HISTOEY
X
.OF
CONTRA COSTA COUNTY,
CALIFORNIA,
INCLUDING ITS
GEOGRAPHY, GEOLOGY, TOPOGRAPHY, CLIMATOGRAPHY
AND DESCRIPTION;
TOGETHER "WITH
A RECORD OF THE MEXICAN GRANTS ; THE BEAR FLAG WAR ; THE MOUNT
DIABLO COAL FIELDS ; THE EARLY HISTORY AND SETTLEMENT, COMPILED
FROM THE MOST AUTHENTIC SOURCES ; THE NAMES OF ORIGINAL
SPANISH AND MEXICAN PIONEERS ; FULL LEGISLATIVE HISTORY
OF THE COUNTY ; SEPARATE HISTORY OF EACH TOWN
SHIP, SHOWING THE ADVANCE IN POPULATION
AND AGRICULTURE ;
ALSO,
Incidents of Pioneer Life ; and Biographical Sketches
OF EARLY AND PROMINENT SETTLERS AND REPRESENTATIVE MEN;
AND OF ITS
TOWNS, VILLAGES, CHURCHES, SECRET SOCIETIES, ETC.
ILLUSTEATEJJ.
SAN FRANCISCO :
. -A SXiOCTTOVC & CO.,
1882.
Bancroft Library
PEE FACE.
Nearly twelve months ago the task of compiling the History of
Contra Costa County was undertaken by us, but, owing to circumstances
over which we had no control, it was not until the month of January,
1882, that operations were fully inaugurated. At length we are enabled
to give our labors to our patrons and the public.
The collecting and collating of notes has been no ordinary task ;
great distances have been compassed to secure personal knowledge ; inusty
volumes have been exhumed, wh'erefrom 'to gain incontrovertible data.
For the most part, we have received courteous aid ; not unseldom have
we been rebuffed, but only from those whose knowledge of the world
is confined to the limited extent of their own vision.
Our chapter on the Bear Flag war is from the pen of Mr. Munro-
Fraser, and was compiled in 1879 by him, for the History of Sonoma
County, and will be found to be not the least interesting portion of
the present volume.
We will not, however, attempt to "puff" our work, knowing full
well that what we undertook to do we have conscientiously striven to
carry out. As a worthy chronicle of Contra Costa county, we hope it
may be found interesting, and in the main correct ; while, as a work
of reference, we trust it may meet nearly all expectations.
In conclusion, we beg to tender our earnest thanks to Hon. Elam
Brown, for much valuable information in regard to the early history of
the county. The like acknowledgment we proffer to Hon. Thomas A.
Brown, Superior Judge, and Hon. F. M. Warmcastle, the first County
Judge of Contra Costa. ' To L. C. Wittenmyer, the able and courteous
County Clerk, and to the county officials, one and all, we owe a debt
VI PREFACE.
of gratitude, as we do also to the proprietors of the Contra Costa Ga.
Contra Costa News and Weekly Antioch Ledger. Especially are
thanks due to that venerable pioneer, Rev. W. W. Smith, of Ant
who most kindly placed his voluminous notes and interesting diar
our disposal, while the kindly act of Thomas A. McMahon, Coi
Surveyor, in furnishing the chapter on the Mount Diablo Coal Fi
deserves our unqualified thanks.
We are not gifted with the pen of an Irving or a Macaulay,
such as our capabilities are, thus do we give them.
It has been no fault of ours that several portraits, which sh
have appeared in the volume, have been omitted. The blame is
the gentlemen themselves. The same is - also to be said of
biographical sketches as are left out. No responsibility on this ]
rests with us. To those who have met us with cordiality, and
furthered our enterprise, we say, thank you, and adieu.
i
W. A. SLOCUM & CO.
J. P. MUNRO-FRASER, Historian
SAN FRANCISCO, August 15, 1882.
INDEX.
GENERAL HISTORY.
PAGE.
Geographical Situation 17
Area 17
Derivation of Name 18
Population 18
Geology and Mineralogy 18
Contra Costa Hills 25
Monte Diablo Group. 31
Topography 37
Mount Diablo (view and description) .... 41
Climatography 49
Rainfall 51
Salubrity 51
General Remarks 53
Tule Lands 54
Agriculture 55
Pomology 59
Earthquakes 61
Aborigines 62
MOUNT DIABLO COAL FIELD 69
The Clark Vein 71
Faults and Disturbances 72
Ventilation 73
Peacock and San Francisco Mines 74
Central, or Stewart's Mine 74
Empire Mine 74
Teutonia Mine 74
Rancho de los Meganos Coal Mines ... 74
EARLY HISTORY AND SETTLEMENT 76
Sericulture 154
THE BEAR FLAG WAR 160
LEGISLATIVE HISTORY 190
Organization of Contra Costa County . 191
Original Boundary 192
Present Boundary 192
Senatorial Districts 193
Judicial Districts 193
Court of Sessions 193
Original Township Boundaries 194
Martinez 195
San Antonio 195
Alameda 195
Contra Costa . 196
PAGE.
Original Township Boundaries (continued)
San Pablo I9e
Monte Diablo 196
San Lorenzo and San Antonio 196
Township No. 1 196
Township No. 2 197
Township No. 3 197
Township No. 4 197
Township No. 5 197
Township ^To. 6 198
Township No. 1 198
Township No. 2 198
Township No. 3 199
Township No. 1 199
Township No. 4 199
Township No. 1 199
Township No. 2 200
Township No. 3 200
Present Township Boundaries 201
Township No. 1 201
Township No. 2 201
Township No. 3 201
Township No. 4 202
Township No. 5 202
Board of Supervisors 202
Election Precincts 204
Road Districts 204
School Districts 206
POLITICAL HISTORY 207
Mexican Government 207
Military Government 208
Constitutional Convention 208
San Jose made State Capital 210
Members of First California Legislature 211
Senators 211
Assemblymen 213
Gov. Burnett assumes office 214
Capital removed 214
Records of Court of Sessions and Board
of Supervisors 218
1851 219
1852 . . 220
Vlll
INDEX.
PAGE.
Records of Court of Sessions and Board
of Supervisors (continued)
1853 222
1854 222
1855 222
1856 223
1857 224
1858 224
1859 224
1860 224
1861 225
1862 226
1863 226
1864 226
1865 227
1866 227
1867 227
1868 227
1869 228
1870 * 228
1871 228
1872 228
1873 229
1874 229
1875 229
1876 229
1877 230
1878 230
1879 231
1880 231
1881 232
Oilman vs. Contra Costa County 232
Table of Assessed Value of Property,
1850-1881 238
Table showing yearly taxation 1850 to
1882 ; . . 239
Table of County Officers 240
MEXICAN GRANTS 254
Rancho del Diablo 292
Rancho Laguna de Palos Colorados. . . 292
Rancho San Pablo 293
Rancho Arroyo de las Neuces y Bol-
bones 294
Rancho Medanos 297
Rancho El Sobrante 298-306
Rancho Los Meganos 304
List of Land Claims 335
HOMICIDES :
The People vs. Wempett & Wampejt. . 341
Aparacio Morales 341
Ignacio Flores, alias Figaro 341
James M. Gordon 341
PAGE.
HOMICIDES (continued)
Terence H. McDonald 342
Dr. John Marsh *...... 342
Nicholas Brenzel : 344
An " Unknown " 344
Edward Norris 345
Sadella Catiyo 346
Guadalupe Tapia 346
N. Nathan 346
Patrick Finnegan 346
James Magee 346
Louis D'Alencon 347
An " Unknown " . . 347
John Pete 347
Martine Berryessa 348
Aravena 348
"Jo" 348
Jesus Diana 348
- Valencia 349
Mrs. Elizabeth Robinson 349
Sacramento Leibas 350
Peter Lynch 350
Enoch J. Davis 351
William Nesbit 351
S. A. Carpenter 352
Mrs. Laura Walker 352
Jos< Vaca 352
George Minchell 353
Herman Heyder 354
James Fergusson 355
Silverio Monjas 357
Patrick Sullivan 359
Peter Peters 360
Valentine Eischler 362
Jamiens 363
Michael Duffy 364
Martin Gersbach 364
Ramon Chavis 367
Ah Hung 367
Jose' Arrayo 368
James Mills 368
George Mitchell 368
Jose Reyes Berryessa 369
An " Unknown " 370
Langbhen Children 373
A Chinawoman 374
Thomas Sheridan 374
Manuel Sibrian 375
Louis Farreri 375
Patrick Sullivan 377
Sheridan 377
Christian Smith 378
INDEX.
IX
TOWNSHIP HISTORIES.
PAGE.
TOWNSHIP NUMBER ONE 382
Geography 382
Topography 382
Soil 382
Products 382
Timber 382
Climate 383
Early Settlement 383
MARTINEZ 388
Churches 398
Roman Catholic Church 398
Grace Church (Episcopal) 398
Congregational Church 401
Schools 401
Newspapers 402
Contra Costa Gazette 402
Contra Costa News 403
Lodges, Societies, etc 404
Martinez Lodge, No. 41, F. & A. M . . 404
Laurel Council, O. C. F 404
Occidental Chapter, No. 64, 0. E. S . . 405
Carquinez Lodge, No. 90, A. O. U. W . 405
The Bank of Martinez 405
Grangers' Warehouse, etc 406
The Fishing Industry 407
Salmon Canneries 409
Cannery of Joseph Black 412
Martinez Packing Co 412
The Christian Brothers Institution 412
Cemeteries 414
Alhambra Cemetery 414
Roman Catholic Cemetery 414
PORT COSTA 415
CROCKETT 415
Heald's Foundry , 416
PINOLE 418
Hercules Powder Works 419
SAN PABLO 420
Vulcan Powder Works 422
TOWNSHIP NUMBER TWO 425
Geography 425
Topography 425
Soil 425
Products 425
Timber 425
Climate 425
Early Settlement 425
ALAMO 436
DANVILLE 437
Danville Church 438
Danville Grange, No. 85, P. of H 443
LAFAYETTE
SAN RAMON
WALNUT CREEK
Alamo Lodge, No. 122, F. & A. M . . . ,
Mount Diablo Lodge, No. 91, A. O. U. W
Bay Leaf Lodge, No. 7, Deg. of Honor
Woodbine Chapter, No. 43, O. E. S. . . .
Twilight Lodge, No. 331, I. 0. G. T .
Bareges Sulphur Springs
TOWNSHIP NUMBER THREE
Geography
Topography ,
Soil
Products
Timber
Climate ,
Early Settlement
PACHECO
Churches
Schools
Pacheco Lodge, No. 117, I. O. 0. F. . .
Pacheco Flour Mills
L. Anderson's Lumber Yard
Excelsior Soda Works
CONCORD
TOWNSHIP NUMBER FOUR
Geography ,
Topography
Soil
Products
Timber
Climate
Early Settlement
CLAYTON
Congregational Church
NEW YORK LANDING
Pioneer Cannery
NORTONVILLE
Social Encampment, No. 50, I. O. 0. F,
Black Diamond Lodge, No. 29, K. of P,
Carbondale Lodge, No. 228, I. 0. G. T.
PITTSBURG LANDING
SOMERSVILLE .
Mount Diablo Lodge, No. 128, 1. 0. O. F.
Somersville Lodge, No. 210, A. 0. U. W,
TOWNSHIP NUMBER FIVE
Geography
Topography
Soil
Products
Timber . .
PAGF.
443
444
444
446
447
447
448
448
449
450
450
450
450
450
450
450
451
454
457
457
457
460
460
460
461
462
462
462
4C2
462
462
462
462
469
471
471
472
472
474
475
475
476
477
477
478
479
479
479
479
479
479
Vlll
INDEX.
PAGE.
Records of Court of Sessions and Board
of Supervisors (continued)
1853 222
1854 222
1855 222
1856 223
M857 224
1858 224
1859 224
1860 -224
1861 225
1862 226
1863 226
1864 226
1865 227
1866 227
1867 227
1868 227
1869 228
1870 228
1871 228
1872 228
1873 229
1874 229
1875 229
1876 229
1877 230
1878 230
1879 231
1880 231
1881 232
Oilman vs. Contra Costa County 232
Table of Assessed Value of Property,
1850-1881 238
Table showing yearly taxation 1850 to
1882 : . . 239
Table of County Officers 240
MEXICAN GRANTS 254
Rancho del Diablo 292
Rancho Laguna de Palos Colorados. . . 292
Rancho San Pablo . . . 293
Rancho Arroyo de las Neuces y Bol-
bones 294
Rancho Medanos 297
Rancho El Sobrante 298-306
Rancho Los Meganos 304
List of Land Claims 335
HOMICIDES :
The People vs. Wempett & Wampejt. . 341
Aparacio Morales 341
Ignacio Flores, alias Figaro 341
James M. Gordon 341
PAGE.
HOMICIDES (continued)
Terence H. McDonald 342
Dr. John Marsh *...... 342
Nicholas Brenzel 344
An "Unknown " 344
Edward Norris 345
Sadella Catiyo 346
Guadalupe Tapia 346
N. Nathan 346
Patrick Finnegan 346
James Magee 346
Louis D'Alencon 347
An " Unknown " 347
John Pete 347
Martine Berryessa 348
Aravena 348
"Jo'' 348
Jesus Diana 348
- Valencia 349
Mrs. Elizabeth Robinson 349
Sacramento Leibas 350
Peter Lynch 350
Enoch J. Davis 35 1
William Xesbit 351
S. A. Carpenter 352
Mrs. Laura Walker 352
Jos6 Vaca 352
George Minchell 353
Herman Heyder 354
James Fergusson 355
Silverio Monjas 357
Patrick Sullivan 359
Peter Peters 360
Valentine Eischler 362
Jamiens 363
Michael Duffy 364
Martin Gersbach 364
Ramon Chavis 367
Ah Hung 367
Jos<5 Arrayo 368
James Mills 368
George Mitchell 368
Jose Reyes Berryessa 369
An "Unknown " 370
Langbhen Children 373
A Chinawoman 374
Thomas Sheridan 374
Manuel Sibrian 375
Louis Farreri 375
Patrick Sullivan 377
-Sheridan 377
Christian Smith 378
IXDEX.
IX
TOWNSHIP HISTORIES.
PAGE.
TOWNSHIP NUMBER ONE 382
Geography 382
Topography 382
Soil 382
Products 382
Timber 382
Climate 383
Early Settlement 383
MAKTINEZ 388
Churches 398
Roman Catholic Church 398
Grace Church (Episcopal) 398
Congregational Church 401
Schools 401
Newspapers 402
Contra Costa Gazette 402
Contra Costa News 403
Lodges, Societies, etc 404
Martinez Lodge, No. 41, F. & A. M . . 404
Laurel Council, O. C. F 404
Occidental Chapter, No. 64, 0. E. S . . 405
Carquinez Lodge, No. 90, A. 0. U. YV . 405
The Bank of Martinez 405
Grangers' Warehouse, etc 406
The Fishing Industry 407
Salmon Canneries 409
Cannery of Joseph Black 412
Martinez Packing Co 412
The Christian Brothers Institution 412
Cemeteries 414
Alhambra Cemetery 414
Roman Catholic Cemetery 414
PORT COSTA 415
CROCKETT 415
Heald's Foundry 416
PINOLE 418
Hercules Powder Works 419
SAN PABLO 420
Vulcan Powder Works 422
TOWNSHIP NUMBER TWO 425
Geography 425
Topography 425
Soil 425
Products 425
Timber 425
Climate 425
Early Settlement 425
ALAMO 436
DANVILLE 437
Danville Church 438
Danville Grange, No. 85, P. of H 44.S
LAFAYETTE
SAN RAMON
WALNUT CREEK
Alamo Lodge, No. 122, F. & A. M . . .
Mount Diablo Lodge, No. 91, A. O. U. W
Bay Leaf Lodge, No. 7, Deg. of Honor
Woodbine Chapter, No. 43, 0. E. S
Twilight Lodge, No. 331, I. O. G. T .
Bareges Sulphur Springs
TOWNSHIP NUMBER THREE
Geography
Topography
Soil "...
Products
Timber
Climate ,
Early Settlement
PACHECO
Churches
Schools
Pacheco Lodge, No. 117, I. O. O. F. . .
Pacheco Flour Mills
L. Anderson's Lumber Yard
Excelsior Soda Works
CONCORD
TOWNSHIP NUMBER FOUR
Geography
Topography
Soil
Products
Timber
Climate
Early Settlement
CLAYTON
Congregational Church
NEW YORK LANDING
Pioneer Cannery
NORTONVILLE
Social Encampment, No. 50, I. O. 0. F,
Black Diamond Lodge, No. 29, K. of P,
Carbondale Lodge, No. 228, I. O. G. T,
PITTSBURG LANDING
SOMERSVILLE .
Mount Diablo Lodge, No. 128, 1. 0. O. F.
Somersville Lodge, No. 210, A. O. U. W,
TOWNSHIP NUMBER FIVE
Geography
Topography
Soil
Products
Timber . .
PAGF.
443
444
444
446
447
447
448
448
449
450
450
450
450
450
450
450
451
454
457
457
457
460
460
460
461
462
462
462
4C2
462
462
462
462
469
471
471
472
472
474
475
475
476
477
477
478
479
479
479
479
479
479
INDEX.
PAQR.
Climate 479
Early Settlement 480
ANTIOCH 486
Congregational Church 492
Methodist Episcopal Church 493
Antioch Lodge, No. 175, F. & A. M .... 493
San Joaquin Lodge, No.*151, I, 0. 0. F. 494
Antioch Lodge, No. 33, A. 0. U. W . . 494
Ariel Chapter, No. 42, 0. E. S 494
Y. M. T. & L. Society 495
Antioch Fire Department 495
Rouse, Forman & Go's Lumber Yard . . 495
PAG*.
Albion Pottery 495
Pioneer Soda Works 496
" Weekly Antioch Ledger " 496
Antioch Distillery Company 496
BRENTWOOD 496
BYKOX 497
Byron Hot Springs 497
EDEN PLAIN AND POINT OF TIMBER 497
Point of Timber Lodge, A. O. U. W . . 498
Excelsior Lodge, No. 349, 1. O. G. T . . 498
Point of Timber Grange, No. 14, P. of H. 499
JUDSONVILLE . . 499
BIOGRAPHICAL SKETCHES.
Abbott, J. P 500
Alvarado, Don J. B. (deceased) 500
Anderson, Ludwig 502
Antony, Andrew (deceased) 503
Ashley, Smith 503
Bacon, Samuel S 504
Bailey, Angelo A 504
Baker, John 505
Baker, Josiah R 506
Baldwin, Robert 506
Barber, Mathew R 507
Beebe, Benjamin F 508
Bennett, Seeley J 509
Berhinger, Mathias 509
Blum, Simon 510
Blume, Henry 511
Bellinger, Joshua 511
Boyd, John W 512
Boyd, Joseph 512
Bradley, Thomas W 512
Brawand, John 513
Bromley, John L 514
Brown, Hon. Elam 515
Brown, Hon. Thomas A / 531
Brown, Hon. Warren 534
Brunkhorst, Wm. A 535
Bryant, Gardner M 536
Burpee, Winfield S 536
Byer, John R 536
Carey, Joseph F 538
Carothers, Hon. J. H., M. D 539
Carter, James 539
Castro, Patricio 539
Cavanagh, John 540
Caveu, Robert H 540
Chase, John G 540
Christenson, J 541
Clancy, Daniel 542
Clayton, Joel (deceased) '. . . . 542
Clayton, Charles J 543
Coats, Wilson 543
Coats, Felix G . ., 544
Condie, John 544
Conway, John 545
Cox, Wm. W 545
Curry, James 546
Darby, Hon. A. G 546
Davis, John 547
Davis, Solomon P 548
Davis, William A 549
Dean, David 549
Denkinger, John 550
Diefenbach, Andrew 550
Dohrmann, F. H. C. (deceased) 550
Downing, Theodore 551
Durham, Joshua E 551
Eckley, John L 552
Edwards, Thomas 553
Elliott, Mark 554
English, Warren B . . . 555
Fales, Capt. Orris 556
Fernandez, Bernardo 556
Finley, Harrison 557
Flournoy, Thomas 558
INDP:X.
XI
PAGE.
Ford, Erastus 558
Forman, William R 559
Foster, James 559
Fraser, John A 561
Fuller, Robert R 561
Gambs, Ferdinand 561
Gambs, John 562
Garrido, E. A 562
Gartley, Alonzo L 563
Gay, James (deceased) 563
Geary, Lawrence 564
Gehringer, Andrew 565
Gift, Col. W. W. (deceased) 565
Gift, W. A. J 567
Glass, David 567
Graves, Amos M 568
Gray, Martin L 568
Gregory, Mnnsou 569
Grigsby, Erasmus D 570
Grunauer, Louis : . . . . 570
Hamburg, Frederick L 570
Hammett, Hon. Geo. W 571
Hammitt, Hon. A. W 571
Hardy, Hiram P 573
Harlan, Joel (deceased) 573
Harrison, Capt. Alfred 574
Hawxhurst, Geo. W 575
Hemme, August 709
Hernandez, Joaquin 576
Hiller, Edwin W 576
Hodges, Benjamin 577
Hoey, James 577
Hoffman, Ferdinand 577
Hoffman, William 578
Holliday, B. R 578
Holloway, Barnes 579
Hook, William (deceased) 580
Hough, E. F., M. D 583
Howard, Charles E 583
Howard, Nathaniel S 584
Ivory, M. B 584
Jacob, David 585
James, Oliver F 585
Johnson, Sampson W 586
Johnston, John 586
Jones, John W 587
Jones, Hon. Joseph P 587
Jones, Nathaniel 588
Jones, Robinson M 595
Kapp, Frederick (deceased) 595
Kearny, Michael 596
Kirsch, Michael . 596
PAGE.
Kirkwood, Nicholas 597
Klein, Philip J 597
Kohlcr, Ernst F 597
Krieger, William ' 598
Langenkamp, Frederick 598
Larkey, John 599
Littlefield, Joshua A 599
Loucks, George P , 600
Lynch, William 600
Lynch, Leo 601
McCabe, J. P . . 601
McCabe, Thomas 601
McCann, John 602
McClellan, David F 603
McHarry, James 604
McMaster, J. C 604
McNamara, James 605
Marsh, Doctor John (deceased) 605
Martinez, Vicente J 617
Martinez, Antonio M 618
May, Col. W. B 618
Meese, William 619
Miller, C. Ed 619
Mills, Richard 620
Moore, John S., D. D. S 620
Moore, John S 621
Morgan, Jeremiah 621
Morgans, Morgan 622
Murphy, Thomas 623
Nelson, A. P 623
Newberger, Solomon 624
Newman, William 624
Nicholl, John 624
Nichols, Howard 625
Norris, Leo 626
Norris, William H 626
Norton, Noah (deceased) 626
Nottingham, C. B 628
O'Brien, J. C 628
Pacheco, Fernando 629
Peterson, John C 530
Plumley, Alouzo 631
Polley, Henry 631
Porter, Hon. C. B 632
Portman, Andrew .... 633
Pratt, William C 633
Raap, Henry 634
Ramage, Samuel F 634
Rankin, James 635
Rehnert, William 635
Reiners, John 636
Rhine, Charles 636
Xll
INDEX.
PAGE.
Rice, William 637
Rodgers, William B 641
Rouse, John C 641
Rumrill, Azro 642
Sanford, Farmer 642
Scammon, George H 643
Sherburne, Albert 643
Sherburne, Hon. D. N 644
Sherman, George B 645
Shreve, Benjamin 645
Shuey, H. S 646
Silva, Antonio P 646
Smith, Francis A 647
Smith, John B 647
Smith, John F. S 648
Smith, Rev. W. W 669
Soto, Ignacio 673
Soto, Silvero I. C 673
Sproll, John 674
Standish, Syranus 674
Stege, Richard 675
Stewart, James 675
Stewart, William B C76
Stone, Albert W 677
Stow, James M 677
Sturges, Josiah 678
Taggart, John M 678
Taylor, A. T 680
Taylor, Voliiey 680
Tennent, S. J., M. D 680
Thode, H. N 681
Thomson, Peter 681
Tormey, John (deceased) 682
Tormey, Patrick 683
Trengove, John 684
Troy, John H 684
Veal, Richard R 684
Wagner, Theodor 685
Walker, James T 686
Walker, Capt. Joseph R 688
Walton, John P 691
Walton, Mark A. 692
Ward, Henry E 692
Warmcastle, Hon. F. M 692
Warnecke, August 694
Webb, Frank 694
W T hitney, William E 694
Wright, Charles N 695
Wright, Randolph H 696
W T ilkening, Henry 697
Williams, David P 698
Williams, 'Francis 698
Williams, Jesse H 699
Wills, Josiah 699
Wills, T. N- 700
Wilson, John M 700
Winslow, Michael 701
Witten, Thomas Z 701
Wittenmyer, L. C 702
Wood, Hon. Chas 704
Woodruff, David S 705
Woolbart, Martin 706
Wyatt, William (deceased) . 706
Yoakum, Geo. W 707
INDEX.
XdL
^^
xni
INDEX OF PORTRAITS.
PAGE.
Abbott, J. P 230
Anderson, Ludwig. ... 550
Bacon, Samuel S 484
Baldwin, Robert 186
Barber, M. R 472
Beebe, Benjamin F 624
Blum, Simon 242
Blume, Henry 674
Boyd, Joseph , 286
Bradley, Thomas W 296
iiromley, J. L 462
Brown, Hon. Elam 17
Brown, Hon. Thomas A 56
Chase, John G 494
Clancy, D 704
Clayton, Joel 36
Coats, Felix G . 252
Cranna, W. R 594
Davis, John 220
Dohrmann, F. H. C 538
Durham, J. E 396
Edwards, Thomas 614
English, Warren B 100
Ford, Erastus : . . 700
Forman, W. R 120
Gay, James 308
Gehringer, A 664
Gift, Col. W. W 198
Gregory, Munson 352
Harlan, Joel 78
Hawxhurst, G. W 208
Hemme, August , 132
Jones, Nathaniel 264
P\GE.
Jones, Hon. J. P 340
Kapp, Frederick 374
Loucks, Geo. P 154
McCabe, J*. P 528
McCabe, Thomas 362
McHarry, James 582
Marsh, Dr. John (Frontispiece).
May, Col. W. B 142
Morgan, Jeremiah 110
Murphy, Thomas 654
Nicholl, John. 572
O'Brien, J. C 274
Pacheco, F 26
Plumley, Alonzo 694
Porter, Hon. C. B 318
Reiners, John 684
Rice, William 176
Shuey, H. S 506
Silva, A. P 604
Smith, John F. S 450
Smith. Rev. W. W 66
Soto, S. I. B 634
Stege, Richard 516
Stewart, James 644
Stone, A. W 406
Tennent, S. J 46
Tormey, Patrick 428
Veal, R. R 418
Wagner, Theodor 384
Walker, James T 88
Wilkening, Henry 560
Wills, T. N 440
Wittenmyer, L. C 164
Woods, Hon. Charles.. . 330-
of Contra Go$te GoimfaJ.
HISTORY OF CONTRA COSTA COUNTY;
CALIFORNIA.
Geography Population Area Derivation of Name Geology Mineralogy Contra Oosta
Hills Monte Diablo Group Topography Mount Diablo Olimatography General
Eemarks Agriculture Pomology Earthquakes Aborigines.
CONTRA COSTA COUNTY is bounded on the north by the Bays of San
Pablo and Suisun, the Straits of Carquinez and San Joaquin River ; on the
south by Alameda County ; on the east by San Joaquin County, and on the
west by Alameda County and the Bay of San Francisco.
By a reference to a map of the State of California, the immense advan
tages of location which the county possesses will be immediately made
apparent. Its geographical position is as near as may be about the center
of the coast line of the State, while on a portion of its western front is the
world-famous Bay of San Francisco, and on its north the commodious San
Pablo and Suisun Bays. On the opposite shore of the Straits of Carquinez
lies the town of Benicia, at last springing into prominence, for here the
great overland line of the Central Pacific Railroad crosses to the shores of
our county, whence, being landed at the thriving shipping point of Port
Costa, it finds its way to the metropolis of the Pacific. The main overland
southern route, too, passes through the county, while new lines are being
now graded, still further to tap its internal resources.
AREA. The area of Contra Costa County is embraced in four hundred
and ninety square miles of hill and mountain, one hundred and fifty of
valley, and one hundred and ten of tule or marsh lands lying along the
shores of the Bays and on the margin of the San Joaquin River, in the
north-east portion of the county, making a total of seven hundred and fifty
square miles, thus placing Contra Costa in the position of being in point of
size, the forty-third in the State.
It embraces all of the various lands suitable for the production of fruits,
cereals, or vegetables, and the raising of stock, while its many beautiful
vales are the paradise of the agriculturist, viticulturist, and pomologist.
18
History of Contra Costa County.
DERIVATION OF NAME. The origin of the name which the county bears,
was described in a report made to the Senate, under date April 16, 1850,
by General Mariano Guadalupe Vallejo, then Senator from the District of
Sonoma, entitled: "Report of Mr. Vallejo on the Derivation and Definition
of the Names of the several Counties of California." In that report, un-
equaled in its style, and in the amount of information crowded into a small
compass, he says of Contra Costa: "The name signifies 'Opposite Coast,'
and the country is so called from its situation opposite San Francisco, in an
easterly direction. It is undoubtedly one of the most fertile counties in the
State, possessing rich agricultural lands, which embrace an interior coast of
thirty leagues, extending in the Bays of Santa Clara, San Francisco, San
Pablo, the Straits of Carquinez, the Bay of Suisun, and the San Joaquin
River; a circumstance which, united to its mild climate, will render it very
important."
POPULATION.
1860.
1870.
1880.
California ....
379,994
560,247
865,747
CONTEA COSTA
COUNTY
8,461
12257
Township
No. 1
3 125
a
" 2
a
2,527
a
" 3
o
y
t-i
1 681
4
o
o
ct>
o
1 960
a
" 5
>-s
a,
Hj
pu
2,964
GEOLOGY AND MINERALOGY. There is perhaps no subject in the whole
range of scientific research so fraught with interest and so sure to yield a
rich harvest to the investigator as the study of the earth's crust, its forma
tions and upbuilding. In this the careful student and close observer sees
more to prove the assertion that "in the beginning God created the heavens
and the earth," than can be found on any written page. Indeed, it may
well be called a written page a tablet of stone on which the finger of God
has written, in letters of life and death, the history of the world from the
time when the earth was "without form and void," until the present day.
What a wonderful scroll is it which, to him who comprehends, unfolds the
story of the ages long since buried in the deep and forgotten past! In
wonder and amazement he reads the opening chapters, which reveal to his
astonished gaze the formation of the igneous bed-rock or foundation crust
on which, and of which, all the superstructure must be built. The formless
and void matter is slowly crystallizing into that peculiarly organized tri-
Geography, Name, Topography, Etc. 19
partite mass known now as granite, than which there is no more curiously
formed thing on earth, and none could be better adapted for foundation
purposes than this adamantine stone. Silica, spar and mica, three inde
pendent substances, all crystallizing freely and separately, each after the
manner and under the laws which govern its special formation, are so in-
dissolubly united in one mass, that the action of the elements for centuries
is scarcely perceptible, and the corrosive tooth of time makes but a print
upon its polished surface during ages.
From this page we turn to the one above it, for be it known that the
geological book is arranged so that its primary pages come at the bottom.
Here is found incipient life, in the form of trilobites, polyps, various classes
of mollusks, together with worms and crustaceans. Near the close of the
page there is found the record of fish also. All through the page is found
descriptions of the primal vegetable life which existed on the earth in the
shape of sea- weed and algae. The entire face of the earth was then covered
with water, for this was before the decree had gone forth which said, "Let
the waters under the heavens be gathered together into one place, and let
the dry land appear." What an era of storms and tempests that must have
been ! No continents nor even islands against which the angry waves could
dash in their mad fury. What tides there must have been ! But all this
great commotion was necessary, for enough of the great granite body had
to be dissolved and eroded to form a body of matter several hundred feet
in thickness in the lowest places.
Another page is turned to view, and here is to be read the fact that the
sea was full to overflowing with fish. And now the dry land had appeared,
"and the earth brought forth grass." Here was the beginning of vegetable
life in the world, other than which grew in the sea. Animal life has now
advanced to the vertebrates, and vegetable life has been ushered into the
world. Great earthquakes now begin to occur, and mountain ranges are
formed. Storm and tempest range much as in the last age, and erosion is
going on rapidly, and detritus is forming layer after layer of the rocks now
classified as belonging to this geological period. What cycles of time, as
measured by man's chronology, transpired during this age, no one can tell,
yet to man, if it could be told to him, it would seem to be not a time, but
an eternity.
The unfolding of the next page reveals to man the most useful as well
as wonderful epoch in the upbuilding of the earth's superstructure. It is
now that the great coal fields are formed, from which man, in the due full
ness of time, is permitted to draw his supplies for fuel for all purposes'
How wonderfully is the munificence and wisdom of God exemplified in this
one age in the world's formation ! Quite large areas of land have now
been elevated above the surface of the raging Devonian sea. The native
heat of the earth radiating continuously, expanded the water into vast
20 History of Contra Costa County.
volumes of mist, which floated upward till it came in contact with the
cooler stratas of air, when it was precipitated to the earth in grand old
thunder showers. The atmosphere was charged with heat, and burdened
with moisture and carbonic acid. These were conditions most favorable
for the development of a gigantic and profuse growth of vegetation, and the
surface of the earth was covered with such a forest as the mind of man can
not conceive. Centuries rolled by, and at last large masses of these trees
had grown up, fallen down and formed themselves into interminable and
impenetrable jungles. Then the continents began to exchange places with
the seas, and water covered the great forests so lately in the full flush of
their exotic pride. Then the silt and sand formed great bodies of shales
and slate-stone upon the top of the forest, and the weight of the body of
rock and earth pressed it till it formed into the mass we now find it, and
the process of solidification occurred, and stone coal was the result. In
accordance with the laws of correlation and conservation of forces, the great
coal beds are only immense reservoirs of heat in a latent state, only await
ing the proper conditions for development and application to the uses and
advantages of the human family. Could a man have seen the process of
coal-making going on, away back in the almost twilight of the early dawn
of the earth's existence, he would naturally have asked: To what use can
that brittle, black material ever be put ? Too fragile for building purposes,
and too hard and sterile for agricultural economies, and yet evidently
designed by the All- wise Creator for some beneficent purpose. But to-day
the answer is written on every hand in letters of living light. The sunbeam,
charged with heat, comes from the bosom of that great source of light and
heat, and assimilates itself with the great body of heat and vegetation, then
everywhere so rife. 'Ages roll on, and that sunbeam and its brothers of that
day, have long since been forgotten. The fullness of time has now come,
and a race of beings inhabit the earth which existed only in the will and
mind of the Infinite One at the time of the upbuilding of these great coal
measures. These creatures are called men, and they are delving far down
into the deep recesses of the earth. For what are they searching amid the
dark chambers and along the gloomy passages which they have burrowed
out in the bosom of the earth ? We follow and find them with pick and
drill dislodging a heavy black substance, and sending it in cars to the sur
face of the ground. We follow it as it passes from hand to hand. Do you
see that happy household band gathered around the cheerful hearth, while
without the storm-king rages with all the fury of a demon ? Hark ! Do
you hear the clank and whir of machinery which comes from those buildings,
affording employment for hundreds of needy men and women, keeping the
wolf from the door, and even making them happy ? Do you see that train
of cars speeding over hill, through valley and across plain, bearing with it
a host of people, hurrying to and from their avocations of life ? Do you
Geography, Name, Topography, Etc. 21
see the mighty steamer which plows the ocean's crested main from port to
port, from land to land, bearing the wonderful burdens of commerce in its
capacious maw ? Yes, you see them all. You hear the pulse and throb of
the mighty engine which drives all these wonders on to success, and which
is so conducive to man's happiness and best good. But, did you ever pause
to think that, ere time was, almost, the agent which was destined to perform
all these marvels was garnered away in God's great store-houses the coal
fields, and that to-day we are reaping the full fruition of all these centuries.
How grand the theme ! How the heart should echo in His praise for His
wonderful goodness to the generations of men !
The next page upwards reveals to us the fact that reptiles, frogs and
birds came into existence, or rather, that the two former developed into the
full vigor of their generation, while the latter was introduced for the first
time upon the scene of action. It is not our purpose here to make any
close inquiries into the origin of animal life, and shall use the word de
veloped in relation to the introduction of a new series of animal life, as
being eminently proper, but not as having any reference to the Darwinian
idea of development, although the day has already dawned when the human
race will accept the truths of that theory, let them be ever so contradictory
to what is now taught. For our purpose one theory is as good as another.
The fact is that in the carboniferous or coal period, there are no traces of
birds at all ; and in the next age we find their foot-prints on the sandstone
formations. Whence they came we know not nor do we care. They were
of gigantic stature evidently, for their tracks often measured eighteen inches
long, and their stride ranged from three to five feet ! Another phase of
animal life was developed in this age, and that was the mammal, which
was an insect eating marsupial.
Another page is laid open for our perusal, and on it we read that the
race of reptiles reached their culmination in this age, holding undisputed
sway over land and sea, and in the air. They were very numerous, and
their forms exceedingly varied and strange, and their size in many cases
gigantic. Some kinds, like the pliosaurus, plesiosaurus, and ichthyosaurus,
were sea saurians, from ten to forty feet in length ; others were more like
lizards and crocodiles ; others, like the megalosaurus and igiranodon, were
dinosaurs from thirty to sixty feet in length ; others, like the pterodactylus,
were flying saurians, and others turtles. The megalosaurus was a land
saurian, and was carnivorous. This is the first land animal of which there
is any record, which subsisted on the flesh of other animals. The ptero
dactyl was one of the most wonderful animals which ever existed on the
face of the earth. It had a body like a mammal, wings like a bat, and the
jaws and teeth of a crocodile. It was only about one foot long.
The next page does not reveal any very marked changes from the last.
The same gigantic reptiles are in existence, but on the wane, and finally
22 History of Contra Costa County.
become extinct during this era. The vertebrates make a great stride for
ward towards their present condition, while all the leading order of fishes
are developed just as they exist to-day. Up to this time the fish had not
been of the bony kind, but now that peculiarity is developed.
We have now perused the great book of Nature until we have come up
to those pages, which are everywhere present on the surface of the earth.
Figuratively, we may consider this page divided into three sections ; the
first or lower of which contains nothing in common with the present age,
all life of that day having long since become extinct. The second section
contains fossils more nearly related to the present time, from ten to forty
per cent, being identical with the living species. In the third section the
percentage of similar species runs from fifty to ninety. The continents
of the world had assumed very nearly the same shape and outline which
they maintain at the present time. Sharks reached the height of their
glory in this age, while the reptiles assumed their true form of snakes,
crocodiles and turtles. For the first time in the history of the world is
there any record of snakes, and how far they preceded man will remain for
the reader to determine from what follows further on. Birds were the
same as at the present time, so far as they went. The mammals of this
age are the chief objects of interest, not only on account of their great
number and the extended variety of forms under which they appear, but
especially because this period marks the time of the introduction of the
true mammals on the earth. The sea and estuaries, though rich in animal
life, no longer furnish the most prominent representatives of the animal
kingdom ; but in this period the mammals assume the first rank. But it
must be here stated that some of these species lived beyond the close of this
age. These animals inhabited the upper Missouri section in great quan
tities, and comprised the moose, rhinoceros, a species similar to the horse,
tapir, peccary, camel, deer, hyena, dog, panther, beaver, porcupine, musk
deer, deer, mastodon, wolf and fox. How like a dream it seems that these
precursors of the present races of mammals should all be swept out of ex
istence ; still, when we come to know what climatic changes occurred at
the close of this period we will not wonder any longer. Not only were the
" fountains of the great deep broken up and the rains descended," but the
continent sank deep below its present surface, and a great sea of ice from
the north swept over its face, bearing death and destruction to all living
creatures in its path. This was the glacial period, and its results are writ
ten on the next page.
This page reveals a wonderful mystery ! The throes of death were the
travails of birth, and that condition of things which swept from the face of
the earth an entire animal kingdom, paved the way for the existence of a
higher and fuller life, even man himself. Hitherto the earth had been in a
process of incubation, as it were " the spirit of the Lord had brooded over
Geography, Name, Topography, Etc. 23
the earth," and this was the finality to it all. This was the long winter of
death which preceded the spring of life. This is known as the drift or
boulder period, and its phenomena are spread out before us over North
America. The drift consists of materials derived from all the previous
formations, and comprise all stages from the finest sand to boulders and
fragments of rock of gigantic size. When the vast sea of ice came crushing
down from the far away home of old Boreas an inestimable quantity of
rock was caught in its giant clutch and ground to powder. Others were
rolled and polished till they were as smooth as glass, while others were
fastened into the body of ice, and carried along miles and leagues from
their native ledges. Throughout the Mississippi valley are numerous granite
boulders, but no known ledge of it exists nearer than the northern lakes.
As soon as the continents had risen from their depressed condition and the
icy era had subsided, wonderful to relate, life sprang into existence in a
fuller and stronger condition than ever before. The vegetable and animal
life of this age was the same as to-day, except the mammals, which, strange
to say, passed away almost entirely at the end of that era. The elephant
during that period was about one-third larger than the present species, and
near the close of the last century one of these monster animals was found
imbedded in the ice on the coast of Siberia in such a state of preservation
that the dogs ate its flesh. Among the many pictures which this fertile
subject calls up none is more curious than that presented by the cavern
deposits of this era. We may close our survey of this period with the ex
ploration of one of these strange repositories ; and may select Kent's Hole
at Torquay, Devonshire, England, so carefully excavated and illuminated
with the magnesium light of scientific inquiry by Mr. Pengelly and a com
mittee of the British Association. In this cave there are a series of deposits
in which there are bones and other evidences of its habitation both by
animals and men. The lowest stratum is comprised of a mass of broken
and rounded stones, with hard red clay in the interstices. In this mass are
numerous bones, all of the cave bear. The next stratum is composed of
stalagmites, and is three feet in thickness, and also contains the bones of
this bear. The existence of man is inferred at this time from the presence
of a single flint-flake and a single flint chip. Water seems to have now
flooded the cave, and the next stratum is composed of stones, clay and
debris, such as would naturally be deposited by water. But the strangest
part of it is, that this flood stratum is rich in relics of its former inhabitants,
yielding large quantities of teeth and bones of the elephant, rhinoceros,
horse, hyena, cave bear, reindeer and Irish elk. With these were found
weapons of chipped flint, and harpoons, needles and bodkins of bone, pre
cisely similar to those of the North American Indians. This stratum is
four feet in thickness, and in one spot near the top there is a layer of char
coal and burnt wood, with remains which go to show that human beings had
24 History of Contra Costa 'County.
been there, and prepared their food by cooking it, and it also proves that
the knowledge and use of fire was known far down into the early dawn of
man's existence on earth. It is to be borne in mind that this is all anterior
to the present state of affairs, and that all the animals mentioned as con
temporaneous with these primitive men have long since passed out of exist
ence, and may not the race of men to which those people belonged have
passed away also, and another race sprung up in their stead, the same as
other races of animals hare developed to supply the place of those passed
away ! These are questions worthy more then a hasty glance. Another
layer of stalagmite now appears to have been formed, in which are bones,
having the same characteristics as those mentioned above, only the jaw-bone
of a man with the teeth in it was found. Now a wonderful change occurs.
The next stratum is black mould, and is from three to ten inches thick, but
in it are found only evidences of modern times, both in the relics of man
and beast. The bones of the animals are of the orders which exist at the
present time, and the relics of men extend from the old Briton tribes before
the Roman invasion up to the porter bottles, and dropped half-pence of
yesterday's visitors. How long a time transpired between the last visit of
the first race of men who knew this cavern, and the first visit of the old
Britons is hard to even guess. That it was many ages none will dare to
question.
We now come to the last page of the great geological book which records
the present era of the world's history, which is pre-eminently the age of
man. That man existed previous to the present order of things, there can
be no question, but it remained for this period to fully develop him in all
his glories and 'powers. The dark night of winter with its snows and ice,
before whose destructive and frigid breath all things which had lived on
the earth had perished, including primitive man, had passed away, and the
whole face of the earth was smiling and rejoicing in the spring-time of its
new existence. The seasons were fully established, and summer's suns and
winter's ice assumed their appropriate offices in the grand economy of the
earth. The seed time of spring and the harvest time of autumn followed
each other through the cycles of centuries with never a change. The earth
was all virgin soil and very rich and productive. The air was fresh,
bracing, and free from all poisonous exhalations. All nature was complete.
Animal life had again covered the world, and all was ready for the crown
ing effort of Nature man. Far away in Western Asia there was a land
favored far above all the countries of the earth ; so much so, that it could
truly be called a paradise. It was a table-land, at the head waters of the
rivers that flow into the Euxine and Caspian seas, and the Persian gulf.
Its climate was healthful and bracing, with enough of variety to secure
vigor, and not so inclement as to exact any artificial provision for clothing
or shelter. Its flora afforded an abundance of edible fruits to sustain life
Geography, Name, Topography, Etc. 25
and was rich in all the more beautiful forms of plant life, while its clear
streams, alluvial soil, and undulating surface, afforded a variety of beautiful
scenery, and all that would go to make up the sine qua non of human
existence. It was not infested with the more powerful and predaceous
quadrupeds, and the animals which did inhabit the region had nothing to
fear, for man was originally purely vegetarian in his diet, and in this para
dise he found ample supplies of wholesome food. His requirements for
shelter were met by weaving bowers of the overhanging trees. The streams
furnished gold for ornament, shells for vessels, and agate for his few and
simple cutting instruments. Such was man's estate in the first days of his
existence ; but the eternal laws of progression soon forced him out of his
primitive bowers into huts, and thence into houses and palaces, and the
end of that progression is not yet. And the human race has a future before
which, if it could be seen and comprehended at one glance, would cause
the heart of man to stand still in wonder and amazement.
We will now pass to a consideration of the geological formation of Contra
Costa County, as is to be found in Professor Whitney's Geological Survey
of California.
Contra Costa Hills. The subordinate group of elevations lying west
of Martinez and the San Ramon and Livermore valleys, is known as the
Contra Costa Hills ; they extend through the county of that name into
Alameda and Santa Clara Counties, and finally become merged in the
Mount Hamilton Division of the Monte Diablo Range. These hills are
separated from the principal mountain mass of Monte Diablo by a system
of valleys extending for about forty -five miles, and preserve a somewhat
distinctive character for some fifteen miles farther, losing their identity
entirely about the head of Calaveras valley. They are made up of tertiary
and cretaceous strata, usually but little metamorphosed, although a belt
extending along their western side is considerably altered from its original
character.
Beginning at the northwest extremity of the group, at Martinez, we
have in the immediate vicinity of that place cretaceous strata, well exposed
in the bluffs along the Straits of Carquinez. Here the rocks observed are
sandstones, shales, and argillaceous limestones, the latter forming bands and
lenticular masses in the shales, generally but a few inches thick, although
sometimes as much as three feet. Their strike is usually about N. 42 W.,
varying, however, from N. 39 W. to N. 44 W., and they dip southwest at
an angle of from 35 to 60.
The rocks near Martinez have furnished a large number of species of
cretaceous fossils of both divisions.
In passing along the shore of the Straits of Carquinez, west of Martinez,
the cretaceous strata occur for about seven miles, and are made up of shales
26 History of Contra Costa County.
and sandstones, the former containing frequent thin layers of hydraulic
limestone. These rocks, however, exhibit but few fossils. The dip and
strike are variable, but generally about east and west magnetic, and the dip
is also irregular, but almost always to the southwest, and at almost every
angle from nearly horizontal to vertical ; the strike is nearly parallel with
the line of the Straits. Near the upper limit of the cretaceous, are sand
stones very like those of Monte Diablo which accompany the coal, and they
contain a considerable quantity of carbonaceous matter, but no regular coal-
bed, so far as yet discovered. Near these carbonaceous strata, and above
them, is a narrow belt, partly altered and folded, and from one hundred and
fifty to two hundred feet in width. The Rodeo valley marks the limit of
the cretaceous, going west from Martinez, the tertiary succeeding in that
direction, and resting conformably on the strata beneath, and having the
same general southwestern dip. South of Martinez the cretaceous strata
have a higher dip, but in the same direction.
Southwest of the Rodeo valley lies a broad belt of tertiary rocks, which
extends from San Pablo bay to Amador valley, forming the mass of the
Contra Costa hills, for a distance of about thirty -five miles northwest and
southeast, and having a breadth of from six to eight miles. The rocks are
chiefly sandstones, and in places highly fossiliferous. San Pablo creek
heads in this belt, and flows between two parallel ridges, in the line of the
strike of the rocks. On the west side of the creek, about four miles a little
south of east from San Pablo, the rocks contain considerable bituminous
matter, and a well had been bored here in 1862 to the depth of eighty-seven
feet, at which point oil was struck, which it was proposed to purify by
distillation, and works were erected for this purpose, as also to obtain oil
from the highly saturated sandstone.* At these springs the rock has a high
dip northeast ; but farther northwest it dips to the southwest, while the
hills in the vicinity are too deeply covered by soil and decomposed rock to
admit of the general position of the strata being determined satisfactorily.
To the north of San Pablo are low hills of very recent strata, which are
nearly horizontal and which rest uncomformably on the edges of the Terti
ary. Whether these beds contain any extinct species of shells has not yet
been determined; at all events, they are no older than the Post Pliocene.
In the valleys between San Pablo and Walnut creeks, many sections
made by the rains of 1861-62 in the superficial detritus are observed. The
beds are horizontally stratified, and made up of light and darker-colored
materials, the lighter ones being darker near their upper surfaces, and
growing lighter downwards to the depth of from six to twelve inches, as
beds usually do when acquiring a color from decaying vegetable substances.
*The quantity of oil obtained seems to have been too small to pay, as the work was not profitable, and had
been discontinued' previous to the oil excitement of 1865 ; whether resumed between that time and the present,
1882, we have been unable to discover.
Geography, Name, Topography, Etc. 27
This would indicate that the rate of deposition of this detritus has been
exceedingly irregular, long periods having sometimes elapsed without much
addition to the detrital deposits, and then, again, a heavy mass of materials
being suddenly spread over the surface, just as takes place at present dur
ing a Winter of extraordinary storms, like those of 1861-62. The appear
ances indicate sometimes a heavy deposit during one year only ; at others,
a succession of them for several years. The same or similar facts are ob
served at many points in the Coast Ranges.
The whole range under consideration is denuded into a great number of
hills and valleys, the latter running parallel with the strike of the strata.
The valleys are excavated in the softer materials, and are frequently drain
ed by streams running in two opposite directions, which connect at their
sources by very low divides, so that one hardly recognizes the fact that he
is passing over them. When streams cut across the strike of the strata, as
they occasionally do, the valleys become mere canons, or narrow rocky defiles.
To the southeast of Martinez there is a good exhibition of the folding
of the strata exhibiting in synclinal axis, which runs from a point one mile
north of Pacheco, southwest to the Canada del Harnbre, a distance of about
four miles.
Walnut creek (Arroyo de las Nueces) heads in the divide between the
valley of this name and that of the San Ramon ; it separates the Contra
Costa hills from the Monte- Diablo group proper. High hills of Tertiary
sandstone rise to the west of it, attaining an altitude of from eighteen
hundred to two thousand feet. The high group of hills north of the head
of the San Ramon is also of sandstone, and has about the same elevation.
The strike of the strata here is about N. 50 W. to N. 55 W., and the dip
65, to the southwest. The San Ramon, heading in this group of hills, runs
southeast, then turns and runs parallel with its former course in the oppo
site direction, having a high and steep range of fossiliferous sandstones
between the two parallel portions.
The foot-hills along the eastern base of these higher ridges are of strata
very much broken, with every possible dip and strike, the latter frequently
at right angles to that of the strata in the main ridge, and standing verti
cal. There are indications of a line of quite recent disturbances of the
rocks through the San Ramon and El Hambre creeks, which line crosses
the general direction of the stratification at an angle of 35. There are
fissures in the soil along the west side of the San Ramon valley, which
were formed during the earthquake of June, 1861, and which may be con
sidered as strengthening the probability of the recent formation of this
valley. That extensive disturbances have taken place in the Monte Diablo
chain within the most recent geological epoch will be seen farther on.
Near the head- waters of the San Ramon, the hills of Tertiary sand
stone rise to the height of about two thousand feet ; the strata having a
28 History of Contra Costa County.
strike of about N. 39 to 41 W. and they have a high dip to the south
west. The same strata, as followed along a few miles farther to the north
west, near Moraga valley, become more nearly vertical, and the strike
curves around more to the west. The same belt of rocks extends southeast
from the head of the San Ramon, through the range of hills west of Ama-
dor valley, and they have a lower and more uniform northwesterly dip.
These hills sink into the plain near the eastern end of the pass leading
from Haywards to Amador valley.
Near the " Walnut Creek House," a small patch of cretaceous occurs,
extending over a few acres, from which the overlying Tertiary, forming the
crown of a low anticlinal, has been denuded.
A belt of metamorphic rock may be traced along the western side of the
Contra Costa hills, beginning near San Pablo, thence following the west side
of Wild Cat creek, and appearing in a southeast direction along the foot
hills of the range, for a distance of about thirty-five miles. It generally
forms a narrow belt, not over two miles wide, and often not half that ; but
in some places there is more or less metamorphic action observable over a
width of four miles. The northwestern portion of this band of altered rock
curves to the northwest, and seems to form the isolated metamorphic hills
lying near the Bay, and west of San Pablo and islands of similar rock in
the Bay, apparently connecting with the range of high hills which run out
at Point San Pedro and extend back of San Rafael.
Near San Pablo a great variety of the results of metamorphic action
may be observed ; as, for instance, in following a line extending from the
house of V. Castro back to the top of the ridge. The original rock seems
to have been a more or less bituminous slate or shale, and patches of it
have almost entirely escaped metamorphism, while others in the immediate
vicinity are very much altered and converted even into mica slate. The
dip of the strata, when it could be made out, was to the northeast, 30 at
the base of the hill, and gradually getting higher towards the crest of the
ridge, where the metamorphism is most complete. Here the rock is tra
versed by small quartz veins, and has evidently been acted on by water
containing silica in solution, as it is, to a large extent, converted into that
mixture of ferruginous, jaspery and chalcedonic material, which is so well
known as frequently containing cinnabar, that we have become accustomed
to call it the "quicksilver rock." Considerable masses of actinolite have
been found lying on the surface in this vicinity, evidently derived from the
rocks of this ridge. The specimens resemble exactly those obtained from
the very much older metamorphic rocks of New England.
The widest and highest portion of this metamorphic belt lies near the
pass leading from Oakland to Lafayette, the summit of which is thirteen
hundred and eleven feet above high tide. About a hundred rods west of
the summit metamorphic slates stand vertical, having a close lithological
Geography, Name, Topography, Etc. 29
resemblance to rocks elsewhere known to belong to the cretaceous system ;
a short distance northwest they have a high dip to the northeast. A sharp
ridge, half a mile in a direction N. 32 W. from the Summit House, is of
hard metamorphic sandstone, of which the strike is N. 64 W., but curving
more to the south as we go southward ; the dip is to the northeast, about
70 in amount. Hand specimens of this rock have a very Trappean look,
but they appear to be of metamorphic origin.
About one mile farther north is the highest point north of the pass;
called " Rocky Mound ;" it is nineteen hundred and twenty-one feet high,
forming a rounded hill, having a distinct stratification, although very
Trappean in its appearance, and a dip to the northeast. Between this point
and the ridge spoken of in the last paragraph, there is a mass of Trappean
rock, finely crystalline and very hard, in which no planes of stratification
can be observed. On the northeast of San Pablo, the unaltered strata rest
on these metamorphic rocks and dip northeast.
The ridge between Wild Cat and San Pablo creeks is made up of strata
dipping northeast from 30 to 35, and having a strike of about N. 52 W.
The north end of this ridge is of quite unaltered strata, while the southern
portion is highly metamorphosed.
On the east side of Carlisle creek, a metamorphic limestone occurs, in
which all traces of stratification have been obliterated, the mass of the rock
being traversed by veins of quartz, resembling semi-opal in appearance.
