Santa Clara County CA Archives History - Books .....Chapter III 1922
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/ca/cafiles.htm
************************************************

File contributed for use in USGenWeb Archives by:
Joy Fisher sdgenweb@yahoo.com February 25, 2007, 2:37 pm

Book Title: History Of Santa Clara County

CHAPTER III.

San Jose as the Capital of the State-Meeting of the First Legislature-The
Removal to Vallejo-Land Grants and Suertes-A Trumped-up Robbery-Settlers'
War-Fourth of July Celebration.

  Between the years 1846 and 1849 California remained under the control of the
United States military forces. A military commander controlled affairs, but
there was no real government. As long as the war lasted it was only natural to
expect that such would be the case and the people made no protest, but after
peace was declared and the military rule continued much dissatisfaction was
aroused. With the changed views of the people, General Riley, the military
commander, entirely sympathized. When it was found that Congress had adjourned
without effecting anything for California, he issued a proclamation-June 3,
1849, -calling for a convention. The proclamation stated the number of delegates
which each district should elect and also announced that appointments to
judicial offices would be made after being voted for. The delegates from the
Santa Clara Valley district were Joseph Aram, Kimball H. Dimmick, Antonio M.
Pico, Elam Brown, Julian Hanks and Pedro Sainsevain.

Constitutional Convention

  On September 1, 1849, the Convention met at Monterey, Robert Semple, of
Benicia, of 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 debaters 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 the United States and Mexico was set at rest;
provision for the morals and education of the people was made; a seal of state,
with the motto Eureka was adopted and many other pertinent subjects were
discussed. The constitution was duly framed, submitted to the people and at the
election on November 13 was ratified and adopted by a vote of 12,064 for and
eleven against it; there being besides over 1,200 ballots that were treated as
blanks because of an informality in the printing. On the occasion the vote of
the district of San Jose was 567 for and none against its adoption, while 517
votes were cast for Peter H. Burnett for governor and thirty-six votes for W. S.
Sherwood. The popular voice also made San Jose the capital.

  During the session of the Convention, the residents of San Jose in public
meeting, elected Charles White and James F. Reed a committee to proceed to
Monterey and use their utmost endeavors to have San Jose named in the
constitution as the state capital. They found a staunch opponent in Dr. Semple,
the president, who coveted the honor for his home town, Benicia. But the San
Joseans were not discouraged by this opposition. They promised to have ready a
suitable building by the 15th of December, about the time when the Legislature
would be ready to sit-a rash promise when is considered the fact that such an
edifice had not been completed in the town. San Jose was selected as the capital
and it was now up to the residents to provide a building for the sessions. In
that year there stood on the south half of lot six-the east side of Market
Plaza-a large adobe structure, erected by Sainsevain and Rochon, which was meant
for a hotel. This structure the town council tried to rent for the legislative
session, but the price was so exorbitant-$4,000 per month-that is was deemed
best to purchase the building outright; but here the proprietors declined to
take the pueblo authorities as security. Now it was that the residents of means
stepped in and saved the day. Nineteen of them executed a note for the price
asked, $34,000, with interest at the rate of eight per cent per month. The
nineteen were R. W. May, James F. Reed, Peter Davidson, William McCutchen,
Joseph Aram, David Hickey, Charles White, Frank Lightston, J. D. Hoppe, Peter
Quincy, R. C. Keyes, W. H. Eddy, Benjamin Cory, K. H. Dimmick, J. C. Cobb, P.
Sainsevain, Josiah Belden, Isaac Branham and J. C. Cook. A conveyance was made
to Belden, Reed and Aram, to hold the premises in trust for the purchasers. An
appropriation of $50,000, purchase money for the building, was made by the
Legislature, and bonds bearing interest at the rate of two and one-half per cent
per month, were issued. Unfortunately the credit of the territory was below par
and the bonds were sacrificed at the rate of forty cents on the dollar. The
amount received by the sale was used in partial liquidation of the debt, the
indebtedness remaining being subsequently the cause of vexatious and protracted
legislation.

First Legislature Convenes

  On Saturday, December 15, 1849, the first Legislature of California met at San
Jose. E. Kirby Chamberlain was elected president pro tern of the Senate and
Thomas J. White, speaker of the Assembly, which august body occupied the second
story of the State House. The lower portion, intended for use of the Senate, not
being ready for occupancy, the senators were taken, for a short period, to the
house of Isaac Branham, located on the southwest corner of Market Plaza. On the
opening day there were only six senators present. The following day Governor
Riley and his secretary, H. W. Halleck, afterward a distinguished general in the
U. S. Army, arrived and on Monday nearly all the members were in their places.

  At the start considerable dissatisfaction over the poor accommodations at the
State House was manifested and only four days after opening for business George
B. Tingley, a member from Sacramento, introduced a bill to move the capital to
Monterey. It passed its first reading and then died a natural death.

