  The duties of the District Attorney are substantially the same as at present.

  The salaries of county officers are to be paid monthly. Each member of the
Board of Supervisors shall receive five dollars a day for his services and
twenty cents a mile for mileage to and from his residence, providing that the
aggregate shall not exceed eight hundred dollars a year for any one Supervisor.



Additional Comments:
Extracted from:

HISTORY OF MARIN COUNTY, CALIFORNIA;
INCLUDING ITS
Geography, Geology, Topography and Climatography;
TOGETHER WITH
A Full and Particular Record of the Mexican Grants; Its Early History and
Settlement, Compiled from the most Authentic Sources; Names of Original Spanish
and American Pioneers;

A Full Record of its Organization; A Complete Political History, including a
Tabular Statement of Office-holders since the Formation of the County;

Separate Histories of Bolinas, Nicasio, Novato, Point Reyes, San Antonio, San
Rafael, Saucelito, and Tomales Townships;

Incidents of Pioneer Life, and Biographical Sketches of its Early and Prominent
Settlers and Representative Men;
ALSO
An Historical Sketch of the State of California,
In which is embodied the Raising of the Bear Flag

ILLUSTRATED.
SAN FRANCISCO, CAL. 
ALLEY, BOWEN & CO., PUBLISHERS.
1880.


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