South of the pass from Oakland to Lafayette, several high dome-shaped
hills rise, having an elevation of about eighteen hundred and fifty feet,
made up of highly metamorphic rock having a Trappean aspect, but strati
fied and dipping northeast. Intruded in this are masses of rock which
appear to be of decidedly eruptive origin, as the metamorphic strata are
displaced in their vicinity. Here, as in many other localities in California,
it is difficult to draw the line between eruptive and sedimentary, as both
have undergone extensive metamorphism since their formation.
A short distance south of the pass the metamorphic strata suddenly con
tract to about one and a half miles in width, an arm of unaltered sandstone
and slates extending up between two branches of the metamorphic. In this
region the slates are little metamorphosed, appearing white and easily
decomposed, although much contorted. Portions are highly silicious, but
soft and fiable, and, under the name of " Kaolin," are used to mix with clay
in making pottery at San Antonio. This belt of slates and shales may be
traced southeast as far as Sunol valley, beneath which they dip, rising again
probably and appearing in a highly metamorphic form in the mass of the
Mount Hamilton group. In the places where they are not metamorphic
they have all the lithological character of the strata known to be of
Cretaceous age, which have been described as occurring near Martinez, and
which will be noticed farther on as so well developed near Monte Diablo.
30 History of Contra Costa County.
Lying to the west of this are massive sandstones, entirely unaltered,
which as yet have furnished no fossils, but which are believed to be of
Cretaceous age. They form an elevated ridge, of which a culminating point
is Redwood peak, sixteen hundred and thirty-five feet above the level of
the bay. The strike of these sandstones at this point is about N. 69 W.,
but they curve more to the south on the southeastern side of the ridge.
Their usual dip is to the northeast, but near Redwood point the strata are
much broken, and three miles southeast they sometimes stand vertically or
have a very high dip to the northeast.
Beneath this mass of sandstones, and extending to the southwest, there
is a body of coarse conglomerate, forming a series of ridges of considerable
altitude. Northeast of San Leandro it appears in the range of hills form
ing the eastern boundary of the San Antonio Ranch. Ten or twelve miles
farther to the southeast it appears in Sunol peak, which rises to an elevation
of over two thousand feet, on the southeast side of which it dips to the
southwest. It passes through the Sunol valley and becomes a portion of
the great metamorphic belt of the Mount Hamilton Range.
Although no fossils have been found in place in the belt of slates and
shales alluded to above as exhibiting so well marked a resemblance to rocks
elsewhere determined to be of cretaceous age, yet a few boulders have been
picked up which contained shells undoubtedly of this epoch. A more
careful search will hardly fail to furnish some farther evidence on this
point. One of these boulders was found near the entrance of Sunol valley,
in a locality where it is hardly possible that it should have come from any
other belt of rocks than that indicated above.
The metamorphic band before alluded to, as beginning near San Pablo,
after narrowing near Redwood peak, extends along the western slope of the
hills, forming the lower ridges at their base. It does not, however, form a
well defined belt parallel with the strike of the strata, nor does it appear to
represent an axis of elevation. In a section examined from San Leandro
across the summit of Monte Diablo, it was seen conformably underlying the
conglomerates and sandstones before spoken of ; but farther south its rela
tions to the adjacent rocks become very obscure, owing to the almost entire
obliteration of the lines of stratification consequent on the increased meta-
morphism of the mass. As observed in the foot-hills of the range between
San Antonio and Alameda creek, this metamorphic belt has all the charac
ters which are so often exhibited by the altered cretaceous rocks. Serpen
tine is abundant in it in large irregular masses, and jaspery slates like those
of Monte Diablo. East of San Antonio large patches are to be seen, having
all the characters of the quicksilver bearing rock of New Almaden and New
Idria, exactly like those noticed as occurring near San Pablo. Considerable
masses of chromic iron occur in this position, one of which was formerly
worked to some extent. Stains of copper are not unfrequent, and have led
Geography, Name, Topography, Etc, 31
to several attempts at mining, none of which have proved successful, or are
likely to repay the labor and capital invested.
In the neighborhood of Alameda Canon this metamorphic belt appears
to be almost lost ; but traces of chemical action, commenced and partially
completed, are exhibited in narrow streaks visible among the highly inclined
and broken strata ; these, however, do not appear to connect through with
the metamorphic mass of Mount Hamilton.
Monte Diablo Group. Monte Diablo itself is one of the most conspicuous
and best known landmarks in California. But few persons in the State can
have failed to recognize it from some point either of the Coast Ranges or of
the Sierra Nevada. It is not its great elevation which has given it its pre
eminence among the innumerable peaks of the Coast Ranges ; it is just the
height of Mount Bache near New Almaden, a point hardly known by name
to those who have not made a special study of the geography of California,
and it is overtopped by Mount Hamilton, San Carlos, and some nameless
peaks to which no public attention has ever been attracted. The reason
why Monte Diablo has so marked a pre-eminence among the peaks of the
Coast Ranges is, that it is, comparatively speaking, quite isolated, especially
on the northwest, north, and northeast, the directions from which it is most
likely to be seen. To the traveler passing up Suisun bay and the Sacra
mento or San Joaquin rivers, it presents itself in all its symmetry and
grandeur, rising directly from the level of the sea, and easily recognizable
from a great distance by its double summit and regular conical outline, re
sembling that of a volcano, which it was generally supposed to be by the
early settlers.
If the mountain is made such a conspicuous landmark by its isolated
position, it becomes itself, in turn, a point from which a vast area of the
State may be observed and studied. Rising as it does among the Coast
Ranges, there may be traced from its summit from Mount Hamilton on the
south to unnamed peaks in the vicinity of Clear Lake on the north, and
from the plains of the Sacramento and the San Joaquin to the Pacific, east
and west. The great interior valley of California lies spread out like a
map, extending as far as the eye can reach. To the east the view seems
illimitable, and it is believed that there are few, if any, points on the earth's
surface from which so extensive an area may be seen as from Monte Diablo.
This is due to the peculiar form of the Great Valley of California and the
gradual rise of the Sierra, which brings higher and higher points to view
as the distance becomes greater. The eye can range over an extent of four
hundred miles from north to south, and back to the east, or towards the
summit of the Sierra, as far as the crest of this range, the farthest northern
point visible being Lassen's Butte, and the most extreme southernsome point
near Owen's Lake probably, thus affording a range along this snow-crested
32 History of Contra Costa County.
line of mountains of over three hundred miles in length. The whole area
thus spread out before the eye can hardly be less than forty thousand square
miles, not much less than that of the whole State of New York.
In describing the geology of Monte Diablo and its surroundings, it will
be convenient to begin with the central mass of the mountain itself as a
starting point. This central mass is made up of metamorphic rocks ; it is
about six miles long, and one and a half miles in width, and is surrounded
on all sides by entirely unmetamorphosed strata. It is of an irregular cres
cent form, the concave side turned to the north-northeast. The material of
which it is composed is extremely variable in its lithological character ; but
it consists essentially of a central portion of very hard metamorphic sand
stone, containing considerable epidote, flanked on both sides by jaspers,
silicified shales and slates. The former constitutes the north peak, the
latter the main peak, or Monte Diablo itself. The central crescent-shaped
mass of altered sandstone commences on the northeast, about a mile and a
half in that direction from the north peak, sweeps around to the south and
passes with its southern limit about a quarter of a mile north of the main
peak, then bends around to the north so as to include the precipitous spur
which runs off to the northwest, lying to the east of the head of Mitchell's
creek, and to the highest point of which has been given the name of Eagle
Point ; this is two thousand three hundred and ninety -three feet above the
Bay. Extending still farther to the northwest, it crosses the creek, and
forms the high north and south ridge which makes up the most northwest
erly portion of the mountain mass. The southern extremity of this ridge
is named Black Point ; the northern, Pyramid Hill ; the former is about
eighteen hundred feet in elevation, the other a little less. The rocks of
this ridge are, in part, an exceedingly dark-colored, fine-grained, crystalline
material, destitute of traces of stratification in the central portion of the
mass ; but which appears to be a metamorphic sandstone, although at first
sight it might be taken for an eruptive rock. Its relations to the surround
ing rocks indicate rather a metamorphic than an eruptive origin. It would
be difficult to consider this part of the mountain as being of purely igneous
origin, without including with it the rest of the crescentic mass, which,
however, we know from its connection with the adjacent sedimentary strata,
and from the fact that portions of it have partially escaped the metamorphic
action, to be made up of detrital materials deposited from water.
Between the north peak and the main peak, or Monte Diablo itself, along
the narrow ridge of a little more than a mile in length which connects the
two summits, the variable character of the metamorphic rock of the mount
ain may be well observed. Portions of it consist of jaspery material, or
silicious slate, distinctly stratified ; these have resulted from the meta-
morphism of the purely silicious strata. Here and there are patches of
imperfect serpentine, formed from the more argillaceous sandstones ; while
Geography, Name, Topography, Etc. 33
in places the rock becomes so highly metamorphosed as to be converted
into a well -characterized mica-slate in which numerous small garnets occur,
and also zircons of minute size. The north peak has an elevation of three
thousand five hundred and ninety-three feet, or two hundred and sixty-
three feet less than Monte Diablo proper. Here all traces of stratification
are lost ; but by a careful examination of the rock, where it is well exposed
in all its relations to the surrounding strata, leads irresistably to the con
clusion that it is not of eruptive origin. The gap between the two peaks
is excavated in the soft, imperfect serpentine ; it is about eight hundred feet
below the summit of Monte Diablo.
One of the best points for observing the gradual passage of the argil
laceous sandstone into the hard dioritic or Trappean rock, is along the
flanks of the ridge of which Eagle Point is the culmination. The strata
here may be traced in all stages of passage, from the soft sandstone to the
hardest and most crystalline rock, to which in hand specimens an eruptive
origin would readily be assigned by most geologists.
On the outside of this great central metamorphic mass, both on the
north and south, but not entirely surrounding it, are heavy accumulations
of jaspery rock, one of the most peculiar features of the mountain, and the
material of which the culminating point itself is made up. On the north
side of the North Peak, these beds are finely exposed, forming a lenticular
mass about two miles long and half a mile wide. They have a nearly east
and west strike and dip to the north. They are here, as elsewhere, of a red
color, varying from a dull brick-red to a brilliant vermilion hue. The
strata are usually thin, an inch being about their average thickness, and
they are much folded together and twisted. These jaspery strata on the
north side of the North Peak do not extend around so as to pass to the
north of the Eagle Point Ridge, but may be traced in the ravines in which
Bagley creek heads, passing into the unaltered shales of undoubted Creta
ceous age, in which ammonites inoceramus and other fossils have been
found, and which are largely developed to the north of the mountain as
well as to the south. On the north side these may be traced high up into
the mountain mass along the branches of the Arroyo del Monte Diablo.
No one making an examination of this part of the mountain could doubt
that these jaspers are the result of the alteration of the Cretaceous shales.
The rock of the summit of Monte Diablo is the same jaspery material,
filled with fine reticulations of quartz, running through it in every direc
tion ; but, in some places, containing a large amount of epidote, which has
been formed where the shale contained originally more lime than usual.
The dip of these metamorphic strata is distinctly to the north, and the
strike along the ridge leading to the summit is nearly east and west. At
many points on the south side of the mountain near the summit, and for a
thousand feet below, these masses of contorted jaspery strata may be seen.
34 History of Contra Costa County.
At one locality, just two miles west of the summit, there is, in a narrow
ravine, a most beautiful exposure of this kind. The strata of jasper are
alternately brilliant red and light green, contrasting finely with each other,
and are folded together in a manner which is rendered very attractive from
the thinness and regularity of the different layers. The strike here is, in
general, about N. 54 W., and the dip to the north from 50 to 70. In
tracing these strata to the west, they appear to give place to other meta-
morphic varieties of rock, of which serpentine is the most prominent, and
we soon reach the entirely unaltered shales as on the north side of the
mountain.
Serpentine is found, on both the north and south sides of the mountain
in considerable quantity. The largest mass is met with on descending the
North Peak towards the north, where it forms a lenticular deposit about
two miles long and half a mile wide, lying next to the jaspery shales. li
also occurs in the gap between the two summits, and around the head oi
the Arroyo del Cerro, two and a half miles west-northwest of the summit,
Here as in other localities, the serpentine is seen in every stage of passage
from the argillaceous sandstone to the perfect serpentine itself. The bound
aries are very irregular in all these localities, especially on the Arroyo del
Cerro, where we come into the unaltered shales and sandstones on going a
short distance in either direction.
The metamorphic region, thus indicated as forming the central mass oi
Monte Diablo, covers about twenty square miles, and from it a great variety
of rocks might be obtained. The red and green jasperry rocks, however,
are the most characteristic forms, and having been here so unmistakably
traced to their origin as Cretaceous shales, they have been of great service
in recognizing this formation in other localities, where the facilities foi
tracing it out in all its connections, and of determining its age by fossils are
less than they are found to be in this vicinity.
This metamorphic region has been, at various times, assiduously ex
plored for minerals and metalliferous ores of various kinds. Gold is reported
to have been obtained in small quantities, and was at one time the objecl
of expensive mining research. Cinnabar occurs at several points, especially
on the northeast side of the North Peak, where quite handsome specimens
have been obtained, associated with a silicious rock in which this ore
usually occurs ; it is also found on the ridge of Eagle Point. Copper ore
has also been the object of much excitement in this region, as it is frequently
found in small quantities, and occasionally in rather large masses, in the
dioritic variety of the metamorphic rock. In and about Mitchell's Canon
where this kind of rock is most developed, a considerable number of com
panies were at work in 1862 and 1863 ; but nothing had been discovered
which could properly be called a regular vein, or worked with profit. It is
interesting to notice, however, the occurrence of these ores in a rock of sc
Geography, Name, Topography, Etc. 35
late a geological epoch, so evidently associated as they are with the existence
of metamorphic action in this region.
Near the northwestern extremity of the metamorphic mass, about two
miles northwest of the summit of Black Point, is the largest mass of traver
tine or calcareous trefa which has been yet observed in the State. It ex
tends north and south for a distance of over half a mile, forming low ridges
running northwest and southeast, and having sandstone both to the north
and the south. Its width east and west is fully one thousand feet. It is
almost white, much of it quite so, made up of a very pure carbonate of
lime, and possessing the concentrically-aggregated structure so often exhib
ited by masses of stalagmite. It undoubtedly owes its existence to depo
sition from a hot spring, which once came to the surface at this point. This
deposit has been quarried and burned for lime.
It may be mentioned that there"' are other deposits of this calcareous
material in this region. The most extensive, next to the one just noticed,
is on the other side of the San Ramon valley, where it forms a very heavy
mass on the side of the hill, about five hundred feet above the valley.
Flanking the whole north side of Monte Diablo are unaltered cretaceous
strata, having everywhere a northerly dip, and a general strike of about
east and west magnetic ; the dip of the mass is irregular, in some places
vertical, but usually from 45 to 35. These cretaceous strata consist of
shales and sandstones, the former containing frequent beds of argillaceous
limestone, which are generally less than a foot in thickness and rarely con
tinuous for any great length. The shales are very soft and disintegrate
easily, hence they are usually found occupying valleys between the ridges
of sandstone, which latter rock resists the weather better. The valley at the
base of Monte Diablo which separates the mass of the mountain from the
hills farther north, in which are the coal mines, is occupied by these shales,
which may be traced in the beds of the two branches of the Arroyo del
Monte Diablo, which unite at the village of Clayton.
The same shales may be observed on the south side of the mountain,
especially in the Canada leading to Curry's house, and in the ravines run
ning up to the south from this Canada. As on the north side, so here, quite
a number of characteristic Cretaceous fossils are found in this belt of rock,
among which are : Ammonites Newberryanus, Ammonites Batesii, Bacu-
lites Chicoensis, Fusus Mathewsonii, Amauropsis Alveata, Dentalium
Cooperii, Dentalium Stramineum, Venus Varians, Cardium Annulatum,
Eriphy la Umbonata, Pina Brewerii, Trigonia, Evansii, Cucullcea Trun-
cata, Pecten Operculiformis.
These strata, as exposed in the bed of the creek in Curry's Canada, have
a very irregular dip, although usually at a high angle, and to the southeast,
south, or southwest, near the mouth of the Canada near Curry's, the dip is
from 80 to vertical, and the strike nearly east and west magnetic.
36 History of Contra Costa County.
Next above the Cretaceous shales with argillaceous limestones intercal
ated, as just noticed, comes a very thick and heavy bedded mass of sand
stones which, on the north side of the mountain, form the elevated ridge
just south of and facing the coal mines. These sandstones contain a few
Cretaceous fossils, such as Axinoea, Natica and Dentalium.
The Cretaceous strata curve around to the south as they pass to the east
of the mountain, running out into the plains of the San Joaquin in long,
low, and almost exactly parallel ridges. The counterpart of these Creta
ceous sandstones of the north side is found also on the south side of the
mountain, forming an elevated and conspicuous ridge, sweeping around
parallel with the general strike of the rocks in this vicinity, but not form
ing so distinct a feature of the topography of the region as the Tertiary
ridge next south of it. Its culminating points rise to the height of from
two thousand to two thousand two hundred feet. To one of these points
or ridges where the white soft sandstone was, at the very summit, curiously
worn into cave-like hollows, is given the name of Cave Point. This is two
thousand and seventy feet in elevation. Although these sandstones, in this
vicinity, are very barren of fossils, enough are found to determine the fact
that they belong to the Cretaceous series.
A little south of Cave Point, in the depression between that and the
next ridge south, the sandstone is worn into curious tower-like forms, com
monly known as Tower Rocks.
Coal has been found in the Cretaceous shales noticed above as lying
under the sandstone, but the only extensive workable beds yet discovered
are included in the sandstones belonging to the upper part of the Cretaceous.
Of the Mount Diablo coal-beds, the only workable deposits of this inval
uable material yet discovered in the State, a full account will be given in
our chapter entitled " The Mount Diablo Coal Field." Leaving this section
of our theme, therefore, we will follow the geology of the region so far as
it concerns the limits of this county.
The exact limit of demarcation between the Cretaceous and the Ter
tiary, in this vicinity, has not been exactly made out. Resting on the
coal-bearing strata above described, there is a heavy mass of sandstone, with
some shales interstratified, which, however, are more silicious than the truly
Cretaceous beds of otherwise similar character. These beds appear to be
beds of passage between the Cretaceous and the Tertiary ; but fossils are so
extremely rare in them that it is not easy to come at their precise relations.
They hold the position which should be occupied by the Eocene Tertiary ;
but have yielded no forms recognized elsewhere as of this particular age.
This mass of sandstones occupies, on the north side of the mountain, a con
siderable width on the surface, apparently not less than a mile to the north
of Mine Hill. On the south side it appears less distinctly marked ; in fact,
there seems to be but little room for this body of strata between those of
?-,
JOEL CLAYTON
Geography, Name, Topography, Etc. 37
undoubted Cretaceous age at Tower Rocks, and the high ridge of Miocene
Tertiary directly south of it.
Rocks of both Pliocene and Miocene age are extensively developed to
the north of the strata first spoken of, on the northern slope of the range
in which are the coal-mines. Those which are referred to the Miocene
division of the Tertiary consist chiefly of sandstones, which are very heavily
bedded towards the base of this part of the series. They are succeeded
above by thinner and more fossilif erous strata, which not only contain large
numbers of marine fossils, but also impressions of leaves and considerable
fossil wood, the latter silicified and lying upon the surface, the rock having
decomposed around it. These upper strata are referred by Mr. Gabb to the
Pliocene division of the Tertiary, from a consideration of the number of
living species which they contain, as well as from their stratigraphical
position.
Resting upon these are strata of volcanic materials, such as ashes and
pumice, which have evidently been ejected or washed into water and de
posited in a stratified condition. These beds to the west of Kirker's Pass
have a thickness of several hundred feet, and rise into considerable hills.
Their dip is usually about 25 to 30; but in some places they are elevated
at as great an angle as 50. Their straike is also somewhat irregular, and
they form a series of rounded and bare hills, stretching along near the edge
of the San Joaquin plain.
Above the sedimentary volcanic beds just noticed are beds of gravel and
loose materials, probably a Post-Pliocene age, which also have a considerable
but variable thickness, and which pass gradually into the modern deposits
of the valley. All these strata, from the Cretaceous up to the Post-Pliocene,
appear to be perfectly conformable with each other, and they all have a
northerly dip, although it is variable in amount.
TOPOGRAPHY. The Sacramento river is navigable from the bay north
ward to Sacramento, one hundred and twenty miles, for large, commodious
steamers, as fine as any upon the rivers in the Eastern States. They ply
daily to Sacramento northward, stopping at Martinez, New York and An-
tioch ; smaller, light-draft steamers ply regularly to Red Bluff, two hundred
and fifty miles further, and on the Feather river, sixty miles to Marysville-
The San Joaquin river is also navigable for large steamers, which ply daily
to Stockton, one hundred and twenty miles. Above Stockton, light-draft
vessels ascend toward Visalia, two hundred miles, and also for some distance
up its branches, the Stanislaus and Tuolumne, and also the Mokelumne
river. The light-draft steamers on all these rivers carry with them large
barges, in which the crops of the farmers, firewood and other products, are
cheaply and rapidly transported to a market at San Francisco at very low
rates. A number of the creeks and sloughs emptying into the Bay of
History of Contra Costa County.
Suisun are also navigable, and ascended by numerous steamers and sailing
craft, which carry freight and passengers at reasonable prices. Thus a
great portion of the county is, to a great extent, independent of the rail
road, while the competition between land and water carriage insures low
rates of freights and fares on both.
The course of the San Joaquin is very tortuous ; and a writer thus de
scribes a trip up the river by steamboat : " Looking through the cabin
windows we see the brown banks of the river just below Antioch. By the
time breakfast is over we are nearing False river and leaving Sherman
Island. We go on deck and look around. Contra Costa lies just behind,
its bare hills rising to the height of Mount Diablo, which, looked at from
this low level, towers up very grandly. The flat extent of San Joaquin is
to the right, while to the left the Montezuma Hills show quietly over Sher
man Island. The view, however changes almost every minute as the steamer
follows the channel, and Mount Diablo is as often seen over the bow as over
the quarter, whilst sometimes it seems as though we were leaving it behind,
only to find it almost instantly staring us in the face. The banks begin to
narrow in as the afternoon comes on, and when we enter the west channel
of the San Joaquin the character of the surroundings is entirely changed.
The stream is narrow and flows apace, whilst willows grow down to the
water's edge, the tule flags forming an outlying and lower fringe. Levees
lie along most of the distance, covered now with alder and dwarf poplars,
while here and there tree-covered mounds look like the farm groves of New
Jersey. We are now between Union Island and the mainland, and the
character of the banks has changed again. The pleasant green timber has
gone, and the tule is everywhere.
" The San Joaquin river has such an erratic course about here that the
only method of threading the curves and loops is by running the steamer's
nose plump into the tules on this side, which fends her off until she swings
around enough to plump her nose into that side."
The San Joaquin river is divided into three branches, known respect
ively as the West, Middle and East channels the latter named being not
only the main stream, but the one used by the steamboats and sailing ves
sels bound to and from Stockton or, at least, within four miles of that
city, from which point the Stockton slough is used. The east or main
channel is navigable for small, stern-wheel steamboats as high as Fresno City.
The first mail ever carried up the Sacramento river was on the 24th of
July, 1849, by Captain Seth M. Swain, of Martinez, in the schooner " John
Dunlap." The mail matter was all contained in one bag, and the Captain
received six hundred dollars for the service,, while the entire postage on the
contents of the mail was less than sixty dollars.
Suisun Bay is one of the chief bays that border the Contra Costa coast.
Many of the gold-seekers here found a watery grave, or foundered upon
Geography, Name, Topography, Etc. 39
the middle grounds of the bay. Says Kev. W. W. Smith : " One schooner,
in the fall of 1849, struck on the lower end of the middle ground, and the
winds and waves soon broke her up, and the flour with which she was
laden was cast into the bay. Those coming up the bay would pick up a
barrel or two for use, and one large boat was engaged a long time in hunt
ing up the barrels of flour, which were sold to the baker of New York of
the Pacific for five dollars per barrel. Supposing them to be worthless,
some refused to give any price ; but they were but little damaged, even
after a week's soaking in the water of the bay, wetting the barrel and flour
half an inch deep, making the whole impervious to water.
" Another schooner struck, three miles from New York, on a spot not
so dangerous, and she was strong and staunch-built, so that she sat upon the
sand of the middle ground, and the sailors could walk around her at low
tide. The captain and crew found a near cut to the channel, and by the
use of the miners' spades and the work of the passengers, they dug a pas
sage from the schooner, and the wind and tide serving right, they on the
tide floated, and having a kedge anchor out in the right direction, the
schooner and cargo were saved, and they all went up the bay rejoicing at
their good luck and escape from the dangers of the Suisun Bay.
" A number of boats were swamped and stove upon the middle bars of
sand in this bay, before a perfect map of the bay was known by the hurry
ing crowds who were compelled to navigate these waters to take their traps
to Stockton and Sacramento. One boat was foundered, and the men swam
to the south shore across the channel, but cold and wet they had to swim
another slough one hundred feet wide, and then came to New York Land
ing for aid.
" Whale boats have stayed at New York waiting for a week at a time
for the winds to settle, and came down before venturing upon the Suisun
Bay.
" The ship Henry Lee was anchored in the harbor with short chains ; the
northers caused her to drag her anchor, but the banks on the south shore
were such that she would work up and down to the south shore line in
tides ; and thus she was left to care for herself for about a year 1850
without grounding. She was taken in unharmed to the city and sent to
sea. There is not a rock or shoal for all the distance from a mile below
Antioch to Marsh's Landing, three miles above the town; making four
miles in length, and wide enough for four or five ships to lie side by side
and swing at the chain. The channel is on an average of about forty feet
deep, and the clay banks are straight up and down."
The largest valley of Contra Costa County opens about midway of the
northern boundary on Suisun Bay, about six miles wide, east and west, and
fifteen long, north and south, reaching up to the foothills of the Mount
Diablo spurs, and comprising portions known by various names, as Pacheco,
40 History of Contra Costa County.
Diablo, Ygnacio, and Walnut Creek Valleys. Other smaller but important
and beautiful little serpentine valleys coil up and almost surround the
mountain, till lost in the narrowness of their waterways. The most im
portant of these small valleys is San Eamon, extending from Walnut Creek
Valley south, to the Alameda county line, quite dividing the main range of
mountains from its Diablo spur, making a natural and easy highway through
the county and around the peak of Diablo. In places this valley is as
narrow as half a mile, while at others it spreads to one and a half miles,
with three villages and dozens of highly prized farms and homes in a length
of ten miles. The other only important valley in size is the San Joaquin,
having a length of twenty-seven miles in the county by three and a half in
breadth reaching from the great central valley described at a spur of
Diablo, called Bay Point, along the San Joaquin River east to the county
line, and at a right angle with the other valleys mentioned. These valleys
have a gentle descent to the bay and river on the north. Three busy villages
occupy the water front of the San Joaquin Valley, and two others the foot
hill slopes and lower canons. The foothill villages engage in raising the
stores of fuel for improvident man, that an All-wise Creator laid up for him;
the three coast towns engage in a mixed commerce of coal and food staples
grown in the valley about.
The Alhambra Valley, west of the central or great Diablo Valley, and
only divided by three miles of rolling hills, opening on the Straits of Car-
quinez, is narrow and but a few miles in length, but fertile and picturesque
in its fringes of evergreen oaks, and dots of cottages white, and life in toil
ing, happy man, and useful beast. It has the county seat nestled upon its
water line. Moraga, an elevated valley, in the west, with Taylor, Rodeo,
Briones, Pinole and San Pablo, all small valleys among the hills of the west
ern part of the county, go to make up the smiling dimples in the face of
our mountainous county. No lakes or rivers add variety to the landscape,
we regret to say, and few streams of any size endure throughout the usual
season of drought, from April to November.
The Diablo meridian line divides the county most completely in three
ways in longitude, or as we express it in government surveys, as range
east and west in temperature and rain-fall, and in the difference in terri
tory claimed under Mexican grants. From this north and south line west,
nearly the entire half is comprised in Mexican grants, there being twelve
grants ranging from three-fourths of one to five leagues in extent, while
east of the meridian there are only three. We do not reckon the Western
Pacific Railroad concession, which ranges along the southern border, and
spreads its uncertain shadow of twenty miles wide over half of the country
from west to east.
The one hundred and ten miles of tule delta, in the northern corner of
the county, is estimated to approximate one-sixth of that kind of land in
Geography, Name, Topography, Etc. 41
the State. It is slowly increasing from natural causes. Much time, labor
and capital have been expended in trying to successfully reclaim it from its
annual overflow of tide and river, and appropriate it to agricultural and
grazing purposes, with but small measure of success as yet. This portion
of the county properly belongs to the San Joaquin Valley, but is a distinct
feature in the county, and the contrast from such elevated vales as Moraga
in the west, is a novel peculiarity. One has a valley elevation of about
seven hundred feet over several miles, while the other, over a larger space,
bathes itself twice daily in the restless tide of Suisun Bay.
MOUNT DIABLO. There was once a time when there were no human
inhabitants in California, but there were two spirits, one evil, the other good ;
and they made war on each other, and the good spirit overcame the evil
one. At that period, the entire face of the country was covered with water,
except two islands, one of which was Mount Diablo, the other, Eagle Point,
(on the north side). There was a coyote on the peak, the only living thing
there. One day the coyote saw a feather floating on the water and as it
reached the island, suddenly turned into an eagle, which spreading its broad
pinions, flew upon the mountain. The coyote was much pleased with his
new companion, and they dwelt in great harmony together, making 'occa
sional excursions to the other island, the coyote swimming while the eagle
flew.
After some time they counseled together and concluded to make Indians ;
they did so, and as the Indians increased the water decreased, until where
the lake had been became dry land.
At that time what is now known as the Golden Gate was a continuous
chain of mountains, so that it was possible to go from one side to the other
dry-shod. There were at this time only two outlets for the waters, one
was the Russian River, the other San Juan at the Pajaro. Some time after
wards a great earthquake severed the chain of mountains and formed what is
now known as the Golden Gate. Then the waters of the Great Ocean and the
Bay were permitted to mingle. The rocky wall being rent asunder it was
not long before the " pale faces " found their way in, and, as the water de
creased at the coming of the Indians, so have the Indians decreased at the
approach of the white man, until the war-whoop is heard no more, and the
council-fire is no more lighted ; for the Indians like shadows have passed
silently away from the land of the coyote and eagle.
In addition to the above legend, the following somewhat similar tradi
tion is current among the Indians, and though we may not have the means
of verifying it, is certainly full of interest.
It is related that where the Bay of San Francisco now is, there formerly
was a great lake, much longer, broader and deeper than the Bay. According to
the Indian account this lake was more than three hundred miles in length,
42 History of Contra Costa County.
with no outlet except in the rainy season, when it would overflow its banks
and a small stream would run to the ocean some thirty miles south of the
present outlet.
The ridge of hills along the coast was then unbroken and served as a
dyke to prevent the waters of the lake from escaping to the ocean. Its
level was many feet above that of the ocean, while its waters extended far
up into the present valleys of the Sacramento and San Joaquin. On the
shores, centuries ago, there dwelt populous tribes of Indians; indeed, if cre
dence may be given to the tales of the aboriginals, the present population
of California will equal that of those ancient days, when the "noble red-
man " fished in its waters and hunted through the forests.
The hills along the coast are formed of soft sandstone, and through this,
the tradition relates, the water began to make a breach, which yearly grew
wider, until it burst through and among the hills with tremendous power,
leaving steep cliffs and precipices to mark its way and what was once a
lake several hundred miles in length, is now a bay not forty miles long.
This may have been the cause for such a change, but it would seem far more
reasonable to attribute it to some volcanic commotion which in those days
might have been as prevalent here as they are now in Mexico and Central
America.
How far this tradition can be corroborated must be determined by
those who have the means ; but no one who has witnessed the steep
bluffs around San Francisco, or has passed the singular entrance of the bay,
called the Golden Gate, with its perpendicular walls, or has seen the no less
singular bluffs of Raccoon Straits, can for a moment doubt but that they
were formed by some powerful agency, either fire or water.
Let us now for a little turn to consider the derivation of the name
Mount Diablo, for by such a name is it known in the early English surveys.
To the old Californian, it is recognized as the Sierra de las Golgones, they
asserting that Mount Diablo is the name applied by them to another and
smaller peak in the neighborhood, while De Mofras calls the mountain Sierra
de los Bolbone.
General Vallejo, than whom few better authorities on Californian lore
exist, in his famous report to the Legislature dated April 16, 1850, says:
" Mount Diablo, which occupies a conspicuous place in modern maps, is the
centre of this county (as it was then and still is). It was intended so to call
the county, but both branches of the Legislature, after warm debates on the
subject (the representatives of the county opposing the said name), resolved
upon the less profane one of ' Contra Costa.' " The following he then gives
as the history of Monte del Diablo : " In 1806 a military expedition from
San Francisco marched against the tribe 'Bolgones,' who were encamped at
the foot of the mount ; the Indians were prepared to receive the expedition,
and a hot engagement ensued in the large hollow fronting the western side
Geography, Name, Topography, Etc. 43
of the mount. As the victory was about to be decided in favor of the
Indians, an unknown personage, decorated with the most extraordinary
plumage, and making divers movements, suddenly appeared near the com
batants. The Indians were victorious, and the incognito (Puy) departed
towards the mount. The defeated soldiers, on ascertaining that the spirit
went through the same ceremony daily and at all hours, named the mount
' Diablo,' in allusion to its mysterious inhabitant, that continued thus to
make his appearance until the tribe was subdued by the troops in command
of Lieutenant Gabriel Moraga, in a second campaign of the same year. In
the aboriginal tongue ' Puy' signifies ' Evil Spirit ;' in Spanish it means
' Diablo,' and doubtless it signifies 'Devil' in the Anglo-American language."
It is said that there is an old Californian legend in this regard preserved
in the archives of one of the missions, which runs thus :
Soon after the arrival of the Spanish Padres here, about the year 1769,
to locate missions and civilize the aborigines, the Indians, among other
tributes which they brought to the pious Fathers in token of their obe
dience, produced a quantity of gold nuggets, which they brought from the
vicinity of a high mountain adjacent to what is now known as the Bay of
San Francisco, and, which, according to their rude traditions, had once
vomited forth both fire and smoke. The Padres foreseeing in this abund
ance of " the root of all evil " the future destroyer of their pastoral plans of
settlement and the permanence of the Roman Catholic religion among these
primitive tribes, determined to prevent the use of, or hunting for, the
precious metal. They accordingly took all the gold which had been col
lected, and having secretly poisoned it, placed it in a tub of water, and told
the Indians to make their dogs drink it. The simple natives, accustomed
to yield implicit obedience, did as they were ordered, and the dogs that
drank thereof died. The Padres then pointed out this as an instance of
the ruin and destruction which would visit them and their country if they
meddled any more with so dangerous an agent, and from that time the
Indians carefully avoided the place whence the treasure was obtained, and,
which, as the gold was held to be of a diabolical origin, and especially sent
to carry out the plans of his Satanic Majesty, they ever after named it
Monte Diablo, or Devil's Mountain.
The mountain is also said to take its name from a marvelous phenom
enon witnessed amongst its wild and precipitous gorges, at a time when, in
the language of an old trapper, " Injins war plenty, and white women war
not." It is related that once, in an expedition against the horse-thief tribes
who inhabited the valley of the San Joaquin as far down as the base of the
mountain, the native Californians came up with a party of the freebooters,
laden with the spoils of a hunt, and immediately gave chase, driving them
up the steep defiles which form the ascent of the mountain on one side.
Elated with the prospect of securing and meting out punishment to the
44 History of Contra Costa County.
robbers, they were pressing hard after them, when lo ! from a cavernous
opening in their path there issued forth such fierce flames, accompanied by
so terrible a roaring, that thinking themselves within a riata's throw of the
principal entrance to his Infernal Majesty's summer palace, the astonished
rancheros, with many a " carajoes !" and " carambas !" and like profane
ejaculations, forgot their hostile errand, and turning tail scampered down
the mountain faster than they had gone up. Reciting the adventure to
their fellow-rancheros on their return, it was unanimously agreed that the
devil and his chief steward had fixed their abode in the mountain, and in
compliment to the great original dealer in hoof and horns, they gave the
present name of Mount Diablo to the scene of their late terrific exploit and
discomfiture. As for the Indians, who as they declared, all mysteriously
disappeared as the flames rose in view, of course the Dons afterwards in
sisted that they were the favored children of the devil !
So much for these legends of Diablo. There are other stories connected
with the mountain, bordering on the marvelous, or rather the diabolical, one
of which is that a herdsman who had lost his way among the canons, dis
covered what h,e supposed by the fading light of day to be a spring of
clear water in a hollow rock, and that stooping down to appease his thirst,
he was rather surprised at the marvelous celerity with which the supposed
water slid down his throat and through his stomach, like drops of real water off
the back of a duck. It was afterwards supposed that he drank from a
pocket of liquid quicksilver, a supposition which subjected the old mount
ain to a pretty rigid investigation in 1848, by cinnabar hunters. Whether the
tradition of the burning mountain had anything to do, also, with the ex
plorations which were made about the same period (just before the general
discovery of gold) for coal mines, we are not advised, nor whether the coal
bed since discovered suggests an explanation, or furnishes an hypothesis by
which to account for the burning pit which opened before the astonished
gaze of the Indian scouting party, we leave it for others to determine, as
we do also which of the above legends offers the most plausible reason for
the name Mount Diablo.
This cognomen has, however, had its enemies. In the session 1865-66
of the California Legislature a petition was introduced by a Mr. Dodge ask
ing for a change in the name of Mount Diablo. The Bulletin, a San
Francisco newspaper, thus enters into a little badinage on the subject :
" It may possibly be a trick of the devil himself to get another alias, or,
perchance the prayer comes from a bevy of ' out-cropping poets,' living at
the base of the mountain, who want the name changed to Parnassus. The
probability is, however, that the petition originated with some mining com
pany who want to get the name changed to ' Coal Hill,' or some other-
ridiculous title, in order to advertise their bituminous deposits. In either
case, it is an absurd proposition, and besides it can't be done. The Legis-
Geography, Name, Topography, Etc. 45
lature is not equal to the task. They may succeed in changing the name of
Smith to Jones, or Brown to Johnson ; but when they undertake to give
a new title to one of California's grandest old mountains, they reckon with
out their host. The popular voice won't accept the change. Though the
Legislature may say ' Coal Hill,' the people will continue to say ' Mount
Diablo,' and Diablo it will remain. It is safe to bet that when that tower
ing lump of earth ceases to be called Mount Diablo there will be no
mountain there,, if, indeed, there be any California.
' While stands the Coliseum, Rome shall stand ;
When falls the Coliseum, Rome shall fall :
And when Rome falls, the World. "
The State Geologist in his report published in 1866, says of this grand
old mountain :
" To the Survey it has served as a sort of key for unlocking the strati-
graphical difficulties of the whole line of upheavals from Los Angeles to
Clear Lake, and it was here that the Cretaceous formation in the State was
first clearly recognized.
" Monte Diablo itself is one of the most conspicuous and best-known
landmarks in California. But few persons in the State can have failed to
recognize it from some point either of the Coast Ranges or of the Sierra
Nevada. It is not its great elevation which has given it its pre-eminence
among the innumerable peaks of the Coast Ranges ; it is just the height of
Mount Bache, near New Almaden, a point hardly known by name to those
who have not made a special study of the geography of California, and it
is overtopped by Mount Hamilton, San Carlos, and some nameless peaks to
which no public attention has ever been attracted. The reason why Mount
Diablo has so marked a pre-eminence among the peaks of the Coast Ranges
is, that it is, comparatively speaking, quite isolated, especially on the north
west, north and northeast, the directions from which it is most likely to be
seen. To the traveler passing up Suisun Bay, or the Sacramento or San
Joaquin rivers, it presents itself in all its symmetry and grandeur, rising
directly from the level of the sea, and easily recognizable from a great dis
tance by its double summit and regular conical outline, resembling that of
a volcano, which it was generally supposed to be by the early settlers.
" If the mountain is made such a conspicuous landmark by its isolated
position, it becomes itself, in turn, a point from which a vast area of the
State may be observed and studied. Rising as it does among the Coast
Ranges, these may be traced from its summit, from Mount Hamilton on the
south to unnamed peaks in thfe vicinity of Clear Lake on the north, and
from the plains of the Sacramento and the San Joaquin to the Pacific, east
and west. The great interior valley of California lies spread out like a
map, extending as far as the eye can reach. To the east the view seems
illimitable, and it is believed that there are few, if any, points on the earth's
46 History of Contra Costa County.
surface from which so extensive an area may be seen as from Mount Diablo.
This is due to the peculiar form of the Great Valley of California and the
gradual rise of the Sierra, which brings higher and higher points to view as
the distance becomes greater. The eye can range over an extent of four
hundred miles from north to south, and back to the east, or towards the
summit of the Sierra, as far as the crest of this range, the farthest northern
point visible being Lassen's Buttes and the most extreme southernmost point
near Owen's Lake, probably, thus affording a range over this snow-crested
line of mountains of over three hundred miles in length. The whole area
thus spread out can hardly be less than forty thousand square miles, not
much less than that of the whole State of New York."
By an easy grade the way to the summit wends through the romantic
Pine Canon, skirted by precipitous hills, and occasionally buttressed by
craggy pinnacles of rock whose shapes often assume the most fantastic
forms. As the road ascends the flank of the mountain, each new curve
opens up a fresh scene of beauty surpassing the one which preceded it, and
the eye gradually takes in the added splendors of a panorama extending
north, south, east and west, to the farthest horizon's verge. Some two miles
from the summit we reach the building that formerly was used as an hotel,
and near where in days of yore the toll-house stood. This point is the
junction of the road from Danville, and from thence to the apex of Diablo
there is but one route. As we ascend the mountain the pulse is quickened
with each upward step, for each step adds a new glory to the scene, and
when we reach and stand upon the summit, inhaling air,
" Pure as the icicle that hangs on Dian's Temple,"
with our vision sweeping over the vast extent of country, we feel our hearts
expand, while our lips, in the language of poesy, exclaim :
" It is a land of beauty and grandeur,
Where looks the cottage out on a domain
The palace cannot boast of seas and lakes,
And hills and forests, golden grain and waves
'Midst mountains all of light, that mock the sun,
Returning him his naming beams, more thick
And radiant than he sends them :
Torrents here are bounding floods,
And when the tempest comes,
It roams in all the terrors of its glory.
And then the valleys ah ! they are
The homes for hearts the cottages the vineyards orchards
The pastures, studded with the herd and fold !
A free a happy, grand and glorious country !"
The view from the summit is magnificent beyond all description'
Standing there on a clear day, and overlooking the craggy precipices and
deep ravines, which impart an air of wild grandeur to the immediate
vicinity, around the base of the mountain you behold, in all the elegance of
48 History of Contra Costa County.
mass of gigantic translucent vapors, traveling in stately grandeur, lies
spread out hundreds of feet below, utterly obscuring hill and valley, as
much so as though they had been what they much resembled, the stupend
ous billows raised by a mighty storm, and, then, as the power of the sun's
rays dispersed their force, might be seen peeping through the ocean of
foam first one, and then another hill-top, and the vapors, following the
various inequalities of the land, might be seen tumbling over the hill-sides
grand as Niagara's mighty cataract. None who have once seen this sight
are likely ever to forget it.
As the mists clear away the eye first turns its expectant gaze towards
the blue waves of the Peaceful Sea, and there it is ; and, if the season be
spring, over the greenest of valleys brilliant with myriads of wild flowers;
over the Bay, and the Bay City ; over the portals of the Golden Gate, un-
till one's eyes drink in the sight of the Pacific as far as the Farralones de
las Grayles, twenty miles beyond where its waves thunder upon this rocky
coast. We can appreciate now the feelings which made Balboa speechless,
when, from the pinnacle up to which he had climbed, he first looked upon
this grand old ocean. In our own vicinity, we have to the south McGreer's
Canon, Moraga, Tassajara, Green, Sycamore, and San Ramon valleys. To
the north one glances over Diablo valley, Martinez, the Straits of Carqui-
nez, Benicia, Vallejo, Mare Island to the horizon along which extends, as far
as the eye can reach, the snow-white peaks of the Sierra Nevada. This
fascinates the eye as much as the west view of the Pacific. To the east
one overlooks the smaller of the two peaks of Diablo, to the San Joaquin
plains and Stockton.
Mount Diablo bears unmistakeable evidence of having once been a vol
cano of some force. A portion of the crater is still well marked and can
be traced without difficulty. The igneous rocks lie along its canons from
base to summit. The primitive slate and granite, with intervening ledges
of quartz, crop out everywhere. Much of the range north and south of it
partakes of the same character and must have been elevated with it.
Limestone is found in many places on the eastern slope an indication
to the mineralogist that silver will be found in greater or less quantities
among its mineral deposits. The height is three thousand eight hundred
and seventy -six feet.
The New York Times is responsible for the following amusing anecdote
about Mount Diablo, with which we purpose closing this portion of our
subject: "In early California settlement days, it was deemed 'the cheese'
for the adventurous Yankees to pay great deference to the Roman Catholic
predilections of the aboriginal and abo-Mexican population. One sharp
but illiterate chap, from somewhere near sunrise, happened to fix his eyes
upon certain rich lands in the neighborhood of Mount Diablo ; and on a
tempting occasion, when some saint's festival called together on that mount-
Geography, Name, Topography, Etc. 49
ain all the local dignitaries of the church, our Yankee made his ' ten-strike.'
After volubly impressing upon all who would hear him his intense respect
and veneration for the only true church, and his love for her ministers,
(those who could convey the coveted lands, of course, being meant), he cul
minated in a brilliant idea. He had somehow learned that the Spanish
Catholics were partial to the prefix ' San.' and he knew that it meant
' Saint.' So, winding up a speech intended to be eulogistic of all the saints
in the calendar, he said : ' Now, venerable Fathers and laymen, allow me
to propose that, on this memorable occasion, we add one more to the
brilliant galaxy of sacred names in this beautiful land one more saint to
the glorious list that honors the Golden State ; I propose, sirs, that the
mountain on which we are now standing be hereafter and forever known
as San Diablo.' It is recorded that the worthy Fathers were for a moment
in doubt whether to be indignant or pass ' Saint Devil ' off as a joke, and
the question was never fully settled ; but the ambitious sponsor, somehow
or other, never got the land, and would always insist that the priests were
a stupid lot of humbugs."
CLIMATOGRAPHY. On such a subject as the climate of a portion of the
State of California, we deem it well to reproduce the mature thoughts of a
scientist, as given by Dr. J. R. Howard in the Contra Costa Gazette, in the
year 1876, rather than give our own ideas, which, at best, would be most
imperfect, owing to the shortness of a residence, comprising but one season,
in the district. The learned Doctor says :
" The climate of the county has the relation to other parts of the State
that its geography and peculiarities of surface configuration would indicate.
In general, it is a medium between the warm, corn-producing valleys of Los
Angeles and San Bernardino and the potato and oat-producing valleys of
Humboldt and Trinity. Twice in twenty years we remember to have seen
an inch of snow fall in the valley. A dozen times in the same number of
Winters we have seen old Diablo's pate glittering in a fleecy mantle of white
for a few hours we think never longer than forty-eight. Even then we
have seen the sun shining warm upon the exposed slopes, the grass and
flowers blooming, the lambs and children at play in the yards and fields,
the larks and blue-birds singing from the trees and fences as in mating-
time. Again, at other times in Summer, we have seen the thermometer
climb to the uncomfortable height of one hundred and eight degrees in the
shade, in the valleys, and preserve for days usually about three around
that notch, receding, however, from the going down of the sun, till about
seventy-five degrees was indicated by bed-time, and ten or fifteen degrees
less before morning.
" The division of the seasons into wet and dry is California's distinctive
peculiarity. There is nothing like it known in the older States, and scarcely
50 History of Contra Costa County.
elsewhere ; and the fact of the rainy season occurring in Winter in place
of Summer exercises a wonderful influence over its temperature and salu
brity. Our ocean winds of Summer and southeast winds of Winter
antagonize, yet harmonize, the seasons most perfectly. The northwest
Summer winds, with coquettish squalls and showers, play with other points
of the compass for a few days, then settle into steady purpose about the
middle of April, and throughout the season until November 1st, keep faith
with all who trust dry weather prophecies ; then, slowly, as if exhausted,
dry winds lull into a calm, often for fifteen or twenty days, when from the
opposite point of the compass begin those antagonizing winds, laden with
the moisture of the warm southeast, which, in passing over our county on
their way back to the ocean, meet with the conditions to precipitate them
in warm Winter rains in the various quantities that we find by measure
ment. In this way our temperature is peculiarly influenced by the winds,
as well as by the amount of moisture carried upon the mountains and ele
vated valleys during the prevalence of the northwest, fog-laden winds from
the ocean, most of the Summer months. For example, about June the
strong northwest winds begin to come in from the sea, heavily charged with
a rolling spray, enveloping hill and dale like a dense smoke all over the
bay side of our county, obscuring the sun for days at times, and bringing a
shivering temperature with it, even in July and August. These rolling fog-
banks fall heavily against and on top of our hills and elevated valleys, over
the western part of the county, and through such passes in the mountains
as are in the line of direction they pour over and through into the first
series of valleys with a force that is often disagreeable, and temperature
that makes Winter clothing indispensable. The thermometer will indicate
about from fifty-five to sixty-five degrees during these fog-laden winds,
which prevail, more or less, for one-fourth of the time in Summer over the
western half of the county. At times the moisture accumulates on the
bushes upon hill-tops sufficient to fall and run in the roads.
" The middle valleys, lying parallel to the coast have a higher tempera
ture, except just at or about some of the low divides in ranges of hills
toward the coast, where the fog-charged winds come in like water over a
precipice. In these valleys the fog from the passes eddies and falls, while
over the crests of the parallel hills may be seen and heard the roaring,
rolling fog-banks, breaking and losing the largest portion of their burden,
while the higher and lighter portions are broken up into fleecy fragments
to pass on to the next highest point in line, which, in our county, would be
Diablo and its spurs.
" From the peculiar configuration of surface the middle portion of the
county has a coast-wind brake in its western hills, sheltering it from fog and
force of the heavy winds, giving a modified Summer temperature under the
fog-banks without its disagreeable feature. The average range of the ther-
Geography, Name, Topography, Etc. 51
mometer in Summer for the middle valleys would be from seventy-five to
eighty-five degrees, with an occasional scorching spell of about three days.
The Winter's temperature varies from forty to seventy degrees, with an
occasional fall to the freezing point, and in rare instances four or five de
grees below. Frosts occur during about six weeks in the months of
December and January. On the northern boundary, along the water lines
of bays and rivers, the coast winds blow unobstructed through the Carqui-
nez straits, and over the great eastern valley of San Joaquin with a force
and freshness that gives this part of the county a temperature about ten
degrees lower than the middle valleys, but from fifteen to twenty degrees
above the western part. This current carries but little fog beyond the
straits or opening of the middle valleys of the bay, and passes over the
eastern half or great San Joaquin valley hills dry and rarified by the re
flected rays of the sun, from a surface that has had the lightest rainfall of
the county.
Rainfall. "The rainfall of the different parts of the county is also
peculiar depending upon altitude, course of the wind, currents and timber,
the Winter temperature being -considerably affected by the fall of rain in
each of the three divisions. Thus, over the western, part, that is, the moun
tainous, the rainfall is about twenty-three inches annual average ; the middle
valley about nineteen ; the eastern valley and north spurs of Diablo about
fourteen ; and each having a relation in rainfall and temperature peculiar to
itself. ' To condense in a few words, the temperature and rainfall may be
compared thus : The western half of the county, taking the west line of
the great central valleys as the division, has about the same temperature
and rainfall that San Francisco has being elevated, timbered and exposed
to the same ocean influences ; the eastern hills and valleys have nearly the
rainfall and temperature of the great interior valleys of the State Sacra
mento and San Joaquin ; the middle valleys and hills between Mount
Diablo and spurs and west San Ramon hills is the medium in rainfall and
temperature that its situation would indicate.
Salubrity. "In a country like this whole State, with its peculiar surface,
seasons and situation, we should expect to find health and longevity the
rule, and such is the case always excepting the windward side in Summer
of the tule deltas of the rivers and bays, which is a small exception in a
great State like this. With a situation lengthwise, parallel to the ocean ;
a sharp, shedding water surface from abrupt mountains and sloping valleys ;
comparatively light rainfall, the absence of heavy forests over the largest
portion of the State, and the very fortunate peculiarity of its rainy season
occurring during the Winter months ; its steady northwest sea-winds of
Summer, all distinguish it as the sanitarium of all known lands, and statis
tical tables show our cities with a less mortality in proportion than any
52 History of Contra Costa County.
others. Our county, holding that happy mean of location and climate
in general with its own peculiar local variety in temperature and moisture,
would naturally be supposed to follow the same rule of health ; it is so ;
there is no healthier county than Contra Costa in this State, or any other 5
with the exception of some spots upon the leeward margin of the overflowed
land in the northeast corner, there is no malarial cause in the county, no
pestilential marshes, no decaying forests, no stagnant pools of stinking
water, simmering under a Summer's sun, to sorrow the land with sickness.
"For an out-door life, to an active, vigorous constitution, the western half
of the county is the place to seek. Its open, pleasant Winter, and cool,
moist, bracing, fog-shaded Summers, just meet the needs of the toiling mass
in field and shop. In the central valleys locations are found that are shel
tered by crest and mountain peak from the harsh winds and fog of the west
in Summer, and the driving southeast gales and rain of Winter. Such
places as Clayton, all the upper portion of Ygnacio Valley, and a portion
of San Ramon, are examples of this particular excellence. The eastern
portion, with a less rainfall, a dryer soil, rapid drainage, a dry, bracing wind
over it in Summer, and a sheltered situation for Winter, would naturally
have all the essentials to health.
" This is so over the dry valleys and hills, but in this portion is the one
hundred and ten square miles of overflowed land of the county, and in some
seasons generate miasmatic fevers among those living on the wrong side of
such locations. But the suffering from such causes is mild compared with
that produced in other climates, where summer rains and a high temperature
encourage the growth of vegetation, where the water stands and dries, and
the winds blow from no certain quarter, and scarcely from any, and a stench
arises from ponds and fens suggestive of drugs and doctors, pills and bills.
In a twenty years experience in the middle and eastern portion of the
county we have seen about three years when a mild typhoid type of fever
prevailed to a considerable extent in the Summer and Fall, but with a very
small percentage of mortality. To persons predisposed to throat and chest
weaknesses, all the windy portions are unfavorable but there are the
sheltered dells and fringed rifts of old Diablo that will give them a home
for their needs, under the shade of the evergreen oak and fragrant buckeye.
To those needing a warm, dry climate, the San Joaquin Valley portion of
the county is at hand, with its mineral waters, boiling springs and rarefied
atmosphere.
" Contagious diseases introduced into our county refuse to spread. We
have known cases of small-pox, measles, scarlet-fever, etc., brought to the
county from elsewhere, that have not cast their dreaded shadow over a
second threshold. We never saw an epidemic contagion in the county.
Children born in this county are more vigorous, better developed physically,
and freer from the pests of vermin, scabies, an eruption of childhood, than
Geography, Name, Topography, Etc. 53
in any other part of the world we say this without fear of successful con
tradiction. With such a start in childhood, in a favorable location of the
earth's surface, there must grow up a healthy, contented, intelligent man
hood about the base of the old central mountain that will keep us in the
van of progress."