  On the twentieth of December, 1849, Governor Riley turned over his office to
Governor Peter H. Burnett and on the same date Secretary Halleck was relieved of
his duties and K. H. Dimmick was appointed Judge of the Court of First Instance.

  The personnel of the first Legislature of California was as follows:
Senators-David F. Douglass, M. G. Vallejo, Elcan Heydenfeldt, Pablo de la
Guerra, S. E. Woodworth, Thomas L. Vermeule, W. D. Fair, Elisha O. Crosby, D. C.
Broderick, E. Kirby Chamberlain, J. Bidwell, H. C. Robinson, B. J. Lippincott.

  Assemblymen-Elam Brown, J. S. K. Ogier, E. B. Bateman, Edmund Randolph, E. P.
Baldwin, A. P. Crittenden, Alfred Wheeler, James A. Gray, Joseph Aram, Joseph C.
Morehead, Benjamin Cory, Thomas J. Henley, Jose M. Corvarrubias, Elisha W.
McKinstry, Geo. B. Tingley.

  On the twentieth of December two United States senators were elected, the
lucky ones being Col. John C. Fremont and Dr. William M. Givin. On the following
day Governor Burnett delivered his message.

Removal of Capital

  The next legislative move of importance was the attempt to remove the capital.
Gen. Mariano Guadalupe Vallejo, senator from the District of Sonoma, and owning
lordly acres to the north of San Francisco Bay, addressed a memorial to the
Senate, dated April 3, 1850, pointing out the advantages possessed by the site
of the town of Vallejo over San Jose and the other places bidding for the state
capital. To secure the boon the General offered to grant to the state, free of
cost, twenty acres for a capitol and grounds, with 136 acres added for other
state buildings; and in addition to this he agreed to donate and pay over to the
state, within two years, the large sum of $370,000, to be devoted to the
construction of buildings and their furnishing. San Jose strove hard to retain
the prize. The citizens did everything in their power to make things pleasant
for the legislators. Their pay, sixteen dollars a day, was received in state
scrip, by no means at par value in the market. To propitiate them the hotel
keepers and tradesmen consented to take the scrip at its face value. This offer
created a good impression but was not sufficient in force to offset the offer of
Vallejo. Seeing that the tide was turning against them, the San Joseans, through
James F. Reed, offered four blocks of land and 160 lots, the lots to be sold to
raise money for the building of the capitol. Another bid was that of Charles
White, who tendered one and one-half square miles of land, upon the condition
that the state should lay it out in lots for sale, reserving a portion
sufficient for buildings and that one-third of the sum so realized should be
paid to him and the balance given to the state for building purposes. A third
offer, of 200 acres, made by John Townsend carried the stipulation that all the
state buildings, save the penitentiary, should be placed thereon.

  On receipt of Gen. Vallejo's memorial to the senate, a committee was
appointed, with instructions to consider all the offers made and report. On
April 2, 1850, the report was made. It concluded with these words: "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 David C. Broderick (who was killed by Judge Terrain a duel in 1859) of
San Francisco, goes on to point out the necessities that should govern the site
for California's capital, recapitulates the advantages pointed out in the
memorial and finally recommends the acceptance of General Vallejo's offer.

  The acceptance did not pass the Senate without some opposition and
considerable delay. On September 9, 1850, California was admitted into the Union
and on February 14, 1851, during the last session of the Legislature in San
Jose, the Act of Removal was passed, and on May 1 of that year the Legislature
adjourned, but the archives were not removed to Vallejo until later. The third
Legislature convened at Vallejo January 5, 1852; seven days later it was
transferred to Sacramento; January 3, 1853, it met again at Vallejo; it was
removed to Benicia on February 11 of the same year, where it remained until the
end of the session, and then by enactment the capital was permanently located at
Sacramento, where it has since remained.

  The question of the legality of the removal was brought up in 1854 before the
Supreme Court, when a majority of the justices, Heydenfeldt and Wells, held that
according to law San Jose was the capital of the state. Thereupon the following
order was made:

  "It is ordered that the sheriff of Santa Clara County procure in the town of
San Jose and properly arrange and furnish a courtroom, clerk's office and
consultation room, for the use of the court. It is further ordered that the
clerk of this court forthwith remove the records of this court to the town of
San Jose. It is further ordered that the court will meet to deliver opinions at
San Jose, on the 1st Monday in April, and on that day will appoint some future
day of the term for the argument of cases.

                               "HEYDENFELDT. J.
                               "WELLS, J.
                  "Attest:    D. K. Woodside, Clerk."