General Remarks. In concluding our subject of the climatography of
Contra Costa County, let us quote from Lieutenant Maury, that eminent
scientist whose fame is world-wide. He says : " The calm and trade-wind
regions or belts move up and down the earth, annually, in latitude nearly a
thousand miles. In July and August the zone of equatorial calms is found
between seven degrees north and twelve degrees north ; sometimes higher ;
in March and April, between latitude five degrees south and two degrees
north. With this fact, and these points of view before us, it is easy to
perceive why it is that we have a rainy season in Oregon, a rainy season
and a dry season in California, another at Panama, two at Bogota, none in
Peru, and one in Chili. In Oregon it rains every month, but about five
times more in the Winter than in the Summer months. The Winter there is
the Summer of the southern hemisphere, when this steam-engine is working
with the greatest pressure. The vapor that is taken by the southeast trades
is borne along over the region of northeast trades to latitude thirty-five or
forty degrees north, where it descends and appears on the surface with the
southeast winds of those latitudes. Driving upon the high lands of the
continent, this vapor is condensed and precipitated, during this part of the
year, almost in constant showers, and to the depth of about thirty inches in
three months. In the Winter the calm belt of Cancer approaches the equa
tor. This whole system of zones, viz : of trades, calms and westerly winds,
follows the sun ; and they of our hemisphere are nearer the equator in the
Winter and Spring months than at any other season. The southeast winds
commence at this season to prevail as far down as the lower part of Califor
nia. In Winter and Spring the land in California is cooler than the sea air,
and is quite cold enough to extract moisture from it. But in Summer and
Autumn the land is warmer, and cannot condense the vapors of water held
by the air. So the same cause which made it rain in Oregon makes it rain
in California. As the sun returns to the north, he brings the calm belt of
Cancer and the northeast trades along with him ; and now, at places where,
six months before, the southwest winds were the prevailing winds, the
northeast trades are found to blow. This is the case in the latitude of Cali
fornia. The prevailing winds, then, instead of going from a warmer to a
cooler climate, as before, are going the opposite way. Consequently, if
under these circumstances they have the moisture in them to make rains
of, they cannot precipitate it. Proof, if proof were wanting, that the pre
vailing winds in the latitude of California are from the westward, is obvious
to all who cross the Rocky Mountains or ascend the Sierra Madre."
54 History of Contra Costa County.
It will thus be seen that the wind, which has so general an influence
upon our climate, comes directly from the Pacific Ocean, forces its way
through the Golden Gate, and, striking the Contra Costa hills, is wafted
into the many delightful valleys of the conterminous counties.
Tule Lands. Tules are similar to the plant known in the Eastern
States as "cat-tail," and may be termed a cross between the bulrush and
flag, their blades being long, whip-like rushes, with a feather bloom, or stout
in stem, with the black cat near the top, growing to an average height of
four feet. They are perennial, for destroy them one year and the next they
are in full force.
Of the large area of tule lands in Contra Costa County, but compara
tively a small acreage has been brought into cultivation, although some of
the islands in the estuary of the San Joaquin have been reclaimed for years
by means of constructing levees to repel the overflowing waters. When
this is successful the result is a triumph, and includes immunity from drouth,
healthful and pleasant climate, inexhaustible productive powers of soil, and
being in the highway of steamboat traffic, cheap transportation.
Among the islands reclaimed we may mention Union Island, lying be
tween the old and middle channels of the San Joaquin, comprising about
forty-five thousand acres, and owned chiefly by General T. H. Williams, of
Oakland ; Roberts Island, separated from Union Island by Middle River, and
lying between it and San Joaquin proper, containing about sixty-eight
thousand acres of land ; Sherman Island, between the San Joaquin and
Sacramento rivers, immediately above the point of juncture, containing
upwards of fifteen thousand acres ; Kimball Island, opposite the town of
Antioch, formerly owned by Captain Kimball, and others which we have not
space to notice.
Upon reclamation of one of these islands, the first business is to destroy
the tules by plowing and rolling, the rollers being a power of reproduction.
The latter process is primitive and effective. The rollers are heavily
weighted, double, ten feet in diameter, and are pushed into the tules by four
horses, a man steering their course by means of a rudder wheel. The land
is then plowed up in deep, wide furrows, and the roots of the weeds burned
out. Potatoes are usually planted first, followed by beans, so that two crops
are raised in the year, while, when in good working order, and free from
floods, the fertility is fourfold that of ordinary upland.
Tule lands present a vast field for enterprise and capital, while the re
turns of produce show astonishing results. Fruits, cereals, bulbs, and vege
tables grow to rare perfection indeed, no manner of cultivated plant, tree
or shrub, that flourishes in any part of the United States, has yet been found
to fail when tried on these lands, while they usually attain an extraordinary
growth seldom equaled elsewhere.
Geography, Name, Topography, Etc. 55
Agriculture. Previous to the advent of Americans in California, little
land was devoted to agriculture, for the Mexicans had but a crude idea of
its science, and possessed just sufficient skill to cultivate enough of vegetable
food to sustain life. They b'elieved that mountain, hill and dale were in
tended for pastoral uses, and nothing else, therefore they sought not to
bring the fertile valleys under the plow, and left Nature to pursue its own
course. Perhaps their reason for so doing was the want of a market for
cereals, for they always had one for hides and tallow ; they were stock-
raisers, not farmers, hence the little wheat and maize, beans, water-melons
and onions they cultivated, were for home consumption rather than for
outside wants.
When gold was discovered in 1848, the western world knew next to
nothing about California, indeed it was an Ultima Thule to the best in
formed. With the frantic shibboleth of "gold" the whole world was set on
fire, and " every kindred and tongue " flocked to the Pacific shores, and
among them of course vast numbers of practical farmers ; but it was not
grain they sought, it was gold. Happily there were a few whose minds
were evenly balanced, who saw that all could not join in the search for
" dust," and yet live. Food was imperatively necessary ; the Mexicans had
not enough to sell, therefore in another way the mines yielded to the first
agriculturists of California a surer fortune from mother earth than was to
be gained by pick and rocker, still there were many who held to the belief
that a country which for six months of the year knew no rain, could not be
otherwise but a comparatively barren waste. But as time went on its fer
tility was fully proven, and the provisioning of the mining camps passed
from the hands of the Mexicans entirely into those of the Americans, and
great was their reward ; even in 1850, onions and eggs commanded fifty
cents apiece, and watermelons from two dollars and a half to double that
sum.
The first to attempt the cultivation of the cereals within the present
confines of Contra Costa County, was Doctor John Marsh, who settled on
the Rancho Los Mejanos in or about the year 1837. With characteristic
energy he at once commenced many improvements of a practical nature
more in consonance with western ideas than those of his neighbors, while,
with a rare intuition he declared his belief in the marvelous resources of
California in a now famous communication to Hon. Lewis Cass, dated
" Farm of Pulpunes, near St. Francisco, Upper California, 1846," in these
words : " The agricultural capabilities of California are but very imper
fectly developed. The whole of it is remarkably adapted to the culture of
the vine. Wine and brandy, of excellent quality, are made in considerable
quantities. Olives, figs and almonds grow well. Apples, pears and peaches
are abundant, and in the southern part, oranges. Cotton is beginning to be
cultivated and succeeds well. It is the finest country for wheat I have ever
56 History of Contra Costa County.
seen. Fifty for one is an average crop, with very imperfect cultivation.
One hundred fold is not uncommon, and even one hundred and fifty
has been produced* Maize produces tolerably well, but not equal to some
parts of the United States. Hemp, flax and tobacco have been cultivated
on a small scale, and succeed well. The raising of cattle is the principal
pursuit of the inhabitants, and the most profitable."
Unhappily we are not in a position to state statistically what the Doc
tor's own success on his rancho was, or that in his letter to the illustrious
statesman he recounted the capabilities of his own lands, suffice it to say that
his domain was not the least productive in the county. The first actual
precise knowledge we have been able to glean in regard to pioneer agricul
ture in the county is that the honor is due to the Hon. Elam Brown, of being
the first to farm with any practical results in Contra Costa, for we learn
from him that in 1850 a yield of about one hundred and five bushels per
acre was obtained from an ancient cattle corral near his residence at Lafay
ette, to which place the first honors belong. The beautiful valley of San
Ramon claims the second place, for here in 1853 R. 0. Baldwin threshed out
the produce of a field by the old process of horse stamping, and received
more than fifty bushels per acre of excellent wheat, at the same time rea
lizing five hundred dollars for the yield of half an acre planted in onions.
It is sufficient for our purpose to know that these two gentlemen were
the pioneer wheat-growers of Contra Costa, a county which thirty years
thereafter has its every arable space one waving field of grain. It is not
our province here to follow those others who came in their wake with other
grains and vegetables, but rather to state the historical fact that Messrs
Brown and Baldwin were the first to prove the wonderful adaptability of
California soil to wheat culture in our county.
The first crops raised showed a prodigious out-turn, usually fifty or sixty
fold, but unfortunately the science of farming was sunk into the greed of
gain, the prolific soil was given neither rest, nor recuperative aid, and the
perpetual croppings have resulted in diminishing the yield to about one
half of the original product.
Dr. John Strentzel, in a valuable and exhaustive paper on the agricultu
ral and horticultural developments and resources of Contra Costa County,
published for the first time during the year 1876 in the Contra Costa Ga
zette, states it can be safely assumed that for several years to come the
area cultivated in wheat will be in the vicinity of sixty thousand acres,
yielding nearly one and a half million bushels of wheat, and twenty thou
sand acres in barley, with an average' product of seven hundred and fifty
thousand bushels, or a total of both cereals of two and a quarter millions
of bushels, representing a gross value in the San Francisco market, at
* The foregoing is not italicised in the letter of Dr. Marsh.
* <:>'
' f Sl
Geography, Name, Topography, Etc. 57
present prices, of one million eight hundred and ninety-three thousand two
hundred and fifty dollars. He further remarks, that but a slight percent
age of this is clear gain, and if the deterioration of the soil, consequent
upon the elements of the loss of fertility, carried away in the grain to
gether with a justly claimed percentage on the capital invested in farming
naught is left to the few thousand persons engaged in the industry but
the absorption of former earnings and accumulations of former days. This
showing, however, instead of having a depressing effect should rather stim
ulate the farmer, aware as he is that in good years the fertile hills surrounding
the base of Mount Diablo and the prolific valleys of Pacheco, San Ramon,
Moraga and Pinole teem with plenty and prove a source of wealth to the
lucky possessor.
About two-thirds of the cultivated land in the county is devoted to
wheat, it being more extensively grown than any other grain, while its
berry is large, plump and hard, dry, white and strong, with much gluten,
which makes a tough dough. Indeed, the California wheat generally has
this peculiar property, which has gained for it the reputation of being the
best in the world, while it is so hard that without mills specially adapted
to it, it cannot be ground into flour.
Maize, Potatoes, Flax, Hemp, Alfalfa, and all other grains, tubers and
grasses grow to perfection, as do all ordinary products coming under the
order of things Agricultural.
In the above-quoted article of Dr. Strentzel we find : " The area of
Contra Costa County is nearly four hundred thousand acres, which is
classified, according to the Assessor's returns, as : First grade, or broken
hill and mountain lands, salt marsh and swamp and overflowed lands, one
hundred and fifty-six thousand acres, at the Assessor's valuation of from
three to six dollars. The second grade are best grazing and poorest farming
lands, and partially reclaimed swamp and overflowed lands, one hundred
and twenty-three thousand six hundred acres, valued at six to thirteen
dollars. Third grade, best farming lands east of the Diablo range, second
quality valley and best hill lands lying west of the Diablo range, ninety-
four thousand acres, valued at twelve to twenty-two dollars. Fourth grade,
best valley lands lying west of the Diablo range, forty-four thousand five
hundred and forty-four acres, valued at twenty-two to one hundred and
ten dollars. Of coal lands, two thousand two hundred and sixty acres ;
possessory claims, twenty-one thousand acres, a total of four hundred and
forty-two thousand and four acres, valued at five millions one hundred and
fifteen thousand three hundred and seventeen dollars.
" In comparing the small area under cultivation with the total aggregate
of land, suitable for profitable culture, we are impressed with the oppor
tunities offered of its immense increase; thus, in the least valuable por
tion, classed as first grade, there are over seventy thousand acres of tule
58 History of Contra Costa County.
delta around the mouth of the San Joaquin river, and overflowed land
along its banks, and this land, when reclaimed, will surpass in abundance
and variety of products the famous delta of the Nile. Why there is so
little progress made in that line is because the work of reclaiming those
tule lands is prosecuted rather as a job for fat contracts, and there is no
well-devised system of procedure. The County Supervisors, acting nom
inally as Swamp Land Commissioners, do not appear to have power or
inclination for effectively controlling the managers of the different Reclama
tion Districts to compel the payment of assessments for work done on con
tracts. In consequence, the work lags, with the apparent intent to freeze
out smaller holders, and consolidate the princely domain into the hands of
a few. From the experience so far gained in the reclamation work, it
proves to be entirely feasible and facile of accomplishment ; and the success
already achieved in raising bounteous and luxuriant crops surpasses the
most hopeful anticipations.
" The value is enhanced by this tule locality being exempt from mias
matic disease, and its resemblance to the great country bordering on the
Nord Sea barring the roughness of that climate makes it appropriate to
call ours the future Holland of the Pacific the most valuable portion for
dairy purposes and for endless luxuriant crops of grain. Almost as well
the delicate children of Pomona's vegetable realm take kindly to the situa
tion ; their feet daily laved by the ever-recurring tides, find abundant food,
and the long season of solar action elaborates it into saccharine juice. Ap
ples, pears, plums and berries grow to perfection, and any favoring knoll
furnishes a home for a vine, where grapes, large and juicy, if not so sugary
as those grown on the upland, produce a most abundant and excellent
article for the table. The innumerable sloughs and water-courses, the
natural roadways, are so many reservoirs for raising valuable kinds of fish,
and will teem with animal food as soon as our legislators get awake to the
importance of guarding and protecting public interests. Even the most
broken and barren mountain land of that section will yield fresh range and
outlooks for flocks of fleecy Angoras. Again will be spoken that word of
ancient days, ' The stone which the builders rejected is become the head of
the corner.'
" The second division comprises one hundred and twenty -three thousand
six hundred acres. The first-class grazing lands include much undulating
hill land, well adapted to grape-growing, which, owing to the dry climate of
that section, will prove the most desirable for raisin culture. The poorest
class of farming lands is so for want of water, and, if irrigated, may surpass
the richest in abundant yield. The partially reclaimed lands need only
higher and stronger levees, and a better knowledge of their management, to
fully sustain the good repute they have acquired during favorable seasons.
This scope of country, lying east of the Mount Diablo range, suffers with a
Geography, Name, Topography, Etc. 59
minimum rainfall, and its sandy soils soon become parched and its vegeta
tion withered, rendering the crops uncertain. Whenever full irrigation can
be practiced by the arrested waste of waters during copious rains, and from
San Joaquin river, or artesian wells, it will be sought, for its mild Winters
and early vegetation adapt it to the culture of semi-tropical fruits its
sandy soil found well suited for growth of the date, palm, tamarind, carol-
tree, pistachio nut, olive and the orange family.
" The ninety-four thousand acres of third grade, and forty-four thousand
five hundred and forty-four of fourth grade, comprise the garden spots of
the county ; divided into small holdings, they will form a great hive of in
dustry, furnishing most desirable homes for the affluent, enjoyable with the
beauty of most varied scenery, the mildness and salubrity of its climate, all
within easy reach of the metropolis."
Although we have confined our remarks chiefly to grain-growing, stock-
raising has a large share in the industrial resources of the county, the breeds
of cattle, horses, sheep, swine, etc., imported from the Eastern States and
abroad, being nowhere surpassed. Dairying is also carried on in a great
degree, to such an extent, indeed, that the making of butter for sale has, as
an industry, almost supplanted the rearing of cattle for the market, while
sheep farming receives its due attention ; but all these give way to the rais
ing of wheat.
POMOLOGY. Let us now take a retrospect of another division of pioneer
labor, in the fields of horticulture, which, though not so pretentious in its
growth, at the same time exercises not less abiding influence on our well
being. It has been said, " Fine fruits are the flowers of commodities." A
tree planted is an heirloom for future generations ; it is a sign of expanded
culture and civilization ; its shade as grateful to the wayfarer as to its
owner, without diminishing his substance. The Mission Fathers early
planted orchards of such kind as it was then possible to transplant from
Mexico or old Spain ; they had sevei'al varieties of pears, a few apples and
almonds. Pomegranates, figs, olives and grapes were more assiduously cul
tivated. The grapes, mashed and fermented in large rawhide vats, yielded
an amber juice celebrated for its sugary and fruity flavor. With the ex
pansion of settlements, such trees and vines were sparsely planted by the
rancheros. In Contra Costa County, the earliest date, from the year 1835
or 1837, the largest fruit garden was that of Francisco Castro, near San
Pablo ; next, that at Pinole, and somewhat later Dr. Marsh, of Los Mejanos,
produced excellent grapes. On the advent of the Americans, fruit of any
kind, and especially grapes, bore fabulous prices, inducing many, from the
innate love of the occupation, others carried by the money point, to bend
all their energies, supported by capital, untiring industry and persever
ance, to obtain from foreign countries the choicest and best varieties, and
60 History of Contra Costa County.
acclimate them in our midst. Unfortunately the majority of trees thus
obtained at exorbitant prices proved worthless, as not true to name, or not
suited to the climate, or not satisfactory to public taste ; many were planted
in improper locations, some dried up, and more were killed by irrigation or
overflows.
A few fruit trees planted in the years 1851 and 1852 still survive, near
Lafayette and Martinez. In 1853 this industry received an impetus by the
labors of several citizens who then settled on El Hambre Creek ; the brushy
dale was cleared after a hard struggle, and in the place of impenetrable
bramble and chaparral, a luxuriant growth of fruit trees and vines covers
the ground. In the opposite direction, near Clayton, another break was
made with extensive vineyards, and these, proving the adaptation of the
soil and climate, induced others to follow, and trees and vines, planted on
the increase, mark the homesteads as the pases of grainfields. The culture
of fruit for the home market is already overdone, but thanks to the enter
prise and inventive genius of our day, we can as well speed the rail car
with the most perishable fruits in their natural condition, or preserve,
desiccate and prepare them in any desirable manner, and then load the
precious product of preserve or raisins on another " St. Charles " as easily
as we do the golden wheat with this difference in our favor, that we shall
be thus a preferred producer, dispensing the flower of commodities, finding
with us an extensive habitat, instead of an intruder on the home produc
tions of distant nations. Contra Costa County, within hail of San Fran
cisco, with the most perfect climate, possesses also the richest of soils, and
admirable locations. Here a slope, basking in the full sunshine, fit to distil
the sugar-essence of grapes ; there a low, moist, cool valley, the home of the
apple and plum ; or a rich, mellow, alluvial soil, sheltered, cosy and warm,
where the peach blushes as a rose, and gives challenge for its sugary juici
ness. All this ground, if well cultivated, is abundantly watered by the
dews of heaven, carried on soft wings to this their resting place. The
choicest varieties of grapes grow to perfection. Pomegranates, olives, figs
and almonds find a congenial home. Oranges require but little shelter
when young, not more than in Italy or Spain, soon get acclimated, and the
golden fruit ripens well.
The experience now gained in the manner of cultivation, the selection
of favorable locations, the knowledge of varieties desirable for certain uses,
the way of preparing them for market, and the ready foreign demand now
created for these products, make the venture now certain of pecuniary
profit, and is soon to be considered indispensable in mixed and advanced
husbandry which we must now assiduously cultivate, if not wishing to be
left behind in the race for prosperity and advancement. Thus, from five
to twenty acres on each farm, planted with fruit suitable for drying, raisins
or wine, will make a gradual transit from the old ways of farming, without
Geography, Name, Topography, Etc. 61
jeopardizing present sources of income, and will create a demand for Alden
factories, raisin camps and co-operative wine cellars. Then it will be ap
parent how long we have remained in an indolent, Rip Van Winkle slum
ber of grain-growing to supply cheap bread to distant nations, and impov
erishing ourselves for their sakes.
EARTHQUAKES. There is a sort of nameless terror about an earth
quake to those who have never experienced one, and to many who have,
the sensation is anything but pleasant. But they are trifles compared with
the terrible thunder-storms and hurricanes that prevail on the other side of
the continent. Hundreds of people are killed by lightning there, to every
one that loses his life by earthquakes here. The thunder-storms and tor
nadoes have this advantage, however : they send their warning signals of
gathering, skurrying clouds ahead, to prepare people for the dire disaster
which may soon follow. The earthquake steals upon one when he least
expects it. A sudden jarring of the earth, with perhaps a deep rumbling
noise, followed by a quick, oscillating motion, which dies away in a gentle
tremulous vibration, and all is quiet. The shock seldom lasts longer than
eight or ten seconds. Many months sometimes intervene between these
earth shocks, and then again we have known several to occur in a single
day. For the last ten years they have been rare.
The heaviest shock experienced in this county since its occupation by
Americans was on October 21, 1868, when several buildings were more or
less injured. The shock extended for several hundred miles along the
coast, caused considerable damage to property in San Francisco and other
places, and taught architects the necessity of improving their methods of
building, by bracing and strengthening their walls in a more secure manner.
In the construction of chimneys, also, galvanized iron has been substituted
largely for brick. Wooden buildings are considered earthquake proof.
They are seldom damaged to any considerable extent by the shocks.
There are various theories concerning the reason of these disturbances,
which at present, however, are mainly speculative. It is possible that
scientific research may eventually fathom the cause, if not provide a remedy.
The electric theory has many advocates. In other countries the equilibrium
of the upper air currents of electricity and those of the earth is established
and brought about through the medium of cloud conductors, as witnessed
in the lightning's flash followed by the thunder peal. Here there are no
cloud conductors during the Summer months. The earth, it is supposed,
becomes overcharged with electricity, which seeks an equilibrium with the
upper air currents ; hence the disturbance. This theory is strengthened by
the fact that earthquakes usually occur in the Fall of the year when the
clouds begin to gather and the air becomes filled with moisture. " Good
earthquake weather," is what old residents designate a warm, cloudy day
62 History of Contra Costa County,
preceding the Winter rains. The "internal fire" theory has also its advo
cates. But whatever may be the cause, we much prefer an occasional
earthquake to the frequent electrical disturbances that cause so much dis
aster to life and property in the Atlantic States.
ABORIGINES. The beautiful valleys and mountain recesses of the Contra
Costa afforded a grand home for the aboriginal tribes. Here they swarmed
in large numbers, went through the drama of life, birth, consorting and
death, with an almost stolid indifference. How far back in the course of
time this race extends, or whence came their progenitors, no man knoweth.
If, as some scientists assert, the very first evidences of the human race ap
pear on the Pacific Coast (at Angel's Camp, Tuolumne County), why should
we doubt that they are the descendants of this primitive race ? Wars, dis
ease, natural phenomena, and other causes have conspired to destroy the
original race from the face of the earth, or it may have remained for the
pale-faced progeny of a kindred, yet far removed race, to perform the final
act in the great drama of their existence as a people. Be that as it may,
the great fact still remains, that when the Caucasians came to this coast
they found it inhabited by a race of copper-colored people of peculiar phys
ique and habits, differing widely from their brethren of the East, the Alon-
quins. The district now known as Contra Costa was no exception to the
general rule, but was infested by a horde of these rude barbarians. To
describe this people, their habits and customs, will be the object of the fol
lowing remarks.
It is generally supposed that the Contra Costa was originally inhabited
by four tribes of Indians, called Juchiyunes, Acalanes, Bolgones, and Car-
quinez, who were, all in all, a degraded race. Dr. Marsh described them as
stoutly built and heavy limbed, as hairy as Esau, and with beards that would
gain for a Turk honor in his own country. They had short, broad faces,
wide mouths, thick lips, broad noses, and extremely low foreheads, the hair
of the head, in some cases, nearly meeting the eyebrows, while a few had
that peculiar conformation of the eye so remarkable in the Chinese and
Tartar races, and entirely different from the common American Indian, or
the Polynesian. He states further, " The general expression of the wild
Indian has nothing of the proud and lofty bearing, or the haughtiness and
ferocity so often seen east of the mountains. It is more commonly indic
ative of timidity and stupidity. The men and children are absolutely and
entirely naked, and the dress of the women is the least possible or con
ceivable remove from nudity. Their food varies with the season. In Feb
ruary and March they live on grass and herbage ; clover and wild pea- vine
are among the best kind of their pasturage. I have often seen hundreds of
them grazing together in a meadow like so many cattle. [If Doctor Boudi-
not only knew this fact, he would undoubtedly start a new theory that they
Geography, Name, Topography, Etc. 63
are the descendants of Nebuchadnezzar.] They are very poor hunters of
the larger animals, but very skillful in making and managing nets for fish
and food. They also collect in their season great quantities of the seed of
various grasses, which are particularly abundant. Acorns are another prin
cipal article of food, which are larger, more abundant, and of better quality
than I have seen elsewhere. The Californian is not more different from the
tribes east of the mountains in his physical than in his moral and intellectual
qualities. They are easily domesticated, not averse to labor, have a natural
aptitude to learn mechanical trades, and, I believe, universally a fondness
for music and a facility in acquiring it. * * * They are not nearly
so much addicted to intoxication as is common to other Indians. I was for
some years of the opinion that they were of an entirely different race from
those east of the mountains, and they certainly have but little similarity.
The only thing that caused me to think differently is that they have the
same Moccasin game that is so common on the Mississippi, and what is more
remarkable, they accompany it by singing precisely the same tune. The
diversity of language among them is very great. It is seldom an Indian
can understand another who lives fifty miles distant ; within the limits of
California are at least a hundred dialects, apparently entirely dissimilar.
Few or no white persons have taken any pains to learn them, as there are
individuals in all the tribes which have any communication with the settle
ments who speak Spanish. The children when caught young are most easily
domesticated, and manifest a great aptitude to learn whatever is taught
them ; when taken into Spanish families and treated with kindness, in a
few months they learn the language and habits of their masters. When
they come to maturity they show no disposition to return to the savage
state. The mind of the wild Indian, of whatever age, appears to be a
tabula rasa, on which no impressions, except those of mere animal nature,
have been made, and ready to receive any impress whatever. I remember
a remark of yours (Mr. Cass) some years ago, that 'Indians were only
grown up children.' Here we have a real race of infants. In many recent
instances when a family of white people have taken a farm in the vicinity
of an Indian village, in a short time they would have the whole tribe for
willing serfs. They submit to flagellation with more humility than the
negroes. Nothing more is necessary for their complete subjugation but
kindness in the beginning, and a little well-timed severity when manifestly
deserved. It is common for the white man to ask the Indian, when the
latter has committed any fault, how many lashes he thinks he deserves.
The Indian with a simplicity and humility almost inconceivable, replies ten
or twenty, according to his opinion of the magnitude of the offense. The
white man then orders another Indian to inflict the punishment, which is
received without the least sign of resentment or discontent. This I have
myself witnessed or I could hardly have believed it. Throughout all
64 History of Contra Costa County.
California the Indians are the principal laborers; without them the business
of the country could hardly be carried on." *
The tribes inhabiting the Contra Costa did not differ materially from
the others inhabiting this section of the State, as they presented very similar
characteristics, habits and customs to those of the central portion of Cali
fornia. They were lazy and filthy, Dr. Marsh's assertion to the contrary
notwithstanding, while, as to home, they were among the fugitivi et vaga-
bondi class. Nature had provided for them with a lavish hand, and all
they had to do was to reach forth their hands, pluck and eat. No vain am
bitions lured them on in the great race of life ; no baubles of riches enticed
them into hardships of labor, either mental or physical. They lived to die.
Whence or why they came upon the scene of action, it was not theirs to
inquire ; and, " whither are we drifting ?" was a question over which they
,stopped not to puzzle their dull brains. And who shall say that they were
not as happy in their listless life as are we of the higher type who wrestle
with the inevitable almost from our infancy to our dotage ? From an
ethical point of view, and looking at the matter through the lenses of edu
cation, of course it could be said that their lives were worse than wasted ;
and when they vanished before the overwhelming tide of civilization, the
world was rid of so much filth. But it is the old fable of the man and the
lion repeated : seeing a picture of a man, the man remarked to the lion that
" there stood the lord of creation." The lion asked who painted the picture,
to which the man replied, "I did." "Ah !" said the lion, "it makes all the
difference in the world who paints the picture of the lord of creation ; I
should have painted a lion." And so it is in this case. Indian ethics are
not our ideas of duty to self or man ; and it is not improbable that they
lived up to the light they had on that subject quite as near as do their
successors.
In regard to their costume, we have already said that it was of the most
primitive nature, a slight strip of covering around the loins being full dress ;
but even this was not usual, for the greater number preferred walking
abroad perfectly unclothed. During the Winter the skin of a deer or other
animal, or else a robe manufactured out of the feathers of water-fowl, or
strips of other skin twisted together, formed the required protection against
the inclement weather, yet such was their stupendous laziness that sometimes
naught protected them from the chilly blasts but a thick covering of mud,
an inexpensive garment at best. The wardrobe of the women was little
more extensive, a fringed apron of tules falling from the waist before and
behind, and open at the sides, being their Summer costume, while in the cold
season a deer skin was added. Tattooing is said to have been common
within narrow limits among the females, and by these marks were the
women of different tribes distinguishable.
* Letter of Dr. John Marsh of Contra Costa County, to Hon Lewis Caes, 1846,
Geography, Name, Topography, Etc. 65
Nearly as primitive as their costume were their dwellings, which in
Summer was a protection of branches, and in Winter, a wickeup. Of these
latter Bancroft's Native Races says: "These are sometimes erected on the
level ground, but more frequently over an excavation three or four feet deep,
and varying from ten to thirty feet in diameter. Round the brink of this
hole willow poles are sunk upright in the ground and the tops drawn to
gether, forming a conical structure, or the upper ends are bent over and
driven into the earth on the opposite side of the pit, thus giving the hut
a semi-globular shape. Bushes, or strips of bark, are then piled up against
the poles, and the whole is covered with a thick layer of earth or mud. In
some instances the interstices of the frame are filled by twigs woven cross
wise, over and under, between the poles, 'and the outside covering is of tule
reeds instead of earth. A hole at the top gives egress to the smoke, and a
small opening close to the ground admits the occupants.
" Each hut generally shelters a whole family of relations by blood and
marriage, so that the dimensions of the habitation depend on the size of
the family."
It strikes us as a curious fact that the natives who roamed around the
Bay of San Francisco had no canoes but used bundles of tules lashed firmly
together, about ten feet long, and pointed at both ends, as a means of navi
gation. They were tolerably dry in calm weather on a river, but when
rough, the paddler, who sat astride of them, was up to his waist in water,
still, when needed, they would venture far out to sea on these. Indeed, it
is asserted that the Indians of California, previous to the occupation by
the Jesuit Fathers, had no other boats than those mentioned above, which
were in use even at as late a date as 1840. Says Mr. Bancroft : " The
probable cause of the absence of boats in Central California is the scarcity
of suitable, favorably located timber. Doubtless if the banks of the Sac
ramento and the shores of San Francisco Bay had been lined with large
straight pine or fir trees, their waters would have been filled with canoes ;
yet after all, this is but a poor excuse; for not only on the hills and mount
ains, at a little distance from the water, are forests of fine trees, but quanti
ties of driftwood come floating down every stream during the rainy season,
out of which surely sufficient material could be secured for some sort of
boats."
Of their language, but little is left. Here and there a word has fastened
itself upon some ranch or town, and will be handed down through a few
generations. It was a deep gutteral, not unlike that spoken by the natives
of Southern China, but that there is any philological relation between the
two tongues we will not venture to assert, still there is a sufficient resemb
lance to occupy the mind of the studiously inclined.
A short half -century has sufficed to see this race become so entirely ex
tinct that the sight of an Indian is almost a rarity. And what has done
66 History of Contra Costa County.
this ? Disease was the prime cause, for it is stated that cholera took them
off by thousands in 1833, while it is said they died so fast that the living
were unable to care for the dead. Whole tribes became extinct, it being
reported by a traveler on the Sacramento River that all of one tribe died
within a few days except a little girl. Then came war with its kindred
calamities as another great decimator of their ranks. Contact with civilization
had also much to do with it. Soon after the whites came among them,
prostitution became general ; the women no longer bore children, and thus
the tribe gradually, but surely, died out, and no little ones grew to take the
place of the deceased elders. Truly would it appear to have been a matter
of destiny, for it was impossible that the two races could exist in con
tingency.
For disease their great " cure-all " was the sweat-bath, which was taken
in the " sweat-house," which institution was to be found in every rancheria.
A fire being lighted in the center of the temescal, (the term applied to the
native sweat-houses by the Franciscan Fathers), the patient is taken within
and kept in a high state of perspiration for several hours ; he then rushes
out and plunges into the convenient stream on the bank of which the
structure is always raised a remedy, whether more potent to kill or to
cure, we leave to the decision of the reader.
The following graphic description of the experiences of a gentleman in
a temescal, we give to the reader as a truthful and racily told adventure :
" A sweat-house is of the shape of an inverted bowl, and is generally
about forty feet in diameter at the bottom, and is built of strong poles and
branches of trees, covered with earth to prevent the escape of heat. There
is a small hole near the ground, large enough for Diggers to creep in, one
at a time, and another at the top to give out the smoke. When a dance,
a large fire is kindled in the center of the edifice, and the crowd assembles,
the white spectators crawling in and seating themselves anywhere out of
the way. The apertures, both above and below, are then closed, and th<
dancers take their positions.
" Four and twenty squaws, en dishabille, on .one side of the fire, and ;
many hombres, inpuris naturalibus, on the other. Simultaneously with th
commencement of the dancing, which is a kind of shuffling hobble-de-hoy,
the ' music ' bursts forth. Yes, music fit to raise the dead. A whole legioi
of devils broke loose. Such screaming, shrieking, yelling and roaring
never before heard since the foundation of the world. A thousand cross
cut saws, filed by steam power a multitude of tom-cats lashed togethei
and flung over a clothes-line innumerable pigs under a gate all combinec
would produce a heavenly melody compared with it. Yet this uproar,
deafening as it is, might possibly be endured, but another sense soon comes
to be saluted. Talk of the thousand stinks of the ' City of Cologne.' Here
are at least forty thousand combined in one grand overwhelming stench,
Geography, Name, Topography, Etc. 67
and yet every particular odor distinctly definable. Round about
the roaring fire the Indians go capering, jumping and screaming, with the
perspiration streaming from every pore. The spectators look on until the air
grows thick and heavy, and a sense of oppressing suffocation overcomes
them, when they make a simultaneous rush at the door for self-protection.
Judge their astonishment, terror and dismay to find it fastened securely
bolted and barred on the outside. They rush frantically around the walls
in hope to discover some weak point through which they may find egress,
but the house seems to have been constructed purposely to frustrate such
attempts. More furious than caged lions, they rush bodily against the sides
but the stout poles resist every onset. Our army swore terribly in Flan
ders, but even my uncle Toby himself would stand aghast were he here
now.
" There is no alternative but to sit down, in hopes that the troop of
naked fiends will soon cease from sheer exhaustion. Vain expectation !
The uproar but increases in fury, the fire waxes hotter and hotter, and they
seem to be preparing for fresh exhibitions of their powers. The combat
deepens. On ye brave ! See that wild Indian, a newly elected captain, as
with glaring eyes, blazing face, and complexion like that of a boiled lobster,
he tosses his arms wildly aloft as in pursuit of imaginary devils, while
rivers of perspiration roll down his naked frame. Was ever the human
body thrown into such contortions before ? Another effort of that kind,
and his whole vertebral column must certainly come down with a crash !
Another such convulsion, and his limbs will assuredly be torn asunder, and
the disjointed members fly to the four points of the compass ! Can the
human frame endure this much longer ? The heat is equal to that of a
oake-oven ; temperature five hundred degrees Fahrenheit ! Pressure of
steam one thousand pounds to the square inch ! The reeking atmosphere
las become almost palpable, and the victimized audience are absolutely
gasping for life. Millions for a cubic inch of fresh air ! Worlds for a drop
>f fresh water to cool the parched tongue ! This is terrible. To meet one's
'ate among the white caps of the lake, in a swamped canoe, or to sink down
>n the bald mountain's brow, worn out by famine, fatigue and exposure,
vere glorious ; but to die here, suffocating in a solution of human perspira-
ion, carbonic acid gas and charcoal smoke, is horrible ! The idea is abso-
utely appalling. But there is no avail. Assistance might as well be sought
rom a legion of unchained imps as from a troop of Indians maddened by
xcitement.
" Death shows his visage not more than five minutes distant. The fire
limmers away leagues off. The uproar dies in the subdued rumble of a
emote cataract, and respiration becomes slower and more labored. The
rhole system is sinking into utter insensibility, and all hope of relief has
eparted, when suddenly, with a grand triumphal crash, similar to that with
68 History of Contra Costa County.
which the ghosts closed their orgies when they doused the lights and started
in pursuit of Tarn O'Shanter and his old gray mare, the uproar ceases, and
the Indians vanish through an aperture opened for that purpose. The
half -dead victims to their own curiosity dash through it like an arrow, and
in a moment more are drawing in whole buckets full of the cold, frosty air,
every inhalation of which cuts the lungs like a knife, and thrills the system
like an electric shock. They are in time to see the Indians plunge headlong
into the ice-cold water of a neighboring stream, and crawl out and sink
down on the banks, utterly exhausted. This is the last act of the drama,
the grand climax, and the fandango is over."
With the Indians of the Bay of San Francisco, the practice of burning
their dead, with everything belonging to them, was universal, while those
farther south buried theirs. Weird is this scene of incremation. Gatherec
in a circle around the funeral pyre are the friends and relatives of the de
ceased, howling in dismal discord ; as the flames extend, so increases thei
enthusiasm, until, in an ecstasy of excitement, they leap, shriek, lacerate thei
bodies, and go so far as to tear a handful of the burning flesh from off th
smoldering body, and ' devour it. As a badge of mourning they smearec
their faces with a compound of the ashes of the dead, and grease, where i
was allowed to remain for Time to efface.
As is natural to suppose; the theme which we now leave with the reade
is endless, therefore we are unable to follow it out as it should be ; still, a
work of the nature which we now offer is hardly the place to look for augh
but a short notice of California's aboriginals. Where can such be bette
found than in the pages of the profound and elaborate work of Mr. Ban
croft on the Native Races of the Pacific States of North America !
The Mount Diablo Coal Field. 69
THE MOUNT DIABLO COAL FIELD.
BY THOMAS A. McMAHON, COUNTY SURVEYOR.
The Clark Vein Faults and Disturbances Ventilation Peacock and San Francisco
Mines Central or Stewart's Mine Empire Mine Teutonia Mine
Eancho de los Meganos Coal Mines.
BY THE PHRASE " MOUNT DIABLO COAL FIELD," may be included a belt
of country extending from the north central part of T. 1 N., R. 1 E. south
easterly to the central part of T. 1 N., R. 2 E., Mount Diablo base and
meridian. The area of this field which has been profitably worked is con
fined to a more limited extent. The details of this outline of crop are very
irregular, especially in the western portion of the field, where the hills are
very high and the canons deep and steep. The general course of the out
line of crop may be traced as follows : Beginning in the N. E. quarter of
section 7, T. 1 N., R. 1 E., Mount Diablo base and meridian. Thence in a
northeasterly direction, but curving very rapidly towards the east till you
reach a point in the N. W. quarter of section 8, T. 1 N., R 1 E. Thence in an
almost due east direction to a point near the dividing line between sections
10 and 11, T. 1 N., R 1 E. From this point it bends to the south, crossing the
southern half of section 12 and across the southwest corner of section 7, T.
1 N., R. 2 E. Thence in an irregular southeasterly direction as far as the
Brentwood Mines, upon the Rancho Los Meganos, near the line between
sections 22 and 27, T. 1 N., R. 2 E., Mount Diablo Meridian. Beyond this
point the beds have not been traced with any degree of certainty, although
traces and outcroppings have been found in many localities to the southeast.
The dip throughout is in a northerly direction, but it varies in amount at
different localities, varying from twelve to thirty-three degrees, being
in highest the western portion of the field.
The culminating points of the hills in the western part of this coal field
are at an altitude of from fifteen to eighteen hundred feet. Running east,
the hills diminish in height, falling lower and lower until we reach the
Brentwood Mines, which are at an altitude of about two hundred feet above
tide level. This range of hills is scored deeply and in all directions by
canons, in which all the profitable mines are located. The strata have been
70 History of Contra Costa County.
considerably disturbed at different localities by faults of greater or less
magnitude, and the coal beds themselves have been subject to such varia
tions in thickness and the character of the rocks which surround them, that
it is impossible, with the present amount of knowledge, t'o recognize any
single bed in the eastern portion of the field as the same which has been so
extensively worked in the western portion. The area within which the
mines have been profitably worked lies within the western portion of the
field. It lies among the higher hills, and includes a belt about four miles
in length, extending from the Black Diamond works, in the N. E. quarter
of section 7, through to Pittsburg, Empire and Central. The Central (i. e.,
Stewart's mine) has not been included within the profitable productive
limits until within the last year. Heretofore many thousand tons were
taken out of the last-mentioned mine at a loss, but at present the reverse is
the case. The chief openings of these mines, as well as the dwellings of the
miners, owing to the topography of the country, are located at three points,
situated about a mile apart. The first of these, beginning in the western
portion of the field, is the village of Nortonville, which is located on the
S. E. quarter of section 5, T. 1. N., R. 1 E. The second, known as Somers-
ville, is chiefly on the S. E. quarter of section 4. The third, known as
" Central " or Ste warts ville, is located on section 10. Each village is in the
bottom of an amphitheatre amongst the hills and at the head of a deep
canon ; the canons from Somersville and Nortonville running to the north,
and from Stewartsville in a southerly direction, turning to the north and
uniting with the canon leading from the Empire Mine. Down each of these
canons there runs a railroad to the point of shipment on the San Joaquin
River ; the Black Diamond running to Black Diamond Landing ; the road
from Somersville running to Pittsburg Landing. The road from Stewarts
ville joins with the road from Empire at Judsonville, thence to Antioch.
These roads cross the railroad of the San Pablo and Tulare Railroad Com
pany, from which point of intersection considerable coal is transported, but
the greater portion is shipped on barges from the points of transportation
on the San Joaquin River. The villages of Empire, Stewartsville, Somers
ville and Nortonville are situated at an elevation of from three hundred
and fifty to eight hundred and fifty feet above tide level, the grade of the
road from the last-mentioned points being very great, depending only on
the force of gravity as power for transporting the coal in cars to the point
of shipment.
The rocks which inclose the mines consist of grayish and reddish silici-
ous sandstone, alternating with a strata of clay rock. The coal beds which
have been heretofore profitably worked are three in number, and are known
as the " Clark Vein," the " Little Vein," and the " Black Diamond Vein."
Of these, the " Clark Vein" is highest in stratigraphical position. Next in
order below conies the " Little Vein," and still lower we find the " Black
The Mount Diablo Coal Field. 71
Diamond Vein." In the Clayton tunnel, situated at Norton ville, the dis
tance from the floor of the "Clark Vein" to the roof of the "Black
Diamond Vein" is six hundred and ninety-six feet. The dip here being
about 31, it follows that the total thickness of the strata, including the
Little Vein, between the Clark and Black Diamond Veins, is three hundred
and fifty-nine feet. These veins are found throughout all the mines, the
Clark Vein predominating.
THE CLARK VEIN. This vein has been worked continuously throughout
all the mines. It varies in thickness at different points, from a minimum
of eighteen or twenty inches to a maximum of four and a half feet. The
greatest variations in the thickness of this bed do not occur within the
limits of the Black Diamond, the minimum being twenty-eight inches
and the maximum being thirty-nine inches. As it extends east it grows
thinner, and reaches in the S. W. quarter of section 4 a minimum of from
eighteen to twenty -four inches. As it extends farther east to the S. E.
quarter of section 4 it gradually increases in size, being at this point from
three to four feet in thickness, and reaches its maximum in the Pittsburg
mine, where it is four and a half feet. The Clark Vein is generally free from
interstratification of slate or dirt of any kind, and with the exception of a
portion near the S. W. corner of section 5, where it has been badly crushed
by the moving and bending of the strata, it generally makes good clean
coal. Its roof and floor are generally good, and require but little timbering,
it being of good, solid sandstone.
The chief openings to the Clark Vein are the Black Diamond Com
pany's openings, of which there are three. The first of these is known
as the " Little Slope," the second is the " Mount Hope Slope," and third
the " Black Diamond Shaft." Second, the "Union Company's Slope."
Third, the slope of the old Eureka Company. Fourth, the " Pittsburg
Slope." Fifth, the " Independent Shaft."
The mouth of the " Hoisting Slope " of the Black Diamond Company is
situated in the bottom of a deep ravine, which runs up southwesterly
among the hills, and is eight hundred and thirty feet above low water
mark on the San Joaquin River. This slope is ninety-eight feet long, and
goes down through the Clark Vein at a pitch of about 35.
The mouth of the " Mount Hope Slope " is situated about four hundred
and fifty feet northeasterly from the mouth of the " Hoisting Slope," and is
seven hundred and ninety -seven feet above low water mark on the San
Joaquin River. This slope is two hundred and ninety-three feet long, to
the Clark Vein, and has a pitch to the south of about 37 15'. From its
foot the " Mount Hope Gangway" runs east and west through the Clark
Vein, and is over a mile in length.
The " Black Diamond shaft " is situated six hundred and twenty feet
72 History of Contra Costa County.
northwesterly from the mouth of the " Mount Hope slope." It is vertical
and its mouth is eight hundred and thirty-nine feet above low water mark.
The mouth of the " Union Company's slope " is situated very close to the
line between the S. E. and the S. W. quarters of section 4, and is eight
hundred and sixty-six feet above low water mark on the San Joaquin
River. The slope is four hundred and seventeen feet long to the " Clark
vein," with a pitch of 37 45' to the south. From its foot a gangway runs
east and west through the Clark vein.
From a point on this gangway, two hundred and forty-four feet west of
the foot of this slope, a counter slope runs down, with a pitch of 28 23'
to the north, three hundred and four feet to a second gangway, and then
about three hundred feet to another gangway. The old Eureka slope was
about two hundred and ninety feet long, with an average pitch of 43 15'
to the south ; its mouth is seven hundred and eighty-six feet above low
water mark.
The Pittsburg slope is in the southeast corner of section 4. Its mouth
is eight hundred and thirty-eight feet above low water mark. Its pitch,
25 50' west of south, and is two hundred and forty feet long to the Clark
vein. From its foot a gangway runs in both directions through the com
pany's property. From a point on this gangway, twenty-five feet west of
the foot of the Surface slope, a counter slope runs down on the dip about
eight hundred feet, with a pitch of 31 30'.
There are, however, two intermediate gangways, one at a*point three
hundred feet, and the other at a point five hundred and seventy-nine feet
down from the head of the counter slope. In the eastern part of this mine
and distant nearly a quarter of a mile from the foot of the surface slope,
there is another counter slope running down from the upper gangway to
the second one.
The Independent shaft is a vertical shaft sunk by the now defunct In
dependent Company, at a point a little S. W. from the center of the N. E.
quarter of the S. E. quarter of section 4. Its mouth is seven hundred and
nineteen feet above low water mark, and it is seven hundred and ten feet
deep. This mine was worked at a great loss and was finally abandoned.
FAULTS AND DISTURBANCES. Throughout the Mount Diablo coal mines
the beds are frequently more or less disturbed by faults and dislocations,
some of them being of great magnitude.
These disturbances are generally most sharply defined in the Clark vein.
The longest distance which occurs anywhere in the mines without any
fault or disturbance of noticeable magnitude, is a distance of about two
thousand feet on the Clark vein stretching east from the Black Diamond
into the Union mine. Most of the larger faults of these mines have a
northeasterly and southwesterly course, the plane dipping at a steep angle
The Mount Diablo Coal Field. 73
to the northwest. With reference to the direction of those in the faults,
the general law holds pretty well throughout these mines, that where the
plane of a fault is inclined from the vertical, it is the hanging wall of the
fault that has gone down. This law, though general, is not universal, as
cases occur where the throw is in the opposite direction.
The general line of strike of the beds, in spite of all faults and disturb
ances, is very straight for a distance of nearly a mile and a half in a
direction of about N. 86 E. from the Pittsburg slope, to a point about as
far west as the middle of section 5, and within this distance the dip does
not vary greatly from 30, ranging in general from 28 to 32. But going
west from the middle line of sections 5 and 8 the beds and strata curve
around in a gentle sweep to the south, while at the same time their dip
diminishes until it does not exceed 20.
The general form of the beds as they lie in this shape is that of warped
surfaces, which produces a gradual increase in the height of all the lifts in
going toward the west.
VENTILATION. In mines situated as these are amongst the deep canons
and high hills, there is generally great difficulty in securing good ventila
tion, which is a necessary adjunct to the working of the mines. Artificial
means have been resorted to, and not until lately with any success. The
water being supersaturated to such an excess of Sulphuretted Hydrogen,
that on exposure to the air it forms white deposits of sulphur, and the gas
escaping causes a bad effect on the eyes. One method used at the mines
for ventilation was the keeping of lighted fires at the bottom of the venti
lating shafts, which heated the air and kept it in rapid circulation.
Chloride of lime was used for the purpose of decomposing and absorb
ing the deleterious gases, but it did not accomplish the work ; its odor being
very disagreeable, this method had to be abandoned finally. Then one of
the largest sizes of Root's patent rotary blowers was obtained. This was
driven by a small engine, the air was forced through a pipe down the Black
Diamond shaft, and after its course through the mines, found its exit through
the Mount Hope gangway. This method worked very well, but it was not
complete. Another method was resorted to ; instead of forcing the air
down through the mines and out, this principle was reversed, and the air
was exhausted from the mines ; this was an improvement on the other, yet
enough gas remains still to make it disagreeable to those working in
them.
There is but little fire damp in these mines, yet occasionally a locality
is found which requires close watching, but not enough shows itself to re
quire the use of the safety lamp, this being used only as a test for the
fire damp. Numerous small casualities have occurred from the presence
of fire damp, which only resulted in the severe burning and occasionally in
74 History of Contra Costa County.
the death of one or two men. But it was all owing to the gross careless
ness of the miners going into those parts of the mines that had not been
worked for some time, and where they might hare expected to find the fire
damp, if they had reflected but a moment
PEACOCK AXD SAM FRAXCISCO MIXES. To the west of the Black Dia
mond Company's mines for a distance of a mile or two there has been
considerable prospecting done in years past, but the above mines are the
only ones worth mentioning. The "Peacock" mine is situated on the
Black Diamond bed. The San Francisco mine is situated about half a mile
west of the Peacock mine ; this mine is also on the Black Diamond bed, bat
neither have been profitably worked.
CENTRAL OR STEWART'S MIKE. This mine is over the ridge and east
erly from Somersville, and is situated in a steep and narrow ridge ronning
east and west across section 10. It was originally opened by a tunnel, its
length to the dark bed being about one thousand feet There are exposed
in this tunnel beneath the dark bed four distinct seams of coal of differ
ent thicknesses. In 1870 a gangway was driven in on the Clark bed two
hundred and seventy-five feet east and three hundred and seventy-five
feet west from the tunnel and considerable coal extracted, the bed averaging
thirty-nine inches in thickness. Since that time a tunnel has been driven
in Stewart's mine from the dark bed northerly through the ridge, and to
daylight on the other side.
EMPIRE MOTE. This mine is located on the southwest quarter of the
southeast quarter of section 12, and is about four hundred feet above tide
mark on the San Joaquin River.
What information we have been able to glean on this mine will be
found in the History of Township Number Five.
TEUTQXIA MUTE, Passing east from the Empire mine we come to the
Teutonia mine, in the south part of the S. W. quarter of section 7, T. 1 N.
R. 2 EL, the mouth of the mine being about one hundred and fifty feet
north of the section line. Considerable work was done on this mine and
a large amount of coal was found, the seam being about thirty-six inches
thick, but it was finally abandoned.
RASCHO DE LOS MEGAN os COAL MOTES. The mines on this ranch are
situated just on the edge of the Mount Diablo foot hills, at a point some
five miles easterly from the Mount Diablo mines, and at an elevation of
about one hundred and sixty feet above tide mark on the San Joaquin
The Mount Diablo Coal Field. 75
River. The parties who commenced to develop this property ran a slope
from the outcrop down a vein about three and a half feet in thickness, and
one hundred and seventy-five feet in length. The dip of the vein is about
N. 35 E., and at an angle of 18 to the horizon. A shaft was then sunk
one thousand three hundred and seventy-five feet N. 70 45' E. from the
mouth of the slope. This shaft is four hundred feet in depth, and was
divided into three compartments, two for hoisting coal and one for pumping
purposes. Some work has been done in the mine since, but it has not been
operated for market purposes. The distance to a suitable landing on the
San Joaquin is about seven and three-fourths miles. With this mine the
Mount Diablo coal fields may be said to terminate. No indications worth
mentioning show themselves until we reach the Corral Hollow coal field.
76 History of Contra Costa County.
THE EARLY HISTORY AND SETTLEMENT OF CONTRA
COSTA COUNTY.
The Spanish, Mexican and American Periods.
The history of the Contra Costa dates back to the time when California
was visited by the white race. The Pacific Ocean was given to the world
by Vasco Nunez de Balboa, who looked down from the heights of Panama
upon its placid bosom on the twenty-fifth day of September, 1513. In
1519 Mexico was conquered by Hernando Cortez, and sixteen years there
after, in 1537, his pilot, Zimenez, discovered Lower California. In 1542, a
voyage of discovery was made along the Calif ornian coast by the famous
Captain Juan Rodriguez Cabrillo, on the 5th July of which year he landed
at Cape St. Lucas, in Lower California, and following the coast he finally
entered the delightful harbor of San Diego, in Upper California, September
28th. This place he named San Miguel, which was afterwards changed by
Viscaino to that which it now bears. It was not until the year 1602, how
ever, that the Spaniards took any actual steps to possess and colonize the
continent. In that year Don Sebastian Viscaino was dispatched by the
Viceroy of Mexico, acting under the instructions of his royal master, Philip
III, on a voyage of search in three small vessels. He visited various points
on the coast, among them San Diego, was well pleased with the appearance
of the country, and on December 10th discovered and entered a harbor
which he named in honor of Count de Monterey, the Viceroy who had dis
patched him on the cruise.
We are told by the ancient historiographers that part of this expedition
reached as high as the Columbia River, in Oregon, and that the whole sub
sequently returned to Acapulco, its efforts being pronounced satisfactory.
For some unexplained cause, not much use had been made of the in
formation gained from these trips, which were of frequent occurrence, and
it was not for one hundred and sixty-eight years that any steps towards
the permanent settlement of Upper California were undertaken. Under
the joint management of Church and State, a plan with this end in view
was commenced in the year 1683, but it failed, the State being represented
by Admiral Otondo, and the Church by a Jesuit Father named Kino, La
Paz being their point of operation ; but we are correct, we believe, in stat-
Early History and Settlement of Contra Costa County. 77
ing that they did not all visit Upper California. The settlement of the
peninsula was finally undertaken fourteen years later, when sixteen mis
sionary establishments were founded by Father Salva Tierra. The order
which he represented falling into disgrace in Europe, however, was banished
from the dominions of Spain and Lower California in 1768, after laboring
for seventy years. They were in turn succeeded by the Franciscans and
Dominicans, the former of whom, under the guidance of Father Junipero
Serra, proceeded to the conquest and conversion of this part of the country.
This Reverend Father is recognized by the Roman Catholic Church as the
Apostle of Upper California, and acknowledged in history as its founder.
The first permanent settlement in California, as we now know it, was
made at San Diego in 1769, when was also established the first mission,
whence further operations were directed and new missions founded.
The discovery of the Bay of San Francisco, which, with its contiguous
sheets of water, bathes our western shores, was long a subject of dispute.
Some have claimed the honor for Sir Francis Drake, who, in his famous
marauding expedition of 1577-78-79, put into what was then, and long
after, called the Port of San Francisco, and remained some weeks, refitting
his ships. He called the country " New Albion," and took formal posses
sion of it in the name of his sovereign, Queen Elizabeth, and as her repre
sentative accepted the allegiance of some of the native chiefs. In perpetual
'memory of this act of possession, the old chronicler relates that a wooden
pillar was erected, to which was fixed a silver plate containing an engraved
likeness of her Majesty, with the date. It was probably a redwood post
with an English crown-piece, or perhaps a shilling, nailed fast to it, bearing
her royal image and authenticated by the stamp of her mint. But that
this Spanish Port of San Francisco, entered by Drake in 1578, wherein the
Manilla galleon " San Augustine" was wrecked in 1595, and which Viscaino
also visited in 1603, is not the same which now bears the name, has been
fairly established from ancient records recently brought to light by the
California Historical Society, and has been definitely accepted by an
authority no less distinguished than Professor George Davidson, of the
United States Coast Survey. A description of it is to be found in an old
Pacific Coast Pilot, written by Admiral Josd Gonzales Cabrera Bruno, and
published in Manilla in 1734. It is there located immediately under the lea
of Point Reyes, and corresponds perfectly with that now termed Sir Francis
Drake's Bay.