  A writ of mandamus on the strength of the foregoing was issued from the Third
District Court against all the state officers, commanding that they remove their
offices to San Jose or show cause why they should not do so. The argument was
heard and the theory maintained that San Jose was the proper capital of the
state. An appeal was taken to the Supreme Court. In the meantime Justice Wells
had died, his place being filled by Justice Bryant. In the appeal the Supreme
Court decided that San Jose was not the state capital, from which decision
Justice Heydenfeldt dissented.

  The first Legislature passed an act that gave San Jose its first legal
incorporation under United States rule. The act was passed in March. 1850, and
on April 11 the Ayuntamiento held its last meeting. The new common council held
its first meeting under the charter on the 13th.

First July 4th Celebration

  The anniversary of American Independence was patriotically remembered in the
first year of civil administration in California. San Jose held a grand
celebration and much more interest was felt than on such occasions in the
eastern states. Fred Hall, in his history, says: "The isolation from the other
states made the feeling of national pride increase. We felt as though we were in
a foreign land and the tendency was to vivify and brighten the love of the whole
country in every American. On that occasion the Hon. William Voorhies delivered
the oration: James M. Jones also delivered one in Spanish for the benefit of the
Mexicans present. Mr. Sanford, a lawyer from Georgia, read the Declaration of
Independence. Thirteen young ladies dressed in blue spencers and white skirts
rode on horseback. followed by the Eagle Guards, commanded by Capt. Thomas
White: also 500 citizens, some on horseback, some in carriages and some afoot,
made up the national pageant that wound its way to the south of town, a mile or
more, in the grove near .the Almaden road: and there the ceremony was performed
to the great pleasure and pride of the American settlers in the new country."

Boundaries of Santa Clara County

  While the Legislature was in session in San Jose the boundaries of Santa Clara
County were defined. The county originally included the township of Washington,
of Alameda County, but this was cut off and the county reduced to its present
limits, as follows: Beginning at a point opposite the mouth of the San
Francisquito, being the common corner of Alameda, San Mateo and Santa Clara
counties: thence easterly to a point at the head of a slough which is an arm of
San Francisco Bay at its head, making into the mainland in front of the Gegara
rancho; thence easterly to a lone sycamore tree that stands in a ravine between
the dwellings of Flujencia and Valentine Gegara: thence easterly up said ravine
to the top of the mountains as surveyed by Horace A. Higley; thence in a direct
line easterly to the common corner of San Joaquin, Stanislaus, Alameda and Santa
Clara counties on the summit of the Coast Range; thence southeasterly, following
the summit of the Coast Range to the northeast corner of Monterey County; thence
westerly, following the northern boundary of Monterey County to the southeast
corner of Santa Cruz County; thence northwesterly, following the summit of the
Santa Cruz Mountains to the head of San Francisquito Creek; thence down said
creek to its mouth; thence in a direct line to the place of beginning.
Containing about 1,300 square miles.

  The county government was first administered by the court of sessions, which
held jurisdiction until 1852, when the board of supervisors was created. In 1854
the government again went into the hands of the court of sessions, where it
remained until the next year, when the board of supervisors was revived to
administer the affairs of the county ever since. Following, is a list of those
who have administered the county government from the date of organization to the
present time:

  On the 1st day of June, 1850, the court of sessions was organized with J. W.
Redman president, and Caswell Davis and H. C. Smith associate justices.

  July 5, 1850-J. W. Redman, president; John Gilroy, Caswell Davis, associates.

  August 18, 1850-J. W. Redman, president; Charles Clayton and Caswell Davis,
associates.

  October 6, 1851-J. W. Redman, president; R. B. Buckner and Marcus Williams,
associates.

  December, 1851-J. W. Redman, president; Cyrus G. Sanders and Marcus Williams,
associates.

  May 14, 1852-J. W. Redman, president; Peleg Rush and Cyrus G. Sanders,
associates.

  An election for supervisors was held June 3, 1852, and the new board was
organized as follows: Isaac N. Senter, chairman; Fred E. Whitney, William E.
Taylor, Jacob Gruwell, associates.

  December 6, 1852-L. H. Bascom, chairman; John B. Allen, A. M. Church, Levi
Goodrich, Joseph C. Boyd, associates.

  September 7, 1853-George Peck, chairman; Daniel Murphy, R. G. Moody, William
Daniels, W. Gallimore, associates.

  In April, 1854, the court of sessions again took charge. It was composed as
follows: R. B. Buckner, president; Caswell Davis, Thomas Vermuele, associates.

  October 1, 1854-R. B. Buckner, president; Caswell Davis, C. G. Thomas,
associates.

  On April 9, 1855, another board of supervisors was elected. The organization
of the board from that time has been as follows:

  April 1, 1855 to November, 1855-Samuel Henderson, W. R. Bassham, Daniel Murphy.

  November, 1855, to November, 1856-W. R. ?Bassham, W. R. Bane, Samuel Morrison.

  November, 1856, to October, 1857-Cary Peebels, China Smith, D. R. Douglas.

  October, 1857, to October, 1858-Joseph H. Kincaid, Samuel A. Ballard, Albert
Warthen.

  October, 1858, to November, 1859-John M. Swinford, H. D. Coon, Eli Jones;
Isaac Branham served vice Jones.

  November, 1859, to December, 1860-H. D. Coon, H. J. Bradley, Isaac Branham.

  December, 1860, to October, 1861-H. J. Bradley, W. M. Williamson, H. D. Coon.

  October, 1861, to November, 1862-H. J. Bradley, W. M. Williamson, J. H. Adams.

  November, 1862, to March, 1864-W. M. Williamson, J. H. Adams, S. S. Johnson.

  March, 1864, to March, 1866-John A. Quinby, Chapman Yates, L. Robinson, J. A.
Perkins, Frank Sleeper.

  March, 1866, to March, 1868-John A. Quinby, Frank Sleeper, John A. Perkins, J.
Q. A. Ballou, Frank Cook.

  March, 1868, to March, 1870-David Campbell, John Cook, William H. Hall, W. H.
Patton, Oliver Cottle. (Cottle served vice Ballou, who resigned.)

  March, 1870, to March, 1872-David Campbell, W. H. Hall, W. H. Patton, J. M.
Battee, Samuel I. Jamison.

  March, 1872, to March, 1874-J. M. Battee, William Paul, W. N. Furlong, S. I.
Jamison, J. W. Boulware.

  March, 1874, to March, 1876-J. M. Battee, W. N. Furlong, J. W. Boulware,
Alfred Chew, William Paul, A. King, H. M. Leonard.

  March, 1876, to March 1878-S. F. Ayer, W. H. Rogers, J. M. Battee, Alfred
Chew, W. N. Furlong, A. King, H. M. Leonard.

  March, 1878, to March, 1880-S. F. Ayer, W. H. Rogers, W. N. Furlong, John
Weathers, J. H. M. Townsend, M. D. Kell, H. M. Leonard. (Townsend resigned in
December, 1879, and was succeeded by James Snow.)

  March, 1880, to February, 1883-S. F. Ayer, John Weathers, James Snow, M. D.
Kell, H. M. Leonard, H. H. Main, Samuel Rea.

  February, 1883-1885-W. E. Ward, H. Tillotson, W. O. Watson, H. McCleary, Peter
Donnelly, H. H. Main, S. A. Blythe.

  March, 1885, to March, 1887-S. F. Ayer, W. A. Z. Edwards, A. Greeninger, W. O.
Watson, Peter Donnelly.

  March, 1887, to March, 1891-S. F. Ayer, W. A. Z. Edwards, A. Greeninger, W. O.
Watson, James Phegley.

  1891-1895-P. Donnelly, A. Greeninger, W. A. Z. Edwards, J. S. Whitehurst,
William Erkson, S. F. Ayer.

  1895-1897-A. Greeninger, George E. Rea, J. S. Selby, John Roll, S. F. Ayer.

  1897-1899-Geo. E. Rea, Paul P. Austin, F. M. Stern, John Roll, S. F. Ayer.

  1899-1904-F. W. Knowles, Geo. E. Rea, F. L. Cottle, John Roll, S. F. Ayer.

  1904-1907-F. E. Mitchell, Ayer, Roll, Rea and A. L. Hubbard.

  1907-1911-H. S. Hersman, H. M. Ayer, A. L. Hubbard, John Roll, F. E. Mitchell.

  From the last named date the following have held office continuously: Henry
Hecker, A. L. Hubbard, H. M. Ayer, F. E. Mitchell, John Roll.

Settling Titles of Land Grants

  At the time of the cession of California there was probably not a perfect
title in the whole territory of Alta California. Under the terms of the treaty,
however, the holders of these incomplete titles were to be permitted to go on
and complete them under the laws of the United States. After the acquisition of
California and after ascertaining the inchoate condition of the land grants and
the importance of having them segregated from the public domain, and for the
purpose of carrying out the provisions of the treaty of Guadalupe Hidalgo, an
act was passed by the Congress of the United States on March 3, 1851, providing
for commissioners to be appointed by the President for the purpose of
ascertaining and settling private land grants in California, with a right of
appeal, by either the government or the claimant, to the U. S. District Court
for the State of California, or to the U. S. Supreme Court. To this commission
all claimants were required to present their petitions for the confirmation of
their claims. Failure to so present them within a specified time after the
passage of the act worked a forfeiture of the claim, which was afterward treated
as a part of the public domain. Upon the confirmation of these claims surveys
were made by the surveyor general and patents issued thereon.

  Those lands which had not been granted by the Mexican Government were subject
to the laws of the United States governing the disposition of the public domain.
Besides these two classes of land there was a third-the land granted to pueblos.