The present Bay of San Francisco remained unknown down to the year
1769, when Jose Galvez, the Visitor-General of New Spain, determined on
the occupation of Upper California. For this purpose two expeditions were
simultaneously dispatched from Lower California, the one by land, the other
by sea. The overland one, under the command of Don Gaspar de Portala,
the first Governor of California, reached San Diego on the first of July, in
78 History of Contra Costa County.
the year named, and after a short rest there, resumed its northward march
on the 14th of the same month. Two schooners, the " San Jose"' and the
" Principe," had been directed to follow up the coast, and a rendezvous ap
pointed at the Bay of Monterey, described by Viscaino as a magnificent
port, and which Galvez designed to occupy as the base of his new colony.
After numerous vicissitudes Portala's expedition descending the valley
of the Salinas reached its mouth October 1st. Unable on a hasty reconnais
sance to find the " magnificent port " described by Viscaino, and misled by
a fog-bank into the belief of another headland immediately north of Point
Ano Nuevo (now the extreme southwestern point of San Mateo county),
the adventurers continued their journey, and, on the 30th of the month,
reached Point Corral de Tierra and camped on the site of the present town
of Half Moon Bay. The headland to the west of them Father Crespi, the
chaplain of the expedition, called Point " Guardian Angel," but the more
worldly-minded soldiers, from the abundance of mussels found there, gave
it the name of Punta de Almeja or Mussel Point.
In attempting to go further up the coast the ascent of the first ridge
revealed to the observers of the expedition, far to the north-northwest,
Point Reyes, with the Bay .of San Francisco under its lee, and the Farra-
lones to seaward, and confirmed the doubts which had, for the past month,
distracted the leaders of the party, whether they had not long since passed
by the famous port of Monterey, without finding it. A halt was called and
a counter-march decided on. But, preliminary to returning from their un
successful search, Sergeant Ortega, with a party of soldiers, was dispatched
over the hills to the northeast, to explore and report on the character of
the country to be found there. Three days were allowed for this examina
tion, and in the meantime the men were permitted to hunt at discretion
through the neighboring hills. On the evening of November 2d some of
these hunters returned announcing the discovery of an immense arm of the
sea, stretching inland. This was confirmed on the following day by the
return of Ortega's party, who announced theit glad tidings in advance, by
the discharge of musketry, waving of flags, etc.
Animated by this'unlooked for intelligence, Portala broke up his camp on
the following day and struck out over the hills to the northeastward. From
the summit of these the party looked down on our noble bay, which, in their
admiration, they termed another Mediterranean Sea. They turned southward,
with the idea of getting round the head of the bay and so reaching Point Reyes
and the harbor of San Francisco, lost for one hundred and sixty-seven years.
On the evening of November 6th they encamped on the northerly bank of
the San Francisquito Creek, not far from where Governor Stanford's house
now stands. Explorers were again sent out, but as these reported that the
bay again became wide and extended to an unknown distance southeast-
wardly, alarm at the rashness of their undertaking began to prevail, and
JOEL HARLAN.
" 0? V-;
UlflTEI
Early History and Settlement of Contra Costa County. 79
they arrested their march. In fact their powers were spent, and it was
well they decided to tempt no more ; for, to have pursued their journey
further, in their exhausted condition might have resulted in the loss of
their whole party. The discoveries they had made it was important to pre
serve. Their provisions were almost exhausted ; several of their number
had died, and more than half the remainder were down with scurvy ; the
native inhabitants showed signs of hostility, and the Winter of an unknown
region was at hand. A council was again called, and it was voted unani
mously to retrace their steps. Governor Portala would indeed still have
pushed on, but yielded to the unanimous voice of his companions, and on
November 11, 1769, they commenced their homeward march.
All their meat and vegetables had long been consumed, and their ammu
nition was nearly exhausted. Their allowance of food was reduced to five
small tortillas a day. These, with shell -fish obtained on the sea shore,
acorns and pine nuts gathered by the way, or furnished by friendly In
dians, and an occasional wild goose killed with a stick, furnished the staple
of their poor food, as they toiled over their weary homeward march. They
reached Point Pinos again on the 27th November, and notwithstanding their
distressed condition remained there till the 9th December, searching in vain
up and down the coast for that famous harbor of Monterey which Viscaino
had described in such glowing terms. Point Pinos, indeed, they recognized
from its description and the latitude assigned to it ; but nothing else could
they find corresponding to the description of the bay they were in search
of. In despair they at last concluded that the harbor must have been filled
up by sand or obliterated by some convulsion of nature. All hope of meet
ing the schooners from whose stores they might have obtained succor, was
abandoned ; and on the 9th of December they sadly prepared to renew their
toilsome and dreary march towards San Diego.
Before starting they erected on the south side of Point Pinos a large
wooden cross, on which was rudely carved the words, " Dig at the foot of
this and you will find a writing ;" and at its foot accordingly they buried
a brief account of their journey. Its text as set forth in Father Crespi's
diary, was as follows :
" The overland expedition which left San Diego on the 14th of July,
1769, under the command of Don Gaspar de Portala, Governor of Califor
nia, reached the channel of Santa Barbara on the 9th of August, and passed
Point Conception on the 27th of the same month. It reached the Sierra de
Santa Lucia, on September 13th, entered that range of mountains on the
17th, and emerged from them on the 1st of October ; on the same day caught
sight of Point Pinos and the harbor on its north and south sides, without
discovering any indications of the Bay of Monterey. Determined to push
on further in search of it, on the 30th of October we got sight of Point
Reyes and the Farrallones at the Bay of San Francisco, which are seven in
80 History of Contra Costa County.
number. The expedition strove to reach Point Reyes but was hindered by
an immense arm of the sea which, extending to a great distance inland,
compelled them to make an enormous circuit for that purpose. In conse
quence of this and other difficulties, the greatest being the absolute want of
food, the expedition was compelled to turn back, believing that they must
have passed the harbor of Monterey without discovering it. Started on
return from the Bay of San Francisco, on November llth, passed Point
Ano Nuevo on the 19th, and reached this point and harbor of Pinos on the
27th of the same month. From that date until the present 9th of Decem
ber, we have used every effort to find the Bay of Monterey, searching the
coast, notwithstanding its ruggedness, far and wide, but in vain. At last,
undeceived and despairing of finding it after so many efforts, sufferings and
labors, and having left of all our stock of provisions but fourteen small
sacks of flour, we leave this place to-day for San Diego. I beg of Almighty
God to guide us ; and for you, traveler, who may read this, that He may
guide you also to the harbor of Eternal Salvation.
" Done in this harbor of Pinos, this 9th of December, 1769.
" NOTE. That Don Michael Constanzo, our engineer, observed the lati
tude of various places on the coast, and the same are as follows :
" San Diego, at the camp of the overland expedition, 32 42'.
" Indian village, at the east end of the channel of Santa Barbara, 34 13'.
" Point Conception, 34 30'.
" The southern foot of the Sierra de Santa Lucia, 35 45'.
" Its northern extremity at this harbor and Point of Pinos, 36 36'.
" Point Ano Nuevo, which has low reefs of rocks, 36 04\*
" The land near the harbor of San Francisco, the Farrallones bearing
west quarter north, 37 35'.
" Point Reyes, which we discovered on the west northwest from the same
place, supposed to be 37 44'.
" If the commanders of the schooners, either the San Jose or the Principe,
should reach this place within a few days after this date, on learning the
contents of this writing and the distressed condition of this expedition, we
beseech them to follow the coast down closely towards San Diego, so that
if we should be happy enough to catch sight of them, we may be able to
apprize them by signals, flags and firearms of this place in which succor
and provisions may reach us.
" Glory be to God," says the pious old chronicler, " the cross was erected
on a little hillock close to the beach of the small harbor, on the south side
of Pinos, and at its foot we buried the letter." On the other side of the
Point they erected another cross, and carved on its arms with a razor, the
words : "The overland expedition from San Diego returned from this place
on the 9th of December, 1769 starving."
* Probably an error in transcribing. The other latitudes are very nearly correct.
Early History and Settlement of Contra Costa County. 81
Their prayer for succor was, however, in vain ; it never reached those
to whom it was addressed. The schooners, after beating up to the latitude
of Monterey, were compelled to turn back to the Santa Barbara channel,
for want of water, and never reached th*e coveted port. They ultimately
put back to San Diego, which they reached just in season to relieve that
colony from starvation. The land expedition meanwhile prosecuted its
weary march down the coast, encountering sickness, privation, and occasion
ally death, until on the 24th of January, 1770, it reached San Diego, whence
it had started six months and ten days before.
Of the two missions established, those most connected with the Contra
Costa were Santa Clara and San Jose', therefore let us give some account of
their foundation.
In the month of September, 1776, His Excellency the Viceroy of Mexico,
penned a communication to Don Fernando Rivera, the officer commanding
at San Diego, informing him that he had received the intelligence that two
missions had been founded in the vicinity of the Bay of San Francisco, and
as the Commandante had been provided with the military guards for these,
he would be happy to have his report. On the arrival of the dispatch Don
Fernando, without loss of time, made arrangements for visiting the places
designated, and placing the guards which he had retained at San Diego, in
their proper quarters. After a long journey covering many days, he, with
his twelve soldiers, arrived at Monterey, and there learned that only the
Mission of San Francisco (Dolores, founded October 9, 1776) had been
founded. Hence, he started for that place accompanied by Father Tomas
de la Pena who, with another, had been appointed to perform the religious
duties of the expedition. On their journey they came to the spot after
wards occupied by the Santa Clara Mission, and being captivated by its
many charms and advantages, at once resolved there to locate a Mission.
The party then continued their way to San Francisco, where they arrived
on the 26th November. After visiting the presidio, as became a soldier, on
the 30th the Commandante set out for Monterey, and dispatched Father
Joseph Murguia, from the San Carlos Mission, where all the preparations
had been made, accompanied by an escort and proper requirements, to
found the new mission in the Santa Clara Valley, then known by the name
of San Bernardino.
Towards the last days of the year 1776, the soldiers and their families
who were to take part in the establishment of the new mission, arrived at
San Francisco, and on January 6th Padre Pena, the officer in command of
the presidio, the soldiers and their families, took up the line of march in
quest of the chosen spot. Their first duty on reaching their destination
was to erect a cross, which, with all solemnity, was blessed and adored ; on
January 12, 1777 one hundred and five years ago an altar was raised
under its outspread arms, and the first mass ever breathed in the district
82 History of Contra Costa County.
was said by Father Tomas de la Pena. In a few days Father Murguia and
his followers joined them with the necessary paraphernalia for a settlement,
and on January 18, 1777, the formal ceremony took place.
Cannot the reader conjure up the picture we have so faintly outlined ?
Cannot he now see before him the devotional piety of the Holy Father To
mas, the respectful quiet of his followers, and the amazed gaze of the abo
riginals ; with what care the sacred emblem of the Cross is raised ; with
what reverential caution the building of the altar, sheltered as it is, is
effected ? No sound is heard save prayerful utterances, mayhap broken by
grunts of astonishment from the bewildered natives who stand closely ob
serving the holy work from a respectful distance. The names of Father
Pena and Murguia must ever be held in welcome recognition of the part
they took, far from society and kinsfolk, in founding a mission which has
become a landmark for all time, in a valley where it would seem as if the
Divine Hand had put forth its utmost skill to produce the fairest scene
under the blue canopy of Heaven.
About seven years after the events above noted had taken place the
holy Father Junipero Serra, President of the Missions of California, feeling
that old age was fast overtaking him, as well as having some spare time,
determined to visit some of the missions, to hold his last confirmations, and,
having been invited to dedicate that of Santa Clara, also to perform that
ceremony. About the first of May he visited the selected spot, and on the
4th continued his weary journey to San Francisco, accompanied by that
devoted fellow-countryman Father Palou, a brother Franciscan Monk, a
co-voyager to these shores, and afterwards his biographer, preferring to
make his confirmations on his return. He had tarried in San Francisco
but a few days when the distressing news of the illness of Father Murguia
was received ; he thereupon dispatched Father Palou to Santa Clara, who
found Murguia sick of a low fever. Unhappily this worthy man never
rallied, and on May 11, 1784, his soul took its flight, while naught was left
to his followers but the consolation that
"Death's but a path that must be trod,
If man would ever pass to God."
The funeral took place, but the venerable Junipero was too enfeebled to
attend ; he, however, accompanied Don Pedro Fages, the Governor of the
territory, to the dedicatory services of the mission, arriving on the 15th.
On the meeting of the two Fathers their hearts were too full to speak ; with
eyes suffused in tears, they grasped each others hands, and finally in a silent
embrace, each sent aloft a prayer to Him who had seen fit in His wisdom
to take away their revered brother.
Of the life and death of Junipero Serra, much has been written ; for the
information of the reader, however, let us refer him to the subjoined paper
which lately appeared in the San Francisco Chronicle, over the caption
N. V. S":
Early History and Settlement of Contra Costa County. 83
MONTEREY, February 4, 1882.
In the hasty, anxious life which most Americans lead, it is generally
supposed that there is little room or even desire for that pursuit to which
so many residents of the Old World devote their lives, and that not from
the hope of reward, but from pure love of it. I refer to the love of anti
quities that searching into the memories of the past which seems to have
so powerful a charm for some minds. It is difficult to divine a reason for
this, unless it be that the sight of relics of a former time excite the imagina
tion to a train of thought so agreeably romantic that we are impelled again
and again to seek the excitant, as the opium-eater returns to his drug. At
any rate, the feeling exists and is latent in American breasts, only we
have nothing for it to feed upon. I say nothing, but to-night I remembered
that we have something when my eyes were attracted by the brilliant
moonlight of Monterey striking full upon the white cross which marks the
place where Father Junipero Serra first landed. The memory of a good
man, who gave the labor of a long life solely to improve the state of his
fellows certainly is sufficient to give to the finding of his bones a deep in
terest. Father Casanova, the present pastor of Monterey, is full of grati
fication with the result of his researches, and has kindly given some of the
details of the discoveries.
The ancient records of the old Carmel Church were brought forth for
our wondering eyes to gaze upon. They are, of course, yellow with age,
and filled partly with the handwriting of Junipero himself, his signature
standing out firm and clear, as if written but yesterday. These records
contain quite an extended account of his death and burial, together with a
description of the exact spot of interment. By means of this description
Father Casanova was enabled to locate the grave of Junipero beyond a
doubt, and thus made his recent discovery. The following is the passage
referred to as translated :
Very Rev. Father Junipero Serra, D. D., President of all the Missions,
died on the 29th of August, 1784, at the age of seventy-one years, and is
buried in the sanctuary, fronting the altar of Our Lady of Seven Dolors,
on the Gospel side.
There remained nothing but to face the altar of " Our Lady of Seven
Dolors " in the sanctuary, and then commence digging next the altar on
the Gospel side. That is what the workmen did, and their spades soon
struck upon the stones covering the grave. Father Casanova produced a
diagram illustrating the manner of formation of the grave and the condi
tion in which it was found. Originally the floor of the church was com
posed of brick tiles. Tourists visiting the church admire these tiles so
greatly that they even go to the trouble to dig them up, break them to
pieces and carry away bits of them. In this connection he also stated that
one visitor even went so far as to take his penknife and cut from the can-
84 History of Contra Costa County.
vas a bouquet which was carried in the hand of a saint in one of the old
paintings. This picture was much valued for its age and the association
connected with it by the Padre and the parish ; but such considerations are
as nothing to the hard heart of one in whom the love of antiquities has
taken such an evil turn.
As was said before, the floor of the church was composed of tiles. The
graves were apparently constructed with great care, being plastered and
hard-finished inside as neatly as the wall of a house. The coffin was lowered
into this plastered opening, and then large slabs of stone were fitted carefully
over it, in such a manner that they were exactly level with the tiles form
ing the floor of the church. The tiles had gradually become covered with
a layer of debris, which it was the first task of the workmen to remove.
Upon reaching the slabs of stone covering the grave of Father Junipero it
was found that the three covering the upper part of the grave were intact,
but that those over the lower part had for some reason given way, so that
about one-half of the coffin had been exposed to decay. The skull and ribs
were found within, however, excellently well preserved, considering the
time that they have lain there. Clinging to the ribs were found consider
able portions of the stole of violet silk, and its trimming of silver fringe,
both blackened and crumbling with age. Upon being asked if he intends
to pursue his investigations further, the Padre replied that he will certainly
do so. In fact he has already reached the graves of two other priests, and
also of two of the old Mexican Governors of California, who were buried,
it seems, in the same part of the church, but on the opposite side of the
altar. In the discovery of these he again went by the records, which pointed
them out quite accurately.
The Padre says he intends to continue this search for these hallowed
graves until he uncovers the whole of them, both of the Mission Fathers
and of the Mexican Governors. As a large number are buried there, and
as the work is prosecuted with care, it will probably be some time before
a completion is reached. It is then the Padre's intention to have them
properly replaced in the graves, the slabs of stone carefully arranged as they
were originally, those wanting restored, and then to have each grave marked,
so that in future they may be pointed out to visitors, with some account of
the occupant of each. The Padre gave no hint of any such wish, but the
thought crossed the mind of the correspondent that it would show good
taste and feeling in the many wealthy Catholics who are doubtless to be
found in California, if they would unite in the erection of a monument over
the remains, worthy of the pioneer of their religion in California. The
people of Monterey would gladly do this, but no doubt the lack of means
prevents it. Junipero Serra was the founder of every Mission in Califor
nia twenty-one in all. His history, briefly recounted by his friend and
fellow-student, Francisco Palou, in language, whose very simplicity bears
Early History and Settlement of Contra Costa County. 85
witness to its veracity, is such a one that every heart capable of apprecia
tion of the unselfish and noble in character must be filled with the deepest
admiration by it. Protestants as well as Catholics must give honor to a
man to whom it is so unmistakably due. According to a Catholic custom,
a record of all deaths in Monterey and the Carmel Mission was kept by
Junipero himself from the year 1770 up to the time of his death, in 1784.
Each was written in a strong, bold hand, with the signature "Fr. Junipero
Serra" at the end. Upon his death this record was continued by his suc
cessors. He made his last entry on the 30th of July. On the 29th of
August Fr. Francisco Palou entered upon the record the fact of his death,
the narrative of his life and circumstances of his death.
According to this account Serra was born in the Province of Majorca,
in Old Spain. He was a man of thorough education and unusual accom
plishments. Before coming to California he had enjoyed the honors of high
position both in Spain and Mexico. When only a little over nineteen years
of age, he put on the dress of the Order of San Francisco. He was a gradu
ate of the schools of theology and philosophy, and was given the professor
ship of each in a royal university. These positions he filled in the most
highly honorable manner. At this time he was in the receipt of large
revenues and had good prospects for advancement to almost any position
that he might care to aspire to. But wordly ambition of this kind had no
place in his soul. Brilliant prospects, a life of luxury, associations which
were doubtless pleasant to a man of his culture all this he chose to leave
behind him for the purpose of entering upon a life of danger, toil and pri
vation, for which he could only expect a reward after death. Perhaps even
the hope of that reward influenced him less than the simple consciousness
of duty. His first step was to resign his professorship. He then joined
the College of Foreign Missions in Cadiz, probably because there he could
obtain the most authentic information for the purpose which he had in
view. In 1749 he embarked at Cadiz for Mexico. The voyage occupied
the tedious period of nearly a year long enough to have cooled the zeal of
a less earnest man. He arrived in Mexico, January 1, 1750, with interest
in his work unabated. At that time there were many missionary societies
in Mexico, and Junipero was sent by them to prosecute the work in various
directions, in each case exhibiting the same wonderful earnestness and pe
culiar adaptation to such a life. It was probably to this power which he
possessed of throwing his whole soul into his labors that his success was
mainly due. In Mexico he gained the friendship and close confidence of
the Viceroy, and took position among the highest in the Church.
In 1767 he was appointed by the General of the Catholic establishments
in New Spain to the presidency of the fifteen Missions in Lower California,
then under management of the Jesuits. He crossed the gulf and made his
headquarters at Loreto. From that place he was constantly going out upon
86 History of Contra Costa County.
visits to the other Missions, inspiring each with his own zeal. But even
then he did not think his life sufficiently occupied nor his duty accomplished.
He was constantly tormented by thoughts of the thousands of unfortunate
creatures still in a savage state whom he knew to inhabit the great unknown
region extending to the north. He had the true pioneer spirit forever urg
ing him on, and he soon formed the resolution to embark for what was then
a distant land. Not much was then known of California, but Serra had
seen charts describing the Bays of San Diego and Monterey. In 1769 he
left Loreto in company with an exploring party going north in search of
these two points. He stopped on the way at a point on the coast near the
frontier of Lower California, and founded the Mission of San Fernando de
Bellicota. The next stopping-place was the port of San Diego, where he
remained long enough to found the Mission. During his stay at this place
the exploring party went on, but returned the next year, having failed to
discover the Bay of Monterey. In 1770 Serra again set out to find this
bay, sending a party by land at the same time. As usual with most of his
undertakings, the search was successful. Having landed at the spot so
often mentioned in the descriptions of Monterey, and having taken formal
possession of the country in the name of the King of Spain, Serra began
the working out of the plan so long in his mind.
He first founded the Mission of San Carlos de Monterey, which always
remained the central point of his operations. With this as his headquarters,
he went out from time to time into various parts of the country, and one
by one established and encouraged into a flourishing condition all the other
Missions of California. As before stated, they were twenty-one in all.
Taking into consideration the very small number of white men who assisted
him in these labors, the rapidity of his success was something remarkable 4
There is no doubt that it is to be ascribed to the kindness, gentleness and
ever-enduring patience which he invariably exhibited toward the Indians.
In the construction of the churches, for instance, upon which we look with
so much astonishment when told that they were built by the traditionally
lazy Indian, it is very likely that he employed large numbers upon the
work, in order that it should not bear too heavily upon individuals. He
certainly employed methods of great wisdom in the management of these
ignorant creatures, and could he have been endowed with a miraculous life
of several hundred years, might well have given the lie to the oft-repeated
complaints of Americans, that it is impossible to civilize the Indians. But
it is too late now for us to study his methods. Only a handful of Indians
remain to meet yearly on the day of San Carlos and raise their quavering
chant over the grave of Junipero. As a natural result of his treatment of
them, the Indians came to look upon Serra almost with adoration. They
loved him for his gentleness, they respected him for his firmness, and they
admired him for his ability. But every life, however valuable, must finally
Early History and Settlement of Contra Costa County. 87
draw to a close, and in August, 1784, Junipero felt that his end was ap
proaching. On the morning of the 27th, being very ill, he began to prepare
for death.
He first confessed himself to his friend, Francisco Palou, and went
through the ceremonies of the dying. Then, ill and suffering as he was, he
went on foot to the church to receive the sacrament. The building was
crowded with both whites and Indians, drawn thither by a common grief.
At the beginning of the ceremony the hymn ' Tantum Ergo ' was sung,
and according to the record Junipero himself joined in the singing with a
" high, strong voice." We can easily realize that the congregation became so
much affected upon hearing him sing his own death chant that they were
unable to sing more, and, choking with emotion, sat listening, while the
dying man's voice finished it alone. He then received the sacrament upon
his knees, and recited thanks, according to the ritual, in a distinct voice.
This ceremony over he returned to his cell, but did not lie down or take off
any of his clothing. In the night he asked Palou to administer holy unction
to him and join with him in the recital of the penitential psalms and lit
anies. The remainder of the night he passed in giving thanks to God,
sometimes kneeling and sometimes sitting upon the floor. Early the next
morning he asked Palou to give him plenary indulgence, and once more con
fessed himself. Shortly afterwards the Captain and the Chaplain of a
Spanish vessel which was then in the harbor came in. Serra received them in
his usual manner, when in health, cordially, and embracing the Chaplain with
warmth. He thanked God that these visitors from afar, who had traversed
so much of land and sea, had come in time to throw a little dirt on his
body. Conversing with Palou, he expressed some anxiety and asked him
to read the recommendation of the soul.
He then said that he felt comforted, and thanked God that he had no
fear. After a time he asked for a little broth, and was supported into the
kitchen, where he sat down and drank a little. He was assisted to his bed>
and no sooner touched it than he fell back in death. Having been for some
time expecting his end, he had ordered his own coffin to be made by the
carpenter of the Mission. This was now brought out, and the body placed
in it without changing the clothing. It was then carried to the church to
await burial. The church bell notified the people of the event, and all
gathered within for a last look at the dead face of their beloved friend and
benefactor. They gathered closely around the coffin and attempted to
secure pieces of his clothing to preserve as sacred relics. They were with
difficulty prevented from doing this by the promise that a certain tunic,
which he had been in the habit of wearing in life, should be divided among
them. A guard was placed over the body, but notwithstanding the close
watch which was kept, some part of the vestment was taken away in the
night. The funeral ceremonies were conducted with great state, people
History of Contra Costa County.
coming from every direction to take part in it. The solemn tolling of the
church bells and the firing of salutes by the vessel in the harbor, added to
the impressiveness of the occasion. Such is the account of the life, death
and burial of Junipero Serra, as written in the records by his friend Fran
cisco Palou, without comment or exaggeration. And now those bones, so
solemnly laid to rest on that day, are once more brought forth to the light,
in order that the memory of such a character may not be entirely forgotten.
Let us for a moment take a cursory glance at the mode of construction
of these establishments. Father Gleeson tells us, in his able and valuable
" History of the Catholic Church in California," that the Missions were usually
quadrilateral buildings, two stories high, inclosing a court-yard ornamented
with fountains and trees. The whole consisting of the church, Father's
apartments, store-houses, barracks, etc. The quadrilateral sides were each
about six hundred feet in length, one of which was partly occupied by the
church. Within the quadrangle, and corresponding with the second story,
was a gallery running round the entire structure, and opening upon the
workshops, store-rooms and other apartments.
The entire management of each establishment was under the care of two
Religious ; the elder attended to the interior and the younger to the exterior
administration. One portion of the building which was called the Monastery,
was inhabited by young Indian girls. There, under the care of approved
matrons, they were carefully trained and instructed in those branches neces
sary for their condition in life. They were not permitted to leave till of an
age to be married, and this with a view of preserving their morality. In
the schools, those who exhibited more talent than their companions, were
taught vocal and instrumental music, the latter consisting of the flute, horn
and violin. In the mechanical departments, too, the most apt were promoted
to the position of foremen. The better to preserve the morals of all, none
of the whites, except those absolutely necessary, were employed at the
Missions.
The daily routine at each establishment was almost the same as that
followed by the Jesuits in Lower California. At sunrise they arose and
proceeded to church, where, after morning prayer, they assisted at the holy
sacrifice of the mass. Breakfast next followed, when they proceeded to
their respective employments. Toward noon they returned to the Mission,
and spent the time from then till two o'clock between dinner and repose,
after which they again repaired to their work, and remained engaged till
the evening angelus, about an hour before sundown. All then betook them
selves to the church for evening devotions, which consisted of the ordinary
family prayers and the rosary, except on special occasions, when other de
votional exercises were added. After supper, which immediately followed,
they amused themselves in divers sports, games and dancing, till the hour
for repose. Their diet, of which the poor of any country might be justly
sr
Early History and Settlement of Contra Costa County. 89
envious, consisted of an abundance of excellent beef and mutton, with
vegetables in the season. Wheaten cakes and puddings, or porridges, called
" atole and pinole," also formed a portion of the repast. The dress was, for
the males, linen shirts, pants, and a blanket to be used as an overcoat. The
women received each, annually, two undergarments, a gown, and a blanket.
In years of plenty, after the Missions became rich, the Fathers distributed
all the surplus moneys among them in clothing and trinkets. Such was the
general character of the early Missions established in Upper California.
We will now turn for a moment to the Mission of San Josd This was
established June 11, 1798, while Diego de Barica was the Governor of Cali
fornia. The site chosen was ten miles to the north of the Pueblo de San
Jose and forty to the east of San Francisco, on a plateau indenting the
Contra Costa Range, and facing the southern extremity of the Bay of San
Francisco. Behind it were the beautiful Calaveras and Sunol valleys.
Mission Peak arose immediately in its rear like a giant sentinel indexing its
location, while in its vicinity, nature had abundantly supplied every want.
Here was a pellucid stream of sweetest water perennially running from
never-failing springs ; here, too, were the paramount advantages of climate ;
wood was abundant; pasturage was luxuriant ; killing frosts were unknown;
an embarcadero was not far distant; and within an hour's walk were warm
springs, possessed of potent healing qualities. What more was needed ?
They who had charge of the founding of Mission San Jose' were Friars
Ysidro Barcilano and Augustine Merin. At first the chapel was a small
adobe edifice, which was extended seven varas in the second year of its
existence. A wall forty-seven varas long, five high and six wide, thatched
with tules, was constructed, water flumes laid, and being in the presidial
jurisdiction of San Francisco, soldiers were sent from there to keep guard
over it and to bring the natives in for education.
What was the State of the Missions in the early part of the present
century ? We shall see. In the year 1767 the property possessed by the
Jesuits then known as the Pious Fund, was taken charge of by the Govern
ment, and used for the benefit of the Missions. At that time this possession
yielded an annual revenue of fifty thousand dollars, twenty-four thousand
of which were expended in the stipends of the Franciscan and Dominican
Missionaries, and the balance for the maintenance of the Missions generally.
Father Gleeson says: "The first inroad made on these pious donations was
about the year 1806, when to relieve the natural wants of the parent
country, caused by the wars of 1801 and 1804, between Portugal in the one
instance and Great Britain in the other, His Majesty's fiscal at Mexico
scrupled not to confiscate and remit to the authorities in Spain, as much as
two hundred thousand dollars of the Pious Fund." By this means the Mis
sions were deprived of most substantial aid, and the Fathers left upon their
own resources ; add to these difficulties the unsettled state of the country
90 History of Contra Costa County.
between the years 1811 and 1831, and still their work was never stayed, to
demonstrate which let us here state that between the years 1802 and 1822,
in all of the eighteen Missions which then existed in Upper California, there
were baptized seventy-four thousand six hundred and twenty-one Indians ;
twenty thousand four hundred and twelve were married; forty-seven
thousand nine hundred and twenty-Jive had died ; and there were twenty
thousand nine hundred and fifty-eight existing. No fewer than six thou
sand five hundred and sixty -five had succumbed at Santa Clara, and two
thousand nine hundred and thirty-three at Mission San Jose' the greater
number to disease.
Of what nature was this plague it is hard to establish ; the missionaries
themselves could assign no cause, syphilis, measles, and small-pox carried
off numbers, and these diseases were generated, in all probability, by a
sudden change in their lives from a free, wandering existence, to a state of
settled quietude.
Father Gleeson further informs us : " In 1813, when the contest for
national independence was being waged on Mexican territory, the Cortes
of Spain resolved upon dispensing with the services of the Fathers by
placing the missions in the hands of the secular clergy. The professed ob
ject of this secularization scheme was, indeed, the welfare of the Indians and
colonists; but how little this accorded with the real intentions of the
Government, is seen from the seventh section of the decree by the Cortes,
wherein is stated that one-half of the land was to be hypothecated for the pay
ment of the National Debt. The decree ordering this, commences : The Cortes,
general and extraordinary, considering that the reduction of common land to
private property is one of the measures most imperiously demanded for the
welfare of the pueblos, and the improvement of agriculture and industry,
and wishing at the same time to derive from this class of land aid to re
lieve the public necessities, a reward to the worthy defenders of the country
and relief to the citizens not proprietors, decree, etc., without prejudice
to the foregoing provisions, one-half of the vacant land and lands belonging
to the royal patrimony of the monarchy, except the suburbs of the pueblos,
is hereby reserved, to be in whole, or in part, as may be deemed necessary,
hypothecated for the payment of the National Debt, etc.
" This decree of the Government was not carried out at the time, yet it
had its effect on the state and well-being of the missions in general. It
could not be expected that with such a resolution under their eyes, the
Fathers would be as zealous in developing the natural resources of the
country as before, seeing that the result of their labors was at any moment
liable to be seized on by the Government, and handed over to strangers.
The insecurity thus created naturally acted upon the converts in turn, for
when it became apparent that the authority of the missionaries was more
nominal than real, a spirit of opposition and independence on the part of
Early History and Settlement of Contra Costa County. 91
some of the people was the natural result. Even before this determination
had been come to on the part of the Government, there were not wanting
evidences of an evil disposition on the part of the people ; for as early as
1803 one of the missions had become the scene of a revolt ; and earlier still,
as we learn from an unpublished correspondence of the Fathers, it was not
unusual for some of the converts to abandon the missions and return to
their former wandering life. It was customary on those occasions to pur
sue the deserters, and compel them to return.
" Meantime, the internal state of the Missions was becoming more and
more complex and disordered. The desertions were more frequent and
numerous, the hostility of the unconverted more daring, and the general
disposition of the people inclined to revolt. American traders and free
booters had entered the country, spread themselves all over the province,
and sowed the seeds of discord and revolt among the inhabitants. Many
of the more reckless and evil-minded readily listened to their suggestions,
adopted their counsels, and broke out into open hostilities. Their hostile
attack was first directed against the Mission of Santa Cruz, which they
captured and plundered, when they directed their course to Monterey, and,
in common with their American friends, attacked and plundered that place.
From these and other like occurrences, it was clear that the condition of the
Missions was one of the greatest peril. The spirit of discord had spread
among the people, hostility to the authority of the Fathers had become
common, while desertion from the villages was of frequent and almost con
stant occurrence. To remedy this unpleasant state of affairs, the military
then in the country was entirely inadequate, and so matters continued, with
little or no difference, till 1824, when, by the action of the Mexican Gov
ernment, the Missions began rapidly to decline.
" Two years after Mexico had been formed into a Republic, the Govern
ment authorities began to interfere with the rights of the Fathers and the
existing state of affairs. In 1826 instructions were forwarded by the
Federal Government to the authorities of California for the liberation of
the Indians. This was followed, a few years later, by another act of the
Legislature, ordering the whole of the Missions to be secularized and the
Religious to withdraw. The ostensible object assigned by the authors of
the measure was the execution of the original plan formed by Government!
The Missions, it was alleged, were never intended to be permanent estab
lishments ; they were to give way, in the course of some years, to the regu
lar ecclesiastical system, when the people would be formed into parishes,
attended by a secular clergy." *
" Beneath these specious pretexts," says Dwinelle, in his Colonial Histo
ry, " was undoubtedly a perfect understanding between the Government at
Mexico and the leading men in California, and in such a condition of things
the Supreme Government might absorb the Pious Fund, under the pretense
92 History of Contra Costa County.
that it was no longer necessary for missionary purposes, and thus had re
verted to the State as a quasi escheat, while the co-actors in California
should appropriate the local wealth of the Missions, by the rapid and sure
process of administering the temporalities." And again : " These laws
(the secularization laws), whose ostensible purpose was to convert the
missionary establishments into Indian pueblos, their churches into parish
churches, and to elevate the christianized Indians to the rank of citizens,
were, after all, executed in such a manner that the so-called secularization
of the Missions resulted only in their plunder and complete ruin, and in
the demoralization and dispersion of the Christianized Indians."
Immediately on the receipt of the decree, the then acting Governor of
California, Don Jose' Figueroa, commenced the carrying out of its provisions,
to which end he prepared certain provisional rules, and in accordance there
with the alteration in the missionary system was begun, to be immediately
followed by the absolute ruin of both missions and country. Within
very few years the exertions of the Fathers were entirely destroyed ; the
lands, which hitherto had teemed with abundance, were handed over to the
Indians, to be by them neglected and permitted to return to their primitive
wildness, and the thousands of cattle were divided among the people ane
the administrators for the personal benefit of either.
Let us now briefly follow Father Gleeson in his contrast of the state of
the people before and after secularization. He says : " It has been statec
already that in 1822 the entire number of Indians then inhabiting the dif
ferent Missions amounted to twenty thousand and upwards. To these
others were being constantly added, even during those years of politics
strife which immediately preceded the independence of Mexico, until, ii
1836, the number amounted to thirty thousand and more. Provided witl
all the necessary comforts of life, instructed in everything requisite for their
state in society, and devoutly trained in the duties and requirements of
religion, these thirty thousand Calif ornian converts led a peaceful, happy,
contented life, strangers to those cares, troubles and anxieties common
higher and more civilized conditions of life. At the same time that theii
religious condition was one of thankfulness and grateful satisfaction to the
D c^
Fathers, their worldly position was one of unrivaled abundance and pros
perity. Divided between the different Missions from St. Lucas to Ss
Francisco, close upon one million of live-stock belonged to the people. Of
these, four hundred thousand were horned cattle, sixty .thousand horses, anc
more than three hundred thousand sheep, goats and swine. The unitec
annual return of the cereals, consisting of wheat, maize, beans, and the like
was upwards of one hundred and twenty thousand bushels ; while, at the
same time, throughout the different Missions, the preparation and manu
facture of soap, leather, wine, brandy, hides, wool, oil, cotton, hemp, linen,
tobacco, salt and soda, were largely and extensively cultivated. And
Early History and Settlement of Contra Costa County. 93
such perfection were these articles brought, that some of them were eagerly
sought for and purchased in the principal cities in Europe.
" The material prosperity of the country was further increased by an
annual revenue of about one million of dollars, the net proceeds of the hide
and tallow of one hundred thousand oxen slaughtered annually at the dif
ferent Missions. Another hundred thousand were slaughtered by the set
tlers for their own private advantage. The revenues on the articles of
which there are no specific returns, are also supposed to have averaged
another million dollars, which, when added to the foregoing, makes the
annual revenue of the California Catholic Missions, at the time of their
supremacy, between two and three million dollars. Independent of these,
there were the rich and extensive gardens and orchards attached to the
Missions, exquisitely ornamented and enriched, in many instances, with a
great variety of European and tropical fruit trees, plums, bananas, oranges,
olives and figs, added to which were -the numerous and fertile vineyards,
rivaling in the quantity and quality of the grape those of the old countries
of Europe, and all used for the comfort and maintenance of the natives.
In a word, the happy results, both spiritual and temporal, produced in Up
per California by the spiritual children of St. Francis, during the sixty
years of their missionary career, were such as have rarely been equaled and
never surpassed in modern times. In a country naturally salubrious, and
it must be admited fertile beyond many parts of the world, yet presenting
at the outset numerous obstacles to the labors of the missionary, the Fathers
succeeded in establishing, at regular distances along the coast, as many as
one-and-twenty missionary establishments. Into these holy retreats their
zeal and ability enabled them to gather the whole of the indigenous race,
with the exception of a few wandering tribes, who, it is only reasonable to
suppose, would also have followed the example of their brethren, had not
the labors of the Fathers been dispensed with by the civil authorities.
There, in those peaceful, happy abodes, abounding in more than the ordinary
enjoyment of things spiritual and temporal, thirty thousand faithful, simple-
hearted Indians passed their days in the practice of virtue and the improve
ment of their country, from a wandering, savage, uncultivated race, uncon
scious as well of the God who created them as the end for which they were
made, they became, after the advent of the Fathers, a civilized, domestic,
Christian people, whose morals were as pure as their minds were simple.
Daily attendance at the holy sacrifice of the mass, morning and night
prayer, confession and communion at stated times the true worship, in a
word, of the Deity, succeeded the listless, aimless life, the rude pagan games,
and the illicit amours. The plains and valleys, which for centuries lay un
cultivated and unproductive, now teemed under an abundance of every
species of corn ; the hills and plains were covered with stock ; the fig tree,
the olive and the vine yielded their rich abundance, while lying in the har-
94 History of Contra Costa County.
bors, waiting to carry to foreign markets the rich products of the country,
might be seen numerous vessels from different parts of the world. Such
was the happy and prosperous condition of the country under the mission
ary rule ; and with this the reader is requested to contrast the condition of
the people after the removal of the Religious, and the transfer of power to
the secular authorities.
" In 1833 the decree for the liberation of the Indians was passed by the
Mexican Congress, and put in force in the following year. The dispersion
and demoralization of the people was the immediate result. Within eight
years after the execution of the decree, the number of Christians diminished
from thirty thousand six hundred and fifty to four thousand four hundred
and fifty ! Some of the Missions, which in 1834 had as many as one
thousand five hundred souls, numbered only a few hundred in 1842. The
two Missions of San Rafael and San Francisco Solano (Sonoma) decreased
respectively within this period from One thousand two hundred and fifty,
and one thousand three hundred, to twenty and seventy ! A like diminution
was observed in the cattle and general products of the country. Of the eight
hundred and eight thousand head of live-stock belonging to the Missions at
the date above mentioned, only sixty-three thousand and twenty remained
in 1842. The diminution in the cereals was equally striking ; it fell from
seventy to four thousand hectolitres. * * * By descending to particular
instances this (the advantage of the Religious over the civil administration)
will become even more manifest still. At one period during the supremacy
of the Fathers, the principal Mission of the country (San Diego) produced
as much as six thousand fanegas of wheat, and an equal quantity of maize,
but in 1842 the return for this Mission was only eighteen hundred fanegas
in all."
That the Fathers who had charge of the Missions in Upper California,
before the advent of the Americans, paid strict attention to the duty of
Christianizing the native race, is evidenced by documents still in existence.
The following report and order, dated Monterey, May 6, 1804, addressed to
the Commissioner of the Village of Branciforte, though belonging to the
chronicles of another county, is now produced to exemplify the stringency
with which religious observances were carried out :
" In accordance with the rules made by the Governor, requiring a
monthly report from the Commissioner of Branciforte, showing who of the
colonists and residents do or do not comply with their religious duties, the
official report for the month of April, 1804, certified by the reverend minis
ter, has reached its destination. The Indian, Toribio, at some time past was
derelict, but now has been brought to a proper sense of the requirements
of a Christian era, and is absolved from further stricture upon his failures,
and the reverend Fathers are to be so notified. The rebellious Ignacio
Acedo, for failure to comport himself outwardly as a devotee, is to be ar-
Early History and Settlement of Contra Costa County. 95
rested and turned over to the Church authorities, where flagellation and
confinement in the stocks will cause him to pay a proper respect, and to be
obedient to the precepts and commandments of the church, of which he has
been a contumacious member. The Governor is to be informed of the punish
ment to which Acedo will be sentenced ; and requires the information in
writing, that it may be used by him, if he requires it, as an example of
what those under his command may expect should they fail in the observ
ance of the requirements of the Church."
Then follows Government Order No. 29, signed by Josd M. Estudillo,
Secretary of Jose" J. de Arrillaga, Military Commander of Alta California,
and which is to this effect:
" I am in receipt of the list, certified by the reverend minister of the
Mission of Santa Cruz, of those who have observed the rules of religion,
in having confessed and received the sacrament. The Indian, Toribio, has
complied herewith, having done both, and I will send word to such effect
to the Fathers. You will cause Ignacio Acedo to be arrested, and notify
the reverend Fathers when you have done so, that they may do with him
as they think proper, and inform me what the pastors of the church do to
its members who fail to conform to the precepts of the holy religion, and
have the reverend Fathers put it in writing. May God protect you many
years."
In its early day the whole military force in Upper California did not
number more than from two to three hundred men, divided between the
four presidios of San Diego, Santa Barbara, Monterey and San Francisco,
while there were but two towns or pueblos, Los Angeles and San Jose', the
latter of which was established, November 29, 1777. Another was subse
quently started in the neighborhood of Santa Cruz, which was named
Branciforte, after a Spanish Viceroy. It may be conjectured that the
garrisons were not maintained in a very effective condition. Such a suppo
sition would be correct, for everywhere betokened the disuse of arms, and
the long absence of an enemy. The cannon of the presidio at San Francisco
were grey with mould, and women and children were to be seen snugly
located within the military lines. The soldiers of the San Francisco dis
trict were divided into three cantonments one at the presidio, one at
Santa Clara mission, and one at Mission San Josd We here append a list
of the soldiers connected with the presidio in the year 1790, which has been
copied from the Spanish archives in San Francisco. Here will be found
the names, positions, nativity, color, race, age, etc., of the soldiers, as well
as those of their wives, when married :
Don Josef Arguello, Commandante, age 39.
Don Ramon Laro de la Neda, Alferez de Campo, age 34.
Pedro Amador, Sergeant. Spaniard from Guadalaxara, age 51 ; wife,
Ramona Noriega, Spanish, aged 30 ; seven children.
96 History of Contra Costa County.
Nicolas Galindo, mestizo, Durango, 42.
Majio Chavoya, City of Mexico, 34 ; wife, a Bernal.
Miguel Pacheco, 36 ; wife, a Sanchez.
Luis Maria Peralta, Spaniard, Sonora, 32 ; wife, Maria Loretta Alviso, 19.
Justa Altamarino, mulatto, Sonora, 45.
Ygnacio Limaxes, Sonora, 49 ; wife, Maria Gertruda Rivas, Spaniard, 38.
Ygnacio Soto, 41 ; wife, Barbara Espinoza.
Juan Bernal, mestizo, Sonora, 53 ; wife, Maxima I de Soto.
Jph. Maria Martinez, Sonora, 35 ; wife, Maria Garcia, mulatto, 18.
Salvador Iguera, L. C., 38; wife, Alexa Marinda, Sonora, 38.
Nicolas Berryessa, mestizo, 25; wife Maria Gertrudis Peralta, 24.
Pedro Peralta, Sonora, 26 : wife, Maria Carmen Grisalva, 19.
Ygnacio Pacheco, Sonora, 30 ; wife, Maria Dolores Cantua, mestizo, age 16.
Francisco Bernal, Sinaloa, 27 ; wife, Maria Petrona, Indian, 29.
Bartolo Pacheco, Sonora, 25 ; wife, Maria Francisco Soto, 18.
Apolinario Bernal, Sonora, 25.
Joaquin Bernal, Sonora, 28 ; wife, Josefa Sanchez, 21.
Josef Aceva, Durango, 26.
Manuel Boranda, Guadalaxara, 40 ; wife, Gertrudis Higuera, 13.
Francisco Valencia, Sonora, 22 ; wife, Maria Victoria Higuera, 15.
Josef Antonio Sanchez, Guadalaxara, 39 ; wife, Maria Dolora Moxales, 34-
Josef Ortez, Guadalaxara, 23.
Josef Aguil, Guadalaxara, 22 ; wife, Conellaria Remixa, 14.
Alexandro Avisto, Durango, 23.
Juan Josef Higuera, Sonora, 20.
Francisco Flores, Guadalaxara, 20.
Josef Maria Castilla, Guadalaxara, 19.
Ygnacio Higuera, Sonora ; wife, Maria Micaelo Borjorques, 28.
Ramon Linare, Sonora, 19.
Josef Miguel, Saens, Sonora, 18.
Carto Serviente, San Diego, Indian, 60.
Augustin Xirviento, L. C., 20.
Nicolas Presidairo, Indian, 40.
Gabriel Peralta, invalid, Sonora.
Manuel Vutron, invalid, Indian.
Ramon Borjorques, invalid, 98.
Francisco Romero, invalid, 52.
A recapitulation shows that the inmates of the presidio consisted alto
gether of one hundred and forty-four persons, including men, women and
children, soldiers and civilians. There were thirty-eight soldiers and three
laborers. Of these one was a European other than Spanish, seventy-
eight Spaniards, five Indians, two mulattos, and forty-four of other castes.
An inventory of the rich men of the Presidio, bearing date 1793, was dis-
Early History and Settlement of Contra Costa County. 97
covered some years since, showing that Pedro Amador was the proprietor
of thirteen head of stock and fifty-two sheep ; Nicolas Galindo, ten head of
stock ; Luis Peralta, two head of stock ; Manuel Boranda, three head of
stock ; Juan Bernal, twenty three head of stock and two hundred and forty-
six sheep ; Salvador Youere, three head of stock ; Aleso Miranda, fifteen
head of stock ; Pedro Peralta, two head of stock ; Francisco Bernal, sixteen
head of stock ; Bartol Pacheco, seven head of stock ; Joaquin Bernal, eight
head of stock ; Francisco Valencia, two head of stock ; Berancia Galindo,
six head of stock ; Hermenes Sal (who appears to have been a secretary, or
something besides a soldier), five head of stock and three mares. Comput
ing these, we find the total amount of stock owned by these men was one
hundred and fifteen cattle, two hundred and ninety-eight sheep, and seven
teen mares the parent stem from which sprung the hundreds of thousands
of head of stock which afterwards roamed over the Calii'ornian mountains
and valleys.
We have thus far dwelt chiefly upon the establishment of the Missions;
let us now briefly take into consideration the attempt made by another
European nation to get a foothold on the coast of California.
The Eussians, to whom then belonged all that territory now known as
Alaska, had found their country of almost perpetual cold, without facilities
for the cultivation of those fruits and cereals which go a great way towards
maintaining life ; therefore ships were dispatched along the coast in quest
of a spot where a station might be established, and those wants supplied.
In a voyage of this nature, the port of Bodega, in Sonoma County, was
visited in January, 1811, by Alexander Koskoff, who took possession of
the place on the fragile pleas that he had been refused a supply of water
at Yerba Buena (San Francisco), and that he had obtained, by right of
; purchase from the Indians, the land lying between Point Keyes, and Point
Arena (Mendocino County), and for a distance of three leagues inland.
' Here he remained for a while, and to Bodega gave the name of Romanzoff,
calling the stream now known as Russian River, Slavianka.
The King of Spain, it should be remembered, claimed all territory north
to Fuca Straits ; therefore, on Governor Arguello receiving the intelligence
of the Russian occupation of Bodega, he reported the circumstance to the
Viceroy, Revilla Gigedo, who returned dispatches ordering the Muscovite
intruder to depart. The only answer received to this communication was
a verbal message, saying that the orders of the Viceroy of Spain had been
received and transmitted to St. Petersburg for the action of the Czar. Here,
however, the matter did not rest. There arrived in the harbor of San Fran
cisco, in 1816, in the Russian brig Rurick, a scientific expedition under the
command of Otto von Kotzebue. In accordance with instructions received
from the Spanish authorities, Governor Sola proceeded to San Francisco,
visited Kotzebue, and, as directed by his Government, offered aid in further-
98 History of Contra Costa County.
ance of the endeavors to advance scientific research on the coast. At the
same time he complained of Koskoff ; informed him of the action taken on
either side, and laid particular emphasis on the fact that the Russians had
been occupiers of Spanish territory for five years. Upon this complaint
Don Gervasio Arguello was dispatched to Bodega as the bearer of a message
from Kotzebue to Koskoff, requiring his presence in San Francisco. This
messenger was the first to bring a definite report of the Russian settlement
there, which then consisted of twenty-five Russians and eighty Kodiac
Indians. On October 28th a conference was held on board the Rurick, in
the harbor of San Francisco, between Arguello, Kotzebue and Koskoff;
there being also present Jose Maria Estudillo, Luis Antonio Arguello, and a
naturalist named Chamisso, who acted as interpreter. No new develop
ment was made at this interview, for Koskoff claimed that he was acting in
O
strict conformity with instructions from the Governor of Sitka ; therefore
Kotzebue declined to take any action in the matter, contenting himself
with the simple promise that the entire affair should be submitted to St.
Petersburg to await the instructions of the Emperor of Russia. Thus the
matter then rested. Communications subsequently made produced a like
unsatisfactory result, and the Russians were permitted to remain for a
lengthened period possessors of the land they had so arbitrarily appro
priated.
The commandants under the Mexican regime, in later years, organized
several military expeditions for the purpose of marching against the intrud
ers, which were not actually carried into effect. For more than a quarter of a
century the Muscovite continued to hold undisturbed possession of the dis
puted territory, and prosecuted their farming, stock-raising, hunting, trap
ping and ship-building enterprises ; yet, whatever may have been the causes
which led to it, there finally came a day when it was decided to withdraw
the colony from California. The proposition was first made by them to the
government authorities at Monterey, to dispose of their interests at Bodega
and Fort Ross, including their title to the land, but, as these officials had
never recognized their right or title, and could hardly do so at that late
date, they refused to purchase. Application was next made to General M. G.
Vallejo, but on the same grounds he refused. They then applied to Cap
tain John A. Sutter, a gentleman at that time residing near where Sacra
mento City now stands, and who had made a journey from Sitka, some
years before, in one of their vessels. They persuaded Sutter into the be
lief that their title was good, and could be maintained ; so, after making
out a full invoice of the articles they had for disposal, including all the land
lying between Point Reyes and Point Mendocino, and one league inland, as
well as cattle, farming and mechanical implements, also a schooner of one
hundred and eighty tons burden, some arms, a five-pound brass field-piece,
etc., a price was decided upon, the sum being thirty thousand dollars,
Early History and Settlement of Contra Costa County. 99
which, however, was not paid at one time, but in cash instalments of a few
thousand dollars, the last payment being made through ex-Governor Bur
nett, in 1849. All the stipulations of the sale having been arranged satis
factorily to both parties, the transfer was duly made, and Sutter became,
as he had every right to expect, the greatest land-holder in California
the grants given by the Mexican government seemed mere bagatelles, when
compared to his princely domain, but, alas for human hopes and aspirations,
in reality he had paid an enormous price for a very paltry compensation of
personal and chattel property !
Orders were sent to the settlers at Fort Ross to repair at once to San
Francisco Bay, and ships were dispatched to bring them there, where
whaling vessels bound for the northern fishing grounds had been chartered
to convey them to Sitka. These craft arrived at an early hour in the day,
and the orders being shown to Rotscheff, the commander, he ordered the bells
in the chapel towers to be rung, and the cannon to be fired, this being the usual
method of convocating the people at an unusual hour, or for some especial
purpose, so, everything was suspended just there the husbandman left his
plow standing in the half-turned furrow and unloosed his oxen, never
again to yoke them, leaving them to wander at will over the fields ; the
mechanic dropped his planes and saws on the bench, with the half-smoothed
board remaining in the vise ; the tanner left his tools where he was using
them, and doffed his apron to don it no more in California. As soon as the
entire population had assembled, Rotscheff arose and read the orders. Very
sad and unwelcome, indeed, was the intelligence, but the edict had emana
ted from a source which could not be gainsaid, and the only alternative was
a speedy and complete compliance, however reluctant it might be and
thus four hundred people were made homeless by the fiat of a single word.
Time was only given to gather up a few household effects with some of the
choicest mementoes, and they were hurried on board ship. Scarcely time
was given to those whose loved ones were sleeping in the grave-yard near
by, to pay a last sad visit to their resting place. Embarkation was com-
m enced at once ;
" And with the ebb of the tide the ships sailed out of the harbor
Leaving behind them the dead on the shore"
And all the happy scenes of their lives, which had glided smoothly
along on the beautiful shores of the Pacific and in the garden spot of the
world. Sad and heavy must have been their hearts, as they gazed for the
last time upon the receding landscape which their eyes had learned to love,
because it had been that best of places HOME.
Jl
At this stage of our remarks it may, perhaps, be well to introduce the
reader to a few of the characteristics, manners, customs, and mode of living
* O
of the native Californians.
100 History of Contra Costa County.
These were, for the most part, a half-caste race, between the white Cas-
tillian and the native Indian, very few of the natives retaining the pure
blood of old Castile ; they were consequently of all shades of color, and
developed, the women especially, into a handsome and comely race. Their
wants were few and easily supplied , they were contented and happy ; the
women were virtuous, and great devotees to their church and religion ;
while the men in their normal condition were kind and hospitable, but
when excited they became rash, fearless, yet cruel, with no dread for knife
nor pistol. Their generosity was great, everything they had being at the
disposal of a friend, or even a stranger, while socially they loved pleasure*
spending most of their time in music and dancing ; indeed, such was their
passion for the latter, that their horses have been trained to cavort in
time to the tones of the guitar. When not sleeping, eating or dancing, the
men passed most of their time in the saddle, and naturally were very ex
pert equestrians. Horse-racing was with them a daily occurrence, not for
the gain which it might bring, but for the amusement to be derived there
from ; and to throw a dollar upon the ground, ride at full gallop and pick
it up, was a feat that almost any of them could perform.
Horses and cattle gave them their chief occupation. They could use
the riata or lasso with the utmost dexterity ; whenever thrown at a bullock,
horseman or bear, it rarely missed its mark. The riata in the hand of a
Californian was a more dangerous weapon than gun or pistol, while to catch
a wild cow with it, throw her and tie her, without dismounting, was most
common, and to go through the same performance with a bear was not con
sidered extraordinary. Their only articles of export were hides and tallow,
the value of the former being one dollar and a half in cash, and two in
goods, and the latter three cents per pound in barter. Young heifers of
two years old, for breeding purposes, were worth three dollars ; a fat steer,
delivered to the purchaser, brought fifty cents more, while it was con
sidered neither trespass nor larceny to kill a beeve, use the flesh, and hang
the hide and tallow on a tree, secure from coyotes, where it could be found
by the owner.