  Under the plan of Tepic, Mexico, on the formation of each new pueblo in the
New World, it was entitled, for its own use, for building purposes and for
cultivation and pasturage, to a square of land extending one league in each
direction from the center of the plaza, making in all four square leagues. Where
the topography of the country, either by reason of the juxtaposition of the sea
or of mountain barriers, prevented the land being taken in the form of a square,
the four leagues were taken in some other form so as to include the pueblo.

  On the settlement of the pueblo of San Jose, the Mission of Santa Clara having
been established to the west, the Mission of San Jose to the north and east, and
the Mission of San Juan to the south, it became necessary to designate the
boundaries so that the jurisdiction of the pueblo and the adjoining Missions
should not conflict. From year to year the old inhabitants of the pueblo, in
company with the younger persons in the community, were accustomed to go out and
visit the monuments erected to designate these lines, and to cast additional
stones upon them to keep them intact. The delimiting line between the pueblo and
the Mission of San Jose ran from the mountains to the bay, about midway between
Warm Springs and the present town of Milpitas. On the west the Guadalupe River
was fixed as the boundary, while the line between the pueblo and the Mission of
San Juan was fixed across the valley to the south in the vicinity of Las Llagas
Creek.

San Jose Land Company

  San Jose, before the admission of California to the Union, was one of the few
populous settlements in California and was known at the time, and before, as the
"Upper Pueblo." The city becoming involved and unable to pay the debt incurred
to provide suitable accommodations for the Legislature and the officers of the
state, a judgment was obtained against her and her creditors. An execution was
issued on the judgment and all the pueblo lands were sold at sheriff's sale and
bought in by a syndicate styling itself the "San Jose Land Company." This
syndicate soon became known locally as "The Forty Thieves," although the number
of its members was less than forty and they were, by no means, thieves. But the
title they claimed under-became popularly known as the "Forty Thieves Title."

  The San Jose Land Company, after acquiring its sheriff's deed to lands
belonging to the city, claiming to be the successor in interest to the pueblo,
presented its claim to the United States Land Commission, sitting in San
Francisco, praying for confirmation to it of the lands contained within the
established boundaries, asserting that there had been a concession by the
Spanish Crown of that large tract to the pueblo. A mass of documentary evidence,
correspondence, etc., was introduced, also the testimony of witnessee to the
fact that the monuments had been placed there years before and had been
recognized by the citizens. Although no formal- concession or grant had ever
been found or produced, it was asserted that those acts indicated that one had
actually been made. The board and the U. S. District Court confirmed the grant
to these exterior boundaries.

  In the meantime settlers had located on lands included in this tract under the
impression that they belonged either to the Government or to private parties
from whom they had purchased. They had made improvements and established homes.
By this decision extending the limits of the pueblo, their property was
absorbed, and they united, some fourteen of them, in securing an appeal to the
Supreme Court.

  At that time there was in existence a body known as the commissioners of the
funded debt of the City of San Jose. Judge F. E. Spencer, who was a member of
this board, was anxious to have the decision of the District Court sustained,
believing that the land company had no valid claim, and that if the title to
this large tract was confirmed to the city it could be maintained. He succeeded
in effecting a compromise, by which the Supreme Court affirmed the decision of
the lower court, except as to the tracts claimed by the fourteen settlers. A
final decree to this effect was made. Afterward this body of land was sold in
tracts to actual settlers at the price fixed by the United States Government for
its public lands. With the proceeds of these sales the debt of the City of San
Jose was extinguished and up to 1887 the city had no debt whatever. In due time
the pueblo was surveyed and in 1884 a patent was issued.

  The claim of the City Land Company was the subject of more or less litigation
and trouble from time to time until 1869. It came up in the case of Branham et
al. vs. the City of San Jose, where it was held by the Supreme Court that the
city's lands were not subject to execution and sale under a judgment against
her. A number of years later, upon the adoption of a charter by the city, a
clause was inserted which, it was claimed, confirmed the land company's title.
Upon that claim an action was brought in the United States Circuit Court for the
District of California to recover possession of the large body of land within
the corporate limits which had not passed by legal grants. The case was Leroy
vs. Chaboya et al., some 600 defendants being named, and involving the title to
a very large portion of land within the city limits. F. E. Spencer, who was
counsel for the defendants, obtained a ruling from the District Court to the
effect that the provisions of the charter referred to did not amount to a
confirmation in favor of the land company or its successor, thus ending a case
of great importance to the city and surrounding territory, and which went far to
settle land titles in the vicinity.

  Grants, of rather an indefinite character, were claimed to have been made to
the various Missions, both in Northern and Southern California. When the
Missions were secularized, these grants reverted to the state. Notwithstanding
this act of secularization, several of the Missions retained more or less landed
property, such as church edifices, orchards, etc., and these, in most instances,
were afterwards confirmed to the church. But a large body of grazing land passed
into the general domain and was re-granted to private individuals. There was
quite an extended legal warfare before these lands were confirmed to the church.
It was claimed that when the Missions were secularized all property reverted to
the Mexican Government, and as it had never been re-granted it became the public
domain of the United States on the cession of California, and was therefore
subject to preemption. The orchard property at Santa Clara was particularly
valuable and was settled upon by several sets of squatters. J. W. Redman, county
judge for several years, held the orchard, selling the fruit at enormous prices.
It went through several hands, but was finally confirmed to Archbishop Alemany,
representing the church.

  While the Mexicans held California, Lieutenant Moraga, under the direction of
the Spanish Government, partitioned to the original settlers the lands of the
new pueblo of San Jose. The allotments were made in accordance with a rule
adopted by the government by which all pueblos or towns were to be laid out and
established under the plan of the city of Tepic. The tracts of land were divided
into three classes: solares, or building lots; suertes, or lots for cultivation,
and egidos, or lots for pasturage and wood. By the Tepic method, each family was
given four suertes and one solar.

  Though there is no record evidence that an allotment was made after the pueblo
was moved from its first location, Judge Spencer said that in 1852, and even
later, there remained landmarks that showed something of the general plan of the
location. Among these were the stumps of hedge-rows forming alleys leading to
the Guadalupe River-evidently roads used by women going to the creek to do their
washing. At that time, and until the willows and other vegetation had
disappeared, the Guadalupe was a perennial stream, supplied in the summer time
from the springs in the lower ground south of town, while from the Guadalupe
were the remains, tolerably defined, of ditches leading into Canoas Creek. This
word "canoas," besides meaning "canal," also signifies a "trough," and it was
probably for this latter meaning that the Mexicans applied it to this stream, as
they evidently used it for the purpose of conveying water to their suertes, or
planting lands.

  There were also the remains of branch ditches, or acequias. One went out and
crossed the plaza near the site of the city hall and continued on, crossing
First Street near San Fernando, as if to irrigate the land sloping to the north
and east. Another one was a little west of Market Street, crossing Santa Clara
Street diagonally, going through the grounds now occupied by the Sisters of
Notre Dame and continuing to the present site of the Hotel Vendome. From this
was irrigated the lands between it and the Guadalupe River. In one of the suits
regarding the land claimed as suertes, old Pedro Chaboya and other old Mexican
witnesses testified that all the alkali land in the northeast portion of the
city was, in very early days, fine land for crops; but the Coyote Creek having
overflowed its banks and rushed down across the country, the top-soil was washed
off and when the water receded it was converted into an alkali sink.

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

  The methods used by the Americans to measure and mark out the boundaries of
their grants were very crude and resulted in much inaccuracy. Many of them, when
surveyed by the United States, shrank or expanded in dimension to the extent of
many hundreds of acres. Persons who had settled on what was thought to be
Government land would, after some years of labor, find their property included
within the boundaries of a neighboring grant and would be forced to lose their
homes or purchase them again of another owner. Some persons were compelled to
purchase their farms several times before their title became assured. This state
of affairs caused great dissatisfaction among the settlers and societies were
formed to meet adverse claims and prevent eviction.

  These societies, though very determined in the expression of their rights,
generally avoided violent measures. In fact, with one exception, they confined
their efforts to the raising of funds for the purpose of defending their claims
in the courts. The exception referred to occurred in 1861 and is thus recorded
by Frederic Hall: "The greatest excitement and demonstration that was ever
exhibited in this county upon the question of land titles took place this year.
The grant of Antonio Chabolla for the tract of land known as the Yerba Buena
Rancho, lying east or southeast of town, had been confirmed to the claimants
thereof under the Chabolla title by the United States courts. There were many
settlers on the land, some of whom had occupied the same for quite a lengthy
period under the belief that it was public land. They seemed to be of the
opinion that the-grant was a fraudulent one, notwithstanding the fact that the
land had been patented by the United States in accordance with the decree of
confirmation. The advice which had been given the settlers was evidently not of
that kind which had a tendency to better them, or to cause them to view the
matter in a proper light. They were induced to spend money in the way of
lawyers' fees that was as useless as throwing money into the sea. The Government
had conveyed, in fee simple, the land to the claimants, and no party but the
United States could move to set aside that patent upon the ground of fraud or
any other ground. Suits in ejectment had been instituted against some of the
settlers on said land and judgment rendered against them for the possession of
certain tracts by the Third Judicial Court, in and for the County of Santa
Clara. William Matthews, Esq., of counsel for plaintiff in those cases, caused
writs of execution for possession to be issued to the sheriff that the plaintiff
might have possession in accordance with his judgments.