Lands outside of the towns were only valuable for grazing purposes.
For this use every citizen of good character, having cattle, could, for the
asking, and by paying a fee to the officials, and a tax upon the paper upon
which it was written, get a grant for a grazing tract of from one to eleven
square leagues of land. These domains were called Ranches, the only im
provements on them being usually a house and a corral. They were never
inclosed ; they were never surveyed, but extended from one well-defined
landmark to another, and whether they contained two or three leagues,
more or less, was regarded as a matter of no consequence, for the land itself
was of no value to the Government.
It was not necessary for a man to keep his cattle on his own land.
Early History and Settlement of Contra Costa County. 101
They were ear-marked and branded when young, and these established their
ownership. The stock roamed whithersoever they wished, the ranchero
sometimes finding his animals fifty or sixty miles away from his grounds.
About the middle of march commenced the " Rodeo " season, which was
fixed in advance by the ranchero, who would send notice to his neighbors
around, when all, with their vaqueros, would attend and participate. The
rodero was the gathering in one locality of all the cattle on the rancho.
When this was accomplished, the next operation was for each ranchero
present to part out from the general herd all animals bearing his brand and
ear-mark and take them off to his own rancho. In doing this they were
allowed to take all calves that followed their mothers, what was left in the
rodero belonging to the owner of the rancho, who had them marked as his
property. On some of the ranchos the number of calves branded and
marked each year appears to us at this date to have been enormous, Joaquin
Bernal, who owned the Santa Teresa Rancho, in the Santa Clara valley,
having been in the habit of branding not less than five thousand head
yearly. In this work a great many horses were employed. Fifty head
was a small number for a ranchero to own, while they frequently had from
five to six hundred trained animals, principally geldings, for the mares were
kept exclusively for breeding purposes. The latter were worth a dollar
and a half per head ; the price of saddle horses was from two dollars and
fifty cents to twelve dollars.
In the month of December, 1865, a writer under the caption of " Yadnus "
thus writes to the San Jose Mercury :
" Not many years ago, in the agricultural counties, or, as they are more
elegantly termed in the parlor language of California, ' Cow Counties,'
prevailed to a great extent the custom which has given rise to the following
rough verses. Until the heavy floods and severe weather of the memorable
Winter of 1861, had more than decimated their herds, it was the. practice
(in accordance with law, I believe), for the wealthy rancheros men who
counted their cattle (when they counted them at all) by the thousands
to hold twice a year, a rodeo (rodere), to which all who owned stock within
a circuit of fifty miles repaired, with their friends, and often their families.
At the appointed time, the cattle, for many leagues around, were gathered
up by the horsemen, or vaqueros (buckaros), of the different stockmen
and driven into a large corral, where the branding, marking and claiming
of stock occupied sometimes a week. At the largest rodeo I ever witnessed,
there were gathered together some thirty thousand head of cattle, and
at least three hundred human beings, among whom were many of the
gentler sex. These rodeos were usually presided over by a ' Judge of
the Plains,' an officer appointed in later years by the Board of Supervi
sors, and whose duty was to arbitrate between owners in all disputes that
might arise as to cattle-property, overhaul and inspect all brands of stock
\
\
i
102 History of Contra Costa County.
being driven from or through the county, and to steal as many ' hoobs
as he possibly could without detection. In fact the 'perquisites' constitu
ted pretty nearly the entire pay of this valuable officer, and if they all
understood their business as well as the one it was my fortune to cabin
with for a number of months, they made the office pay pretty well."
The following poetic description of a rodeo is well worthy the perusal
of the reader :
EL RODEO.
Few are the sunny years, fair land of gold,
That round thy brow their circlet bright have twined ;
Yet, each thy youthful form hath still enrolled
In wondrous garb of peace and wealth combined.
Few are the years since old Hispania's sons
Eeared here their missions tolled the chapel bell ;
Subdued the natives with their priestly guns,
To bear the cross of God and man as well.
Oft have the holy Fathers careless stood
Within thy valleys, then a blooming waste :
Or heedless, toiled among the mountain flood,
That rich with treasure, downward foamed and raced.
Those times and scenes have long since passed away,
Before the white man's wisdom-guided tread,
As fly the shades before the steps of day,
When in the east he lifts his radiant head.
But still thy valleys and thy mountains teem
With customs common to the race of old ;
Like Indian names bequeathed to lake and stream,
They'll live while Time his restless reign shall hold.
'Tis of one such that I essay to sing,
A custom much in vogue in sections here,
Till flood and frost did such destruction bring
That scarce since then was needed a rodere.
Last night, at sunset, down the stream, I saw
The dark vaqueros ride along the plain,
With jingling spur, and bit, and jaquima,
. And snake-like lariats scarce e'er hurled in vain ;
The steeds they rode were champing on the bit,
The agile riders lightly sat their "trees,"
And many a laugh and waif of Spanish wit
Made merry music on the evening breeze.
Far out beyond the hills their course they took,
And where there lies, in early-summer days,
A lake, a slough, or chance a pebbly brook,
The coyote saw the camp-fire wildly blaze.
All night they lay beneath the lurid glare,
Till had upsprung morn's beauteous herald star,
And then, received each here the needed care,
Quick o'er th plains they scattered near and far.
They come ! and thundering down the red-land slope,
The fierce ganado madly tears along,
While, close behind, urged to their utmost lope,
The wild caballos drive the surging throng.
At headlong speed the drivers keep the band,
With yells, and oaths, and waving hats and coats,
Till in the strong corral they panting, stand,
And rest is gamed for horses and for throats.
Early History and Settlement of Contra Costa County. 103
Then comes the breakfast ; soon the steer they kill,
And quickly is the dressing hurried through ;
The meat is cooked by rude, yet well-liked skill,
And all do know what hungry men can do.
The Padrou sits beneath yon old oak tree,
Encircled by a group of chatting friends ;
For, at rodeo, all one can eat is free,
So all around in greasy union blends.
The breakfast finished, cigarettes alight,
Unto the huge corral all hands proceed ;
The strong-wove cinches are made doubly tight,
And the riata's noose prepared for need.
The fire is kindled, and the iron brand,
Amid its coals, receives the wonted heat ;
The Padron waves assent, with eager hand,
And the dark riders bound to saddle seat.
Where yon dark cloud of dust is rising high,
The swart vaquero like the lightning dart,
And singling out their prey with practiced eye,
Rush him from the affrighted herd apart.
Then whirls the lasso, whistling through the air,
In rapid circles o'er each horseman's head,
Till round the yearling's throat is hurled the snare
Burning like a huge coil of molten lead.
Then, heedless of its struggles to get free,
They drag it to the Major-Domo's stand,
Who, though of tender heart he's wont to be,
Now, merciless, sears deep in its flesh the brand.
The Spanish mother, at her youngling's cry,
Comes charging down with maddened hoof and horn,
While far and wide the crowd of gazers fly,
And hide behind the fence-posts till she's gone.
In faith, it is a sight well worth to see,
For those who like excitement's feverish touch :
And he who can look on and passive be,
Has ice within his nature overmuch.
What frantic bellowings pierce the startled air,
What clouds of dust obscure the midday sky,
What frenzied looks the maddened cattle wear,
As round and round, in vain, they raging fly !
These things, and many more, tend well to fill
The eager cravings of the morbid mind,
Akin to passions that full oft instill
Feelings that prompt the torture of its kind ;
But he who rashly seeks a closer view
Of tortured calf, to mark each groan and sigh,
Receives, full oft, rebuke in black and blue,
Pointed with force to where his brains most lie.
By the time the rodeo season was over, about the middle of May, the
" Matanza," or killing season, commenced. The number of cattle slaugh
tered each year was commensurate with the number of calves marked, and
the amount of herbage for the year, for no more could be kept alive than
the pasture on the rancho could support. After the butchering, the hides
were taken off and dried ; the tallow, fit for market, was put into bags
made from hides ; the fattest portions of the meat were made into soap,
while some of the best was cut, pulled into thin shreds, dried in the sun,
and the remainder thrown to the buzzards and the d6gs, a number of which
104 History of Contra Costa County.
were kept young dogs were never destroyed to clean up after a matanza.
Three or four hundred of these curs were to be found on a rancho, and it
was no infrequent occurrence to see a ranchero come into a town with a
string of them at his horse's heels.
Let us consider one of the habitations of these people. Its construction
was beautiful in its extreme simplicity. The walls were fashioned of large,
sun-dried bricks, made of that black loam known to settlers in the Golden
State as adobe soil, mixed with straw, measuring about eighteen inches
square and three in thickness, these being cemented with mud, plastered
within with the same substance, and whitewashed when finished. The
rafters and joists were of rough timber, with the bark simply peeled off,
and placed in the requisite position, the thatch being of rushes or chaparral,
fastened down with thongs of bullocks' hide. When completed, these dwell
ings stand the brunt and wear of many decades of years, as can be evi
denced by the number which are still occupied throughout the country.
The furniture consisted of a few cooking utensils, a rude bench or two,
sometimes a table, and the never-failing red camphor-wood trunk. This chest
contained the extra clothes of the women the men wore theirs on their
backs and when a visit of more than a day's duration was made, the box
was taken along. They were cleanly in their persons and clothing ; the
general dress being, for females, a common calico gown of plain colors, blue
grounds with small figures being most fancied. The fashionable ball-dress
of the young ladies was a scarlet flannel petticoat covered with a white
lawn skirt, a combination of tone in color which is not surpassed by tho
modern gala costume. Bonnets there were none, the head-dress consisting
of a long, narrow shawl or scarf. So graceful was their dancing that it was
the admiration of all strangers ; but as much cannot be said for that of the
men, for the more noise they made the better it suited them.
The dress of the men was a cotton shirt, cotton drawers, calzonazos,
sash, serape and hat. The calzonazos took the place of pantaloons in the
modern costume, and differed from these by being open down the sides, or,
rather, the seams on the sides were not sewed as in pantaloons, but were
laced together from the waistband to the hips by means of a ribbon run
through eyelets; thence they were fastened with large silver bell-buttons.
In wearing them they were left open from the knee down. The best of
these garments were made of broadcloth, the inside and outside seams
being faced with cotton velvet. The serape was a blanket with a hole
through its center, through which the head was inserted, the remainder
hanging to the knees before and behind. These cloaks were invariably of
brilliant colors, and varied in price from four to one hundred and fifty
dollars. The calzonazos were held in their place by a pink sash worn
around the waist, while the serape served as a coat by day and a covering
by night.
Early History and Settlement of Contra Costa County. 105
Their courtship was to the western mind peculiar, no flirting or love-
making being permitted. When a young man of marriageable age saw a
young lady whom he thought would make a happy help-mate, he had first
to make his wishes known to his own father, in whose household the eligi
bility of the connection was primarily canvassed, when, if the desire was
regarded with favor, the father of the enamored swain addressed a letter to
the father of the young lady, asking for his daughter in marriage for his
son. The matter was then freely discussed between the parents of the girl,
and, if an adverse decision was arrived at, the father of the young man was
by letter so informed, and the matter was at an end ; but if the decision of
her parents was favorable to him, then the young lady's inclinations were
consulted, and her decision communicated in the same manner, when they
were affianced, and the affair became a matter of common notoriety. Phillis
might then visit Chloe, was received as a member of her family, and when
the time came the marriage was celebrated by feasting and dancing, which
usually lasted from three to four days. It may be mentioned here that
when a refusal of marriage was made, the lady was said to have given her
lover the pumpkin Se dio la cabala.
The principal articles of food were beef and beans, in the cooking and
preparing of which they were unsurpassed ; while they cultivated, to a cer
tain extent, maize, melons and pumpkins. The bread used was the tortilla,
a wafer in the shape of the Jewish unleavened bread, which was, when not
made of wheaten flour, baked from corn. When prepared of the last-named
meal, it was first boiled in a weak lye made of wood ashes, and then by
hand ground into a paste between two stones ; this process completed, a
small portion of the dough was taken out, and by dexterously throwing it
up from the back of one hand to that of the other the shape was formed,
when it was placed upon a flat iron and baked over the fire.
The mill in which their grain was ground was made of two stones as
nearly round as possible, of about thirty inches in diameter, and each being
dressed on one side to a smooth surface. One was set upon a frame some
two feet high, with the smooth face upwards ; the other was placed on this
with the even face downwards, while, through an inch-hole in the center
was the grain fed by hand. Two holes drilled partly through each admit
ted an iron bolt, by means-of which a long pole was attached ; to its end
was harnessed a horse, mule, or donkey, and the animal being driven round
in a circle, caused the stone to revolve. We are informed that these mills
were capable of grinding a bushel of wheat in about twelve hours ! Their
vehicles and agricultural implements were quite as primitive, the cart in
common use being framed in the following manner. The two wheels were
sections of a log with a hole drilled or bored through the center, the axle
being a pole sharpened at each extremity for spindles, with a hole and pin
at either end to prevent the wheels from slipping .off. Another pole fast-
106 History of Contra Costa County.
ened to the middle of the axle served the purpose of a tongue. Upon this
frame work was set, or fastened, a species of wicker work, framed of sticks,
bound together with strips of hide. The beasts of burden were oxen, which
were yoked with a stick across the forehead, notched and crooked so as to
fit the head closely, and the whole tied with raw hide. The plow was a
still more quaint affair. It consisted of a long piece of timber which served
the purpose of a beam, to the end of which a handle was fastened ; a mor
tise was next chiseled in order to admit the plow, which was a short stick
with a natural crook, having a small piece of iron fastened on one end of it.
With this crude implement was the ground upturned, while the branch of a
convenient tree served the purposes of a harrow. Fences there were none
so that crops might be protected ; ditches were therefore dug, and the crests
of the sod covered with the branches of trees, to warn away the numerous
bands of cattle and horses, and prevent their intrusion upon the newly
sown grain. When the crops were ripe they were cut with a sickle, or any
other convenient weapon, and then it became necessary to thresh it. Now
for the modus operandi. The floor of the corral into which it was custom
ary to drive the horses and cattle to lasso them, from constant use, had
become hardened. Into this inclosure the grain would be piled, and upon
it the manatha, or band of mares, would be turned loose to tramp out the
seed. The wildest horses, or mayhap the colts that had only been driven
once, and then to be branded, would sometimes be turned adrift upon the
straw, when would ensue a scene of the wildest confusion, the excited ani
mals being urged, amidst the yelling of vaqueros and the cracking of whips,
here, there and everywhere, around, across, and lengthwise, until the whole
was trampled, and naught left but the grain and chaff. The most difficult
part, however, was the separating these two articles. Owing to the length
of the dry season there was no urgent haste to effect this ; therefore, when
the wind was high enough, the trampled mass would be tossed into the air
with large wooden forks cut from the adjacent oaks, and the wind carry
away the lighter chaff, leaving the heavier grain. With a favorable breeze
several bushels of wheat could thus be winnowed in the course of a day ;
while, strange as it may appear, it is declared that grain so sifted was much
cleaner than it is now, although manipulated by modern science.
The government of the native Californian was as primitive as him
self. There were neither law-books nor lawyers, while laws were mostly
to be found in the traditions of the people. The head officer in each
village was the Alcalde, in whom was vested the judicial function, who
received on the enactment of a new law a manuscript copy, called a bando,
upon the obtaining of which a person was sent round beating a snare drum,
which was a signal for the assemblage of the people at the Alcalde's office,
where the Act was read, thus promulgated, and forthwith had the force of
law. When a citizen had cause of action against another requiring the aid
Early History and Settlement of Contra Costa County. 107
of Court, he went to the Alcalde and verbally stated his complaint in his
own way, and asked that the defendant be sent for, who was at once sum
moned by an officer, who simply said that he was wanted by the Alcalde. The
defendant made his appearance without -loss of time, where, if in the same
village, the plaintiff was generally in waiting. The Alcalde commenced by
stating the complaint against him, and asked what he had to say about it.
This brought about an altercation between the parties, and nine times out
of ten, the Justice could get at the facts in this wise, and announce judgment
immediately, the whole suit not occupying two hours from its beginning.
In more important cases three " good men " would be called in to act as
co-justices, while the testimony of witnesses had seldom to be resorted to.
A learned American judge has said that " the native Calif ornians were, in
the presence of their Courts, generally truthful. What they know of false
swearing or perjury they have learned from their association with Ameri
cans. It was truthfully said by the late Edmund Randolph, that the United
States Board of Commissioners to settle private land claims in California,
had been the graves of their reputations."
They were all Roman Catholics, and their priests of the Franciscan
Order. They were great church-goers, yet Sunday was not the only day
set apart for their devotions. Nearly every day in the calendar was de
voted to the memory of some Saint, while those dedicated to the principal
ones were observed as holidays ; so that Sunday did not constitute more
than half the time which they consecrated to religious exercises, many of
which were so much in contrast to those of the present day, that they
deserve a short description.
The front door of their churches was always open, and every person
passing, whether on foot or on horseback did so, hat in hand ; any forget-
fulness on this head caused the unceremonious removal of the sombrero.
During the holding of services within, it was customary to station a num
ber of men without, who at appointed intervals interrupted the proceedings
with the ringing of bells, the firing of pistols, and the shooting of muskets,
sustaining a noise resembling the irregular fire of a company of infantry.
In every church was kept a number of pictures of their saints, and a
triumphal arch profusely decorated with artificial flowers ; while, on a holi
day devoted to any particular saint, after the performance of mass, a picture
of the saint, deposited in the arch, would be carried out of the church on
the shoulders of four men, followed by the whole congregation in double
file, with the priest at the head, book in hand. The procession would
march all round the town (if in one), and at every few rods would kneel on
the ground while the priest read a prayer or performed some religious cere
mony. " After the circuit of the town had been made, the train returned to
the church, entering it in the same order as that in which they had de
parted. With the termination of these exercises, horse-racing, cock-fighting,
108 History of Contra Costa County.
gambling, dancing, and a general merry-making completed the work of the
day. A favorite amusement of these festivals was for thirty or forty men
on horseback, generally two, but sometimes three on one horse, with their
guitars, to parade the towns, their horses capering and keeping time to the
music, accompanied with songs by the whole company, in this manner visit
ing, playing and singing at all the places of business and principal resi
dences ; and it was considered no breach of decorum for men on horses to
enter stores and dwellings.
Some of their religious ceremonies were very grotesque and amusing,
the personification of " The Wise Men of the East " being of this character.
At the supposed anniversary of the visit of the wise men to Bethlehem,
seven or eight men would be found dressed in the most fantastic styles,
going in company from house to house, looking for the infant Saviour.
They were invariably accompanied by one representing the devil, in the
garb of a Franciscan friar, with his rosary of beads and the cross, carrying
a long rawhide whip, and woe to the man who came within reach of that
whip it was far from fun to him, though extremely amusing to the rest of
the party. The chief of these ceremonies, however, was the punishment of
Judas Iscariot for the betrayal of his Master. On the supposed periodicity
of this event, after nightfall, and the people had retired to rest, a company
would go out and prepare the forthcoming ceremonies. A cart was procured
and placed in the public square in front of the church, against which was set
up an effigy made to represent Judas, by stuffing an old suit of clothes with
straw. The houses were then visited and a collection of pots, kettles, dishes,
agricultural implements in fact, every conceivable article of personal prop
erty was scraped together and piled up around Judas, to represent his
effects, until in appearance he was the wealthiest man in the whole coun
try. Then the last will and testament of Judas had to be prepared, a work
which was accorded to the best scribe and the greatest wit of the com
munity. Every article of property had to be disposed of, and something
like an equal distribution among all the people made, each bequest being
accompanied by some very pointed and witty reason for its donation.
Among a more sensitive people, some of these reasons would be regarded as
libelous. The will, when completed and properly attested, was posted on a
bulletin board near the effigy, and the night's work was performed. As
soon as sufficiently light, the entire population, men, women and children,
congregated to see Judas and his wealth, and to hear read, and discuss the
merits of his will and appropriateness of its provisions. Nothing else was
talked of ; nothing else was thought of, until the church bell summoned
them to mass ; after which, a wild, unbroken mare was procured, on the
back of which Judas was firmly strapped ; a string of fire-crackers was then
tied to her tail, they were lighted, she was turned loose, and the ultimate
fate of the figurative Judas was not unlike that which we are told occurred
to his perfidious prototype.
Early History and Settlement of Contra Costa County. 109
The native Californians were a temperate people, intoxication being
almost unknown. Wines and liquors existed in the country, but were
sparingly used. In a saloon, where a "bit's worth" was called for, the de
canter was not handed to the customer, as we believe is now the case, but
was invariably measured out, and if the liquor was a potent spirit, in a
very small dose ; while a " bit's " worth was a treat for a considerable com
pany, the glass being passed around from one to the other, each taking a
sip. The following amusing episode in this regard , which occurred in the
Pueblo de San Jose, in 1847, may find a place here. Juan Soto, an old gray-
headed man and a great friend to Americans for everyone who spoke
English was an American to him had come into possession of a " bit,"
and being a generous, whole-souled man, he desired to treat five or six of
his friends and neighbors. To this end he got them together, marched
them to Weber's store, and there meeting - , who tho' hailing from the
Emerald Isle, passed for an American, invited him to join in the symposium.
The old Spaniard placed his " bit " upon the counter with considerable eclat,
and called for its value in wine, which was duly measured out. As a mark
of superior respect he first handed it to , who, wag that he was, swal
lowed the entire contents, and awaited the denoument with keen relish.
Soto and his friends looked at each other in blank amazement, when there
burst out a tirade in their native tongue, the choice expressions in which
may be more readily imagined than described.
There was one vice that was common to nearly all of these people, and
which eventually caused their ruin, namely, a love of gambling. Their
favorite game was monte', probably the first of all banking games. So
passionately were they addicted to this, that on Sunday, around the church,
while the women were inside and the priest at the altar, crowds of men
would have their blankets spread upon the ground with their cards and
money, playing their favorite game of monte. They entertained no idea
that it was a sin, nor that there was anything derogatory to their charac
ter as good Christians. This predilection was early discovered and turned
to account by the Americans, who soon established banks, and carried on
games for their amusement especially. The passion soon became so de
veloped that they would bet and lose their horses and cattle, while to pro
cure money to gratify this disposition, they would borrow from Americans
at the rate of twelve and a half per cent, per day ; mortgaging 1 and
selling their lands and stock, yea, even their wives' clothing, so that their
purpose should be gratified, and many unprincipled Westerns of those days
enriched themselves in this manner at the expense of these poor creatures.
Before leaving this people, mention should be made of their bull and bear
fights. Sunday, or some prominent holiday, was invariably the day chosen
for holding these, to prepare for which a large corral was erected (in San
Jose') in the plaza, in front of the church, for they w^re witnessed by priest
110 History of Contra Costa County.
and layman alike. In the afternoon, after divine service, two or three good
bulls (if a bull-fight only) would be caught and put in the inclosure, when
the combat commenced. If there is anything that will make a wild bull
furious it is the sight of a red blanket. Surrounded by the entire popu
lation, the fighters entered the arena, each with one of these in one hand
and a knife in the other, the first of which they would flaunt before the
furious beast, but guardedly keeping it between the animal and himself.
Infuriated beyond degree, with flashing eye and head held down, the bull
would dash at his enemy, who, with a dexterous side spring would evade
the onslaught, leaving the animal to strike the blanket, and as he passed
would inflict a slash with his knife. Whenever by his quickness he could
stick his knife in the bull's neck just behind the horns, thereby wounding
the spinal cord, the bull fell a corpse and the victor received the plaudits of
the admiring throng. The interest taken in these exhibitions was intense ;
and, what though a man was killed, had his ribs broken, was thrown over
the fence, or tossed on to the roof of a house ; it only added zest to the sport,
it was of no moment, the play went on. It was a national amusement.
When a grizzly bear could be procured, then the fight, instead of being
between man and bull, was between bull and bear. Both were taken into
the corral, each being made fast to either end of a rope of sufficient length
to permit of free action, and left alone until they chose to open the ball.
The first motion was usually made by the bull endeavoring to part com
pany with the bear, who thus received the first " knock-down." On finding
that he could not get clear of Bruin, he then charged him, but was met
half-way. If the bear could catch the bull by the nose, he held him at a
disadvantage, but he more frequently found that he had literally taken the
bull by the horns, when the fight became intensely interesting, and was
kept up until one or other was killed, or both refused to renew the combat.
The bull, unless his horns were clipped, was generally victorious.
The custom of bull and bear fighting was kept up by the native Cali-
fornians, as a money-making institution from the Americans, until the year
1854, when the Legislature interposed by " An Act to prevent Noisy and
Barbarous Amusements on the Sabbath."
The following anecdote in regard to it has been related to us, and may
serve to vary the tedium of the reader. Shortly after the foregoing enact
ment became a law, great preparations were made for having a bull fight,
on the Sabbath as usual, at the old Mission of San Juan Bautista. They
were notified by the officers of the existence of the new law, and that they
must desist from the undertaking. Doctor Wiggins, a Mission pioneer in
California since 1842, was then residing at San Juan ; he spoke Spanish
fluently, and was looked upon as a great friend by the native Californians.
He never smiled, nor appeared to jest yet, he was the greatest tale-teller,
jester and punster on the Pacific coast. In sallies of genuine wit he stood
JERRY MORGAN.
Early History and Settlement of Contra Costa County. Ill
unequaled. In their perplexity about the new law, the Californians took
counsel with the doctor ; he examined the title of the Act with much
seriousness and an air of great wisdom : " Go on with your bull-fights."
was the doctor's advice ; " they can do nothing with you. This is an Act to
prevent noisy and barbarous amusements on the Sabbath. If they arrest you,
you will be entitled to trial by jury ; the jury will be Americans ; they will,
before they can convict you, have to find three things ; first, that a bull-fight
is noisy ; this they will find against you ; second, that it is barbarous ; this
they will find against you ; but an American jury will never find that it
is an amusement in Christ's time. Go on with your bull-fights." They
did go on and were arrested, to find that the doctor had been practising a
cruel joke on this long-cherished institution. They were sentenced to pay
a fine, and it was the last of the bull-fights. Thus passed away the only
surviving custom of a former civilization.
The history of the settlement of any county of California follows so
sequentially, and is so closely allied to the history of the Pacific Coast in
general, and this State in particular, that to commence the chronicling of
events from the beginning naturally and properly takes us back to the
early discoveries in this portion of the globe, made by the hardy old
voyageurs who left the known world and charted seas behind them and
sailed out into an unknown, untra versed, unmapped and trackless main,
whose mysteries were to them as incomprehensible as are those of that
" undiscovered country " of which Hamlet speaks.
In the year 1728 a Dane named Vitus Bering, was employed by Catha
rine of Russia to proceed on an exploring expedition to the northwest coast
of America and Asia, to find, if possible, an undiscovered connection between
the Atlantic and Pacific oceans. On this voyage he solved the riddle and
gave to the world the straits which now bear his name. On his return he
tendered to the Empress the handsome skins which he had procured on his
cruise, and so delighted was she, and so excited was the cupidity of capital
ists from other countries, that soon settlements were established on the
coast, and the collection of furs commenced. In 1799 the Russian Ameri
can Fur Company was organized and located in what is now known as
Alaska ; Sitka was founded in 1805 ; and for many years the neighbors of
the Russ were the Austrians and Danes. Now came the British. An
association known as the King George's Sound Company was organized in
London in 1784, for the purpose of making a settlement on the Pacific
Coast, whither many of their vessels found their way up till 1790. Be
tween the years 1784 and 1790, the coast was visited by ships of the East
India Company, and about the last-named year craft of the United States
were first seen in these waters.
The ship Columbia, Robert Gray, Captain, arrived at the Straits of
Fuca, June 5, 1791, and traded along the coast, discovering the Columbia
112 History of Contra Costa County.
River, which he named after his vessel, May 7, 1792. In 1810, a number
of hunters and trappers arrived in the ship Albatross, Captain Smith, and
established the first American settlement on the Pacific Coast. In the same
year, under the leadership of John Jacob Astor, the Pacific Fur Company
was organized in New York, and in 1811, they founded the present town
of Astoria, at the mouth of the Columbia River. The British, however,
soon after wrested it from their hands and drove all the Americans out of
the country, many of whom found their way into California. Between the
years 1813 and 1822, save deserters from vessels, and those connected with
trading-posts, there were no Americans on the coast.
In his " Natural Wealth of California," Titus Fey Cronise informs us
that from 1825 until 1834 the whole of the California trade was in the
hands of a few Boston merchants. A voyage to this coast and back, during
that time, was an enterprise of very uncertain duration, generally occupy
ing two or three years. The outward cargo, which usually consisted of
groceries and coarse cotton goods, had to be retailed to the missionaries and
settlers, as there were no "jobbers" in those times, and neither newspapers,
telegraphs, nor stages through which to inform customers of the ship's ar
rival. The crew had to travel all over the country to convey the news,
which occupied considerable time. It was this portion of their duties that
caused so many of them to desert their ships. They saw so much of the
country, became so charmed with the freedom, ease and plenty that pre
vailed everywhere, that they preferred to remain on shore. Each of these
vessels generally brought several young men as adventurers, who worked
their passage out for the privilege of remaining. Many of the early settlers,
whose children are now among the wealthiest citizens of the State, came to
California in this manner.
The outward cargo being disposed of, the homeward one had to be pro
cured. Sometimes, when the season had been too dry, or too wet for the
lazv vaqueros to drive the cattle into the Missions to kill, there were no
hides nor tallow to be had. On such occasions the vessel was obliged to
remain till the next season, when a sufficient number of cattle would be
slaughtered to pay for the goods purchased, as there was no " currency"
used in the country, except hides and tallow.
First in California of an alien race to settle was John Cameron, but
who had assumed his mother's maiden name of Gilroy, and was thus after
wards known. He was born in the County of Inverness, Scotland, in the
district of Lochaber, in the year 1794, and in the year 1813 arrived in
Monterey, in one of Her Britannic Majesty's ships, on board of which he
was rated as coxswain of the captain's gig. From here he deserted, with a
comrade known as " Deaf Jimmy," and waiting, carefully hidden, until the
vessel had departed, the two friends, in their search for employment, found
their way into the Santa Clara Valley. Gilroy established himself at the
Early History and Settlement of Contra Costa County. 113
little town of San Ysidro, now generally called Old Gilroy, in contradistinc
tion to the new town of Gilroy, where he married and remained till his
death, which occurred in July, 18G9. His confrere came to the north of the
Bay, and died in Sonoma County. At this time there were not half-a-dozen
foreign settlers in the whole country, save the Russians, who, it will be re
membered, then occupied Bodega and Fort Ross, on the coast, while from
San Francisco to Los Angeles there were only eight ranches, the property
of Mexican colonists.
Prior to the year 1820 the manner of living was most primitive, and had
it not been that horses Were plentiful the mode of locomotion would have,
of a necessity, been confined to pedestrianism, for, as there were no roads,
there were no vehicles, while the wheels of those which existed were inno
cent of fellah, spoke, hub and tire. Not a hotel nor house of public entertain
ment was to be found throughout the length and breadth of the land, while
there was no sawed timber, that used for building being hewn with axes
by Indians. A fire-place or stove was unknown in a dwelling, nor did
these come into use until 1846, after the American occupation.
In the year 1823 application was made by Francisco Castro to the
Mexican authorities for the San Pablo Rancho, and by Ignacio Martinez for
that of Pinole, each to the extent of four leagues. In the following year
these gentlemen, the actual pioneer settlers in what is at present Contra
Costa county, constructed adobe residences, planted vineyards and orchards,
erected corrals for their stock and otherwise commenced the work of re
claiming and improving. How few were the settlers then. Their nearest
neighbors were the Peralta family at San Antonio, and the Castros at San
Lorenzo. In 1826, Jose Maria Amador acquired and settled upon the San
Ramon Rancho, but either of these were within the confines of which we
write. The next accession to the strength of the little coterie was in the
year 1828 when Valencia occupied the Acalanes Rancho, (at Lafayette),
Felipe Briones the rancho which bears his name, and Moraga the Redwood
Rancho, or Lagunas Palos Colorados. Soon after locating, however, Briones
was slain near where now stands the town of Clayton by some Indians,
who had made their way from the San Joaquin plain on a predatory ex
pedition for horses, some of which they were driving away. Salvio
Pacheco, during this year, came to the Rancho Monte del Diablo, and es
tablished himself near where the village of Concord has since sprung, where
he resided until his death on August 9, 1876, at the ripe age of eighty-five
years. About the same time application was made by Dona Juana Pacheco,
a widow, for the Rancho San Miguel, and having acquired it dispatched
her nephew Ygnacio Sibrian to occupy it, while she maintained her residence
in the Pueblo tie San Jose', Sibrian building an adobe residence near Wal
nut Creek, not far from the present home of William Rice. These
persons afterwards obtained grants of four leagues *each. Upon the San
114 History of Contra Costa County.
Ramon Rancho Mariano Castro, and Bartolo Pacheco settled during the
year 1832, near where Leo Norris resides ; while about the same period,
William Welch, a Scotchman by birth, petitioned for and obtained the tract
of land known as the Welch Rancho, on which a portion of the county
seat, Martinez, is located. Welch did not long reside on his property in
consequence of the hostility of the Indians ; he therefore removed his family
to San Jose', and afterwards established a head-quarters at the place near
Walnut Creek, now known as the Welch Homestead. In this year, or in
1833, the Romero brothers settled in Tice valley and made application for
a grant to the sobrante, or vacant land, which lay between the Ranches of
San Ramon, Welch, Acalanes and Moraga, a prayer which was denied many
years after.
In the year 1835 thirty citizens, styling themselves as of the Ranchos
of the north, that is of districts to the north of the Bay, presented the fol
lowing petitions to the Governor, which are produced as being a portion
of history connected with Contra Costa. It is a desire on their part to be
long to the jurisdiction of San Josd, rather than that of San Francisco :
" To His Excellency the Governor :
" The residents of the adjoining ranches of the north, now belonging to
the jurisdiction of the port of San Francisco, with due respect to your Ex
cellency, represent : That finding great detriment, and feeling the evils
under which they labor from belonging to this jurisdiction, whereby they
are obliged to represent to your Excellency that it causes an entire aban
doning of their families for a year by those who attend the judiciary func
tions and are obliged to cross the Bay. Truthfully speaking, to be obliged
to go to the port by land, we are under the necessity of traveling forty
leagues, going and coming back ; and to go by sea we are exposed to the
danger of being wrecked. By abandoning our families, as above stated, it
is evident that they must remain without protection against the influences
of malevolent persons ; they are also exposed to detention and loss of labor
and property, and injury by animals. There is no lodging to be had in
that port, where, for a year, an ayuntamiento is likely to detain them, and,
should they take their families, incurring heavy expenses for their trans
portation and necessary provisioning for the term of their engagement,
there is no accommodation for them. Wherefore, in view of these facts,
they pray your Excellency to be pleased to allow them to belong to the
jurisdiction of the town of San Josd, and recognize a commission of justice
that will correspond with the said San Josd as capital for the people in this
vicinity ; wherefore, we humbly pray your Excellency to favor the parties
interested by acceding to their wishes.
" San'Antonio, San Pablo, and the adjacent ranches north, May 30, 1835."
It is unnecessary here to produce the names of the signers of the docu
ment ; rather permit us to dwell upon the changes rung by time since then.
Early History and Settlement of Contra Costa County. 115
Seven and forty years ago the Bay was indeed a veritable " sea of trouble"
to those rancheros ; it is now crossed in half the number of minutes that
years have elapsed. Where there were no accomodations, the finest and
best conducted hotels in the world have sprung up as if by magic, while
travel by land has been rendered secure, inexpensive, comfortable and ex
peditious. Such a wonderful transformation is hard to realize, but the
facts speak for themselves.
In due course of time the document was received at Monterey. Let us
follow it : Under date August, 12, 1835, it was endorsed : " Let it be kept to
be reported to the deputation." September 1st, it was docketed : " On this
day the same was reported and referred to the Committee on Government,"
who, September 5th, reported as follows :
" Most Excellent Sir : We, The Committee on Government, being re
quired to report upon the memorial, with the parties subscribed thereto, made
to the Political Chief on the 30th day of May last, find that the said memorial
is grounded upon good reasons and public convenience ; but as the subject
should be considered upon proper reports for a due determination, the
Committee is of opinion that the reports of the Ayuntamientos of the
towns of San Jose' and San Francisco are required for that purpose : There
fore the Committee offers, for the deliberation of the most Excellent
Deputation, the following propositions : 1st That this expediente be re
ferred to the Ayuntamientos of the towns of San Jose and San Francisco,
in order that they report upon said memorial. 2d That after which, the
same be returned for determination.
" MAN'L JIMENO,
" SALVIO PACHECO."
" Monterey, September 10, 1835. At the session of this day the most
Exalted Deputation has approved the two propositions made in the report
of the Committee on Government.
" MANUEL JIMENO."
" Monterey, September 28, 1835. Let this expediente be forwarded to
the Ayuntamiento of the town (pueblo) of San Jose' Guadalupe, for a report
upon the prayer of the foregoing memorial, and to that of San Francisco
for the like purpose. The Ayuntamiento of the latter town will, moreover,
give a list of the residents of the vicinity of the same. Don Jose Castro,
senior member of the most Excellent Territorial Deputation, and Superior
Political Chief of Upper California, thus commanded, decreed, and signed
this, which I attest.
"JosE CASTRO.
" FRAN'CO DEL CALSELLO NEGRETE, Sec'y.
" In pursuance of the foregoing Supreme Order of Your Excellency
this Ayuntamiento begs to state the following : That with regard to the
residents on the northern vicinity, now under the jurisdiction of San Fran-
116 History of Contra Costa County.
cisco, and who in their memorial prayed to be exempted from belonging to
that jurisdiction, having indispensably to cross the bay, or to travel up
wards of forty leagues ; while on half their way they can come to this
town (pueblo), under the jurisdiction of which they formerly were, which
was most suitable and less inconvenient to them ; this Ayuntamiento thinks
that their prayer should be granted, if it is so found right.
"ANTONIO MA. PlCO,
"IGNACIO MARTINEZ.
" JOSE BERRYESSA, Secretary.
'" Town of San Jose Guadalupe, November 4, 1835."
In a response, or rather a remonstrance, the complaints of the petitioners
were treated as frivolous by the Ayuntamiento of San Francisco, who re
buked them for their want of patriotism ; and were asked if their service
of having traveled a paltry forty leagues could bear the slightest compari
son with those of others who had journeyed hundreds of leagues in the
interior, and some who had gone on public service from San Francisco to
San Diego.
About the year 1836 Jose Miguel and Antonio Mesa, two brothers, settled
near Kirker's Pass, on the New York Rancho, and were granted two leagues
under the name of Los Medanos ; and at the same period Miranda Higuera
and Alviso made application for and obtained three square leagues of land,
known as the Canada de los Vaqueros. Jose' Noriega also, at this epoch,
had granted to him the Rancho Los Meganos, which, in 1837, he sold to
Doctor John Marsh. This brings us to the first American settler in Contra
Costa county.
Doctor John Marsh left the United States in the year 1835, proceeded
to New Mexico, and after traversing a portion of Old Mexico, crossed the
Colorado at its junction with the Gila, and entered Southern California.
He afterwards traveled northward, and in 1837 purchased the Los Meganos
Rancho which has since been popularly known as the Marsh Grant. This
tract of land, which he describes as being about ten miles by twelve in ex
tent, he designated the Farm of Pulpunes, whence in 1846, he indited a
letter to Hon. Lewis Cass, which was first published in 1866 by the Contra
Costa Gazette, to whose columns we refer the reader. In that communica
tion he informs Mr. Cass that it had been usual to estimate the population
of California at five thousand persons of Spanish descent, and twenty
thousand Indians. This is declared to be an error, the actual number being
in round numbers, seven thousand Spaniards, ten thousand civilized or
domesticated Indians, and about seven hundred Americans, one hundred
English, Irish, and Scotch, with about a like number of French, Germans
and Italians. The Doctor farther remarks : " Within the territorial limits
of Upper California, taking the parallel of forty -two degrees for the north
ern and the Colorado River for the southeastern boundary, are an immense
Early History and Settlement of Contra Costa County. 117
number of wild, naked, brute Indians. The number of course can only be
conjectured. They probably exceed a million, and may perhaps amount
to double that number. The far-famed Missions of California no longer
exist. They have nearly all been broken up, and the lands apportioned out
into farms. They were certainly munificent ecclesiastical baronies, and
although their existence was quite incompatible with the general prosperity
of the country, it seems almost a pity to see their downfall. The immense
piles of buildings and beautiful vineyards and orchards are all that remain,
with the exception of two in the southern part of the territory, which still
retain a small remnant of their former prosperity." He goes on to inform
his friend of the ^salubrity of California's climate; its topographical beauties
and advantages; its agricultural possibilities; its then commerce; its
government, and the manners and customs of the Indians, all a valuable
addition to the early history of California.
The Doctor established his residence in a small adobe building not far
from where he built the famous " Stone House," where he lived a most
solitary life, having but few neighbors whose homes averaged a distance
from his of from twelve to forty miles.
The owners of the ranches usually employed a few vaqueros to herd
and take care of their stock, who were generally mission or christianized
Indians ; the rancheros themselves being very hospitably inclined, although
that extended was of a most primitive nature, yet, though deprived of
society and comparatively alone they were uniformly contented and
apparently happy.
But little attention was given to tilling the soil, further than the culti
vation of the necessary beans, corn, potatoes, and melons necessary for
home consumption, while nearly all the rancheros on locating planted small
vineyards and orchards, many of which bear fruit to this day. What are
termed " improvements " were rare ; an adobe house and a corral seemed all
that was desirable.
In 1846 the war between the United States and Mexico broke out, and
at its close in the following year, the persons above enumerated possessed,
within the present boundaries of Contra Costa county, no less than forty-
six leagues of land, embracing an area of about three hundred and twenty
square miles.
No history of a county in California would be complete without some
relation of the tragic end of the Donner party ; we have therefore taken
the liberty of reproducing the excellent description of their sufferings from
Tuthill's History of California :
" Of the overland emigration to California, in 1846, about eighty wagons
took a new route from Fort Bridger around the south end of Great Salt
Lake. The pioneers of the party arrived in good season over the mount
ains ; but Mr. Reed's and Mr. Donner's companies opened a new route
118 History of Contra Costa County.
through the desert, lost a month's time by their explorations, and reached
the foot of the Truckee pass, in the Sierra Nevada, on the 31st of October,
instead of the 1st, as they had intended. The snow began to fall on the
mountains two or three weeks earlier than usual, that year, and was al
ready so piled up in the pass, that they could not proceed. They attempted
it repeatedly, but were as often forced to return. One party built their
cabins near the Truckee Lake, killed their cattle, and went into Winter
quarters. The other (Donner's) party, still believed that they could thread
the pass, and so failed to build their cabins before more snow came and
buried their cattle alive. Of course they were soon utterly destitute of
food, for they could not tell where the cattle were buried, and there was no
hope of game on a desert so piled with snow that nothing without wings
could move. The number of those who were thus storm-stayed, at the
very threshold of the land whose Winters are one long Spring, was eighty,
of whom thirty were females, and several children. The Mr. Donner, who
had charge of one company, was an Illinoisian, sixty years of age, a man of
high respectability and abundant means. His wife was a woman of edu
cation and refinement, and much younger than he.
" During November it snowed thirteen days ; during December and
January, eight days each. Much of the time the tops of the cabins were
below the snow level.
" It was six weeks after the halt was made that a party of fifteen, in
cluding five women, and two Indians who acted as guides, set out on snow-
shoes to cross the mountains, and give notice to the people of the California
settlements of the condition of their friends. At first the snow was so
light and feathery that even in snow-shoes they sank nearly a foot at every
step. On the second day they crossed the ' divide,' finding the snow at the
summit twelve feet deep. Pushing forward with the courage of despair,
they made from four to eight miles a day.
" Within a week they got entirely out of provisions, and three of them
succumbing to cold, weariness and starvation, had died. Then a heavy
snow-storm came on, which compelled them to lie still, buried between their
blankets under the snow, for thirty-six hours. By the evening of the tenth
day three more had died, and the living had been four days without food.
The horrid alternative was accepted they took the flesh from the bones of
their dead, remained in camp two days to dry it, and then pushed on.
" On New Year's, the sixteenth day since leaving Truckee lake, they
were toiling up a steep mountain. Their feet were frozen. Every step was
marked with blood. On the second of January, their food again gave out.
On the third, they had nothing to eat but the strings of their snow-shoes.
On the fourth, the Indians eloped, justly suspicious that they might be
sacrificed for food. On the fifth they shot a deer, and that day one of
their number died. Soon after three others died, and every death now eked
Early History and Settlement of Contra Costa County. 119
out the existence of the survivors. On the seventh, all gave out, and con
cluded their wanderings useless, except one. He, guided by two stray
friendly Indians, dragged himself on till he reached a settlement on Bear
river. By midnight the settlers had found and were treating with all
Christian kindness what remained of the little company that after more
than a month of the most terrible sufferings, had that morning halted to die.
" The story that there were emigrants perishing on the other side of the
snowy barrier ran swiftly down the Sacramento valley to New Helvetia,
and Captain Sutter, at his own expense, fitted out an expedition of men
and of mules laden with provisions, to cross the mountains and relieve
them. It ran on to San Francisco, and the people, rallying in public meet
ing, raised fifteen hundred dollars and with it fitted out another expedition.
The naval commandant of the port fitted out still others.
" The first of the relief parties reached Truckee lake on the nineteenth
of February. Ten of the people in the nearest camp were dead. For four
weeks those who were still alive had fed only on bullocks' hides. At
Conner's camp they had but one hide remaining. The visitors left a small
supply of provisions with the twenty-nine whom they could not take with
them, and started back with the remainder. Four of the children they
carried on their backs.
"Another of the relief parties reached Truckee lake on the first of
March. They immediately started back with seventeen of the sufferers ;
but, a heavy snow-storm overtaking them, they left all, except three of the
children, on the road. Another party went after those who were left on
the way ; found three of them dead, and the rest sustaining life by feeding
on the flesh of the dead.
" The last relief party reached Conner's camp late in April, when the
snows had melted so much that the earth appeared in spots. The main
cabin was empty, but some miles distant they found the last survivor of all
lying on the cabin-floor smoking his pipe. He was ferocious in aspect,
savage and repulsive in manner. His camp-kettle was over the fire, and in
it his meal of human flesh preparing. The stripped bones of his fellow-
sufferers lay around him. He refused to return with the party, and only
consented when he saw there was no escape.
" Mrs. Donner was the last to die. Her husband's body, carefully laid
out and wrapped in a sheet, was found at his tent. Circumstances led to
the suspicion that the survivor had killed Mrs. Donner for her flesh and
her money, and when he was threatened with hanging, and the rope tight
ened around his neck, he produced over five hundred dollars in gold, which,
probably, he had appropriated from her store."
Apropos to this dreary story of suffering, we conclude it by the narra
tive of a prophetic dream of George Yount, attended as it was, with such
marvelous results.
120 History of Contra Costa County.
At this time (the Winter of 1846-7), while residing in Napa county, of
which he was the pioneer settler, he dreamt that a party of emigrants were
snow-bound in the Sierra Nevada, high up in the mountains, where they
were suffering the most distressing privations from cold and want of food.
The locality where his dream had placed these unhappy mortals he had
never visited, yet so clear was his vision that he described the sheet of
water surrounded by lofty peaks, deep-covered with snow, while on every
hand towering pine trees reared their heads far above the limitless waste.
In his sleep he saw the hungry human beings ravenously tear the flesh
from the bones of their fellow-creatures, slain to satisfy their craving appe
tites, in the midst of a weird and gloomy desolation. He dreamed his
dream on three successive nights, after which he related it to others, among
whom were a few who had been on hunting expeditions in the Sierras.
These wished for a precise description of the scene foreshadowed to him.
They recognized the Truckee Lake. On the strength of this recognition Mr.
Yount fitted out a search expedition, and with these men as guides, went
to the place indicated, and prodigious to relate, was one of the successful
relieving bands to reach the ill-fated Donner party,
And now there began to settle in the vast California valleys that in
trepid band of pioneers, who having scaled the Sierra Nevada with their
wagons, trains and cattle, began the civilizing influences of progress on the
Pacific Coast. Many of them had left their homes in the Atlantic, West
ern and Southern States with the avowed intention of proceeding direct to
Oregon. On arrival at Fort Hall, however, they heard glowing accounts
of the salubrity of the California climate and the fertility of its soil; they
therefore turned their heads southward and steered for the wished-for
haven. At length, after weary days of toil and anxiety, fatigued and foot
sore, the promised land was gained. And what found they ? The country,
in what valley soever, we wot, was an interminable grain field ; mile upon
mile, and acre after acre, wild oats grew in marvelous profusion, in many
places to a prodigious height one great, glorious green of wild, waving corn
- high over head of the wayfarer on foot, and shoulder-high with the
equestrian ; wild flowers of every prismatic shade charmed the eye, while
they vied with each other in the gorgeousness of their color, and blended
into dazzling splendor. One breath of wind, and the wide Emerald ex
panse rippled itself into space, while with a heavier breeze came a swell
whose rolling waves beat against the mountain sides, and, being hurled
back, were lost in the far-away horizon ; shadow pursued shadow in a long,
merry chase ; the air was filled with the hum of bees, the chirrup of birds,
and an overpowering fragrance from the various plants weighted the air.
The hill-sides, over-run as they were with a dense mass of tangled jungle,
were hard to penetrate, while in some portions the deep dark gloom of the
forest trees lent relief to the eye. The almost boundless range was inter-
. . - ":
Early History and Settlement of Contra Costa County. 121
sected throughout with divergent trails, whereby the traveler moved from
point to point, progress being, as it were, in darkness on account of the
height of the oats on either side, and rendered dangerous in the valleys by
the bands of untamed cattle, sprung from the stock introduced by the Mis
sion Fathers. These found food and shelter on the plains during the night ;
at dawn they repaired to the higher grounds to chew the cud and bask in
the sunshine. At every yard coyotes sprang from beneath the feet of the
voyageur. The hissing of snakes, the frightened rush of lizards, all tended
to heighten the sense of danger, while the flight of quail and other birds,
the nimble run of the rabbit, and the stampede of elk and antelope, which
abounded in thousands, added to the charm, causing him, be he whosoever
he may, pedestrian or equestrian, to feel the utter insignificance of man,
the " noblest work of God."
On the tenth day of October, 1846, there arrived in California a family
whose name is indelibly associated with the history of Contra Costa. The
Hon. Elam Brown and his family can never be forgotten in the chronicles
of the county.
After being present during the seige of Santa Clara by the mounted
Calif ornians under Colonel Sanchez, when he served in its defence, Mr.
Brown passed the Summer of 1847 in the redwoods lying between Moraga
valley and San Antonio, now in Alameda county, and finally purchased the
Acalanes Rancho in that year, where he settled and still resides, with his
wife, who came to California in the same year. The Honorable Elam Brown
was a delegate from the district of San Jose to the Convention which orga
nized in Monterey on September 1, 1849, and is one of the few surviving
members of the Legislature that held their first session in San Jose.
Among the names of those who arrived in California in 1846, besides
Mr. Brown, and who afterwards became interested in Contra Costa, were :
Nathaniel Jones, the first Sheriff of the county, J. D. Taber, James M.
Allen, Leo Norris, John M. Jones and S. W. Johnson. Most of these gentle
men are still alive and look good for many more years of usefulness.
We now come to the eventful year of the Discovery of Gold, but in
introducing the reader to the circumstances attending the finding of the
precious metal, we would first desire to put him in possession of the fact,
that the prevailing opinion that the first discovery of gold in California
was that made at Sutter's Mill is an erroneous one, and must therefore give
way to the evidence furnished by Mr. Abel Stearns of its earlier discovery
by some six years, in the vicinity of Los Angeles. Mr. Stearns has now
been a resident of California nearly, if not quite, forty years, and is widely
known as a man of unquestionable veracity. The following letter, stating
some of the facts relating to the early discovery of gold, was furnished 1 in
response to a request of the Secretary of the California Pioneers :
122 History of Contra Costa County,
"Los ANGELES, July 8, 1867.
" Louis R LULL, Sec'y of the Society of California Pioneers, San Francisco :
" Sir On my arrival here from San Franciseo, some days since, I re
ceived your letter of June 3d, last past, requesting the certificate of the
assay of gold sent by me to the Mint at Philadelphia in 1842. I find by
referring to my old account books that November 22, 1842, I sent by Alfred
Robinson (who returned from California to the States by way of Mexico,)
twenty ounces California weight (eighteen and three-fourths' ounces Mint
weight) of placer gold, to be forwarded by him to the United States Mint
at Philadelphia, for assay.
" In his letter to me, dated August 6, 1843, you will find a copy from
the Mint assay of the gold, which letter I herewith inclose to you to be
placed in the archives of the Society.
" The placer mines, from which this gold was taken, were first discov
ered by Francisco Lopez, a native of California, in the month of March,
1842, at a place called San Francisquito, about thirty-five miles northwest
from this city (Los Angeles.)
" The circumstances of the discovery by Lopez x as related by him, are
as follows : Lopez, with a companion, were out in search of some stray
horses, and about mid-day they stopped under some trees and tied their
horses out to feed, they resting under the shade, when Lopez, with his
sheath-knife, dug up some wild onions, and in the dirt discovered a piece of
gold, and searching further found some more. He brought these to town
and showed them to his friends, who at once declared there must be a placer
of gold. This news being circulated, numbers of the citizens went to the
place and commenced prospecting in the neighborhood and found it to be
a fact that there was a placer of gold. After being satisfied most persons
returned ; some remained, particularly Sonorenses (Sonorians), who were
accustomed to work in placers. They met with good success.
" From this time the placers were worked with more or less success, and
principally by Sonorenses (Sonorians), until the latter part of 1846, when
most of the Sonorenses left with Captain Flores for Sonora.
" While worked there were some six or eight thousand dollars taken
out per annum.
" Very respectfully yours,
" ABEL STEARNS."
It is also a fact fully established that the existence of gold was known
to the aborigines long prior even to this date. Let us turn, however, to
that epoch which has earned for California the name of the Golden State.
.Who does not think of '48 with feelings almost akin to inspiration ?
The year 1848 is one wherein was reached the nearest attainment of
the discovery of the Philosopher's stone which it has been the lot of Chris-
Early History and Settlement of Contra Costa County. 123
tendom to witness. On January 19th gold was discovered at Coloma, on
the American River, and the most unbelieving and cold-blooded were, by
the middle of Spring, irretrievably bound in its fascinating meshes. The
wonder is the discovery was not made earlier. Emigrants, settlers, hunters,
practical miners, scientific exploring parties had camped on, settled in,
hunted through, dug in and ransacked the region, yet never found it ; the
discovery was entirely accidental. Franklin Tuthill, in his " History of
California," tells the story in these words : " Captain Sutter had contracted
with James W. Marshall in September, 1847, for the construction of a saw
mill in Coloma. In the course of the Winter a dam and race were made,
but when the water was let in the tail-race was too narrow. To widen and
deepen it, Marshall let in a strong current of water directly to the race,
which bore a large body of mud and gravel to the foot.
" On the 19th of January, 1848, Marshall observed some glittering par
ticles in the race, which he was curious enough to examine. He called five
carpenters on the mill to see them ; but though they talked over the possi
bility of its being gold, the vision did not inflame them. Peter L. Weimar
claims that he was with Marshall when the first piece of ' yellow stuff ' was
picked up. It was a pebble weighing six pennyweights and eleven grains.
Marshall gave it to Mrs. Weimar, and asked her to boil it in saleratus water
and see what came of it. As she was making soap at the time, she pitched
it into the soap kettle. About twenty -four hours afterward it was fished
out and found all the brighter for its boiling.
" Marshall, two or three weeks later, took the specimens below and gave
them to Sutter to have them tested. Before Sutter had quite satisfied him
self as to their nature, he went up to the mill, and, with Marshall, made a
treaty with the Indians, buying of them their titles to the region round
about, for a certain amount of goods. There was an effort made to keep
the secret inside the little circle that knew it, but it soon leaked out. They
had many misgivings and much discussion whether they were not making
themselves ridiculous ; yet by common consent all began to hunt, though
with no great spirit, for the ' yellow stuff' that might prove such a prize.
" In February, one of the party went to Yerba Buena, taking some of
the dust with him. Fortunately he stumbled upon Isaac Humphrey, an
old Georgian gold-miner, who, at the first look at the specimens, said they
were gold, and the diggings must be rich. Humphrey tried to induce some
of his friends to go up with him to the mill, but they thought it a crazy
expedition, and left him to go alone. He reached there on the 7th of
March. A few were hunting for gold, but rather lazily, and the work on
the mill went on as usual. Next day he began ' prospecting,' and soon
satisfied himself that he had struck a rich placer. He made a rocker, and
then commenced work in earnest.
" A few days later, a Frenchman, Baptiste, formerly a miner in Mexico,
124 History of Contra Costa County..
left the lumber he was sawing for Slitter at Weber's, ten miles east of
Coloma, and came to the mill. He agreed with Humphrey that the region
was rich, and, like him, took to the pan and rocker. These two men were
the competent, practical teachers of the crowd that flocked in to see how
they did it. The lesson was easy, the process simple. An hour's observa
tion fitted the least experienced for working to advantage."
Slowly and surely, however, did these discoveries creep into the minds of
those at home and abroad ; the whole civilized world was set agog with the
startling news from the shores of the Pacific. Young and old were seized
with the California fever; high and low, rich and poor, were infected by it;
the prospect was altogether too gorgeous to contemplate. Why, they could
actually pick up a fortune for the seeking it ! Positive affluence was within
the grasp of the weakest ; the very coast was shining with the bright metal,
which could be obtained by picking it out with a knife.
Says Tuthill : " Before such considerations as these, the conservatism
of the most stable bent. Men of small means, whose tastes inclined them
to keep out of all hazardous schemes and uncertain enterprises, thought
they saw duty beckoning them around the Horn, or across the Plains. In
many a family circle, where nothing but the strictest economy could make
the two ends of the year meet, there were long and anxious consultations,
which resulted in selling off a piece of the homestead or the woodland, or
the choicest of the stock, to fit out one sturdy representative to make a for
tune for the family. Hundreds of farms were mortgaged to buy tickets for
the land of gold. Some insured their lives and pledged their policies for
an outfit. The wild boy was packed off hopefully. The black sheep of
the flock was dismissed with a blessing, and the forlorn hope that, with a
change of skies, there might be a change of manners. The stay of
the happy household said, ' Good-bye, but only for a year or two,'
to his charge. Unhappy husbands availed themselves cheerfully of this
cheap and reputable method of divorce, trusting time to mend or mar
matters in their absence. Here was a chance to begin life anew. Whoever
had begun it badly, or made slow headway on the right course, might start
again in a region where Fortune had not learned to coquette with and
dupe her wooers.
" The adventurers generally formed companies, expecting to go over
land or by sea to the mines, and to dissolve partnership only after a first
trial of luck, together in the ' diggings.' In the Eastern and Middle States
they would buy up an old whaling ship, just ready to bo condemned to the
wreckers, put in a cargo of such stuff as they must need" themselves, and
provisions, tools, or goods, that must be sure to bring returns enough to
make the venture profitable. Of course, the whole fleet rushing together
through the Golden Gate, made most of these ventures profitless, even when
the guess was happy as to the kind of supplies needed by the Californians.
Early History and Settlement of Contra Costa County. 125
It can hardly be believed what sieves of ships started, and how many of
them actually made the voyage. Little river-steamers, that had scarcely
tasted salt-water before, were fitted out to thread the Straits of Magellan,
and these were welcomed to the bays and rivers of California, whose waters
some of them plowed and vexed busily for years afterwards.
" Then steamers, as well as all manner of sailing vessels, began to be
advertised to run to the Isthmus ; and they generally went crowded to ex
cess with passengers, some of whom were fortunate enough, after the toil
some ascent of the Chagres river, and the descent either on mules or on
foot to Panama, not to be detained more than a month waiting for craft that
had rounded the Horn, and by which they were ticketed to proceed to San
Francisco. But hundreds broke down under the horrors of the voyage in
the steerage ; contracted on the Isthmus the low typhoid fevers incident to
tropical marshy regions, and died.
" The overland emigrants, unless they came too late in the season to the
Sierras, seldom suffered as much, as they had no great variation of climate
on their route. They had this advantage too, that the mines lay at the end
of their long road ; while the sea-faring, when they landed, had still a
weary journey before them. Few tarried longer at oan Francisco than was
necessary to learn how utterly useless were the patent mining contrivances
they had brought, and to replace them with pick and shovel, pan and
cradle. If any one found himself destitute of funds to go farther, there
was work enough to raise them by. Labor was honorable ; and the dain
tiest dandy, if he were honest, could not resist the temptation to work were
wages were high, pay so prompt, and employers so flush.
" There were not lacking in San Francisco, grumblers who had tried the
mines and satisfied themselves that it cost a dollar's worth of sweat and
time, and living exclusively on bacon, beans and ' slap-jacks.' to pick a dol
lar's worth of gold out of rock, or river-bed, or dry ground ; but they con
fessed that the good luck which they never enjoyed, abode with others.
Then the display of dust, slugs, and bars of gold in the public gambling
places ; the sight of men arriving every day freighted with belts full, which
they parted with so freely, as men only can when they have got it easily ;
the testimony of the miniature rocks ; the solid nuggets brought down from
above every few days, whose size and value rumor multiplied according to
the number of her tongues ; the talk, day and night, unceasingly and ex
clusively, ' gold, easy to get and hard to hold,' inflamed all new-comers
with the desire to hurry on and share the chances. They chafed at the ne
cessary detentions ; they nervously feared that all would be gone before
they should arrive.
" The prevalent impression was that the placers would give out in a year
or two. Then it behoved him who expected to gain much, to be among
the earliest on the ground. When experiment was so* fresh in the field, one
126 History of Contra Costa County.
theory was about as good as another. An hypothesis that lured men per
petually further up the gorges of the foot-hills, and to explore the canons
of the mountains, was this : that the gold which had been found in the
beds of rivers, or in gulches through which streams once ran, must have
been washed down from the places of original deposit further up the moun
tains. The higher up the gold-hunter went, the nearer he approached the
source of supply.
" To reach the mines from San Francisco, the course lay up San Pablo
and Suisun bays, and the Sacramento not then, as now, a yellow, muddy
stream, but a river pellucid and deep to the landing for Sutter's Fort ;
and they who made the voyage in sailing vessels thought Mount Diablo
significantly named, so long it kept their company and swung its shadows
over their path. From Sutter's the most common route -was across the
broad, fertile valley to the foot-hills, and up the American or some one of
its tributaries ; or, ascending the Sacramento to the Feather and the Yuba,
the company staked off a claim, pitched its te nt or constructed a cabin, and
set up its rocker, or began to oust the river from a portion of its bed. Good
luck might hold the impatient adventurers for a whole season on one bar ;
bad luck scattered them always farther up.
" Roads sought the mining camps, which did not stop to study roads.
Traders came in to supply the camps, and not very fast, but still to some
extent ; mechanics and farmers to supply both traders and miners. So, as
if by magic, within a year or two after the rush began, the map of the
country was written thick with the names of settlements.
" Some of these were the nuclei of towns that now flourish and promise
to continue as long as the State is peopled. Others, in districts where the
placers were soon exhausted, were deserted almost as hastily as they were
begun, and now no traces remain of them except the short chimney-stack,
the broken surface of the ground, heaps of cobble-stones, rotten, half-
buried sluice-boxes, empty whisky bottles, scattered playing cards and
rusty cans.
" The ' Fall of '49 and Spring of '50,' is the era of California history
which the pioneer always speaks of with warmth. It was the free and easy
age when everybody was flush, and fortunes, if not in the palm, were only
just beyond the grasp of all. Men lived chiefly in tents, or in cabins scarcely
more durable, and behaved themselves like a generation of bachelors. The
family was beyond the mountains ; the restraints of society had not yet
arrived. Men threw off the masks they had lived behind, and appeared out
in their true character. A few did not discharge the consciences and con
victions they had brought with them. More rollicked in a perfect freedom
from those bonds which good men cheerfully assume in settled society for
the good of the greater number. Some afterwards resumed their temperate
and steady habits, but hosts were wrecked before the period of their license
expired.
Early History and Settlement of Contra Costa County. 127
" Very rarely did men on their arrival in the country begin to work at
their old trade or profession. To the mines first. If fortune favored, they
soon quit for more congenial employments. If she frowned, they might de
part disgusted, if they were able ; but oftener, from sheer inability to leave
the business, they kept on, drifting from bar to bar, living fast, reckless,
improvident, half -civilized lives ; comparatively rich to-day, poor to-morrow;
tormented with rheumatisms and agues, remembering dimly the joys of the
old homestead ; nearly weaned from the friends at home, who, because they
were never heard from, soon became like dead men in their memory ; see
ing little of women, and nothing of churches ; self-reliant, yet satisfied that
there was nowhere any ' show ' for them ; full of enterprise in the direct
line of their business, and utterly lost on the threshold of any other ; genial
companions, morbidly craving after newspapers ; good fellows, but short
lived."
Such was the maelstrom which dragged all into its vortex now thirty and
more years ago ! Now, almost the entire generation of pioneer miners, who
remained in that business have passed away, and the survivors feel like men
who are lost, and old before their time, among the new-comers, who may
be just as old, but lack their long, strange chapter of adventures.
We will now attempt to give the names of those gentlemen who settled
in Contra Costa, for with the discovery of gold the whole world turned to
wards the mines to seek their fortunes, and as health gave way from ex
posure there, or fatigue caused the wish for a less wearying life to arise,
they hied themselves unto the valleys whose fertility was now fully es
tablished, there to make homes and till farms, finer than which no coun
try in the world can claim. Of course many names are omitted, not from
any fault on our part, but rather from the fact that treacherous memory
remembers them not ; the dates are not so much those of their actual settle
ment, but as they were found by the parties with whom we have conversed.
1847. Elam Brown, Nathaniel Jones, Robinson N. Jones, Napoleon B.
Smith.
1848- Thomas A. Brown, Warren Brown, S. J. Tennent.
184.9 Joseph H. Smith, W. W. Smith, M. R. Barber, Alexander Boss,
David Boss, William C. Prince, William SI usher, Capt. R. E. Borden, John
Beemer, Henry F. Toy.
I860. From the list of voters in Martinez at the first election, besides
a few of those mentioned above, we find the names of F. M. Warmcastle,
Juan D. Silvas, Albert G. Robb, Thomas Allen, W. H. Popple, J. F. Wil
liams, Martine Berryessa, Absolom Peak, Leonard Eddy, John A. Piercall,
Daniel Hunsaker, Thomas S. Dana, J. C. Booram, Angel Soto, Josiah Gor-
ham, John Carnes, William Hendricks, James F. Quin, Jose' Galindo,
Charles J. Mcllvaine, Ira B. Stebbins, P. S. Brownell, Elijah Darling, R. S.
Thomas, William T. Hendricks, H. A. Overbeck, A. T. C. Debast, Napoleon
128 History of Contra Costa County.
Degalon, Nicholas Hunsaker, James C. Hunsaker, Jos. Swanson, A. V. H.
Ellis, William H. Smith, Vicente Martinez, Jose' de J. Martinez, Theodore
Kohler, Lyman A. Hastings, Joseph Rothenhausler, Howard Havens, Wm. K.
Leavitt, B. R. Holliday, H. M. Holliday, William Allen, Francisco Berryessa.
From other sources we hear of Leo Norris,William H. Norris, William Lynch,
Howard Nichols, David Glass, John F. S. Smith, Erastus Ford, Oliver F.
James, Josiah Sturges, B. Hoffman, Capt. Harding, Dr. George Lawrence,
Samuel Russel, H. H. Hartley, the Bodfish family, J. C. McMaster, Capt.
George W. Kimball, S. P. Kimball, Mr. Marshal and son, Mr. Dennison, Dea
con John Pulsifer, Dr. Joseph Pulsifer, O. A. Olmstead, Dr. H. M. Smith.
1851. John Davis, Daniel Seeley, John P. Chrisman, Samuel Moore,
William E. Whitney, Samuel Hodges, John Johnston, John R. Boyd, Abiier
Pearson, the Gillett Brothers, Mr. Sweetzer, Francisco Otoya, Alexander
Moore, Hemy Moore, J. D. Allen, Mr. Evans, John C. O'Brien, Mr. Swain.
1852. Joel Harlan, Antonio P. Silva, Robert R. Fuller, J. W. Gann,
Mark Elliott, Randolph Wight, R. O. Baldwin, August Hemme, William
Meese, Wilson Coats, William M. Wells, Benjamin Shreve, Orris Fales, D. P.
Smith, Benjamin Hodges, Felix Coats, Farmer Sanford and parents, William
Hook, Philip Betz, Manuel Machado, Josiah Shat'er, James Bell, William
Comstock, Zelotus Reed, Carroll W. Ish, John Smith, William Chick, Henry
Russell, William Mendenhall, Wade Hayes, Francis Matteson, Dr. Watts,
Sylvester Degan, Isaac Russell, George W. Haminett, James H. Gorham,
Edward Taynton, Mr. Kirker, Asa Bowen, Frank Lightson, Frank Such,
the Strode family.
1853. Milo J. Hough, James T. Walker, John L. Labaree, Cornelius
Garely, George W. Yoakum, Dr. Samuel Adams, Solomon P. Davis, Charles
V. Smith, Richard Mills, David F. McClellan, Isaac Smith, Charles N. Wight,
Charles J. Pramberg, Jeremiah Morgan, John Baker, William W. Cox, Will
iam Z. Stone, Samuel S. Bacon, Richard R. Hall, George S. Potwin, Hiram
P. Hardy, John W. Jones, Smith Ashley, Frederick Babbe, Robert G. Dean,
Alonzo Plumley, James Stewart, Henry M. Hollenbeck, Edwin W. Hiller,
B. F. Merle, John B. Smith, David P. Mahan, Lawrence Geary, Socrates
Huff, L. C. Wittenmyer, B. Alcorn, Jones, Lane and Beemer, David Hodge,
Isaac Hunsaker, Wesley Bradley, Ira True, Dr. Turner, Richard Ferguson,
Andrew Inman, Daniel Inman, Isaac N. B. Mitchell, John Mitchell, James
M. Thomson, John McDonald, H. Lock, James Henderson, Frank Somers,
Ezra Clark, George Clark, Charles Clark, G. W. Brown, Mr. Wescott, Dr. E.
F. Hough, Mr. Pennirnan, Mr. Seymour, Myron and John Gibson, Robert
McPherson, the Smith family, Mr. Marble. Ben. Hockabout, Hank, Henry
and John Davis, Mr. Vandermark, Mr. Barnheisel, Ed. Legrand, Ambrose
and James Toomey, Majors Allen and Loring, Quartermaster's Department,
U. S. A., on what was called the Government Ranch, Mr. Bishop, Mr. Van
Ryder, Mr. Hilshin, J. H. Johnson, Charles L. Bird, G. L. Walrath.
Early History and Settlement of Contra Costa County. 129
1854- Gardner M. Bryant, Manuel G. Aguiar, Jesse H. Williams, Ber
nardo Fernandez, Joshua Bollinger, M. Cohen, James M. Stone, Martin
Woolbert, Calisto Navas, Theodore Downing, John H. Haseltine, Solomon
Newberger, H. C. F. Dohrman, Francisco Galindo, Col. W. W. Gift, William
Southard, Ellis Flynn, Jackson Gann, Wilson Gann, John Courter, Jack
Allen, Edward Curry, George and David Meacham, John Merrill, William
Brown (a preacher), Samuel Hilstrom, Newton, Asa, Simeon and Philo
Woodruff, John Serf, M. Wertheimer, Mr. Knowles, John and Robert Ken
nedy, Capt. James Gill, Timothy Ingles, Mr. Isham, Major and William
Dowling, Ira Graver, Walter Mills, Captain Black.
1855. Thomas Flournoy, William B. Rogers, William B. May, George
W. Hauxhurst, Munson Gregory, Barnes Holloway, Austin Dorman, James
Curry, Edwin Morgan, Simon Blum, W. A. J. Gift, Franklin Hostetter,
David Carrick, Philip Sage, John Johnston, James McNeil, Joshua Marsh,
John H. Weber, T. C. Finney, James Clark, Henry and Peleg Briggs, David
Goodale, Henry Benson, John Wilcox, Mr Peck, John Galvin.
1856. Peter Lynch, Martin Homburg, Nicholas Kirkwood, M. W. Hall,
D. N. Sherburne, Charles E. and Nathaniel S. Howard, Albert Sherburne,
Thomas Z. Witten, Justin M. Goodale, Homer S. Shuey, Alpheus Rich
ardson, William Morgan, Michael Lawless, Mathew Mulcahy, James Mc-
Harry, Azro Rumrill, Dr. Carothers, Charles Rhine, the Stranahan Brothers.
1857. Andrew Abrott, John Nicholl, William R. Forman, Walter Ren-
wick, James Gay, Daniel S. Carpenter, William H. Dukes, Joseph Wiley,
John Larkey, Thomas Johnson, Thomas Litchfield, Commodore B. Notting
ham, George P. Loucks, James Foster, Daniel R. McPherson, R. B. Hatha
way, George Betz, Augustine Barrao, Michael Kearny, Phillip Hermann,
William H. Martin, Weatherby & Poole, John Proviso.
1858. John C. Peterson, Charles Close, Frederick L. Hamburg, Albert
W. Stone, Syranus Standish, Thomas W. Sturges, George Cople, Ferdinand
Hoffman, John Sproll, M. B. Ivory, James F. Harding, Frank Webb, David
S. Woodruff, Joseph Boyd, Michael Kirsch, William Ellis, John G. Chase,
Christian Hoffman, Andrew Portman.
1859. Daniel Clancy, William Newman, G. H. Scammon, John A.
Shuey, Thomas B. Jenkins, George M. Frazer, Seeley J. Bennett, Peter
Thomson, S. W. Johnson (who passed through the county in 1846), Henry
M. Hale, J. A. Littlefield, Henry Blume, William Krieger, Rev. David Mc-
Clure, Ransome Woods, Solomon Perkins, John Gibson, Christian Leeming.
I860. James M. Stow, Henry Policy, David G. Bartnett, William Rice,
William Gilchrist, John S. Moore, Ludwig Anderson, Frederick Wolf, Thos.
P. Tormey.
The first town to be laid out within what are now the confines of Contra
Costa county was that of Martinez, the second was IS[ew York of the Pa
cific. Histories of both these places will be found* within these pages,
130 History of Contra Costa County.
therefore it will not be necessary to enter into the details of their founda
tion here; suffice it to say that they were both surveyed in the year 1849.
Let us rather proceed at once to the year 1858, when the Contra Costa
Gazette was established, and from its pages cull what matters of interest
there may be which do not especially belong to the history of any of the
townships into which the county is now divided.
On September 18, 1858, the first number of that periodical was issued
with the promise that it should be published every Saturday morning in the
village of Martinez, the proprietors being W. B. Soule & Co. In the por
tions devoted to advertisements we find that E. H. Bryan, L. H. Hastings,
A. Hersey, J. W. Sanborn, S. Blum & Brother, and E. Lasar were all estab
lished in business on Main street ; the Alhambra Hotel and Restaurant
flourished at Park place, and was then, as it is now, conducted by Josiah
Sturges. A livery stable was run by James 0. Hunsaker and John M.
Rountree, while Charles A. Ruggles, M. D., signified his desire to see
patients at the office of Captain Sylvanus Swain. The Morgan House was
at that time in possession of George F. Worth, while Dr. John Tennent had
his drug store between Main street Bridge and the Alhambra Hotel. It
will thus be inferred that Martinez in the first ten years of its existence
had become a place of some pretensions, while, from the report of the
Superintendent of Schools, published in the month of December, we learn
there were twelve hundred and ninety-one children in the county, but only
three hundred and fifty-eight of them attended the public schools.
The knowledge of the existence of the baser metals was possessed by
the pioneers of California, wh'ile the wonderful wealth 'which has trans
formed the wilderness into a garden and decaying pueblos into commercial
cities, was sleeping in our hills and ravines. But with this knowledge there
existed a great anxiety lest the mineral upon which the value of all the
others depended should not be found in our soil.
Without coal it was perceived by the early founders of the State, the
rich and extensive mines of iron, lead and copper which they knew abounded
in our mountains, would be next to valueless. Accordingly, while the
earliest adventurers after precious metals were following up the search,
which began on the discovery of gold at Coloma, the more practical and
really far-seeing explorers were looking for ledges on our Coast Range.
Though they were rewarded by the most hopeful signs, and in more than
one instance, by actual demonstration, that their search had been success
ful, it was reserved for a period when the discovery of coal could be
turned practically to advantage, to make known the value and abundance
of its supply ; and it will be remembered in after years as among the
earliest fruits of the geological survey of the State, that it developed the
existence of coal-beds in our mountain-ranges, the importance of which can
scarcely be estimated.
Early History and Settlement of Contra Costa County. 131
In the Contra Costa Gazette of December 11, 1858, we find that Messrs.
Rountree, Walker and Dickson discovered coal on November 24, 1858,
about half way between the base of Mount Diablo and Antioch, and distant
from the River San Joaquin about five miles. This was situated nearly
two miles from the vein discovered by Mr. Israel. It would thus appear
that this discovery of Mr. W. C. Israel was made during that year, and the
manner of his finding the vein was while cleaning out a spring on his land
at Horse Haven, six miles south of Antioch. In connection with his father
and brother George, he opened the vein for a short distance, but not having
capital to work it, they disposed of their interest to James T. Watkins and
Noyes, who, either from want of knowledge or capital, failed in open
ing the vein so as to make the working of it successful. They abandoned
the mine in 1861, since when it has not been opened. On December 22, 1859,
about three miles and a half from Horse Haven, Frank Somers and James T.
Cruikshank discovered the vein of coal which has since become so well
known as the Black Diamond vein. Somers, Cruikshank and their asso
ciates, H. S. Hauxhurst and Samuel Adams, located the lands which were
afterwards known as the Manhattan and Eureka Coal Mines. George
Hauxhurst, George H. P. and William Henderson, in company with Frank
Somers, opened the cropping of the same vein, on what was afterwards
known as the Black Diamond and Cumberland mines; but, believing that
the expense of making roads was beyond their means, they made no at
tempt to secure title. The Black Diamond Mine was shortly after located
by Noah Norton, and the Cumberland then went into the hands of Frank
Such and others. Those lands, with others adjoining, have since become
noted as the Black Diamond Coal Mines. Frank Such disposed of his in
terest in the Cumberland Mine to C. T. Cutler, Asher Tyler, Josiah Sturges
and L. C. Wittenmyer, all of Martinez. It was from their efforts and means
that the Cumberland Mine was successfully opened and worked, and roads
constructed from it to the town of Clayton and New York Landing. They
also assisted Noah Norton to open the Black Diamond Mines. The Pitts-
burg Mine, east of the Eureka, and towards Horse Haven, was located by
George H. P. Henderson, who entered into a contract with Ezra Clark to
open the mine, in the opening of which the vein of coal known as the Clark
vein was discovered. The Central Coal Mine, east of the Pittsburg, was
located by John E. Wright. The year following, William B. Stewart be
came connected with it. The Union Mine, north of the Manhattan, was
located by George Hauxhurst. The Independence Mine, north of the Eu
reka, was purchased from Major Richard Charnock by Greenhood and
Newbauer. The Empire Company opened in 1876. They have a magnifi
cent vein of coal. It is six miles south of Antioch, and within three-fourths
of a mile of the first opening made on the coal veins by the Israels. Open
ings on the veins from that mine to the Brentwood Coal Company's works,
132 History of Contra Costa County.
on the Marsh Grant, show an abundance of fuel, enough to last for many
generations.
The coal mining interest is one of the most important in Contra Costa
county, and has already built up the towns of Somersville, Nortonville,
Black Diamond (New York), and Pittsburg Landing. It has added greatly
to the importance of Antioch, as well made the little towns of Judsonville
and Stewartsville.
The Gazette thus describes a visit to these mines : " The tunnels of all
these mines are high enough for an ordinary-sized man to stand erect, and
about five feet in width. They generally run horizontally into the earth,
and cars loaded can be pushed by hand to the mouth of the tunnel, where
they are collected into a train and taken by rail to shipping points, which
are now as follows : Antioch, New York Landing and Pittsburg Landing.
" The whole scene of mining operations, as it shows itself below the
ground to a stranger entering these tunnels for the first time, is singular
and interesting, not to say startling. The solid veins of black coal which
are seen alternately above on one side and below on the other, sparkling
under the guide's dim light, the distant lamps fastened to the caps of the
miners at their work, and the ever-changing glimpses had of these moving
glow-worms, while the pick-ax is steadily sending forth its clicking noise,
and the heavy rail-car with coal comes rumbling towards, or goes retreating
from one, or stands giving up its dull, coffin-like sound, as the broken frag
ments of coal fall slowly into it from the dark descending passages on the
sides of the tunnel, all combine to give a weird and wonderful aspect to the
entire view of the unaccustomed visitor. If he goes still farther into the
innermost recesses of the mines, by climbing out of the tunnel up through
one of the many chutes or side openings down which the coal is made to
slide into the carrying cars, and enters into the ' breasts,' as they are called,
of mother earth, whence is first drawn the black fire-food for consumption ;
the view of the narrow entrance and of the narrow space between the floor
and the ceiling of the wide series of rooms into which he enters, and the
jagged rocks overhead, everywhere propped up by firm, short posts, just as
fast as the coal is hammered out, and the further view of the many miners
here, who, although unable to stand or sit upright, yet, in a reclining pos
ture, and by the light of their feeble head-lamps, still cease not to handle
the never-tiring pick-ax ; all these views will strike the beholder with a
still further sense of wonder and amazement, not to say of awe and mys
tery. And if, while crawling along on hands and knees through these low
but long and wide warehouses, where nature has for ages stored her treas
ure-beds of coal, he happens to think what a shaking of things a little earth
quake might cause down there, his feelings of awe and sense of mystery
may easily be deepened into an unquiet restlessness not far removed from a
semi-sentiment of fear."
Early History and Settlement of Contra Costa County. 133
While on the matter of mining it must be mentioned, although the sub
ject is a thing of the past, that in the year 1863 a great excitement was
created by the discovery of copper in Contra Costa county, and one really
worthy of the " good times " in mining districts. All at once, nobody could
tell why, a grand copper excitement arose, which permeated the whole com
munity. It was reported by various parties that the mountains were full
of the ores of copper, of untold, because of unknown, richness. Simultane
ously with this grand discovery every unemployed man turned prospector.
Blankets and bacon, beans and hard bread, rose to a premium, and the hills
were lighted up at night with hundreds of camp fires. Hammers and picks
were in great demand, and there is ocular evidence even to this day that
not a boulder nor projecting rock escaped the notice of the prospectors. It
was a question of probabilities, which were bound soon to harden into cer
tainties. Indeed, it was only a short time before copper prospects were
possessed of a denned value. Claims were opened, companies formed, and
stock issued on the most liberal scale. Everything was couleur de
rose. As usual upon similar occasions, there was a great strife about claims.
Some were "jumped" on the ground of some informality, twice in twenty-
four hours. Heavy prices were paid for " choice " ground, and it is quite
safe to say that old Mount Diablo's sides and summit have never since borne
such an enormous valuation. It seemed as though the whole community
had been bitten by the mining tarantula.
The excitement lasted for several weeks, and grew hotter and hotter.
Scores of men, laden with specimens, thronged the hotels and saloons, and
nothing was talked of but " big strikes " and " astounding developments."
Clayton was the center of these mining operations, and town lots sold
at high prices. The ruling prices, for " Pioneer" was $4, "Eureka " $3.50,
etc. Hundreds of companies were formed, and each had hosts of advocates.
Shafts were sunk, and some ore obtained, and, according to one assay, " there
was $48.33 in gold and $243 in silver to the ton ! ! " The first shipment of
ore to San Francisco was in September, 1863, of one ton from the Pioneer
claim. Smelting works were erected at Antioch, and the following prices
offered: For copper of 8% in quality, $15 per ton; for 12% quality, $25
per ton.
Men of experience and practical skill partook of the illusion. All at
once the bubble burst. The millionaires of the day left their rude camps
in the mountains, and, with ragged breeches, and boots out at the toes, sub
sided at once into despondency and less exciting employment. The saloon
and hotel keepers, saying nothing of the editors, proceeded to disencumber
their premises of accumulated tons of specimens of all kinds of " shiny
rocks " to be found within an area of thirty miles square making a con
siderable contribution to the paving material of the streets.
In the month of March, 1860, L. H. Hastings discovered silver on the east
134 History of Contra Costa County.
side of Mount Diablo. As soon as the story got wind, symptoms of excite
ment were developed and a party of twenty or thirty individuals quickly
started for the new diggings, where claims were located covering some
twenty-seven thousand feet of ground. Besides, regulations were adopted
for the government of the mines, and an assessment levied for the purpose
of further prospecting in the hope that a lead would be found which might
be profitably worked. It has yet to be found.
Several varieties of the pigments necessary for use in art, some of which
have always been imported from Europe, were in the year 1862 ascertained
to exist in the ledges of the deposits of native paint. The volcanic char
acter of the geological formation of the portion of California now under
notice would naturally lead to the anticipation that the same earth found
in Sicily and Italy, near Mount Etna and Mount Vesuvius, might probably
be found in the country at the foot of Mount Diablo. These anticipations
were verified in part by the discovery of such deposits by Doctor E. F.
Hough of Martinez. He spent much time in testing and examining the
various deposits he had found in the earth ; at considerable expense he per
severed in his investigations and was so far partially rewarded. The paint
deposits discovered were situated about two miles from the town of Mar
tinez on the bank of the El Hambre creek, at the foot of a high hill,
between the houses of Doctor J. Strentzel and M. R. Barber, and on the
land of the latter gentleman. They were found lying in ledges extending
into the earth under the hill, the out-croppings of which alone are visible
on the surface of the ground near the aforesaid creek. They varied from
ten to twenty feet in width, and of unknown length and depth. At least
four of the principal colors were found, viz : red, yellow, green and blue.
In March, 18G3, the machinery for a grinding-mill was procured, but the
industry was never fully prosecuted.
In the latter part of the year 1862, petroleum was discovered near
Antioch, and several claims taken up. Coal oil was also found in 1868 on
the ranch of Doctor Carothers, about two miles west of Pacheco. Oil wells
'
were discovered about three miles from San Pablo, and not less than twenty-
five thousand dollars were spent in experiments, fixtures, oil tanks, retorts,
distilleries, etc., but from all these discoveries oil in paying quantities could
not be obtained.
During the latter part of 1862, the hot salt springs near Byron were
brought to the notice of the public, though the discovery had been made
many years previously. A company was formed to make salt therefrom,
but we do not learn that any real work was ever done.
As long ago as the year 1850 a very productive lime quarry was discov
ered about one mile from Pacheco and six from the mouth of Mount Diablo
creek. They were the first found in the State, and were very profitable.
They were long the property of F. L. Such & Co., but are now unoperated.
Early History and Settlement of Contra Costa County. 135
On January 1, 1859, a meeting of the citizens of Contra Costa county
was convened at Lafayette, when the Contra Costa Agricultural Society was
formed, and a committee appointed to draft a constitution, rules, etc., the
gentlemen serving being: C. T. Cutler, Martinez ; J. W. Venable, Lafayette;
"W. J. Caldwell, Ygnacio Valley ; John O'Brien, Antioch ; John Galvin, San
Pablo; Jesse Bowles, San Ramon ; Samuel Shuey, Moraga Valley ; Mr. Pen-
niman, Pacheco Valley ; Mr. Fassett, Pacheco. The President of the meet
ing was Nathaniel Jones, and Charles Bonnard, Secretary. The rules and
constitution were adopted at a meeting held January loth, at the Walnut
Creek House, and the following officers of the society elected : President, L.
I. Fish, Martinez; Vice-Presidents, Daniel Small, Lafayette; Corn. T. Cutler,
Martinez ; E. H. Cox, Alamo ; George P. Loucks, Pacheco ; William J. Cald
well, Ygnacio ; John O'Brien, Antioch ; Samuel Shuey, Moraga ; J. D. Allen,
Diablo ; Samuel Tennent, Pinole ; William O'Connell, San Pablo. Record
ing Secretary, H. H. Fassett of Pacheco ; Corresponding Secretary, L. M.
Brown of Lafayette ; Treasurer, John M. Jones of Alamo. The first county
fair under the auspices of the society was inaugurated October 11, 1859,
when an excellent exhibition took place, and handsome premiums were
awarded in every department. On the 12th a lengthy and eloquent address
was delivered by Hiram Mills, Esq., in the Court-house. The society flour
ished apace, and on September 19, 1861, built the pavilion at Pacheco,
its dimensions being sixty by forty feet.
There died and was buried, January 26, 1859, County Treasurer R. E.
Borden, aged fifty-one years. He was one of the pioneers of the county,
and had filled his office acceptably to the citizens.
In the year 1860 the tunneling of the range of hills between Oakland
and Moraga Valley, to afford communication between the two points with
out going over the mountainous road, was mooted by residents of Alameda
and Contra Costa counties. To effect the purpose in view it was proposed
to form a joint stock company, to be called the San Antonio and Alamo
Turnpike Company. For ten years the subject would appear to have
remained in abeyance, but in 1871 the enterprise once more commenced to
attract attention but let us explain to our readers the outline of the
scheme : Starting from the city of Oakland, Alameda County, Broadway
is followed out to the foot-hills, thence turning to the right and near the
residence of the late J. Ross Browne, over slightly rising ground, the tunnel
road proper should commence, running through .the summit. Five hundred
feet of excavation would bring the enterprise out at the other side, in Con
tra Costa county, and thence the road would continue down San Pablo
creek, emerging from the canon not far from the village of Lafayette. We
believe this matter is still being urged. The main purpose of the road is to
bring the trade of a large and productive portion of Contra Costa to Oak
land. Were the road in operation, it is contended that that city would be
136 History of Contra Costa County.
the nearest point at which the farmers of the county could reach tide-water,
instead of going to Martinez, or climbing the mountains between the Bay
and the center of Contra Costa. The route was first discovered and the enter
prise projected by Captain Card, who, by dint of much talking, persuaded some
of his wealthy neighbors to look into the project, which seemed impractic
able. A franchise for a toll-road was granted to Messrs. Card, J. B. Mason
and Socrates Huff, but afterwards these parties surrendered their right to
Messrs. Potter, Weston, McLean, Durant and others. Though the scheme
is still being pressed we fear the line of the San Francisco and Nevada
Railroad, which is to tap the district desired by Oakland, will interfere
considerably with the views of the Tunnel Company.
The year 1861 saw two more of Contra Costa's most prominent citizens
pass the Dark River. The Gazette of February 20th states that the funeral
of the deceased Captain Hiram Fogg was one of the most imposing ever
witnessed in the county. It continues its remarks on that gentleman as
follows : " Respected and esteemed by all who knew him in life, and
missed and mourned in death, Captain Fogg has passed to ' the undiscovered
country, from whose bourne no traveler returns.' May he rest there
in peace ! Few men have won a higher place in the estimation of their
fellows, few have left behind them a clearer record, and doubtless in that
great and solemn day, when the grave shall give up its dead and the Book
of Life be opened, his name will be found inscribed in living characters on
the blazing scroll of immortality." He was born in Massachusetts in the
year 1816 ; served with credit during the Mexican war as Lieutenant and
Captain, in the Massachusetts regiment; removed to California in 1849,
and in the following year settled in Martinez, where he passed the remain
der of his life. He was twice elected to the office of County Treasurer,
which, together with the office of Postmaster, he held at the time of his death.
On March 1, 1861, died A. R. Meloney. This gentleman represented Con
tra Costa county in both branches of the State Legislature, and in 1858 was
elected to the high position of State Controller.
Most of the residents of the county will long remember the floods of
1862. On Sunday, January 4th, it commenced raining and culminated on
the llth in a flood exceeding in depth the traditionary one of 1852. The
destructive inundation of the above date was the most severe and wide-spread
of any ever witnessed in the State since its occupation by Americans, and
brought untold distress into many sections hitherto wholly exempt from such
calamitous visitation. In describing the havoc done the Gazette says : " Not
only the valleys and farming regions, but the hills and mountains and the min
ing districts have suffered immensely. The flumes and aqueducts and struct
ures of different kinds, indispensable to success in mining, have been swept
away in the sudden rush of waters. Often, too, the dwelling places of the
miners, no less than the bridges of the mountain streams and the roads
Early History and Settlement of Contra Costa County. 137
that cross the mountains, are sadly injured, even when not totally destroyed.
But the valley lands have been the scene of the greatest devastation. The
damage everywhere in the county has been great and distressing, while in
the vicinity of the coal mines snow fell to a depth of six inches, and enor
mous land slides took place in their neighborhood." Ten years later in
1871 the San Ramon, Pacheco, Alamo, and other valleys were much dam
aged by another devastating flood ; happily the third decade brought none.
We have now a long list of deaths of public men to recount; a sad duty,
but one which we should not flinch from in a work that purports to be a
County History.
On Wednesday, June 25, 1863, James B. Abbott, an old resident and
Surveyor of the county in the years 1860 and 1861, was on his way from
the Redwoods in a wagon, with a companion, en rouute to Pacheco. Before
arriving at that village, Mr. Abbott was seen to fall backwards suddenly,
and, upon the team being stopped and his condition examined, he was found
to be lifeless. Mr. Abbott is described as a man of quiet deportment, unpre
tending in his manner, and much esteemed by those who were on terms of
intimacy with him. He was a native of Orange county, Vermont. On Jan
uary 16, 1864, there died the Rev. Wm. L. Shepard, father of County Judge
Mark Shepard, who came to California in 1850, but it was not till ten years
later that he arrived in Contra Costa county. His health had been feeble,
and he died, aged sixty-five years. On Saturday, September 17, 1864, there
died John G. Tilton, a gentleman much respected in the county. Of his
demise, and its immediate cause, the Gazette remarks : " It seems that a
large party of ladies and gentlemen, among whom were the deceased and
his family, were on a pleasure excursion in Pine Canon, on the 15th instant.
In traversing a rugged and broken portion of their route they encountered
a deep ravine, over which they wished to pass their wagon. For this pur
pose a rope was attached to the vehicle, and the united strength of several
persons was applied to ease it down the bank. As the wagon struck the
bottom, the jar discharged a loaded rifle which it contained, and the
ball, after passing through the seat and some articles of clothing, struck
Mr. Tilton, who stood on the bank some fifteen feet distant, and with others
was holding on to the rope. The handle of his watch and a portion of the
case were torn off, and the ball thence passed into his bowels." As the na
ture of the wound did not admit of his removal, he was made as comfort
able as possible by his companions, and surgical aid summoned immediately,
but after a full examination it was decided that from the direction the ball
had taken its extraction was impossible, and there was little or no hope of
his recovery. The spot where the accident occurred was far from his home,
and two miles from any practicable road ; any attempt at removal was
therefore deemed certain to hasten the approach of v death ; consequently, a
tent was erected over his prostrate form, and there, in that wild spot, in the
138
History of Contra Costa County.
presence of his devoted family and faithful friends, he met his fate, in the
full possession of his faculties, conversing freely with all until the Grim
Reaper claimed him.
The event of greatest moment that occurred in the year 1865 was, un
questionably, the assassination of Abraham Lincoln in Ford's Theater, Wash
ington, District of Columbia, by John Wilkes Booth, on the evening of the
14th April. Sixteen years later, July 2, 1881, another and more atrocious
deed of the blackened heart of the assassin called one more President of the
Union to cross the Dark River. In Abraham Lincoln and James A. Gar-
field, civilization lost two of its chiefest ornaments. Perhaps no such dual
calamity had ever occurred before to any nation ; is it a wonder then that
the whole land was twice flooded with tears, and each mourned as if for a
father ! In Contra Costa the intelligence of these deeds were received with
every public demonstration of grief, while appropriate resolutions were
passed, and ceremonies observed.
The following beautiful lines on the death of President Lincoln from
O
the gifted pen of Sister Annie Fitzgerald, of the Convent of Notre Dame,
San Jose, would appear to be equally fitted to that other dastardly deed,
and may appropriately find a place here :
Has he fallen, our Country's Ruler?
Has he fallen, our Country's Chief ?
'Mid the gloom of a Nation's mourning,
And the wail of a Nation's grief.
Has he fallen, our Country's Ruler ?
hearts that have bled and must bleed.
Has he fallen in the hour of his triumph,
And the hour of our sorest need ?
Has he fallen, whose hand hath guided
Our ship through the raging waves,
Till the roar of the battle's tempest
Died low o'er its mound of graves ;
Till the clouds from our skies seemed sweeping,
And the seething billows to cease,
And the light of a happier future
Dawned bright on the shores of peace ?
Has he fallen, our Country's Chieftain ?
Aye, Patriot souls, to-day,
The heart in his generous bosom
Lies cold as the pulseless clay.
Oh ! the ban of a Nation's hatred,
And the blight of a Nation's woe,
And the curse of a Nation's vengeance
On the hand that has laid him low.
On the hand with its fiend-like malice,
On the heart that the crime hath nursed,
On the life of the base assassin,
Let the lowering tempest burst.
Shame, shame on the soul and manhood
Of even his veriest foe,
That grudges his deadliest scorning
To the dastard that dealt the blow.
Aye, the wrath of a widowed Nation
Be poured on the guilty head ;
But shame not the name of the millions
With the blot of a crime so dread.
With the blot of so dark a murder,
With the curse of the hearts that bleed.
Nay, even the cheek of treason
Must blush at so foul a deed.
Droop lower, sacred banner I
Droop lower thy folds to-day ;
For the crimson blood of our Chieftain
Hath hidden thy stars away.
Droop lower, O mourning banner !
Droop low o'er our Country's breast;
O'er the North in its widowed glory,
And the orphaned East and West.
Droop low o'er the wrongs and sorrows,
And the hopes that are passing away ;
Toll drearily, bells, your sad dirges,
Toll drearily, bells, to-day.
Pour out the deep voice of your tidings,
sonorous cannon's deep mouth !
Weep, weep o'er our loss and thy future,
Thy bitterest tears, South.
Early History and Settlement of Contra Costa County. 139
For never a kindlier foeman, Weep, North, in thy widowed glory,
And never a truer chief, For the heart that hath loved thee best,
Hath passed from a Nation's anguish And wail o'er your martyred father,
'Mid the wails of a Nation's grief. O, orphaned East and West.
Wail, wail for the clouds that gather
So dark o'er our stormy way ;
He has fallen, our Country's Ruler,
He has fallen, our Country's Stay.
The last demise we have to notice at this time is that of ex- Sheriff
J. C. Hunsaker, who was lost in the ill-fated steamer Brother Jonathan
off the coast of Oregon, July 10, 1865.
We find that on September 22, 1865, a fine and Efficient body of cavalry,
known as the Contra Costa Guards, commanded by Capt. Tewksbury, para
ded at the County Fair to the perfect satisfaction of those present.
Francisco Caravantes, who, some fifteen months before, had escaped
from the county jail at Martinez, where he was awaiting sentence under
two charges of grand larceny, was captured by under-Sheriff Swain and
Deputy McGrath, on September 30, 1866, fifty miles beyond Firebaugh's
Ferry on the San Joaquin. He was again lodged in jail on the 10th of
October. This man Caravantes was a cunning, shrewd, courageous fellow,
and was the " brains " of the honorable company of " free agents " that in
fested the hills of the Contra Costa for so long a time. So did he manage
to cover up his tracks after breaking jail, that not the least clue to his place
of refuge was discovered for several months.
About three weeks before his capture a hint was passed that Caravantes
might be found somewhere near the head- waters of the San Joaquin river,
about three hundred miles from Martinez. An overland expedition for
pursuit was thereupon fitted out under the direction of under-Sheriff
George A. Swain, accompanied by John McGrath. This party proceeded
for several days, traversing the lonely region of country lying to the west
ward of the San Joaquin, until they arrived at the old Frebold's Ferry in
Fresno county. At this place they ascertained that they had gone beyond
their game some seventy or eighty miles ; they therefore crossed to the east
side of the river and came down into Merced county, where they ascer
tained that Caravantes and five or six of his companions were encamped at
a short distance, and near the Mariposa creek. The party then proceeded
on foot, cautiously, until they came, unseen and unsuspected, within a few
rods of the " agencies " encampment, when Swain and McGrath both lev
eled their repeaters at short range upon the " agency," Swain calling out to
Caravantes by name to surrender ; whereupon came the reply : " Don't
shoot, George, you can have us ! " Caravantes was thereupon taken,
shackled and brought to Martinez. He was tried before Judge Shepard,
October 24, 1866, and sentenced to five years in all, in the State Prison.
The ever-to-be-remembered earthquake of October 21, 1868, was felt
severely in all portions of the county except Antioch. The heavy tower
140 History of Contra Costa County.
of the Marsh " Stone House " was partially destroyed, breaking down the
portico in its fall. At Somersville, Nortonville and Clayton, chimneys were
thrown down^and household goods generally much damaged. At Walnut
Creek, Alamo, Danville and San Ramon the shock was particularly severe.
The upper front and rear walls of the two story brick building at Alamo,
owned by the Masonic Lodge, was thrown down, while the one story brick
store belonging to Mr. Peel at Danville lost a portion of its front wall. At
Martinez and Pacheco, the damage was also very extensive.
There died at Martinez, January 23, 1869, Marshall S. Chase, aged forty-
six years. Mr. Chase was born in Maine, and graduated at one of the col
leges of that State ; he afterwards went through the course of study at the
Harvard Law School, graduating with distinction, and entered with fine
prestige and promise upon the practice of his profession in Boston. About
1852-53 he came to California, and after practicing a while in San Francisco,
finally settled in Martinez, where he died. Of Mr. Chase the Contra Costa
Gazette says : " It is not with ordinary feelings that we undertake the
duty which devolves upon us of noticing the demise of the friend and
fellow-citizen, who, during a residence of fourteen years in this county
has commanded recognition of all, as the man among us of finest intellect
ual gifts and attainments. Such gifts and attainments as qualified him not
only for high rank in the legal profession of which he was a conspicuous
member, and for honorable distinction in any sphere of private or public
duty, but also for most instructive and interesting companionship. And
none who have enjoyed a companionship that brought them into intimate
contact with the best thought and life of the now silent friend can fail to
cherish the memory of such a privilege to allow themselves to believe that
they have seen the best, that is to be, of life and thought." On April 30,
1869, during the session of the Fifteenth District Court, Hon. S. H. Dwi-
nelle, Judge, the following resolutions, moved by Thomas A. Brown Esq.,
were unanimously adopted and spread upon the minutes of the Court :
"WHEREAS, It has pleased the Supreme Ruler of the Universe, by the
dispensation of his providence, to remove, by death, from our midst, MAR
SHALL SPRING CHASE, ESQ., a member of this Bar ; and,
"WHEREAS, As a member of this Bar, he held a high position among his
brethren, and among the citizens was esteemed for his high sense of honor
and gentlemanly bearing with all men ; and as a lawyer, stood in rank
among his professional brethren first for his legal learning and ability,
and at the Bar for eloquence unequaled by few and surpassed by none.
Therefore,
" Resolved, That we deplore the sad event, not only as an individual be
reavement, but as a general loss to this community.
" Resolved, That in his decease this Bar has lost one of its brightest or
naments, and the law one of its ablest and most eloquent exponents.
Early History and Settlement of Contra Costa County. 141
" Resolved, That in the early departure of one whose ripening gifts of
intellect and knowledge of the law gave promise of such advancement in
the future, the cause of learning and the true appreciation of the law has
sustained a heavy blow.
" Resolved, That we sympathize with the widow of our late deceased
brother, in the loss of a kind and amiable husband.
" Resolved, That a copy of these resolutions be presented to the bereaved
widow and relatives of our deceased brother, and that they be spread upon
the minutes of this Court."
Judge Dwinelle responded feelingly to the remarks with which the re
solutions were offered, granting the motion for their entry upon the min
utes, and for the adjournment of the Court in respect to the memory of the
deceased brother, Marshall Spring Chase.
On April 17, 1869, we notice the appointment of Felix A. Mathews,
County Assessor for Contra Costa, to the position of Consul for the United
States at Tangier, in the Empire of Morocco. Having been born in that
country, and speaking its language, Mr. Mathews was deemed well-fitted
for the position to which he was specially recommended by Admiral Farra-
gut, under whom he had seen service on the Mediterranean station.
Andrew J. Markley, called by the suffrages of his fellow-citizens to the
duties of an important official position, upon the discharge of which he en
tered only about two months before his death, removing then from his
former residence at Somersville to the county seat, died at Martinez, May 2,
1869, after a painful and final struggle with a fatal disease.
On Sunday, April 30, 1871, a serious affray occurred in Moraga Valley,
that resulted in the arrest of James Steele and George Yoakum on the
charge of assault with firearms upon several members of the Moraga family.
It is reported that some fifteen or twenty rifle shots were fired by the
assaulting party, three of the shots taking effect upon and killing a horse
ridden by one of the Moragas. The affray is understood to have arisen from
a dispute as to the rightful possession of lands originally owned and until
a short time previously occupied by the Moragas, but claimed by Carpentier
and Yoakum under judicial decrees. This was followed on November
23rd by another disturbance between John Prairie, a man employed by
the Carrick Brothers, and another man on the ranch of Daniel McGlynn,
about some stock, during which a pistol was fired at the first named
individual, the offender decamping immediately after the affair. With
these, displays of temper, however, the troubles ceased not. On April
27; 1872, the dispute was renewed, when Isaac Yoakum was shot, though
not killed. Happily, these unpleasantnesses are all now settled, and the
war-hatchet been forever buried.
During the early months of the year 1872 a,vscheme was concocted
whereby a new county should be formed from the section of country lying
142 History of Contra Costa County.
east of Bay Point, along the San Joaquin River, together with Sherman
Island, thereby threatening to deprive Contra Costa county of a large share
of her territory. Of this motion the Contra Costa Gazette somewhat tersely
observes : " When all the cost of maintaining a separate county govern
ment are calculated, even with the Sherman Island territory included, we
apprehend that the tax-payers of the section specified would decline assum
ing the responsibilities. Contra Costa, in area of territory, is one of the
smallest counties in the State. Of the fifty or more, there are but four or
five of as small extent, and it ranks only as the eighteenth in population.
Any division would consequently be deemed, upon impartial consideration,
unwise, regarded either as a measure of State or local policy. It is true a
half day's journey is involved in reaching the county seat from the most
distant localities ; but there are not half a dozen counties in the State a
large portion of whose people are not more than an easy day's ride removed
from their county seat, and, in this respect, subjected to far greater hard
ship than are any within the narrow limits of our county lines. Besides,
with the completion of the railroad, now in process of construction, Antioch
and San Pablo will be brought within less than an hour's ride of the county
seat, and the most distant residents in the eastern extremity of the county
will be able to reach Martinez from their homes in two hours, or less time.
It is difficult, therefore, to imagine the ' valid and substantial reasons that
might be assigned ' for any division of the county, unless they may be found
in a duplication of the chances of official emolument." Although no posi
tive action was taken in the matter, the question was not allowed to die, but
was periodically brought to light, and assumed in 1874 almost a palpable
shape. The Antioch Ledger was the arch instigator in the scheme, and
went so far as to suggest that the new county should be named " Monte-
zuma " an euphonious name enough and should be made up of three hun
dred and eighteen square miles of Contra Costa ; twenty-eight and a half
square miles of Alameda ; fifty square miles of Sacramento ; one hundred
and seventeen square miles of San Joaquin, and one hundred and twelve
square miles of Solano counties an extensive depletion of one's neighbors,
which fortunately has not been countenanced.
The year 1873 commenced with the attention of the public being directed
to the project of a narrow-gauge railroad from deep water at Martinez to
the Amador valley, by parties able to furnish a considerable portion of the
capital of the enterprise. It was calculated that the construction and equip
ment of thirty miles of road on the proposed line would not exceed three
hundred and twenty thousand dollars, while it was thought that such a line
would undoubtedly pay a good interest on its cost. Such a line it was con
tended would afford the farmers of the San Ramon and adjacent districts
with ample facilities for putting their produce on ship-board at a minimum
cost ; it would enable them to store their grain in neighboring warehouses
Early History and Settlement of Contra Costa County. 143
by the roadside, and to sell and deliver it when the market afforded the
best price ; it would bring competing buyers to their doors and give them
as good facilities for advantageously disposing of their crops as if they at
tended the meetings of the Corn Exchange daily with their samples.
" 'Twas a consummation devoutly to be wished !" On January 13th, the
Contra Costa Farmers' Club discussed the project in all its phases. On
February 1st, a meeting of citizens was held at Walnut Creek to consider
the enterprise, when was demonstrated the fact that there was sufficient
interest in the scheme to insure a considerable subscription for any feasible
project that would furnish the required facilities, though the preference of
those present was for a line to terminate at Oakland. Another meeting
was had at the same place on February 15th, when the subject was fully
argued and the following resolutions adopted : First "Resolved, That it is
the sense of this meeting that it is for the interest of Contra Costa county
to connect itself with tide-water in the most direct route possible, at Oak
land, by a narrow-gauge railroad ; " and second, "Resolved, That N. Jones,
A. W. Hammitt, Thos. J. Murphy, Franklin Warner, and Col. C. H. Wood,
be appointed an executive committee on preliminary organization of the
the people to take measures for the construction of a narrow-gauge railroad
to connect Contra Costa county with tide-water."
To show that the promoters of the scheme to bring the road to Martinez
were not willing to permit the grass to grow beneath their feet, on the
evening of the meeting, the Martinez representatives held a conference to
determine what course of action should be taken to obtain a survey and
secure the construction of a narrow-gauge railroad from the best deep-water
point in the Straits of Carquinez into the Amador valley. It was estimated
that the cost of the survey would not exceed six or seven hundred
dollars, about one-half of which amount was at once subscribed by those
present, and the remainder readily obtained on the following Monday from
citizens not present at the conference.
The survey for the road from deep water on the Straits, through Pa-
checo and San Ramon, to Amador Valley, was commenced at a point near
Bull's Head, on the morning of Friday, February 21st, by George K. Peter
son, a competent civil engineer of large experience in railroad surveying.
The survey for the Oakland route was commenced on the 27th. On March
1st another meeting assembled at Walnut Creek, and more arguments en
sued in regard to the routes chosen by the contending parties, but the sur
veys being incomplete, not much actual business was transacted. In due
time Mr. Peterson's survey was completed, and his report made to the Com
mittee, composed of R. O. Baldwin, C. B. Porter, Barry Baldwin, George
McCanley. The survey was started at the town of Martinez, and term
inated in San Ramon valley at the village of Limerick, a distance of
twenty-one miles. It was estimated then that the total cost of the road
144 History of Contra Costa County.
would be two hundred and forty thousand dollars, while its working ex
penses would be sixty thousand dollars per annum. This report was pre
sented to the meeting held at Walnut Creek, March 22d, as was also that
of Mr. Boardman on the route to Oakland. This gentleman placed the cost
of construction of a line along his survey at fifteen thousand dollars per
mile, with forty thousand dollars for a tunnel through the mountains. The
project was not allowed to lag, for another meeting was had on March 29th,
at Danville, for further discussion of the subject, after which the scheme
was held in abeyance, although periodical meetings were held to canvass its
feasibility and ultimate accomplishment.
We next find the narrow-gauge topic being discussed at a meeting held
at Danville on October 31, 1874, when the following Committee was ap
pointed to prepare plans of organization and subscription for a proposed
railroad : L. I. Fish, Martinez ; Paul Shirley, Martinez ; Barry Baldwin,
Pacheco ; Francisco Galindo, Concord ; John Larkey, Walnut Creek ; James
Foster, Alamo ; R. O. Baldwin, Danville ; Charles Wood, Sycamore valley ;
David Glass, Amador ; J. W. Dougherty, Dublin ; Daniel Inman, Livermore.
These gentlemen made their report at a meeting held at Walnut Creek,
November 19th, and presented an elaborate document, containing recom
mendations as to organization.
We hear no more of railroads until the month of November, 1875, when
a periodical then published, called the Oakland News, states that the
articles of incorporation had been filed for the construction of a broad-gauge
line from Oakland to Alamo, a distance of fifteen miles. The line of road
described is that which had for some time been talked of as a wagon road-
While these negotiations were in progress, the Central Pacific Railroad
Company resumed work on the line between Oakland and Banta, in con
nection with the Western Pacific and San Joaquin Valley road, via Mar
tinez and Antioch ; while on April 28, 1876, the depot at the first named
place was located, the right of way having been obtained from Messrs.