  "The sheriff summoned a posse of 600 men to go with and to aid him in
executing the writ. When the posse assembled at the Court House they were asked
if they were armed, to which they replied in the negative; then being asked if
they would arm themselves, likewise replied in the negative. They were then
dismissed. About one o'clock in the afternoon about a thousand settlers paraded
through the town, some on horses, some in wagons, some on foot, and nearly all
armed. They had one small cannon. All the settlers' leagues of the county and
some from adjoining counties were said to have been present. Toward the close of
day they went to their respective homes without doing any damage, save that of
disobeying the writ."

  Until 1847 there had not been much certainty as to the location of, or titles
to, lots in the pueblo of San Jose. It seems to have been taken for granted that
the laws regulating the establishment of Mexican towns had been complied with
and that those in possession had valid titles. Whether the title was good or not
seemed to be of little consequence under the then existing condition of affairs.
There were no regularly laid-out streets. The center of the town was the
Juzgado, or the plaza, and the houses were scattered north and south on
irregular lines with a roadway between. The roadway is now Market Street. After
the defeat of Sanchez at the battle of Santa Clara, and the certainty that the
arms of the United States would be victorious in Mexico, the foreigners became
impressed with the conviction that Alta California would be ceded to the victors
and a permanent government established. Viewed in this light, the solares and
suertes of the pueblo became of more importance and an attempt was made to
settle the question of their ownership.

  Early in 1847 the Ayuntamiento and the alcalde directed William Campbell to
survey a plat of land a mile square to be laid out in building lots. Assisted by
his brother Thomas, he did this work, the tract so surveyed lying between the
following boundaries: On the north by Julian Street, on the east by Eighth
Street, south by Reed Street and west by Market. This tract was intended to
exclude all questions relating to suerte claims. John Burton, who was then
alcalde and had resided in San Jose for twenty years, stated that the result of
his investigation was that no suerte claims, except the Gongora claim, extended
farther south than Julian Street, or farther east than Market Street. This is
the original plat of San Jose and from this survey may be dated the existence of
the city. The streets were located through this tract, making nine blocks from
Julian to Reed and eight blocks from Market to Eighth. The exact course of the
streets running north and south was at 45 deg. west, magnetic variation, 15 deg.
22 min. east. The length of these streets was 5,607 feet. The cross streets were
laid out at right angles to these.

  The survey having been completed and a map filed, the alcalde gave notice to
all persons claiming land within the limits of the survey to present them to him
for investigation, and, if found valid, he would issue them a new title. Burton,
who was no lawyer, seemed to possess a remarkably level head. Notwithstanding
persistent litigation on the part of contesting claimants, all the alcalde
grants under the Campbell survey have been held by the Supreme Court to be
valid. In Campbells survey four blocks were reserved for a public square. This
was named Washington Square and is the present location of the State Teachers'
College, the high school and the Carnegie Library.

  The pueblo having been thus located, its limits and boundaries of its blocks
and lots defined, the settlers from the states resolved to secure a portion of
the outside lands belonging to the pueblo. A meeting was called, the proposition
to make the survey into lots of 500 acres each was adopted and J. D. Hutton
appointed to make the survey. This was done in July of the same year. The lots
were numbered consecutively and corresponding numbers placed in a hat. The head
of each family was permitted to draw one number, this entitling him to choose a
lot, his choice being in the order of the numbers drawn-that is, the person
drawing number one was entitled to first choice, and so on. After the drawing
the alcalde gave to each party a certificate of title. These alcalde titles were
afterwards declared invalid by the Supreme Court.

  In May, 1848, another survey of the town was made, this time by C. S. Lyman.
He was a practical surveyor and possessed all the necessary implements for
practical work. By this survey the limits were extended easterly to Eleventh
Street. He enlarged Washington Square to its present dimensions, 1,160 by 1,005
feet. He laid out St. James Square, which is 610 by 550 feet. Market Square, the
site of the city hall, he fixed at 1,160 by 259 feet. Market, Santa Clara and
Fifth streets were made each 100 feet wide, and all the streets running north
and south, except Fifth, were made 80 feet wide. The system adopted by the
survey is the one now in use. San Fernando Street is the base line and the
ranges are counted easterly from Market Street. Other surveys have been made as
additional territory was taken into the city limits.

  The tract of land lying west of Market Street and along the Guadalupe River,
was used for cultivation and was not surveyed into town lots for several years
after the admission of California into the Union. It was held as suertes and was
watered by an acequia, or ditch, leading from the Canoas Creek south of town.
This ditch furnished water to the people for some time after California became a
State; but gradually the foreigners acquired this land from the Mexicans and
streets were opened from time to time as the population increased.