Shirley and Mizner.
This road, as we all know, has been completed ; the narrow-gauge line
spoken of above fell through. In 1881 another line was started, called the
San Francisco and Nevada Railroad, and after grading several miles of road
within the limits of the county, work came to a stand still, although the
matter has been by no means abandoned.
. In the month of July, 1873, J. S. Hill, a former proprietor of the Mount
Washington Hotel, in the White Mountains, New Hampshire, contemplated
the erection of a hotel on Mount Diablo, the sight chosen being near Moses'
Rock, while the plan included a carriage road to the summit. On October
30th a meeting to consider the matter of organizing an incorporated com
pany to build and maintain such a road from the county highway at the
mouth of Pine Canon, was held under the chairmanship of Nathaniel Jones.
Early History and Settlement of Contra Costa County. 145
J. S. Hill, the projector of the undertaking and the proposer of building
a hotel near the summit, gave an outline of the plan, and thought that a
good, safe thoroughfare could be constructed for twelve thousand dollars.
The subject was then fully discussed, and the following resolution carried :
" Resolved, That J. S. Hill, W. W. Camron, S. W. Johnson, John Slitz and
Nathaniel Jones be authorized to incorporate the Mount Diablo Summit
Road Company, and to take any other necessary steps for advancing the
enterprise, and calling an early meeting of the subscribers to the prelim
inary agreement and such others as it may be desired to interest in the un
dertaking." Throughout the meeting a good disposition was manifested by
those present to aid the work by subscriptions for the stock of the road
company, while it was firmly believed that the people of the county gen
erally would cheerfully co-operate in aiding so laudable and promising an
enterprise. The articles of incorporation were duly filed in the office of the
County Clerk, November 4th, the capital stock being twenty-five thousand
dollars, divided into two thousand five hundred shares of ten dollars each.
The first Directors were : J. S. Hill, N. Jones, S. W. Johnson, W. W. Cam
ron and John Slitz; Messrs. Hill, Camron and Slitz being subsequently
elected President, Treasurer and Secretary respectively.
A certificate of incorporation was filed February 18, 1874, of the Green
Valley and the Mount Diablo Summit Road Company, with Thomas A.
Brown, L. C. Wittenmyer, W. W. Camron, S. J. Bennett, and Barry Bald
win as incorporators. The object of this association was the construction
and maintenance of a turnpike road from a point on the Green Valley pub
lic road to a junction with the Mount Diablo Summit Road. The capital
stock was five thousand dollars, in five hundred shares of ten dollars each.
In the month of April, 1874, the stage arrangements for the two roads
to the summit of Mount Diablo were completed, the Martinez and Pine
Canon line being stocked and run by Seeley J. Bennett of Martinez, whose
name is a guarantee of excellence in all lhat pertains to road outfits, while
the Hay wards and Green Valley route was in the hands of W. S. Law, former
ly of the Eagle Hotel, Pacheco. These stages are now discontinued, but Mr.
Bennett is still at Martinez, and his skill in " handling the lines " or the ex
cellence of his appointments has in no wise deteriorated.
On January 16, 1873, the Hon. C. W. Lander died suddenly. The 1
Judge is described as a man of many honorable traits that entitled him to
respect.
It may not be unforgotten that in 1876 a contest was being carried on
before the Courts for possession of the Auditor's office. In the month of
May of that year Judge Dwinelle decided the case, declaring that the
original orders of the Board of Supervisors consolidating the offices of Re
corder and Auditor remain in force, and that the Recorder is ex-offido
10
146 History of Contra Costa County.
Auditor, thus declaring V. Russell entitled to the office, and M. A. Bail-
hache an intruder therein although fairly and upon good understanding
elected thereto by the people. The case was further tried and in December,
1877, decided in favor of Bailhache.
At his residence near Concord, there died, August 9, 1876, at the age of
eighty -five years, Don Salvio Pacheco. He was born near San Diego, and
his entire life was passed in California. For a number of years he was Al
calde of the Pueblo de San Jose and also several times a member of the
Departmental Assembly, earning an honorable reputation in the discharge
of public duties. The Grant of Monte del Diablo, embracing four leagues
of land, was made to him by Governor Micheltorena in 1834, but it was
some ten or a dozen years later that he established his residence on the
property, on where he continued up till the time of his death.
On February 17, 1877, intelligence of the death of Judge S. F. Reynolds,
formerly of the Fourth District, when Contra Costa county was included
in it, was received ; and on April 28th the following resolutions of respect
to his memory, reported by the Committee of the County Court, were
ordered by Judge Dwinelle to be engrossed upon the minutes of the Court :
" WHEREAS, It has pleased the Supreme Ruler of the Universe to sum
mon from this life to his Eternal Home our late brother, the Honorable
Samuel F. Reynolds, formerly Judge of this Court, and for many years past
an able, active and honored member of the Bar, engaged in the active prac
tice of his profession, and almost invariably in attendance at the terms of
this Court ; and,
" WHEREAS, Although our late brother resided and had his home in the
city of San Francisco, he was seldom absent from this Court during its
stated terms during a period of nearly twenty years, during which time we
were associated with him, and came to regard him as our senior and always
honored brother. Courtly and dignified in manner, and in his practice
actuated by strict integrity of purpose, he had endeared himself to all.
Therefore,
" Resolved, We are deeply impressed with the great loss the Bar and
community has sustained in the death of our brother, the late Honorable
Samuel F. Reynolds, and we will always cherish his memory as that of a
good citizen, an honest, upright man, an able jurist, and a sincere and
devoted friend.
" Resolved, That these resolutions be spread upon the minutes of the
Court, and that the Court do now adjourn as a mark of respect to the
deceased brother.
" THOS. A. BROWN, \
" H. MILLS, [- Committee,"
" OLIVER WOLCOTT, J
Early History and Settlement of Contra Costa County. 147
And yet another death have we to record. On August 1, 1877, Lawrence
M. Brown, the youngest son of Hon. Elam Brown, who came with his father
to Contra Costa county in 1847, died. Of the deceased the Gazette said:
" He has lived with the people of this county, to nearly all of whom he was
personally known, and they will long cherish a remembrance of his gentle
and amiable qualities of character."
On December 23, 1879, after the conclusion of the business of the Dis
trict Court at its November term, and it being about to adjourn, H. Mills,
Esq., read and offered a paper signed by members of the Bar and many
citizens of the county, testifying to their respect for the retiring Judge,
Hon. S. H. Dwinelle, and requesting it spread upon the minutes of the
Court, as follows : " Since the New Organic Law of the State, which goes
into effect on the first day of January, 1880, abolished the District Courts,
and your functions as Judge of the Fifteenth Judicial District cease upon
that day, the undersigned members of the Bar and citizens of Contra Costa
county wish to express to you their regrets in parting with you as the Judge
of said Court. You have been with us in that official relation for sixteen
years, during which time your actions as a jurist, an impartial and upright
judge, have won our respect and admiration. In taking leave of the Bench
be assured that you take with you our best wishes for your welfare and
prosperity in the future relations and duties of life." Judge Dwinelle replied
in appropriate and feeling terms, and directed, in accordance with the
wishes of the subscribers, that the foregoing be spread upon the minutes of
the Court.
The following local reminiscences of " Twenty-one years ago," from the
pen of the late Horace Allen of Martinez, and published in the Contra
Costa Gazette of November 1, 1873, we reproduce in order that our older
readers may have an opportunity of refreshing their memories in matters,
the recollection of which should not be allowed to die. It is ever well to
keep green in our minds the story of the early settlement of a county, and
this may only be done by presenting such " local reminiscences " as the fol
lowing, in convenient form for reference. The paper was penned by the
author with the purpose of its serving for an " evening reading." May not
we hope that the younger of our readers will, even at this late date, enjoy
it as such :
" No phrases of speech can fitly portray the panorama of changes that
have passed before this one narrow field of vision, during the comparatively
brief period of time 'twixt now and then. An appreciable representation
of these should be pictured by the genius of a Michael Angelo upon a fur
long of canvas. It is only by this means that the contrasting of now and
then can be presented to the quick glance of comprehension. The very
face of the landscape has been changed ; the names and customs and the
very elements of society have been changed. If real improvements and
148 History of Contra Costa County.
real progress are to be tested or measured by the comparative happiness of
men and women, then there have been no improvements, no progress. It
is only change. The old picture has been rudely effaced by social vandal
ism, and the canvas bedaubed with a new representation.
" The features and the life of the landscape have been changed. Stand
ing upon the mountain-tops twenty-one years ago, in the beginning of the
month of May, we there and then beheld the broad-spreading plains, and
the gracefully undulating hills all clothed in verdure and beautified as if
by especial ornamentation, with scattered groves of the evergreen oaks, and
here and there the tortuous fringes and dense clusters of the willows, mark
ing the courses of the rivulets and the locations of the living springs. This
was simple, inanimate nature. But the life of the landscape was ' the cattle
upon a thousand hills.' Myriads of cattle, bovine cattle, all spotted cattle,
were feeding and roaming without limit all over the land, all over the sides
and summits of the green hills, and over all the green-covered valleys and
plains these valleys and hills around us here. And there note, also, the
dashing picturesque vaquero, with his swinging lariat, making his oft-
repeated charges among those wild flocks, arousing headlong stampedes
among them. No prim, prudish, artificial fencing of unsightly posts and
boards then disfigured the landscape. Property boundaries of territory
were only marked by natural monuments. The mountain's crest ; the me
andering creek ; the isolated boulder ; the venerable oak ; the living spring;
the shore of the sea ; were the landmarks of the ranchero's wide domains.
Nor was this Pueblo of ours (Martinez) thought worthy of artificial protec
tion ; whole bands of these wild cattle together would come charging
down from the hills, and careering through the streets to escape the fierce
pursuit of a dozen vaqueros. No foolish artificial fencing then. Over all
the land no vandal plow had ever scarred and mutilated the face of nature :
over all the land no square miles of nature's green had been discolored to
the dirty brown of tillage ; but the whole earth, from the Sierras to the
Pacific- sea, was one limitless, universal pasture land, resting beautiful
and grand under the glorious brightness of a California sunshine.
" The elements of society have been changed. Twenty-one years ago
the Spanish population was the elemental rule all others were only the
exception. There were the Alvarados, the Castros, the Martinez, the Sepul-
vedas, the Estudillos, the Moragas, the Briones, the Suiiols, the Sotos, the
Peraltas, the Altemeranos, the Amadors, the Mirandas, the Berryessas, the
Pachecos, the Bacas, the Higueras, the Alvisos, the Naviagas all these
proud, grand old families, each family under the benignant rule of their
kind old Patriarch. It was most delightful to be among them at their
homes those rich, extravagant, hospitable, confiding, simple-minded, old-
fashioned people. There was no shoddyism discovered there ; all their sur
roundings were old-fashioned, neat and comfortable. Just think of that
Early History and Settlement of Contra Costa County. 149
sumptuous dinner of Spanish cookery, and those luxurious feather beds,
after the fatiguing hard day's ride on horseback ! The young men of each
household, although sometimes reckless and wild like other boys, were
polite, sprightly and handsome. The young women were beautiful and
graceful, with manners most charming. We never shall forget those social
fandangos. Now the Spanish noun fandango is often used by stupid
Americanos as an expression of contempt. But this comprehensive Spanish
word has the same purport as the two English words " social party." And
their beautiful dances are the very poetry of motion, and they are tastefully
adopted by the most genteel American society. There was another seem
ingly more barbarous amusement, which had been imported three hundred
and fifty years agone from the Moorish customs of old Granada and Seville.
I refer to the renowned Spanish bull-fights. The first time I ever had the
pleasure of witnessing that national amusement was in the 'month of Octo
ber, in the year of our Lord eighteen hundred and fifty-two. It was on the
hilarious occasion of a wedding at the residence of Don Vicente Martinez,
in old Pinole. Let me say once and for all that no one should be offended
if I am kindly and respectfully personal, in order to illustrate these pleas
ant reminiscences of the olden time. I say that merry wedding and that
bull-fight were at the residence of Don Vicente Martinez, and the cabal -
leros who took part in the fight were Don Wm. M. Smith, Don Pedro
Higuera, and Don Samuel J. Tennent. These were all gay young gentlemen
then. Everybody was there everybody from all the country fifty miles
around was there; and everybody danced and dined and wined to his
heart's content. But speaking of the bull-fight, I observed that nobody got
hurt, and the secret of this I found out afterwards. They had nicely and
smoothly sawed off the sharp tips of the animal's horns, and when he made
his tremendous lunges at any one of these wary caballeros, the sagacious
horse would jump entirely across the line of danger, while the great weight
and momentum of the infuriated beast would always drive him away for
ward headlong at a tangent of about sixty degrees away from his object of
attack. If, however, there happened to be sometimes an awkward strike,
it was as harmless as a merely good solid punch in the ribs. Nobody was
killed, nobody was hurt. We had read in romances about the bloody bull
fights in Spain, and of course we Yankees there were very much disap
pointed.
" I have said the Spanish ranchero was extravagant in his mode of liv
ing. Well, why not ? He could well afford to be extravagant, for he was
rich very rich. There were those dozen solid silver candlesticks ; there
were those solid silver salvers, three feet long ; there were those quaint old
Mexican table sets of solid silver. The ladies of the household are provided
with sumptuous and most costly apparel. He had gold in abundance, the
proceeds from the ready sale of his thousands of beef cattle. And what
150 History of Contra Costa County.
could he do with all this gold ? He said : ' Let us have sport with it.'
And so he and his neighboring rancheros had their regular gambling set-to
every Sunday evening after church. His wide domain of square leagues
more than equaled any German principality. That earthquake-proof adobe
cottage, that vineyard, that bubbling spring of purest water, that sparkling
living brook, that cool shade of waving willows, the soft breezes of a
peculiar climate, that quiet seclusion from the striving world, were his
beautiful garden of paradise. Conscious of his independence and wealth,
of his thousands for him and for his for all coming time, he never dreamt
of a reverse of fortune.
" But a change came o'er the spirit of his dream. The unscrupulous
Yankee finds Ms resting-place. A couple of thousands in gold coin are
temptingly exhibited ; the wine circulates freely, with the oft-repeated
' bueno salud ;' conversation becomes interesting and animated, the patri
arch and his household are charmed with their new-found acquaintance,
and artful and polished visitor. A loan of this couple of thousands is most
graciously proffered by this most liberal stranger ; a little more wine is
taken for the stomach's sake, with another ' bueno salud ' all round ; the
proffered loan is as graciously accepted, more to oblige the accomplished
guest than for any possible need or use for the ready cash ; a promissory note
written in English and already prepared beforehand, and made payable
one day after date, and to bear interest at the rate of seven per cent, per
month, to be compounded monthly, together with the usual accompanying
death pledge upon that principality of square leagues, are mirthfully exe
cuted by the confiding, simple-minded, illiterate Spaniard, as if it were a
passing jest ! So much droll ceremony with reference to that mere trifle of
money is light comedy to him, in the amusing programme of the day's en
tertainment. Time passes. Many months, and several years pass away.
Where does that elegant gentleman keep himself ? Why does he not come
and get his money ? Surely he is a most indulgent creditor ! The illiterate
Spaniard has no conception of the cumulative effect of interest compounded !
Month after month pass away, and that insignificant financial comedy is
scarcely remembered. Nearly four years have rolled away, and just now a
polite notice is received, as coming from the Court, with reference to that
forgotten subject. Of course, there is nothing to be said by way of objec
tion. It is all right. Why then should he trouble himself with giving any
heed to it ! That little affair of a couple of thousand dollars can be re
funded any day. ' Why does not the gentleman come and pay us another
visit ?' ' Of course, that little matter of money is ready for him any day.'
' He promised to come and see us again.' Time passes. Nine years have
gone round, and that paltry item of interest has regularly and steadily com
pounded one hundred and eight times, and that principal and interest have
steadily rolled up to the immense amount of two hundred and fifty thousand
Early History and Settlement of Contra Costa County. 151
dollars, a full quarter of a million ! Then comes the auction sale. And
there the prowling agent of the relentless creditor bids in those thirty-six
square miles of land, without competition, for only one-half the enormous
debt. And only now, that happily dreaming Spanish family are startled
and awakened as by an earthquake shock ! The business is complicated,
and needs the deft handling of financial ability. Redemption is impossible.
And now, a judicial final process is the closing act of the drama, and that
splendid fortune of real estate comes under the dominion of the stranger.
The patriarch and his numerous household are exiled from their home for
ever, while indigence and wretched want attend them as they scatter and
wander away. This, surely, is a most shocking change to them a solemn,
grievous change. The places that knew them well know them no more.
" Thus, the once material element of California society has been eradi
cated, to be replaced by other nationalities of people. Let other men debate
the question whether such a change has been for the better ! Let the casuist
render judgment whether such change has been effectuated by the divine
rule of right ! Let the candid soul and heart respond to the question
whether it has been done by the square of honesty and honor.
" Perhaps we need search no further than the legislation of any State
that has ever lived and fallen within the limit of the historic ages of the
world in order to learn and well understand the peculiar characteristics of
the prevailing contemporary manners of that community of men. Legisla
tive enactments and established legal customs are the sure and certain types
of the moral temper of any people. We need to travel backward no further ,
along the path of time than several hundred years, to find many illustra
tions of this truth. The rigorous and cruel English laws against the
smallest deviations from the rules of an established church had their ori
gin in the blind zeal and cruel bigotry of the whole people of the English
nation. Sumptuary laws regulating what we shall eat, and what we shall
drink, and^in what manner and style withal we shall be clothed, and what
manner of music we shall hear, have always originated from a popular cen-
soriousness of temper, which was only represented in the particular legisla
tive department. And the course, and character, and subject matter of any
system of legislation bespeak the wants, and wishes, and prejudices, and
conditions, and misfortunes, and selfish propensities, and tastes of the rul
ing majority, and the consequent legislative department of the State. When
the ruling majority is composed of the wealthy and independent classes,
legislation is then directed favorably to the side of the Shylocks, and other
affluent creditors in the community. But the reverse of this obtains when
wealth has not the directing of the legislative enactments.
" From the foregoing hypothesis we may safely infer that 'the Legislature
of a thousand drinks,' in session at the city of San Jose, must have represented
hundreds of unfortunate debtors, and hosts of sporting gentlemen, throughout
152 History of Contra Costa County.
all parts of our State. Legislation was pointedly directed to the aid
and comfort of all those gentlemen who did not wish to be troubled about
the payment of their debts ; their debts at home, or those coming from
abroad. And consequently we find as monuments of that work of legisla
tion : 1st, the insolvency act by which one can shake off' his debts as easily
as he can shake the dust off his coat. There is the homestead law ; one
need only go somewhere and get married, and then declare a homestead on
five thousand dollars worth of real estate, and bid defiance to all the frowning
creditors forever after, so far as that homestead is concerned. And there,
also, is the sole trader's law. The wife is permitted to carry on business
in her own name as sole trader any kind of business with the round capi
tal of another five thousand dollars, given to her by the husband, he acting
as the wife's agent all the time in the sole trader business. But no credit
or's process against the husband can reach one dime of the sole trader's
capital. Surely that unfortunate debtor is in good luck after all ; he has a
secure seat in the santuary of upper-tendom, high above the ' rich man's
contumely, the proud man's scorn ;' and what is the best of all, he is safely
perched entirely out of reach of the sheriffs officers.
"And moreover, also, deep-laid behind these singular enactments of
that renowned ' Legislature of a thousand drinks,' is that strange clause
of our State Constitution : ' All property, both real and personal, of
the wife, owned or claimed by her before marriage, and that acquired after
wards, by gift, devise or descent, shall be her separate property.' Now, we
Americans, descendants of Englishmen, and educated to the maxims and
customs of our ancestors, quite naturally experience an awkwardness under
the entanglements of that strange clause, which so binds up the finances
of the matrimonial partnership. It was once the ambition of every impe
cunious youth to marry a young lady having wealth in her own right,
either in actual possession or expectancy. All her personal goods and
chattels, her costly diamonds and jewelry, her valuable- carriage equipages,
her gold and silver plate, and all her ready cash all these were ipso facto,
and forthwith transferred, by operation of law, to the absolute dominion
and control of the newly-married gentleman, as his individual, separate
property. Now all this available wealth afforded him the luxuries of life
and gave him the respectability and the dignity of the gentleman of for
tune. There were no family jars then. The marriage relation was peace
ful and comfortable and happy, the married gentleman being recognized as
the real head of his own household as he ought to be. It is true these
goods and chattels might be made liable for the payment of that gentle
man's individual debts, and hence, in pursuing our line of argument, we
may safely infer that the strange, revolutionary clause aforementioned, in
our State Constitution, was incorporated there by an outside pressure from
the main part of the then California community of insolvent debtors.
Early History and Settlement of Contra Costa County. 153
" This new arrangement concerning the finances of the matrimonial
partnership must have considerably clouded the real happiness of that
time-honored institution, and we would remember this also. The available-
ness of all the wife's goods and chattels is rendered unwieldy and perplex
ing. There can be no really private arrangements made for turning the
wife's chattel -barter into ready cash for domestic uses. The inquisitorial
attorney, and conveyancer, and notary, and witnesses, must all be invited
in order to legally effect and perfect the written sale or transfer of the
smallest item of her separate personal as well as real property. The mar
ried gentleman has very little to say or do with regard to the business of
the family partnership concern. His dignity or importance there is quite
equivocal, and only at sufferance, and by acquired habit, he in due time
learns to know his place as the obscure and silent partner of the
family concern. He is only known, in case of any curious inquiry as ' Mrs.
Smith's husband.' He may, however, appreciate the quieting consolation
that he may eat, and drink and be merry if he can with no harassing
creditors to molest him or make him afraid. He feels the abiding and
soothing consciousness that he may stupidly partake of those creature com
forts, while the sources of his enjoyments constitute an unfailing fund that
is always execution proof.
" There is another monument of peculiar legislation, the handiwork of
that most industrious ' Legislature of a thousand drinks.' Each Board of
Supervisors was empowered to license any number of gambling institutions
in every county of the State. This piece of legislation was enacted as a
special favor to the sporting gentlemen of that day. These sporting gentle
men, scornfully styled gamblers, were a kind of fraternity, and generally and
thoroughly infused among the whole population of the State, and they con
stituted a material and powerful element in the political and social common
wealth. Truly that sporting fraternity were a great political power in the
land, and their representatives in the legislative body were counted as
legion, and also as the law-givers of the highest ability. As might be ex
pected, due care was taken this fraternity should be well represented in
each county Board, and consequently, as of course, licenses were freely
given out to these institutions in every city and town and hamlet. There
was a gambling saloon everywhere ; not in by-ways, and in obscure places
why should it be ? Why ; surely it had legislative tolerance ; it was
made respectable by the force of law. The saloon was located on the pub
lic thoroughfares and conspicuous places of the most convenient access. The
saloon was a splendid drawing-room parlor, fitted up and decorated in gor
geous glittering style. There were large and finely finished lascivious
paintings. There were the enticements of sweetest music ; beautiful
women were there employed as dealers at the various tables, and were en
throned as the attractive goddesses of chance. And % there, within the doors
154 History of Contra Costa County.
of this temple, and heaped in hillocks on the tables all around, were tens
of thousands of coined and uncoined gold. This was the sporting gentle
men's paradise.
"We have mentioned the sporting gentlemen as a fraternity. Now
there was an aristocratic class par excellence in this same fraternity that
is, professional gentleman, to be explicit we will say gamblers by prof ession.
It was as legitimate and high-toned nineteen years ago as the profession
of M. D., and higher-toned than that even. Why, Professor Whitney, or
Professor Silkman, or the high-toned Professor Aggassiz, would scarcely
rank with the high-toned professor of cards. Why not ? Why, that aris
tocratic class of the fraternity, aforesaid, had been recognized by the
' Legislature of a thousand drinks,' as a high school of the fine arts.
No person of ordinary caution would dare question their supremacy. They
occupied all the cushioned seats in all the synagogues, whether social, theo
logical or political. They were irrepressible; they were respectable, and
their respectability was legal. They were formidable, and they must be
conciliated, socially and politically, and otherwise.
" Your professor of cards was a ' handsome man ' so said the ladies, and
he fought for the ladies. And many a poor fellow bit the dust because of
his obtrusive interference with your aristocratic professor of cards, among
the ladies. Well, your professor of cards was of dashing appearance. Why,
just observe those patent leather, high-heeled boots, that costly diamond
breast-pin. Observe those dainty fingers of his, all sparkling with three
thousand dollars worth of diamond rings ; and there is that incomparable
Beau Brummel waistcoat, and so forth, and so on. He was cordial, and
bland, and fascinating. He was the brilliant synosure of the social circle,
and he was also really popular withal. And why not ? That countenance
of his gave advertisement of intellectual power, calm, reserved power ;
smooth and unruffled by the slightest tinge of sentiment. There was no
mercy there. There was keen sense, wanting sensibility. And he surely
crushed the senseless worm that crawled at evening in his pathway."
Thus does Mr. Allen give a few of his early recollections in the first
dawn of the foreign occupation of California. Happily, many of the things
touched upon have been changed for the better. Unhappily, many of his
remarks are too true ; still, they all are of interest and will be read with
pleasure.
SERICULTURE. Among the many enterprises established in the counties
of California, and in which Contra Costa takes a high rank, none give
greater promise in the future than the production of silk. Throughout the
United States it has become a recognized industry, and its success is beyond
a peradventure in our own State. Its introduction into America is not of
yesterday. Upwards of a hundred years ago its culture was extensively
Early History and Settlement of Contra Costa County. 155
carried on, with greater or less success, for it is fully acknowledged that in
1759 the then colony of Georgia exported ten thousand pounds of raw
silk, which sold in the European market at from fifty to seventy cents per
pound higher than a similar product from any other country. In 1771 the
culture was commenced in Pennsylvania and New Jersey ; and in 1810 the
value of raw silk and sewing silk produced in three counties in Connec
ticut amounted to twenty-eight thousand five hundred and three dollars.
In the period intervening between the last war with Great Britain and
the years 1830-1837, the enterprise of silk growing languished ; yet, in
1834 the National and State governments awoke for a time from their
lethargy, and Congress appointed Commissioners to collect and distribute
among the people general information in regard to the culture and manu
facture of silk. So " far as its cultivation was concerned, the matter cul
minated in what was known at the time as the " Morus multicaules specu
lation," and the cultivators lost sight of the object of establishing a legiti
mate industry, and attempted to get rich by speculations in trees ; hence
this portion of the business soon became involved in ruin, and much injury
was done to the manufacturing industry. Capital, however, as usual, being
more cautious and shrewd than labor, finally succeeded in advancing the
latter industry to a legitimate position, from which it has gradually risen,
until it is now on a safe and permanent basis. The census of the year 1880
shows the gross annual value of American manufactured silk goods to be
within a small fraction of forty-one millions of dollars, these being the
product of eighteen thousand four hundred and sixty-seven looms and
thirty-four thousand four hundred and forty hands, operating upon a capi
tal of twenty-two millions of dollars and involving an annual wages pay
ment of nearly ten millions.
The value of silk goods now manufactured in the United States is in
excess of our imports of that class of goods, and so superior is the quality
of much of our silk dress goods, that they are now sold in Paris as genuine
French manufacture ; and, according to the inexorable logic of facts, much
of the superior trimmings, frills and furbelows, with which our wives and
daughters 'now bedeck themselves, and which are sold in the stores of New
York, Philadelphia and San Francisco for genuine French make, must be
credited to the skilled workmen of New Jersey and Connecticut.
Says Felix Gillet, of Nevada City, Cal., a renowned authority on the
cultivation of silk : " Singularly enough, one of the most serious hindrances
to the progress of silk culture in the United States during the two or three
last decades has been the hostility of the silk manufacturers themselves.
They are thus opposed because they fear that, if silk culture, should attain
to any great importance in this country, its friends would become clamor
ous for a protective duty on the importation of raw silk, and thus reduce
the manufacturer's profit by increasing the cost of the raw material. But
156 History of Contra Costa County.
the friends of silk culture have nevertheless pursued the even tenor of their
way, quietly but energetically, until they have now laid the foundation of
what promises to be, in the course of a few years, a great national industry,
and a feeder and helper, instead of a drawback, to an already established
silk manufacturing industry."
The production of raw silk in Europe gives employment to millions of
people, while the subsequent manufacture of the raw material into thread,
ribbons, dress goods, etc., forms one of the most important of home indus
tries. The most favored nations of the Orient have wisely fostered the in
dustry among their people until now it is the chief occupation of vast mul
titudes of them. In France the raising of the silk worm, the forming and
care of the cocoon, and the reeling of the silk, is made an important part
of the education of children in nearly all the schools, convents and acade
mies. It is a refreshing change in the studies of the young to pass from
the class-room to the cocoonery, from books to trees, to feed the worms,
watch their growth, and behold the marvelous production of silk in its raw
condition. Education, both public as well as private, in California, might
do well to introduce this system into their places of instruction and resi
dences, as a means of placing before their pupils a desirable means of earn
ing a livelihood in time to come.
Peculiarly adapted is this employment to women and children ; and,
probably, in no State in the Union would it be more beneficial than to our
own California. Here there is a large and increasing population of young
boys and girls, who all seek some honorable means of earning their bread
during minority ; to them such employment would be an inestimable boon,
while it is one easily within the grasp of all.
That an impetus has been given to this trade in the United States has
been mainly due to the" ladies, the lead having been taken by them in Phila
delphia, who, notwithstanding obstructions of considerable magnitude, knew
not what discouragement meant. Their's has been a labor of pure philan
thropy, and they have had their reward.
Actuated by the same noble attributes, a few ladies of California asso
ciated themselves under the name of " The California Silk Culture Associa
tion," and have met with most gratifying results. Of their time, labor and
money, they have given freely, and they have shown, by honest persever
ance of hand and brain, that there are vast possibilities in this direction in
store for California, while they have shown, without a question of doubt,
that the soil of our State is especially adapted to the production, in endless
quantities, of this commodity.
In " The California Silk Growers' Manual," by W. B. Ewer, A. M., we
are told the mulberry will grow almost anywhere in California ; but to
meet with the best success, a rich, light, loamy soil is required. The ground
should be plowed deep and well pulverized, so as to allow the rootlets to
Early History and Settlement of Contra Costa County. 157
freely permeate the soil. If on a side-hill, a southern exposure should be
selected. Among the most important advantages met with in California is
the freedom from thunder and lightning, and from rains during the feeding
season, as feeding with wet leaves is almost sure death to the worms, and
the jar from thunder, or some peculiar electric disturbance attending thun
der storms, is often attended with fatal consequences to them, especially if
it occurs during the molting season.
Only four, out of the many varieties of the mulberry, are considered
especially adapted to the culture of silk viz., the Morus alba, the Morus
rose, the Morus japonica, and the Morus multicaulis. The first of these
is considered the best, although the last is the most productive in foliage ;
but a more healthy maturity and better silk is obtained by feeding the Alba
after the first age. It is unnecessary here for us to enter into the subject
of the propagation and cultivation of the tree ; to become familiar with this
we refer the reader to the " Manual " mentioned above, and the not less
valuable work of Mrs. T. H. Hittell, entitled " The California Silk Growers'
Instructor," where the beginner will find all necessary aid in the matter.
The first to attempt the raising the silk-worm in California was the late
Louis Prevost of San Jose', who, as early as 1861, produced cocoons, some
of which he sent to Lyons and Paris, where they were pronounced to be of
superior quality, both for reeling and in the character of the raw silk which
they yielded. As early as 1865 or 1866 Mr. Prevost sent silk- worm eggs of
his raising to France, where they were, pronounced to be superior to those
from any other country, while the truth of this indorsement has since been
fully verified in all directions. In 1866, at Mr. Prevost's instigation, Neu-
man & Myers established the first silk manufactory in California at San
Jose.
Thus far we have spoken in merely a general way ; we now turn to the
subject as regards Contra Costa county, want of space precluding the possi
bility of further generalization.
In the years 1867-68 Mrs. Jane C. Smith planted some mulberry trees
and raised a number of silk works, near Somersville, but the enterprise was
not continued.
The perpetuation of the industry is the work of Mrs. Sarah C. Sellars,
whose name in connection with silk culture is a household word throughout
the State. In 1867-68 she planted a grove of mulberry trees at her resi
dence in the " Iron House " District, which now numbers three thousand of
remarkably healthy trees, loaded every season with leaves and berries. A
cocoonery was built near to the grove, which was constructed and main
tained on the most scientific principles, while the utmost care was taken of
the worms in the different stages between infancy and maturity. The
result has been a well earned and undisputed prominence in the business,
while the Committee Report of the California Silk "Culture Association
158 History of Contra Costa County.
remarks : " In cocoons, the finest display is made by Mrs. S. A. Sellars of
Antioch. * * In addition to the cocoons, Mrs. Sellars exhibits a
lot, in different colors, of reeled, raw, and floss silk, together with a number
of silk-worms' eggs and moths. The display is a very complete one, occu
pying one entire large case, and would do .credit to any exhibition in the
world." From the report of the Corresponding Secretary, Mrs. Theodore H.
Hittell, we glean : " As Mrs. Sellars, of Brentwood, Contra Costa county, has
for several years past been successful in raising silk- worms, I thought it
would be of interest to our society if I would in person visit her place, and
make a report in reference to her work. I went last Thursday, by rail, to
Brentwood, which is near Antioch. From Brentwood a wagon road leads
to Mrs. Sellars' house, which is surrounded with a grove of about three thou
sand mulberry trees, covered with fine, healthy leaves, and loaded with
white, pink and black mulberries. Mrs. Sellars had hatched, from an
ounce of eggs, about thirty thousand silk-worms, which were feeding in a
room adjoining her kitchen. When the temperature of the feeding-room
falls below 70, she avails herself of the heat of the kitchen stove to bring
it up again. I examined the worms ; they were ferociously devouring the
leaves of mulberry, and were all in a healthy condition. She feeds thei
four times a day, and does it with such ease that it seems but child's play.
She informed me that, after the fourth molting, one of the feedings dot
very well at ten o'clock at night.
" The feeding-room is a room generally used as a store-room. On two
of its sides are frames containing shelves, one above the other, made of
rough wood, with laths across, and covered with cloth, on which the leaves
are spread and the worms are distributed. Each shelf is three and a half
feet wide. There is one window and one door in the room, which are oppo
site each other, so as to make ventilation easy. In the middle of the day
the thermometer rose to 95 Fahrenheit, and then the worms were the live
liest ; but the healthiest temperature for them is about 75 to 80.
" From what I saw I am entirely satisfied that millions upon millions
of silk worms can be raised without any great trouble in California, and
particularly, that they can be raised easily and conveniently, in remunera
tive quantities and at inconsiderable expense, by small farmers and com
paratively poor people."
Among others who have attempted the raising of silk- worms in Conti
Costa county, we may mention the names of Mrs. Lafferty, Mr. Betteheim
of Antioch, who raised a few pounds of cocoons in the season of 1881, and
Mr. Mills of Martinez.
In our first chapter we have touched upon the other interests of the
county. The manufacturing and other enterprises will be found in the his
tories of the Townships to which they appertain, therefore naught is left
Early History and Settlement of Contra Costa County. 159
but to close this chapter, which cannot be more appropriately done than by
quoting the following beautiful lines of Bayard Taylor :
FAIR young land, the youngest, fairest far
Of which our world can boast,
Whose guardian planet, Ev.ening's silver star,
Illumes thy golden coast;
How art thou conquered, tamed in all the pride
Of savage beauty still !
How brought, panther of the splendid hide,
To know thy master's will !
No more thou sittest on thy tawny hills
In indolent repose ;
Or pour'st the crystal of a thousand rills
Down from thy house of snows.
But where the wild-oats wrapp'd thy knees in gold,
The ploughman drives his share,
And where, through canyons deep, thy streams are rolled,
The miner's arm is bare.
Yet in thy lap, thus rudely rent and torn,
A nobler seed shall be :
Mother of mighty men, thou shalt not mourn
Thy lost virginity !
Thy human children shall restore the grace
Gone with thy fallen pines :
The wild, barbaric beauty of thy face
Shall round to classic lines.
And Order, Justice, Social Law, shall curb
Thy untamed energies ;
And Art, and Science, with their dreams superb,
Eeplace thine ancient ease.
The marble, sleeping in thy mountains now,
Shall live in sculptures rare ;
Thy native oak shall crown the sage's brow,
Thy bay, the poet's hair.
Thy tawny hills shall bleed their purple wine,
Thy valleys yield their oil ;
And Music, with her eloquence divine,
Persuade thy sons to toil.
Till Hesper, as he trims his silver beam,
No happier land shall see,
And Earth shall n'nd her old Arcadian dream
Restored again in thee !
160 History of Contra Costa County.
THE BEAR FLAG WAR.
Its Cause Its Progress Its Conclusion.
In the early part of this century California would appear to have found
extreme favor in the jealous eyes of three great powers. We have elsewhere
shown what the Russians did on the coast, and how they actually gained a
foothold at Bodega and Fort Ross, Sonoma county. In the year 1818, Gov
ernor Sola received a communication from Friar Marquinez, of Guadalaxara,
in Old Spain, wherein he informs His Excellency of the rumors of war
between the United States and Spain, while, in February of the following
year, Father Josd Sanchez writes to the same official that there is a report
abroad of the fitting out of an American expedition in New Mexico. Both
of these epistles remark that California is the coveted prize. Great Britain
wanted it, it is said, for several reasons, the chief of which was, that in the
possession of so extended a coast line she would have the finest harbors in
the world for her fleets. This desire would appear to have been still mani
fested in 1840, for we find in February of that year, in the New York Ex
press, the following : " The Calif ornias. The rumor has reached New
Orleans from Mexico of the cession to England of the Californias. The
cession of the two provinces would give to Great Britain an extensive and
valuable territory in a part of the world where she has long been anxious
to gain a foothold, besides securing an object still more desirable a spacious
range of sea-coast on the Pacific, stretching more than a thousand miles
from the forty-second degree of latitude south, sweeping the peninsula of
California, and embracing the harbors of that gulf, the finest in North
America."
These rumors, so rife between the years 1842 and 1846, necessitated the
maintenance of a large and powerful fleet by both the Americans and
British on the Pacific Ocean, each closely observing the other. The first
move in the deep game was made by the United States in September, 1842,
by Commodore Ap Catesby Jones. He became possessed of two newspapers
which would appear to have caused him to take immediate action. One of
these, published in New Orleans, stated that California had been ceded by
Mexico to Great Britain in consideration of the sum of seven millions of
The Bear Flag War. 161
Collars ; the other, a Mexican publication, caused him to believe that war
had been declared between the two countries. The sudden departure of
two of the British vessels strengthened him in this belief, and that they
were en route for Panama to embark soldiers from the West Indies for the
occupation of California. To forestall this move of " perfidious Albion,"
Commodore Jones left Callao, Peru, on September 7, 1842, and crowded all
sail, ostensibly for the port of Monterey, but when two days out his
squadron hove to, a council of the Captains of the Flag-ship " Cyane "
and "Dale" was held, when the decision was come to that posses
sion should be taken of California at all hazards, and abide by the con
sequences, whatever they might be. The accompanying letter from an
officer of the " Dale," dated Panama, September 23, 1842, tells its own story :
" We sailed from Callao on the 7th of September in company with the
' United States ' and ' Cyane ' sloop, but on the tenth day out, the 17th,
separated, and bore up for this port. Just previous to our departure, two
British ships-of-war, the razee ' Dublin,' fifty guns, and the sloop-of-war
' Champion,' eighteen guns, sailed thence on secret service. This mysteri
ous movement of Admiral Thomas elicited a hundred comments and con
jectures as to his destination, the most probable of which seemed to be that
he was bound for the northwest coast of Mexico, where it is surmised that
a British settlement (station) is to be located in accordance with a secret
convention between the Mexican and English Governments, and it is among
the O7i dits in the squadron that the frigate ' United States,' ' Cyane ' and
' Dale ' are to rendezvous as soon as possible at Monterey, to keep an eye
on John Bull's movements in that quarter." These rumors were all
strengthened by the fact that eight hundred troops had been embarked at
Mazatlan in February, 1842, by General Micheltorena, to assist the Eng
lish, it was apprehended, to carry out the secret treaty whereby California
was to be handed over to Great Britain. Of these troops, who were mostly
convicts, Micheltorena lost a great number by desertion, and after much
delay and vexation, marched out of Mazatlan on July 25, 1842, with only
four hundred and fifty men, arriving at San Diego on August 25th. Be
tween Los Angeles and Santa Barbara, with his army reduced to but three
hundred from desertion, at 11 o'clock on the night of October 24th, he re
ceived the astounding intelligence that Commodore Jones had entered the
port of Monterey, with the frigate " United States " and corvette " Cyane,"
landed an armed force, hauled down the Mexican flag, hoisted the Ameri
can in its place, and issued a proclamation declaring California to be hence
forth belonging to the United States. These startling occurrences took
place on October 19, 1842. On the 28th the Commodore reflected on his
latest achievement, and becoming convinced that an error had been com
mitted, he lowered the American ensign, replaced it with that of Mexico,
u
162 History of Contra Costa County.
and on the following day saluted it, sailed for Mazatlan, and reported his
proceedings to Washington.
On hearing of the capture of Monterey the Mexican General withdrew
to the Mission of San Fernando, and there remained for some time, when he
finally, on the horizon being cleared, transferred his staff to Los Angeles, and
there entertained Commodore Jones on January 19, 1843.
The recall of Jones was demanded by the Mexican Minister at Washing
ton, which was complied with, and Captain Alexander J. Dallas instructed
to relieve him of the command of the Pacific squadron. Dallas at once pro
ceeded to Callao, via Panama, to assume his new functions, and on arrival
took the " Erie," an old store-ship, and proceeded in search of the Commo
dore, who had in the meantime received intelligence of the turn affairs had
taken, kept steering from port to port, and finally touching at Valpa
raiso, Chili, he sailed for home around Cape Horn. The reign of Captain
Dallas was short ; he died on board the frigate " Savannah," at Callao, June
3, 1844, and was succeeded by Commodore John Drake Sloat.
Between the years 1844 and 1846 the American and British fleets keenly
watched each other, and anxiously awaited the declaration of war between
Mexico and the United States. During this time the revolution which drove
General Micheltorena and his army from California had broken out and
been quelled, while the Oregon boundary and the annexation of Texas were
questions which kept the naval authorities at fever heat.
Let us now leave these American and British sailors, with their mighty
ships jealously watching the movements of each other, to consider the doings
of one who before long was to take a prominent part in the affairs of Cali
fornia.
In the month of March, 1845, Brevet Captain John Charles Fremont
departed from Washington for the purpose of organizing a third expedition
for the topographical survey of Oregon and California, which having done,
he left Bent's Fort, on or about the 16th of April, his command consisting
of sixty-two men, six of whom were Delaware Indians. It is not our wish
here, nor indeed have we the space, to tell of the hardships endured and
the perilous journeys made by Fremont, Kit Carson, Theodore Talbot, and
others of that band, whose wanderings have formed the theme of many a
ravishing tale; our duty will only permit of defining the part taken by them
in regard to our especial subject.
About June 1, 1846, General Jose' Castro, with Lieutenant Francisco de
Arci, his Secretary, left the Santa Clara Mission, where they had ensconced
themselves after pursuing Fremont from that district, and passing through
Yerba Buena (San Francisco) crosssed the bay to the Mission of San Kafael,
and there collected a number of horses which he directed Arci to take to
Sonoma.with as many more as he could capture on the way, and from there
The Bear Flag War. 163
proceed with all haste to the Santa Clara Mission by way of Knight's Land
ing and Sutter's Fort. These horses were intended to be used against Fre
mont and Governor Pio Pico by Castro, both of whom had defied his
authority. On June 5th, Castro moved from Santa Clara to Monterey, and
on the 12th, while on his return, was met by a courier bearing the intelli
gence that Lieutenant Arci had been surprised and taken prisoner on the
10th by a band of adventurers, who had also seized a large number of the
horses which he had in charge for the headquarters at Santa Clara. Here
was a dilemma. Castro's education in writing had been sadly neglected
it is said he could only paint his signature and being without his amanu
ensis, he at once turned back to Monterey, and on June 12th dictated a
letter, through ex-Governor Don Juan B. Alvarado, to the Prefect Manuel
Castro, saying that the time had come when their differences should be laid
aside, and conjoint action taken for the defence and protection of their com
mon country, at the same time asking that he should collect all the men and
horses possible and send them to Santa Clara. ' He then returned to his
headquarters, and on the 17th promulgated a soul-stirring proclamation t'o
the settlers.
When Lieutenant Arci left Sonoma with the caballada of horses and
mares, crossing the dividing ridge, he passed up the Sacramento Valley to
Knight's Landing on the left bank of the Sacramento River, about fifteen
miles north of the present city of Sacramento. [This ferry was kept by
William Knight, who had left Missouri May 6, 1841, arrived in California
November 10, 1841, received a grant of land and settled at Knight's Land
ing, Yolo county of to-day. He died at the mines on the Stanislaus River in
November, 1849.] When Lieutenant Arci reached the ferry or crossing, he
met Mrs. Knight, to whom, on account of her being a New Mexican by birth,
and therefore thought to be trustworthy, he confided the secret of the expedi
tion. Such knowledge was too much for any ordinary feminine bosom to con
tain. She told her husband, who, in assisting the officer to cross his horses,
gave him fair words, so that suspicion might be lulled, and then bestriding
his fleetest horse, made direct for Captain Fremont's camp at the con
fluence of the Feather and Yuba rivers, where he arrived early in the
morning of June 9th. Here Knight, who found some twenty settlers that
had arrived earlier than he discussing matters, communicated to Captain
Fremont and the settlers that Lieutenant Arci had, the evening before, the
8th, crossed at his landing, bound to Santa Clara via the Cosumne River ;
that Arci had told Mrs. Knight, in confidence, that the animals were intended
to be used by Castro in expelling the American settlers from the country,
and that it was also the intention to fortify the Bear River Pass above the
rancho of William Johnson, thereby putting a stop to all immigration, a
move of Castro's which was strengthened by the return to Sutter's Fort, on
T
J une 7th, of a force that had gone out to chastise the Mokelumne Indians,
164 History of Contra Costa County.
who had threatened to burn the settlers' crops, incited thereto, presumably,
by Castro.
Fremont, while encamped at the Buttes, was visited by nearly all the set-
tlers,and from them gleaned vaststores of fresh information hitherto unknown
to him. Among these were that the greater proportion of foreigners in the
country had become Mexican citizens, and married ladies of the country, for
the sake of procuring land, and through them had become possessed of deep
secrets supposed to be known only to the prominent Californians. Another
was that a convention had been held at the San Juan Mission to decide
which one of the two nations, America or Great Britain, should guarantee
protection to California against all others for certain privileges and consid
erations.
Lieutenant Revere says : " I have been favored by an intelligent member
of the Junta with the following authentic report of the substance of Pico's
speech to that illustrious body of statesmen :
" Excellent Sirs : To what a deplorable condition is our country reduced !
Mexico, professing to be our mother and our protectress, has given us neither
arms nor money, nor the material of war for our defense. She is not likely
to do anything in our behalf, although she is quite willing to afflict us with
her extortionate minions, who come hither in the guise of soldiers and civil
officers, to harass and oppress our people. We possess a glorious country,
capable of attaining a physical and moral greatness corresponding with the
grandeur and beauty which an Almighty hand has stamped on the face of
our beloved California. But although nature has been prodigal, it cannot
be denied that we are not in a position to avail ourselves of her bounty.
Our population is not large, and it is sparsely scattered over valley and
mountain, covering an immense area of virgin soil, destitute of roads, and
traversed with difficulty ; hence it is hardly possible to collect an army of
any considerable force. Our people are poor, as well as few, and cannot
well govern themselves and maintain a decent show of sovereign power.
Although we live in the midst of plenty, we lay up nothing, but tilling
the earth in an imperfect manner, all our time is required to provide sub
sistence for ourselves and our families. Thus circumstanced, we find our
selves suddenly threatened by hordes of Yankee emigrants, who have already
begun to flock into our country, and whose progress we cannot arrest.
Already have the wagons of that perfidious people scaled the almost inac
cessible summits of the Sierra Nevada, crossed the entire continent, and pene
trated the fruitful valley of the Sacramento. What that astonishing people
will next undertake I cannot say, but in whatever enterprise they embark
they will be sure to prove successful. Already are these adventurous land-
voyagers spreading themselves far and wide over a country which seems
suited to their tastes. They are cultivating farms, establishing vineyards,
erecting mills, sawing up lumber, building workshops, and doing a thousand
s
The Bear Flag War, 165
other things which seem natural to them, but which Californians neglect or
despise. What then are we to do ? Shall we remain supine while these
daring strangers are overrunning our fertile plains and gradually outnum
bering and displacing us ? Shall these incursions go on unchecked, until we
shall become strangers in our own land ? We cannot successfully oppose
them by our o wn unaided power, and the swelling tide of immigration
renders the odds against us more formidable every day. We cannot stand
alone against them, nor can we creditably maintain our independence even
against Mexico ; but there is something we can do which will elevate our
country, strengthen her at all points, and yet enable us to preserve our
identity and remain masters of our own soil. Perhaps what 1 am about to
suggest may seem to some faint-hearted and dishonorable. But to me it
does not seem so. It is the last hope of a feeble people, struggling against
a tyrannical government which claims their submission at home, and threat
ened by bands of avaricious strangers from without, voluntarily to connect
themselves with a power able and willing to defend and preserve them. It
is the right and the duty of the weak to demand support from the strong,
provided the demand be made upon terms just to both parties. I see no
dishonor in this last refuge of the oppressed and powerless, and I boldly
avow that such is the step that I would have California take. There are
two great powers in Europe which seem destined to divide between them
the unappropriated countries of the world. They have large fleets and
armies not unpracticed in the art of war. Is it not better to connect our
selves with one of those powerful nations than to struggle on without hope,
as we are doing now ? Is it not better that one of them should be invited
to send a fleet and an army, to defend and protect California, rather than
we should fall an easy prey to the lawless adventurers who are overrunning
our beautiful country ? I pronounce for annexation to France or England,
and the people of California will never regret having taken my advice.
They will no longer be subjected to the trouble and grievous expense of gov
erning themselves ; and their beef and their grain, which they produce in
such abundance, would find a ready market among the new-comers. But
I hear some one say : ' No monarchy ! ' But is not monarchy better than
anarchy ? Is not existence in some shape better than annihilation. No
monarch ! and what is there so terrible in a monarchy ? Have we not all
lived under a monarchy far more despotic than that of France or England,
and were not our people happy under it ? Have not the leading men
among our agriculturists been bred beneath the royal rule of Spain, and
have they been happier since the mock republic of Mexico has supplied its
place ? Nay, does not every man abhor the miserable abortion christened
the republic of Mexico, and look back with regret to the golden days of the
Spanish monarchy ? Let us restore that glorious era. Then may our people
go quietly to their ranches, and live there as of yore, leading a thoughtless
166 History of Contra Costa County.
and merry life, untroubled by politics or cares of State, sure of what is their
own, and safe from the incursions of the Yankees, who would soon be forced
to retreat into their own country."
It was a happy thing for California, and, as the sequel proved, for the
views of the government of the United States, a man was found at this
juncture whose ideas were more enlightened and consonant with the times
than those of the rulers of his country, both civil and military. Patriotism
was half his soul ; he therefore could not silently witness the land of his
birth sold to any monarchy, however old ; and he rightly judged that, al
though foreign protection might postpone, it could not avert that assump
tion of power which was beginning to make itself felt. Possessed at the
time of no political power, and having had few early advantages, still his
position was so exalted, and his character so highly respected by both the
foreign and native population, that he had been invited to participate in the
deliberations of the Junta. This man was Don Mariano Guadalupe Vallejo.
Born in California, he commenced his career in the army as an alferes, or
ensign, and in this humble grade, he volunteered, at the suggestion of the
Mexican government, with a command of fifty soldiers, to establish a colony
on the north side of the bay of San Francisco, for the protection of the
frontier. He effectually subdued the hostile Indians inhabiting that then
remote region, and laid the foundation of a reputation for integrity, judg
ment and ability unequaled by any of his countrymen. Although quite a
young man, he had already filled the highest offices in the province, and
had at this time retired to private life near his estates in the vicinity of the
town of Sonoma. He did not hesitate to oppose with all his strength the
views advanced by Pico and Castro. He spoke nearly as follows :
" I cannot, gentlemen, coincide in opinion with the military and civil
functionaries who have advocated the cession of our country to France or
England. It is most true, that to rely any longer upon Mexico to govern
and defend us, would be idle and absurd. To this extent I fully agree with
my distinguished colleagues. It is also true that we possess a noble coun
try, every way calculated from position and resources to become great and
powerful. For that very reason I would not have her a mere dependency
upon a foreign monarchy, naturally alien, or at least indifferent, to our in
terests and our welfare. It is not to be denied that feeble nations have in
former times thrown themselves upon the protection of their powerful
neighbors. The Britons invoked the aid of the warlike Saxons, and fell an
easy prey to their protectors, who seized their lands and treated them like
slaves. Long before that time, feeble and distracted provinces had appealed
for aid to the all-conquering arms of imperial Rome, and they were at the
same time protected and subjugated by their grasping ally. Even could we
tolerate the idea of dependence, ought we to go to distant Europe for a
master ? What possible sympathy could exist between us and a nation
The Bear Flag War. 167
separated from us by two vast oceans ? But waving this insuperable ob
jection, how could we endure to come under the dominion of a monarchy ?
For, although others speak lightly of a form of Government, as a freeman
I cannot do so. We are republicans badly governed and badly situated
as we are still we are all, in sentiment, republicans. So far as we are
governed at all, we at least profess to be self-governed. Who, then, that
possesses true patriotism will consent to subject himself and his children to
the caprices of a foreign King and his official minions ? But it is asked,
if we do not throw ourselves upon the protection of France or England,
what shall we do ? I do not come here to support the existing order of
things, but I come prepared to propose instant and effective action to extri
cate our country from her present forlorn condition. My opinion is made
up that we must persevere in throwing off the galling yoke of Mexico, and
proclaim our independence of her forever. We have endured I her official
cormorants and her villainous soldiery until we can endure no longer. All
will probably agree with me that we ought at once to rid ourselves of what
may remain of Mexican domination. But some profess to doubt our ability
to maintain our position. To my mind there comes no doubt. Look at
Texas, and see how long she withstood the power of united Mexico. The
resources of Texas were not to be compared with ours, and she was much
nearer to her enemy than we are. Our position is so remote, either by land
or sea, that we are in no danger from Mexican invasion. Why, then,
should we hesitate still to assert our independence ? We have indeed taken
the first step, by electing our own Governor, but another remains to be
taken. I will mention it plainly and distinctly it is annexation to the
United States. In contemplating this consummation of our destiny, I feel
nothing but pleasure, and I ask you to share it. Discard old prejudices,
disregard old customs, and prepare for the glorious change which awaits
our country. Why should we shrink from incorporating ourselves with the
happiest and freest nation in the world, destined soon to be the most
wealthy and powerful ? Why should we go abroad for protection when
this great nation is our adjoining neighbor ? When we join our fortunes to
hers, we shall not become subjects, but fellow-citizens, possessing all the
rights of the people of the United States, and choosing our own federal
and local rulers. We shall have a stable government and just laws. Cali
fornia will grow strong and nourish, and her people will be prosperous,
happy and free. Look not, therefore, with jealousy upon the hardy pioneers
who scale our mountains and cultivate our unoccupied plains, but rather
welcome them as brothers who come to share with us a common destiny."
Such was the substance of General Vallejo's observations ; those who
listened to him, however, were far behind in general knowledge and intelli
gence. His arguments failed to carry conviction to the greater number of
his auditors, but the bold position taken by him was he cause of an imme-
168 History of Contra Costa County.
diate adjournment of the Junta, no result having been, arrived at concern
ing the weighty affairs on which they had met to deliberate. On his retir
ing from the Junta he embodied the views he had expressed in a letter to
Don Pio Pico, and reiterated his refusal to participate in any action having
for its end the adoption of any protection other than that of the United
States. In this communication he also declared that he would never serve
under any Government which was prepared to surrender California to an
European power ; he then returned to his estates, there to await the issue
of events.