Public Treasury Robbed

  Before the first month of the year 1853 had been brought to a close, the
entire county was startled by the news that the public treasury had been robbed.
The treasurer, William Aikenhead, declared that he had been knocked down in the
darkness of night and robbed of his keys, and that the unexpectedness of the
attack prevented him from recognizing the robber. His story of the assault was
this: Hearing a noise in the rear of the building about eight o'clock in the
evening, and not long afterward a step on the front porch and a calling of his
name, he opened the door to ascertain who it was. Instantly he received a blow
on the head that laid him prostrate; he was then choked, his pockets emptied and
the key of the safe taken. The office was then entered and several thousand
dollars were carried away. The board of supervisors placed full credence in
Aikenhead's story, and after investigation made a report exonerating him from
neglect or blame. In the month of February, Aikenhead disappeared. A committee
of three, in company with the district attorney, was appointed to examine all
the books and papers in the treasurer's office and file a report with the clerk.
The committee was composed of J. M. Murphy, W. R. Bassham and W. L. Smith, and
their report made Aikenhead a defaulter in an amount approximating $20,000.

  Following 1; the list of the various tracts of land in Santa Clara County to
which title was granted by the Spanish and Mexican governments:

  Arroyo de los Pilarcitos, one square league, to Candelario Miramontes. 
  Canada del Corte de Madera, to Domingo Peralta.
  Canada de San Felipe Las Animas, two square leagues, to Charles M. Weber;
patented August 9, 1866.
  Canada de Pala, 8,000 by 1,200 varas, to Jose de Jesus Bernal et al.; patented
August 9, 1863.
  Canada de los Capitancillos, to Guadalupe Mining Company.
  El Corte de Madera, two square leagues, to Maximo Martinez; patented June 14,
1858.
  El Pasito de las Animas, 3,042 acres, to Robert Walkenshaw.
  Embarcadero de Santa Clara, 1,000 varas, to Barcelia Bernal.
  Juristae, one square league, to Antonio and Fausten German.
  La Polka, one square league, to Bernard Murphy; patented March 3, 1860.
  La Purissima Concepcion, one square league, to Juana Briones.
  Los Tularcitos, to Antonio Hignora et al., heirs of Jose Hignora; patented
July 8, 1870.
  Las Animas, or Sitio de la Brea, to Jose Maria Sanchez.
  Las Coches, one-half square league, to Antonio Sunol et al.; patented December
31, 1857.
  La Laguna Seca, four square leagues, to Liberata Cesena Bull et al.; patented
November 24, 1865.
  Los Capitancillos, three-quarters of a square league, to Charles Fosset;
patented February 3, 1865.
  Las Animas to Frederic E. Whiting.
  Milpitas, one square league, to Jose Maria Alviso.
  Mission of Santa Clara to James C. Galindo.
  Mission of Santa Clara, 13.13 acres, church property; patented March 3, 1858.
  Ojo de Agua de la Coche, two square leagues, to Bernard Murphy; patented
January 4, 1860.
  Potrero de Santa Clara, one square league, to Robert F. Stockton.
  Pastoria de las Borregas, 3207J4 acres, to Martin Murphy; patented December
15,1865.
  Pueblo de San Jose, to Mayor and Common Council; confirmed October 8, 1866.
  Pala, one square league, to Ellen White et al., widow and heirs of Charles White.
  Quito, three square leagues, to Manuel Alviso; patented May 14, 1866.
  Rincon de San Francisquito, one-half square league, to Maria Antonia Mesa,
widow of Rafael Soto.
  Rancho de Refugio, or Pastoria de las Borregas, three square leagues, to Tomas
Pacheco and Augustin Alviso.
  Rincon de los Esteros to Francisco Berryessa et al., heirs of G. Berryessa.
  Rincon de los Esteros to Rafael Alviso et al.
  Rincon de los Esteros, two thousand acres, to Ellen E. White.
  Rinconada de los Gatos, one and one-half square leagues, to Sebastian Peralta
and Jose Hernandez; patented March 19, 1860.
  Santa Ana y Quien Sabe, seven square leagues, to Juan Miguel Angas and Manuel
Larios; patented May 1, 1860.
  San Ysidro, one square league, to Quentin Ortega et al.; patented September
27, 1869.
  San Francisco de las Llagas, six square leagues, to Bernard, Daniel, James and
Martin Murphy; patented March 19, 1868.


Additional Comments:
Extracted from:

HISTORY OF SANTA CLARA COUNTY CALIFORNIA
WITH
Biographical Sketches
OF
The Leading Men and Women of the County Who Have Been Identified With Its Growth
and Development From the Early Days to the Present

HISTORY BY
EUGENE T. SAWYER

ILLUSTRATED COMPLETE IN ONE VOLUME

HISTORIC RECORD COMPANY
LOS ANGELES, CALIFORNIA 
1922


File at: http://files.usgwarchives.net/ca/santaclara/history/1922/historyo/chapteri462nms.txt

This file has been created by a form at http://www.genrecords.net/cafiles/

File size: 44.8 Kb