We left William Knight at Fremont's camp, where he had arrived on
the morning of June 9, 1846, imparting his information to that officer and
the twenty settlers who had there assembled. At 10 A. M. of that day a
party of eleven men, under the oldest member, Ezekiel Merritt, started in
pursuit of Lieutenant Arci and his horses. On arrival at Hock Farm they
were joined by two more, and having crossed the American River at Sin-,
clair's, reached the rancho of Allen Montgomery, sixty miles from Fremont's
camp, at the Buttes, towards evening, and there supped. Here they received
the intelligence that Lieutenant Arci had reached Sutter's Fort on the 8th,
and had that morning resumed his march, intending to camp that night at
the rancho of Martin Murphy, twenty miles south, on the Cosurnne River.
Supper finished and a short rest indulged in, the party were once more in
the saddle, being strengthened by the addition of Montgomery and another
man, making the total force fifteen. They proceeded to within about five
miles of Murphy's, and there lay concealed till daylight, when they were
again on the move, and proceeded to within half a mile of the camp. Un-
perceived, they cautiously advanced to within a short distance, and then
suddenly charging, secured the Lieutenant and his party, as well as the
horses. Lieutenant Arci was permitted to retain his sword, each of his
party was given a horse wherewith to reach Santa Clara, and a person
traveling with him was permitted to take six of the animals which he
claimed as private property ; the Lieutenant was then instructed to depart,
and say to his chief, General Castro, that the remainder of the horses were
at his disposal whenever he should wish to come and take them. The
Americans at once returned to Montgomery's with the horses, and there
breakfasted ; that night, the 10th, they camped twenty-seven miles above
Sutter's, on the rancho of Nicolas Allgier, a German, not far from the mouth
of Bear River, and, in the morning, ascertaining that Fremont had moved
his camp hither from the Buttes, they joined him on the llth, at 10 A. M.,
having traveled about one hundred and fifty miles in forty-eight hours.
On arriving at Fremont's camp it was found that the garris6n had been
considerably augmented by the arrival of more settlers, who were all
ardently discussing the events of the last two days, and its probable results.
After a full hearing it was determined by them that, having gone so far,
The Bear Flag War. 169
their only chance of safety was in a rapid march to the town of Sonoma to
effect its capture, and to accomplish this before the news of the stoppage of
Lieutenant Arci and his horses could have time to reach that garrison. It
was felt that should this design prove successful all further obstacles to the
eventual capture of the country would have vanished. The daring band
then reorganized, still retaining in his position of captain, Ezekiel Merritt.
At 3 P. M., June 12th, under their leader, they left Fremont's camp for
Sonoma, one hundred and twenty miles distant, and traveling all that night,
passed the rancho of William Gordon, about ten miles from the present town
of Woodland, Yolo county, whom they desired to inform all Americans that
could be trusted, of their intention. At 9 A. M., on the 13th, they reached
Captain John Grigsby's, at the head of Napa valley, and were joined by
William L. Todd, William Scott and others. Here the company, which
now mustered thirty-three men, was reorganized, and addressed by Doctor
Robert Semple. Not desiring, however, to reach Sonoma till daylight, they
halted here till midnight, when they once more resumed their march, and
before it was yet the dawn of June 14, 1846, surprised and captured the
garrison of Sonoma, consisting of six soldiers, nine pieces of artillery, and
some small arms, etc., " all private property being religiously respected ; and
in generations yet to come their children's children may look back with
pride and pleasure upon the commencement of a revolution which was
carried on by their fathers' fathers upon principles as high and holy as the
laws of eternal justice."
Their distinguished prisoners were General Mariano Guadalupe Vallejo.
Lieutenant-Colonel Victor Prudon, Captain Don Salvador Mundo Vallejo,
brother to the General, and Mr. Jacob Primer Leese, brother-in-law to the
General.
We would now lay before the reader the account of this episode, as
described by General Vallejo, at the Centennial exercises, held at Santa
Rosa, Sonoma county, July 4, 1876 :
" I have now to say something of the epoch which inaugurated a new era
for this country. A little before dawn on June 14, 1846, a party of hunters
and trappers, with some foreign settlers, under command of Captain Merritt,
Doctor Semple and William B. Ide, surrounded my residence at Sonoma, and
without firing a shot, made prisoners of myself, then Commander of the
northern frontier ; of Lieutenant-Colonel Victor Prudon, Captain Salvador
Vallejo and Jacob P. Leese. I should here state that down to October, 1845,
I had maintained at my own expense a respectable garrison at Sonoma,
which often, in union with the settlers, did good service in campaigns
against the Indians ; but at last, tired of spending money which the Mex
ican Government never refunded, I disbanded the force, and most of the
soldiers who had constituted it left Sonoma. Thus in June, 1846, the Plaza
was entirely unprotected, although there were ten pieces of artillery, with
170 History of Contra Costa County.
other arms and munitions of war. The parties who unfurled the Bear Flag
were well aware that Sonoma was without defense, and lost no time in
taking advantage of this fact, and carrying out their plans. Years before,
I had urgently represented to the Government of Mexico the necessity of
stationing a sufficient force on the frontier, else Sonoma would be lost,
which would be equivalent to leaving the rest of the country an easy prey
to the invader. What think you, my friends, were the instructions sent
me in reply to my repeated demands for means to fortify the country ?
These instructions were that I should at once force the immigrants to re-
cross the Sierra Nevada, and depart from the territory of the Republic.
To say nothing of the inhumanity of these orders, their execution was
physically impossible first, because the immigrants came in Autumn, when
snow covered the Sierra so quickly as to make a return impracticable.
Under the circumstances, not only I, but Comandante General Castro, re
solved to provide the immigrants with letters of security, that they might
remain temporarily in the country. We always made a show of authority,
but well convinced all the time that we had no power to resist the invasion
which was coming upon us. With the frankness of a soldier I can assure
you that the American immigrants never had cause to complain of the
treatment they received at the hands of either authorities or citizens. They
carried us as prisoners to Sacramento, and kept us in a calaboose for sixty
days or more, until the authority of the United States made itself respected,
and the honorable and humane Commodore Stockton returned us to our
hearths."
On the seizure of their prisoners the revolutionists at once took steps to
appoint a captain, who was found in the person of John Grigsby, for
Ezekiel Merritt wished not to retain the permanent command ; a meeting
was then called at the barracks, situated at the northeast corner of the Plaza,
under the presidency of William B. Ide, Dr. Robert Semple being secretary.
At this conference Semple urged the independence of the country, stating
that having once commenced they must proceed, for to turn back was
certain death. Before the dissolution of the convention, however, rumors
were rife that secret emissaries were being dispatched to the Mexican
rancheros, to inform them of the recent occurrences ; therefore, to prevent
any attempt at a rescue it was deemed best to transfer their prisoners to
Sutter's Fort, where the danger of such would be less.
Before transferring their prisoners, however, a treaty or agreement was
entered into between the captives and captors, which will appear in the
annexed documents kindly furnished to us by General Vallejo, and which
have never before been given to the public. The first js in English, signed
by the principal actors in the revolution, and reads:
" We, the undersigned, having resolved to establish a government upon
Republican principles, in connection with others of our fellow-citizens, and
The Bear Flag War. 171
having taken up arms to support it, we have taken three Mexican officers as
prisoners, General M. G. Vallejo, Lieut. Col. Victor Prudon, and Captain D.
Salvador Vallejo; having formed and published to the world no regular plan
of government, feel it our duty to say that it is not our intention to take or
injure any person who is not found in opposition to the cause, nor will we
take or destroy the property of private individuals further than is necessary
for our immediate support. EZEKIEL MERRITT,
R. SEMPLE,
WILLIAM FALLON,
SAMUEL KELSEY."
The second is in the Spanish language, and reads as follows :
" Conste pr. la preste. qe. habiendo sido sorprendido pr. una numeros a
fuerza armada qe. me tomo prisionero y d, los gef es y oficiales qe. estaban de
guarnicion en esta plaza de la qe. se apodero la espresada fuerza, habiendola
encontrado absolutamte. indefensa, tanto yo. como Ids S. S. oficiales qe.
suscribero coinprometemos nuestra palabra de honor de qe. estando bajo
las garantias de prisionero de guerra, no tomaremos las armas ni a favor ni
contra repetida fuerza armada de quien hemos recibiro la intimacion del
momto. y un escrito firmado qe. garantiza nuestras vidas, familias de inte-
reses, y los de todo el vecindario de esta jurisdn. mientras no hagamos oposi-
cion. Sonoma, Junio 14 de 1846. M. G. VALLEJO.
VCR. PRUDON. SALVADOR VALLEJO."
But to proceed with our narrative of the removal of the general, his
brother and Prudon to Sutter's Fort. A guard, consisting of William B. Ide,
as captain, Captain Grigsby, Captain Merritt, Kit Carson, William Har-
grave, and five others, left Sonoma for Sutter's Fort with their prisoners
upon horses actually supplied by General Vallejo himself. We are told
that on the first night after leaving Sonoma with their prisoners, the revo
lutionists, with singular inconsistency, encamped and went to sleep without
setting sentinel or guard ; that during the night they were surrounded by a
party under the command of Juan de Padilla, who crept up stealthily and
awoke one of the prisoners, telling him that there was with him close at
hand a strong and well-armed force of rancheros, who, if need be, could
surprise and slay the Americans before there was time for them to fly to
arms, but that he, Padilla, before giving such instructions, awaited the
orders of General Vallejo, whose rank entitled him to the command of any
such demonstration. The general was cautiously aroused and the scheme
divulged to him, but with a self-sacrifice which cannot be too highly com
mended, answered tlmt he should go voluntarily with his guardians, that
he anticipated a speedy and satisfactory settlement of the whole matter,
advised Padilla to return to his rancho and disperse his band, and positively
refused to permit any violence to the guard, as he wa convinced that such
172 History of Contra Costa County.
would lead to disastrous consequences, and probably involve the rancheros
and their families in ruin, without accomplishing any good result. Lieu
tenant Revere says of this episode :
" This was not told to me by Vallejo, but by a person who was present,
and it tallies well with the account given by the revolutionists themselves,
several of whom informed me that no guard was kept by them that night,
and that the prisoners might have easily escaped had they felt so inclined.
The same person also told me that when Vallejo was called out of bed and
made a prisoner in his own house, he requested to be informed as to the
plans and objects of the revolutionists, signifying his readiness to collect
and take command of a force of his countrymen in the cause of inde
pendence."
Having traveled about two-thirds of the way from Slitter's Fort, Captain
Merritt and Kit Carson rode on ahead with the news of the capture of
Sonoma, desiring that arrangements be made for the reception of the pris
oners. They entered the fort early in the morning of June 16th. That
evening the rest of the party, with their prisoners, came and were handed
over to the safe-keeping of Captain Sutter, who, it is said, was severely
censured by Captain Fremont for his indulgence to them.
Mr. Thomas C. Lancey, the author of several interesting letters on this
subject, which appeared in The Pioneer during the year 1878, remarks :
" There have been so many questions raised during this year (1878) in
relation to the date of the hoisting of the ' Bear Flag,' who made it, and
what material it was manufactured from, as well as the date of the capture
of Sonoma, and the number of men who marched that morning, that I shall
give the statements of several who are entitled to a hearing, as they were
actors in that drama.
" The writer of this (Mr. Lancey) was here in 1846, and served daring the
war, and has never left the country since, but was not one of the ' Bear
Flag party,' but claims, from his acquaintance with those who were, to be
able to form a correct opinion as to the correctness of these dates. Dr.
Robert Semple, who was one of that party from the first, says, in his diary,
that they entered Sonoma at early dawn on the 14th of June, 1846, thirty-
three men, rank and file. William B. Ide, who was chosen their commander,
says in his diary the same. Captain Henry L. Ford, another of this number,
says, or rather his historian, S. H. W., of Santa Cruz, who I take to be the
Rev. S. H. Willey, makes him say they captured Sonoma on the 12th of
June, with thirty-three men. Lieutenant William Baldridge, one of the
party, makes the date the 14th of June, and number of men twenty-three.
Lieutenant Joseph Warren Revere, of the United States ship ' Portsmouth,'
who hauled down the ' Bear Flag ' and hoisted the American flag on the
9th of July, and at a later date commanded the garrison, says the place was
captured on the 14th of June." To this list is now added the documentary
The Bear Flag War. 173
evidence produced above, fixing the date of the capture of General Vallejo
and his officers, and therefore the taking of Sonoma, as June 14, 1846.
On the seizure of the citadel of Sonoma, the Independents found floating
from the flagstaff-head the flag of Mexico, a fact which had escaped notice
during the bustle of the morning. It was at once lowered, and they set to
work to devise a banner which they should claim as their own. They were
as one on the subject of there being a star on the groundwork, but they
taxed their ingenuity to have some other device, for the ' lone star ' had been
already appropriated by Texas.
So many accounts of the manufacture of this insignia have been pub
lished that we give the reader those quoted by the writer in The, Pioneer:
" A piece of cotton cloth," says Mr. Lancey, " was obtained, and a man
by the name of Todd proceeded to paint from a pot of red paint a star in
the corner. Before he was finished, Henry L. Ford, one of the party, pro
poses to paint on the center, facing the star, a grizzly bear. This was unani
mously agreed to, and the grizzly bear was painted accordingly. When it
was done, the flag was taken to the flag-staff, and hoisted amid the hurrahs
of the little party, who swore to defend it with their lives."
Of this matter Lieutenant Revere says : " A flag was also hoisted bearing
a grizzly bear rampant, with one stripe below, and the words 'Republic of
California' above the bear, and a single star -in the Union." This is the
evidence of the officer who- hauled down the Bear flag and replaced it with
the Stars and Stripes on July 9, 1846.
The Western Shore Gazetteer has the following version : " On the 14th
jf June, 1846, this little handful of men proclaimed California a free and
independent republic, and on that day hoisted their flag, known as the
Bear flag ;' this consisted of a strip of worn-out cotton domestic, furnished
Mrs. Kelley, bordered with red flannel, furnished by Mrs. John Sears,
who had fled from some distant part to Sonoma for safety upon hearing that
far had been thus commenced. In the center of the flag was a representa
tion of a bear, en passant, painted with Venetian red, and in one corner was
painted a star of the same color. Under the bear were inscribed the words
'Republic of California,' put on with common writing ink. This flag is pre
served by the California Pioneer Association, and may be seen at their
rooms in San Francisco. It was designed and executed by W. L. Todd."
The Sonoma Democrat, under the caption, "A True History of the Bear
Flag," tells its story : " The rest of the revolutionary party remained in
possession of the town. Among them were three young men, Todd, Benja
min Duell and Thomas Cowie. A few days after the capture, in a casual
conversation between these young men, the matter of a flag came up. They
had no authority to raise the American flag, and they determined to make
one. Their general idea was to imitate, without following too closely, their
national ensign. Mrs. W. B. Elliott had been brought to the town of
174 History of Contra Costa County.
Sonoma by her husband from his ranch on Mark West Creek for safety.
The old Elliott cabin may be seen to this day on Mark West Creek, about
a mile above the Springs. From Mrs. Elliott, Ben Duell got a piece of
new red flannel, some white domestic, needles, and thread. A piece of blue
drilling was obtained elsewhere. From this material, without consultation
with any one else, these three young men made the Bear Flag. Cowie had
been a saddler. Duell had also served a short time at the same trade. To
form the flag Duel] and Cowie sewed together alternate strips of red, white
and blue. Todd drew in the upper corner a star and painted on the lower
a rude picture of a grizzly bear, which was not standing, as has been some
times represented, but was drawn with head down. The bear was after
wards adopted as the design of the great seal of the State of California.
On the original flag it was so rudely executed that two of those who saw it
raised have told us that it looked more like a hog than a bear. Be that as
it may, its meaning was plain that the revolutionary party would, if
necessary, fight their way through at all hazards. In the language of our
informant, it meant that there was no back out ; they intended to fight it
out. There were no halyards on the flag-staff which stood in front of
the barracks. It was again reared, and the flag, which was soon to be re
placed by that of the Republic, for the first time floated on the breeze."
Besides, the above quoted authorities, John S. Hittell, historian of the
Society of California Pioneers, San Francisco, and H. H. Bancroft, the Pacific
Coast historian, fixed the dates of the raising of the Bear flag as June 12th
and June 1 5th, respectively. William Winter, Secretary of the Association of
Territorial Pioneers of California, and Mr. Lancey, questioned the correctness
of these dates, and entered into correspondence with all the men known to
be alive who were of that party, and others who were likely to throw any
light on the subject. Among many answers received, we quote the follow
ing portion of a letter from James G. Bleak :
" ST. GEORGE, UTAH, 16th of April, 1878.
" To William Winter, Esq., Secretary of Association, Territorial Pioneers
of California
" DEAR SIR : Your communication of 3d instant is placed in my hands
by the widow of a departed friend James M. Ide, son of William B. as I
have at present in my charge some of his papers. In reply to your ques
tion asking for the ' correct date ' of raising the ' Bear flag ' at Sonoma, in
1846, I will quote from the writing of William B. Ide, deceased: The said
Bear flag (was) made of plane (plain) cotton cloth, and ornamented with the
red flannel of a shirt from the back of one of the men, and christened by
the ' California Republic,' in red paint letters on both sides ; (it) was raised
upon the standard where had floated on the breezes the Mexican flag afore
time ; it was the 14th June, '46. Our whole number was twenty -four,
The Bear Flag War. 175
all told. The mechanism of the flag was performed by William L. Todd,
of Illinois. The grizzly bear was chosen as an emblem of strength and un
yielding resistance."
The following testimony, conveyed to the Los Angeles Express from the
artist of the flag, we now produce as possibly the best that can be found :
" Los ANGELES, January llth, 1878.
" Your letter of the 9th inst. came duly to hand, and in answer I have
to say in regard to the making of the original Bear flag of California, at
Sonoma, in 1846, that when the Americans, who had taken up arms against
the Spanish regime, had determined what kind of a flag should be adopted,
the following persons performed the work : Granville P. Swift, Peter Storm,
Henry L. Ford and myself; we procured, in the house where we made our
head-quarters, a piece of new, unbleached cotton domestic, not quite a yard
wide, with strips of red flannel about four inches wide, furnished by Mrs.
John Sears, on the lower side of the canvas. On the upper left-hand corner
was a star, and in the center was the image made to represent a grizzly
bear passant, so common in this country at the time. The bear and star
were painted with paint made of linseed oil and Venetian red or Spanish
brown. Underneath the bear were the words ' California Republic.' The
other persons engaged with me got the materials together, while I acted as
artist. The forms of the bear and star and the letters were first lined out
with pen and ink by myself, and the two forms were filled in with the red
paint, but the letters with ink. The flag mentioned by Mr. Hittell with the
bear rampant, was made, as I always understood, at Santa Barbara, and was
painted black. Allow me to say, that at that time there was not a wheel
wright shop in California. The flag I painted I saw in the rooms of the
California Pioneers in San Francisco, in 1870, and the Secretary will show
it to any person who will call on him at any time. If it is the one that I
painted, it will be known by a mistake in tinting out the words ' California
Republic.' The letters were first lined out with a pen, and I left out the
letter ' I,' and lined out the letter ' C ' in its place. But afterwards I lined
out the letter ' I ' over the ' C,' so that the last syllable of ' Republic ' looks
as if the two last letters were blended.
"Yours respectfully, WM. L. TODD."
The San Francisco Evening Post of April 20, 1874, has the following :
" General Sherman has just forwarded to the Society of California Pioneers
the guidon "which, the Bear Company bore at the time of the conquest of
California. The relic is of white silk, with a two-inch wide red stripe, at
the bottom, and a bear in the center, over which is the inscription : ' Re
public of California.' It is accompanied by the foljowing letter from the
donor :
176 History of Contra Costa County.
" Society of California Pioneers, San Francisco, California GENTLE
MEN : At the suggestion of General Sherman, I beg leave to send to your
Society herewith a guidon, formerly belonging to the Sonoma troop of the
California Battalion of 1846, for preservation. This guidon I found among
the effects of that troop when I hauled down the Bear Flag and substituted
the flag of the United States at Sonoma, on the 9th of July, 1846, and
have preserved it ever since. Very respectfully, etc.,
"Jos. W. REVERE, Brigadier-General.
" Morristown, N. J., February 20, 1874."
The garrison being now in possession, it was necessary to elect officers ;
therefore, Henry L. Ford was elected First Lieutenant ; Granville P. Swift,
First Sergeant, and Samuel Gibson, Second Sergeant. Sentries were posted,
and a system of military routine inaugurated. In the forenoon, while on
parade, Lieutenant Ford addressed the company in these words: "My
countrymen ! We have taken upon ourselves a very responsible duty. We
have entered into a war with the Mexican nation. We are bound to defend
each other or be shot! There's no half-way place about it. To defend our
selves we must have discipline. Each of you has had a voice in choosing
your officers. Now they are chosen they must be obeyed." To which the
entire band responded that the authority of the officers should be supported.
The words of William B. Ide, in continuation of the letter quoted above,
throw further light upon the machinery of the civil-military force : " The
men were divided into two companies of ten men each. The First Artillery
were busily engaged in putting the cannons in order, which were charged
doubly with grape and canister. The First Rifle Company were busied in
cleaning, repairing and loading the small arms. The Commander, after
setting a guard and posting a sentinel on one of the highest buildings, to
watch the approach of any persons who might feel a curiosity to inspect our
operations, directed his leisure to the establishment of some system of
finance, whereby all the defenders' families might be brought within the
lines of our garrison, and supported. Ten thousand pounds of flour were
purchased on the credit of the Government, and deposited with the gar
rison ; and an account was opened, on terms agreed upon, for a supply of beef
and a few barrels of salt, constituted our main supplies. Whisky was
contrabanded altogether. After the first round of duties was performed,
as many as could be spared off guard were called together, and our situation
fully explained to the men by the commanders of the garrison.
" It was fully represented that our success nay, our very 1 if e- 1 depended
on . the magnanimity and justice of our course of conduct, coupled with
sleepless vigilance and care. (But ere this we had gathered as many of the
surrounding citizens as was possible, and placed them out of harm's way,
between four strong walls. They were more than twice our number.) The
The Bear Flag War. 177
Commander chose from these strangers the most intelligent, and by the use
of an interpreter went on to explain the cause of our coming together ; our
determination to offer equal protection and equal justice to all good and
and virtuous citizens ; that we had not called them there to rob them of
any portion of their property, or to disturb them in their social relations
one with another ; nor yet to desecrate their religion."
As will be learned from the foregoing, the number of those who were
under the protection of the Bear flag within Sonoma had been considerably
increased. A messenger had been dispatched to San Francisco to inform
Captain Montgomery, of the United States ship " Portsmouth," of the action
taken by them, he further stating that it was the intention of the insur
gents never to lay down their arms until the independence of their adopted
country had been established. Another message was dispatched about this
time, but in a different direction. Lieutenant Ford, rinding that the maga
zine was short of powder, dispatched two men, named Cowie and Fowler,
to the Sotoyome rancho, owned by H. D. Fitch, for a bag of rifle powder.
The former messenger returned, the latter, never. Before starting, they
were cautioned against proceeding by traveled ways ; good advice, which,
however, they only followed for the first ten miles of their journey, when
they struck into the main thoroughfare to Santa Rosa. At about two miles
from that place they were attacked and slaughtered by a party of Califor-
nians. Two others were dispatched on special duty ; they, too, were cap
tured, but were better treated. Receiving no intelligence from either of the
parties, foul play was suspected ; therefore, on the morning of the 20th of
June, Sergeant Gibson was ordered, with four men, to proceed to the Soto
yome rancho, learn, if possible, the whereabouts of the missing men, and
procure the powder. They went as directed, secured the ammunition, but
got no news of the missing men. As they were passing Santa Rosa, on
their return, they were attacked at daylight by a few Californians, and
turning upon their assailants, captured two of them, Bias Angelina and
Bernardino Garcia, alias Three-fingered Jack, and took them to Sonoma.
They told of the taking and slaying of Cowie and Fowler, and that their
captors were Ramon Mesa Domingo, Mesa Juan Padilla, Ramon Carrillo,
Bernardino Garcia, Bias Angelina, Francisco Tibran, Ygnacio Balensuella,
Juan Peralta, Juan Soleto, Inaguan Carrello, Marieno Merando, Francisco
Garcia, Ygnacio Stigger. The story of their death is a sad one. After
Cowie and Fowler had been seized by the Californians, they encamped
for the night, and the following morning determined in council what
should be the fate of their captives. A swarthy New Mexican, named Mesa
Juan Padilla, and Three-fingered Jack, the Calif ornian, were loudest in their
denunciation of the prisoners as deserving of death, and, unhappily, their
counsels prevailed. The unfortunate young men were then led out, stripped
178 History of Contra Costa County.
naked, bound to a tree with a lariat, while, for a time, the inhuman mon
sters practiced knife-throwing at their naked bodies, the victims the while
praying to be shot. They then commenced throwing stones at them, one of
which broke the jaw of Fowler. The fiend, Three-fingered Jack, then
advancing, thrust the end of his riata (a rawhide rope) through the mouth,
cut an incision in the throat, and then made a tie, by which the jaw was
dragged out. They next proceeded to kill them slowly with their knives.
Cowie, who had fainted, had' the flesh stripped from his arms and shoulders,
and pieces of flesh were cut from their bodies and crammed into their
mouths, they being finally disemboweled. Their mutilated remains were
afterwards found, and buried where they fell, r upon the farm now owned by
George Moore, two miles north of Santa Rosa. No stone marks the grave
of these pioneers, one of whom took so conspicuous a part in the events
which gave to the Union the great State of California.
Three-fingered Jack was killed by Captain Harry Love's Rangers, July
27, 1853, at Pinola Pass, near the Merced river, with the bandit, Joaquin
Murietta ; while Ramon Carrillo met his death at the hands of the Vigi
lantes, between Los Angeles and San Diego, May 21, 1864. At the time
of his death, the above murder, in which it was said he was implicated,
became the subject of newspaper comment, indeed, so bitter were the re
marks made, that on June 4, 1864, the Sonoma Democrat published a letter
from Julio Carrillo, a respected citizen of Santa Rosa, an extract from which
we reproduce :
" But I wish more particularly to call attention to an old charge, which
I presume owes its revival to the same source, to wit : That my brother,
Ramon Carrillo, was connected with the murder of two Americans, who had
been taken prisoners by a company commanded by Juan Padilla, in 1846.
" I presume this charge first originated from the fact that my brother
had been active in raising the company which was commanded by Padilla,
and from the further fact that the murder occurred near the Santa Rosa
farm, then occupied by my mother's family.
" Notwithstanding these appearances, I have proof which is iricon-
testible, that my brother was not connected with this affair, and was not
even aware that these men had been taken prisoners until after they had
been killed. The act was disapproved of by all native Californians at the
time, excepting those implicated in the killing, and caused a difference
which was never entirely healed.
" There are, as I believe, many Americans how living in this vicinity,
who were here at the time, and who know the facts I have mentioned.
I am ready to furnish proof of what I have said to any who may desire it."
The messenger dispatched to the U. S. ship " Portsmouth " returned on
the 17th in company with the First Lieutenant of that ship, John Storny
The Bear Flag War. 179
Missroom, and John E. Montgomery, son and clerk of Captain Montgomery,
who dispatched by express letters from that officer to Fremont and Sutter.
These arrived the following day, the 18th, and the day after, the 19th, Fre
mont came to Slitter's with twenty -two, men and Jose Noriega of San Jose
and Vicente Peralta, as prisoners.
At Sonoma on this day, June 18th, Captain William B. Ide, with the
consent of the garrison, issued the following :
" A proclamation to all persons and citizens of the District of Sonoma,
requesting them to remain at peace and follow their rightful occupations
without fear of molestation.
" The cominander-in-chief of the troops assembled at the fortress of So
noma gives his inviolable pledge to all persons in California not found
under arms, that they shall not be disturbed in their persons, their property,
or social relation, one with another, by men under his command.
" He also solemnly declares his object to be : first, to defend himself and
companions in arms, who were invited to this country by a promise of lands
on which to settle themselves and families ; who were also promised a Re
publican Government ; when, having arrived in California, they were de
nied the privilege of buying or renting lands of their friends, who, instead
of being allowed to participate in or being protected by a republican Govern
ment, were oppressed by a military despotism ; who were even threatened by
proclamation by the chief officers of the aforesaid despotism with extermina
tion if they should not depart out of the country, leaving all their property,
arms and beasts of burden ; and thus deprived of their means of flight or
defense, were to be driven through deserts inhabited by hostile Indians to
certain destruction.
"To overthrow a government which has seized upon the property of the
missions for its individual aggrandizement ; which has ruined and shame
fully oppressed the laboring people of California by enormous exactions on
goods imported into the country, is the determined purpose of the brave
men who are associated under my command.
" I also solemnly declare my object, in the second place, to be to invite
all peaceable and good citizens of California who are friendly to the main
tenance of good order and equal rights, and I do hereby invite them to
repair to my camp at Sonoma, without delay, to assist us in establishing and
perpetuating a Republican Government, which shall secure to all, civil and
religious liberty ; which shall encourage virtue and literature ; which shall
leave unshackled by fetters, agriculture, commerce and manuf actures.
" 1 further declare that I rely upon the rectitude of our intentions, the
favor of heaven and the bravery of those who are bound and associated with
me by the principles of self-preservation, by the love of truth and the
hatred of tyranny, for my hopes of success.
180 History of Contra Costa County.
" I furthermore declare that I believe that a government, to be prosper
ous and happy, must originate with the people who are friendly to its ex
istence ; that the citizens are its guardians, the officers its servants, its glory
its reward. " WILLIAM B. IDE.
"Headquarters, Sonoma, June 18, 1846."
The Pioneer says Captain William B. Ide was born in Ohio, came over
land, reaching Butter's Fort in October, 1845. June 7, 1847, Governor
Mason appointed him land surveyor for the northern district of California,
and same month was Justice of the Peace at Cache creek. At an early day
he got a grant of land which was called the Rancho Barranca Colorado, just
below Red creek in Colusa county, as it was then organized. In 1851 he
was elected County Treasurer, with an assessment roll of three hundred and
seventy-three thousand two hundred and six dollars ; moved with the
county seat to Monroeville, at the mouth of Stoney creek ; September 3,
1851, he was elected County Judge of Colusa county, and practiced law,
having a license. Judge Ide died of small -pox at Monroeville on Saturday,
December 18, 1852, aged fifty years.
Let us for a moment turn to the doings of Castro. On June 17th he
issued two proclamations, one to the new, the other to the old citizens and
foreigners. Appended are translations :
" The citizen, Josd Castro, Lieutenant-Colonel of Cavalry in the Mexican
Army, and acting General Commandant of the Department of California.
" FELLOW-CITIZENS : The contemptible policy of the agents of the United
States of North America in this Department has induced a number of ad
venturers, who, regardless of the rights of men, have designedly commenced
an invasion, possessing themselves of the town of Sonoma, taking by sur
prise all the place, the military commander of that border, Col. Don Mariano
Guadalupe Vallejo, Lieutenant-Colonel Don Victor Prudon, Captain Don
Salvador Vallejo and Mr. Jacob P. Leese.
" Fellow-countrymen, the defense of our liberty, the true religion which
our fathers possessed, and our independence, calls upon us to sacrifice our
selves rather than lose those inestimable blessings. Banish from your
hearts all petty resentments ; turn you, and behold yourselves, these fam
ilies, these innocent little ones, which have unfortunately fallen into the
hands of our enemies, dragged from the bosoms of their fathers, who are
prisoners among foreigners, and are calling upon us to succor them. There
is still time for us to rise en 'masse, as irresistible as retribution. You need
not doubt but that Divine Providence will direct us in the way to glory.
You should not vacillate because of the smallness of the garrison of the
general headquarters, for he who will first sacrifice himself will be your
friend and fellow-citizen, " JOSE CASTRO.
"Headquarters, Santa Clara, June 17, 1846."
The Bear Flag War. 181
" The citizen Jose Castro, Lieutenant-Colonel of Cavalry in the Mexican
Army and Acting Commandant of the Department of California.
" All foreigners residing among us, occupied with their business, may rest
assured of the protection of all the authorities of the Department while
they refrain entirely from all revolutionary movements.
" The General Comandancia under my charge will never proceed with
vigor against any persons, neither will its authority result in mere words,
wanting proof to support it ; declarations shall be taken, proofs executed,
and the liberty and rights of the laborious, which is ever commendable >
shall be protected.
" Let the fortunes of war take its chance with those ungrateful men,
who, with arms in their hands, have attacked the country, without recol
lecting that they were treated by the undersigned with all the indulgence
of which he is so characteristic. The imperative inhabitants of the depart
ment are witness to the truth of this. I have nothing to fear ; my duty
leads me to death or victory. I am a Mexican soldier, and I will be free
and independent, or I will gladly die for those inestimable blessings.
" JOSE CASTRO.
" Headquarters, Santa Clara, June 17, 1846."
On June 20th a body of about seventy Californians, under Captain Jose*
Joaquin de la Torre, crossed the Bay of San Francisco, and, being joined by
Correo and Padilla, marched to the vicinity of San Rafael, while General
Castro had, by the utmost pressure, raised his forces to two hundred and
fifty men, most of them being forced volunteers. Of this system of re
cruiting Lieutenant Revere says : " I heard that on a feast day, when the
rancheros came to the mission in their ' go-to-meeting ' clothes, with their
wives and children, Castro seized their horses and forced the men to volun
teer in defense of their homes, against los salvages Americanos. Castro, at
the head of his army, on the evening of the 27th of June, marched out of
Santa Clara, and proceeding around the head of the Bay of San Francisco,
as far as the San Leandro creek, halted on the rancho of Estudillo, where
we shall leave them for the present.
Captain J. C. Fremont, having concluded that it had become his duty
to take a personal part in the revolution which he had fostered, on June
21st transferred his impedimenta to the safe-keeping of Captain Sutter at
the fort, and recrossing the American river, encamped on the Sinclair rancho,
where he was joined by Pearson B. Redding and all the trappers about Sut
ter 's Fort, and there awaited orders. On the afternoon of the 23d, Har
rison Pierce, who had settled in Napa valley in 1843, came into their
camp, having ridden the eighty miles with but one change of horses, which
he procured from John R. Wolfskill, on Putah creeks now Solano county,
and conveyed to Fremont the intelligence that the little garrison at Sonoma
182 History of Contra Costa County.
was greatly excited, consequent on news received that General Castro, with
a considerable force, was advancing on the town and hurling threats of re
capture and hanging of the rebels. On receiving the promise of Fremont
to come to their rescue as soon as he could put ninety men into the saddle,
Pierce obtained a fresh mount, and returned, without drawing rein, to the
anxious garrison, who received him and his message with every demonstra
tion of joy. Fremont, having found horses for his ninety mounted rifles,
left the Sinclair rancho on June 23d a curious-looking cavalcade, truly.
One of the party writes of them :
" There were Americans, French, English, Swiss, Poles, Russians, Prus
sians, Chileans, Germans, Greeks, Austrians, Pawnees, native Indians, etc.,
all riding side by side, and talking a polyglot lingual hash never exceeded
in diversibility since the confusion of tongues at the tower of Babel.
" Some wore the relics of their home-spun garments, some relied upon
the antelope and the bear for their wardrobe, some lightly habited in
buckskin leggings and a coat of war-paint, and their weapons were equally
various.
" There was the grim old hunter with his long, heavy rifle, the farmer
with his double-barreled shot-gun, the Indian with his bow and arrows, and
others with horse-pistols, revolvers, sabres, ships' cutlasses, bowie-knives
and ' pepper-boxes ' (Allen's revolvers)."
Though the Bear Flag army was incongruous in personnel, as a body it
was composed of the best righting material. Each of them was inured to
hardship and privation, self-reliant, fertile in resources, versed in woodcraft
and Indian fighting, accustomed to handle firearms, and full of energy and
daring. It was a band of hardy adventurers, such as in an earlier age wrested
this land from the feebler aborigines. With this band Fremont arrived at
Sonoma at two o'clock on the morning of June 25, 1846, having made forced
marches.
The reader may not have forgotten the capture and horrible butchery of
Cowie and Fowler by the Padilla party. A few days thereafter, while
William L. Todd (the artist of the Bear flag) was trying to catch a horse at
a little distance from the barracks at Sonoma, he was captured by the same
gang, and afterwards falling in with another man, he, too, was taken pris
oner. The party several times signified their intention of slaying Todd, but
he fortunately knowing something of the Spanish tongue, was enabled to
make them understand that his death would seal General Vallejo's doom,
which saved him. He and his companion in misfortune, with whom he had
no opportuuity to converse, but who appeared like an Englishman a half
fool and common loafer were conveyed to the Indian rancheria called
Olompoli, some eight miles from Petaluma.
For the purpose of liberating the prisoners and keeping the enemy in
check until the arrival of Captain Fremont, Lieutenant Ford mustered a
The Bear Flag War. 183
squad, variously stated at from twenty to twenty-three men, among whom
were Granville P. Swift, Samuel Kelsey, William Baldridge and Frank
Bedwell, and on June 23d, taking with them the two prisoners, Bias Ange
lina and Three-fingered Jack, from Sonoma, marched for where it was
thought the Californians had established their headquarters. Here they
learned from some Indians, under considerable military pressure, that the
Californian troops had left three hours before. They now partook of a
hasty meal, and with one of the Indians as guide, proceeded towards the
Laguna de San Antonio, and that night halted within half a mile of the
enemy's camp. At dawn they charged the place, took the only men they
found there prisoners ; their number was four, the remainder having left for
San Rafael.
Four men were left here to guard their prisoners and horses, Ford, with
fourteen others, starting in pursuit of the enemy. Leaving the lagoon of
San Antonio, and having struck into the road leading into San Rafael, after
a quick ride of four miles, they came in sight of the house where the Cali
fornians had passed the night with their two prisoners, Todd and his com
panion, and were then within its walls enjoying themselves. Ford's men
were as ignorant of their proximity as were the Californians of theirs.
However, when the advanced guard arrived in sight of the corral, and per
ceiving it to be full of horses, with a number of Indian vaqueros around it,
they made a brilliant dash to prevent the animals from being turned loose.
While exulting over their good fortune at this unlocked for addition to
their cavalry arm, they were surprised to see the Californians rush out
of the house and mount their already saddled quadrupeds. It should be
said that the house was situated on the edge of a plain, some sixty yards
from a grove of brushwood. In a moment Ford formed his men into two
half companies and charged the enemy, who, perceiving the movement,
retreated behind the grove of trees. From his position Ford counted them,
and found that there were eighty-five. Notwithstanding he had but four
teen in his ranks, nothing daunted, he dismounted his men, and taking
advantage of the protection offered by the brushwood, prepared for action.
The Californians, observing this evolution, became emboldened, and prepared
for a charge. On this,^ Ford calmly awaited the attack, giving stringent
orders that his rear rank should hold their fire until the enemy were well
up. On they came, with shouts, the brandishing of swords and the flash of
pistols, until within thirty yards of the Americans, whose front rank then
opened a withering fire, and emptied the saddles of eight of the Mexican
soldiery. On receiving this volley the enemy wheeled to the right-about
and made a break for the hills, while Ford's rear rank played upon them at
long range, causing three more to bite the earth, and wounding two others.
The remainder retreated, helter-skelter, to a hill in." the direction of San
Rafael, leaving the two prisoners in the house. Ford's little force, having
184 History of Contra Costa County.
now attained the object of their expedition, secured their prisoners of war,
and going to the corral, where the enemy had a large drove of horses,
changed their jaded nags for fresh ones, took the balance, some four hundred,
and retraced their victorious steps to Sonoma, where they were heartily
welcomed by their anxious countrymen, who had feared for their safety.
We last left Captain Fremont at Sonoma, where he had arrived at 2
A. M. of the 25th June. After giving his men and horses a short rest, and
receiving a small addition to his force, he was once more in the saddle and
started for San Rafael, where it was said Castro had joined De la Torre with
two hundred and fifty men. At 4 o'clock in the afternoon they came in
sight of the position thought to be occupied by the enemy. This they
approached cautiously until quite close, then charged, the three first to enter
being Fremont, Kit Carson, and J. W. Marshall (the future discoverer of
gold), but they found the lines occupied by only four men, Captain Torre
having left some three hours previously. Fremont camped on the ground
that night, and on the following morning, the 26th, dispatched scouting
parties, while the main body remained at San Rafael for three days. Cap
tain Torre had departed, no one knew whither ; he left not a trace ; but
General Castro was seen, from the commanding hills behind, approaching on
the other side of the bay. One evening a scout brought in an Indian, on
whom was found a letter from Torre to Castro, purporting to inform the
latter that he would that night concentrate his forces and march upon
Sonoma and attack it in the morning.
Captain Gillespie and Lieutenant Ford held that the letter was a ruse
designed for the purpose of drawing the American forces back to Sonoma,
and thus leave an avenue of escape open for the Californians. Opinions on
the subject were divided ; however, by midnight every man of them was in
Sonoma. It was afterwards known that they had passed the night within
a mile of Captain de la Torre's camp, who, on ascertaining the departure of
the revolutionists, effected his escape to Santa Clara, via Saucelito.
On or about the 26th of June, Lieutenant Joseph W. Revere, of the
sloop-of-war " Portsmouth," in company with Dr. Andrew A. Henderson
and a boat load of supplies, arrived at Sutter's Fort ; there arriving also on
the same day a party of men from Oregon, who at once cast their lot with
the " Bear Flag " band, while on the 28th another boat, with Lieutenants
Washington and Bartlett, put in an appearance.
Of this visit of Lieutenant Revere to what afterwards became Sacra
mento city, he says :
" On arriving at the ' Embarcadero ' (landing) we were not surprised to
find a mounted guard of ' patriots,' who had long been apprised by the
Indians that a boat was ascending the river. These Indians were indeed
important auxiliaries to the Revolutionists, during the short period of strife
between the parties contending for the sovereignty of California. Having
The Bear Flag War. 185
been most cruelly treated by the Spanish race, murdered even, on the
slightest provocation, when their oppressors made marauding expeditions
for servants, and when captured compelled to labor for their unsparing
taskmasters, the Indians throughout the country hailed the day when the
hardy strangers from beyond the Sierra Nevada rose up in arms against the
kijos del pais (sons of the country). Entertaining an exalted opinion of
the skill and prowess of the Americans, and knowing from experience that
they were of a milder and less sanguinary character than the rancheros,
they anticipated a complete deliverance from their burdens, and assisted
the revolutionists to the full extent of their humble abilities.
" Emerging from the woods lining the river, we stood upon a plain of
immense extent, bounded on the west by the heavy timber which marks
the course of the Sacramento, the dim outline of the Sierra Nevada appear
ing in the distance. We now came to some extensive fields of wheat in
full bearing, waving gracefully in the gentle breeze like the billows of the
sea, and saw the white-washed walls of the fort, situated on a small emi
nence commanding the approaches on all sides.
" We were met and welcomed by Captain Sutter and the officer in
command of the garrison, but the appearance of things indicated that our
reception would have been very different had we come on a hostile errand.
" The appearance of the fort, with its crenated walls, fortified gate-way
and bastioned angles ; the heavily-bearded, fierce-looking hunters and trap
pers, armed with rifles, bowie-knives and pistols ; their ornamented hunt
ing-shirts and gartered leggings ; their long hair, turbaned with colored
handkerchiefs ; their wild and almost savage looks and dauntless and inde
pendent bearing ; the wafgons filled with golden grain ; the arid, yet fertile
plains ; the caballadas driven across it by wild, shouting Indians, enveloped
in clouds of dust, and the dashing horsemen scouring the fields in every
direction ; all these accessories conspired to carry me back to the romantic
East, and I could almost fancy again that I was once more the guest of
some powerful Arab chieftain, in his desert stronghold. Everything bore
the impress of vigilance and preparation for defense, and not without rea
son, for Castro, then at the Pueblo de San Josd, with a force of several
hundred men, well provided with horses and artillery, had threatened to
march upon the valley of the Sacramento.
" The fort consists of a parallelogram, enclosed by adobe walls fifteen
feet high and two thick, with bastions or towers at the angles, the walls of
which are four feet thick, and their embrasures so arranged as to flank the
curtain on all sides. A good house occupies the center of the interior area,
serving for officers' quarters, armories, guard and state rooms, and also for a
kind of citadel. There is a second wall on the inner face, the space between
it and the outer wall being roofed and divided into workshops, quarters, etc.,
and the usual offices are provided, and also a well of good water. Corrals
186 History of Contra Costa County.
for the cattle and horses of the garrison are conveniently placed where
they can be under the eye of the guard. Cannon frown from the various
embrasures, and the ensemble presents the very ideal of a border fortress.
It must have ' astonished the natives ' when this monument of the white-
man's skill arose from the plain and showed its dreadful teeth in the midst
of those peaceful solitudes.
" I found during this visit that General Vallejo and his companions were
rigorously guarded by the ' patriots,' but I saw him and had some conver
sation with him, which it was easy to see excited a very ridiculous amount
of suspicion on the part of his vigilant jailors, whose position, however, as
revolutionists was a little ticklish and incited in them that distrust which
in dangerous times is inseparable from low and ignorant minds. Indeed
they carried their doubts so far as to threaten to shoot Sutter for being po
lite to his captives."
Fremont with his men having partaken of the early meal, on the morn
ing of the 27th of June returned to San Rafael, being absent only twenty-
four hours.
Castro, who had been for three days watching the movements of Fre
mont from the other side of the Bay, sent three men, Don Jose Reyes
Berryessa, (a retired Sergeant of the Presidio Company of San Francisco,)
and Ramon and Francisco de Haro (twin sons of Don Francisco de Haro,
Alcalde of San Francisco in 1838-39), to reconnoiter, who landed on what
is now known as Point San Quentin. On landing they were seized, with
their arms, and on them were found written orders from Castro to Captain
de la Torre, (who it was not known had made his escape to Santa Clara,) to
kill every foreign man, woman and child. These men were shot on the
spot first, as spies ; second, in retaliation for the Americans so cruelly
butchered by the Californians. General Castro, fearing that he might, if
caught, share the fate of his spies, left the rancho of the Estudillos, and
after a hasty march arrived at the Santa Clara Mission on June 29, 1846.
Captain William D. Phelps, of Lexington, Mass., who was lying at
Saucelito with his bark, the " Moscow," remarks, says Mr. Lancey :
"When Frement passed San Rafael in pursuit of Captain de la Torre's
party, I had just left them, and he sent me word that he would drive them
to Saucelito that night, when they could not escape unless they got rny
boats. I hastened back to the ship and made all safe. There was a large
launch lying near the beach ; this was anchored further off, and I put pro
visions on board to be ready for Fremont should he need her. At night
there was not a boat on the shore. Torre's party must shortly arrive and
show fight or surrender. Towards morning we heard them arrive, and to
our surprise they were seen passing with a small boat from the shore to the
launch ; (a small boat had arrived from Yerba Buena during the night,
which had proved their salvation.) I dispatched a note to the commander
&>,
The Bear Flag War. 187
of the ' Portsmouth,' sloop-of-war, then lying at Yerba Buena, a cove (now
San Francisco), informing him of their movements, and intimating that a
couple of his boats could easily intercept and capture them. Captain
Montgomery replied that not having received any official notice of war ex
isting he could not act in the matter.
" It was thus the poor scamps escaped. They pulled clear of the ship,
and thus escaped supping on grape and canister, which we had prepared
for them.
" Fremont arrived and camped opposite my vessel, the bark ' Moscow,'
the following night. They were early astir the next morning, when I
landed to visit Captain Fremont, and were all variously employed in taking
care of their horses, mending saddles, cleaning their arms, etc. I had not
up to this time seen Fremont, but from reports of his character and exploits
my imagination had painted him as a large-sized, martial-looking man or
personage, towering above his companions, whiskered, and ferocious-looking.
" I took a survey of the party, but could not discover any one who
looked, as I thought, the captain to look. Seeing a tall, lank, Kentucky-
looking chap (Doctor R. Semple), dressed in a greasy deer-skin hunting-
shirt, with trowsers to match, and which terminated just below the knees,
his head surmounted by a coon-skin cap, tail in front, who, I supposed, was
an officer, as he was giving orders to the men. I approached and asked if
the captain was in camp. He looked, and pointed out a slender-made, well-
proportioned man sitting in front of the tent. His dress was a blue woolen
shirt of somewhat novel style, open at the neck, trimmed with white, and
with a star on each point of the collar (a man-of-war's-man's shirt), over this
a deer-skin hunting-shirt, trimmed and fringed, which had evidently seen
hard times or service, his head unincumbered by hat or cap, but had a light
cotton handkerchief bound around it, and deer-skin moccasins completed
the suit, which if not fashionable for Broadway, or for a presentation dress
at court, struck me as being an excellent rig to scud under or fight in. A few
minutes' conversation convinced me that I stood in the presence of the King
of the Rocky Mountains."
Captain Fremont and his men remained at Saucelito until July 2d, when
they left for Sonoma, and there prepared for a more perfect organization,
their plan being to keep the Californians to the southern part of the State
until the emigrants then on their way had time to cross the Sierra Nevada
into California. On the 4th the National Holiday was celebrated with due
pomp ; while on the 5th the California Battalion of Mounted Riflemen, two
hundred and fifty strong, was organized. Brevet- Captain John C. Fremont,
Second Lieutenant of Topographical Engineers, was chosen Commandant ;
First Lieutenant of Marines, Archibald H. Gillespie, Adjutant and Inspec
tor, with the rank of Captain. Says Fremont :
" In concert and in co-operation with the American settlers, and in the
188 History of Contra Costa County.
brief space of thirty days, all was accomplished north of the Bay of San
Francisco, and independence declared on the 5th of July. This was done
at Sonoma where the American settlers had assembled. I was called
by my position and by the general voice to the chief direction of affairs,
and on tne 6th of July, at the head of the mounted riflemen, set out to
find Castro.
" We had to make the circuit of the head of the bay, crossing the Sac
ramento river (at Knight's Landing). On the 10th of July, when within
ten miles of Sutter's Fort, we received (by the hands of William Scott) the
joyful intelligence that Commodore John Drake Sloat was at Monterey and
had taken it on the 7th of July, and that war existed between the United
States and Mexico. Instantly we pulled down the flag of Independence
(Bear Flag) and ran up that of the United States amid general rejoicing
and a national salute of twenty-one guns on the morning of the llth from
Sutter's Fort, with a brass four-pounder called 'Sutter.' "
We find that at 2 o'clock on the morning of July 9th, Lieutenant Joseph
Warren Revere, of the " Portsmouth," left that ship in one of her boats,
and reaching the garrison at Sonoma, did at noon of that day haul down
the Bear Flag and raise in its place the Stars and Stripes; and at the same
time forwarded one to Sutter's Fort by the hands of William Scott, and
another to Captain Stephen Smith at Bodega. Thus ended what was
called the Bear Flag war.
The following is the Mexican account of the Bear Flag war :
" About a year before the commencement of the war a band of advent
urers, proceeding from the United States, and scattering over the vast
territory of California, awaited only the signal of their Government to take
the first step in the contest for usurpation. Various acts committed by
these adventurers in violation of the laws of the country indicated their in
tentions. But unfortunately the authorities then existing, divided among
themselves, neither desired nor knew how to arrest the tempest. In the
month of July, 1846, Captain Fremont, an engineer of the U. S. A., entered
the Mexican territory with a few mounted riflemen, under the pretext of a
scientific commission, and solicited and obtained from the Commandant-Gen
eral, D. Jose 7 Castro, permission to traverse the country. Three months after
wards, on the 19th of May (June 14th), that same force and their com
mander took possession by armed force, and surprised the important town of
Sonoma, seizing all the artillery, ammunition, armaments, etc., which it
contained.
" The adventurers scattered along the Sacramento river, amounting to
about four hundred, one hundred and sixty men having joined their force.
NOTB. We find that it is still a moot question as to who actually brought the first news of the war to Fremont.
The honor is claimed by Harry Bee and John Daubenbiss, who are stated to have gone by Livermore and there
met the gallant Colonel ; but the above quoted observations purport to be Colonel Fremont's own.
The Bear Flag War. 189
They proclaimed for themselves and on their own authority the independence
of California, raising a rose-colored flag with a bear and a star. The result of
this scandalous proceeding was the plundering of the property of some
Mexicans and the assassination of others three men shot as spies by Fre
mont, who, faithful to their duty to the country, wished to make resistance.
The Commandant-General demanded explanations on the subject of the
Commander of an American ship-of-war, the " Portsmouth," anchored in the
Bay of San Francisco ; and although it was positively known that muni
tions of war, arms and clothing were sent on shore to the adventurers, the
Commander, J. B. Montgomery, replied that ' neither the Government of
the United States nor the subalterns had any part in the insurrection, and
that the Mexican authorities ought, therefore, to punish its authors in con
formity with the laws.' "
190 History of Contra Costa County.
LEGISLATIVE HISTORY OF CONTRA COSTA COUNTY.
Organization Pirst Organization of Counties in the United States Organization of Contra
Costa County Original Boundary Present Boundary Senatorial and Judicial Dis
trictsCourt of Sessions Original Townships and Boundaries Present Township
Boundaries Board of Supervisors Election Precincts Eoad and School Districts.
Political History Mexican Government U. S. Military Government- Constitutional Con
vention San Jose the State Capital Members of first Legislature Governor Burnett
Assumes Office State Capital Eemoved Eecords of Court of Sessions and Board of
Supervisors Oilman's suit against County Table of Taxation Table of County
Officers etc., etc.
THE FIRST ORGANIZATION OF COUNTIES IN THE UNITED STATES. The
first organization of counties in the United States of America originated in
Virginia, her earliest 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 seen that the materials for the creation of towns
were not at hand, voters being but sparsely distributed over a very 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 which country 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 Caro
lina and Louisiana, districts being outlined in the former, and parishes,
after the custom of France, in the latter.
Towns were formed in New England before counties, while they in turn
were organized before states, the powers of government of which were
originally exercised by the towns or townships. The powers afterwards
assumed by states 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, out of which arose the represent
ative 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 delegation of the Plymouth Colony on March 23, 1621, for the
Legislative History of Contra Costa County. 191
purpose of perfecting military organization. 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 of 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.
It may be interesting to note what were the provisions contained in the
lirst legal enactment concerning this system. These were : " 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 appurte
nances 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 thirty shillings, and choose their own particular officers, as con
stables, surveyors for 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 of 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 con
sisted 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 the topic in regard to the especial subject at present
before us.
ORGANIZATION OF CONTRA COSTA COUNTY. -On the acquisition of Cali
fornia by the Government of the United States, under a treaty of peace,
friendship, limits and settlement with the Mexican Republic, dated Guada-
lupe Hidalgo, February 2, 1848, the boundaries of the State were defined.
This treaty was duly ratified by the President of the United States, March
16th, of the same year ; exchanged at Queretaro, May 30th, and finally
192 History of Contra Costa County.
promulgated July 4th by President Polk, and attested by Secretary of State
James Buchanan. In 1849 a Constitutional Convention assembled in Mon
terey, and at the close of the session, October 12th, a proclamation calling
upon the people to form a government was issued, "to designate such offi
cers 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 perma
nent 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 rati
fied, will, with pleasure, surrender his powers to whomsoever the people
may designate as his successor." This document bore the signatures : " 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 Constitu
tion, it was provided that the State be divided into counties, while the first
session of the Legislature, which began at San Jose on December 15, 1849,
passed, 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 Contra Costa county to be
as under :
ORIGINAL BOUNDARY. " Beginning at the mouth of Alameda creek and
running thence in a southwesterly direction to the middle of the Bay of
San Francisco ; thence in a northerly or northwesterly direction, following j
as near as may be the middle of the Bay to the Straits of San Pablo ; thence
up the middle of the Bay of San Pablo to the Straits of Carquinez ; thence
running up the middle of said Straits to the Suisun Bay, and up the mid
dle of said Bay to the mouth of the San Joaquin river ; thence following
up the middle of said river to the place known as Pescadero or lower cross
ing ; thence in a direct line to the northeast corner of Santa Clara county,
which is on the summit of the Coast Range, near the source of Alameda
creek ; thence down the middle of said creek to its mouth, which was the
place of beginning, including the islands of San Pablo, Coreacas and
Tesoro. The seat of Justice shall be at the town of Martinez."
On March 25, 1853, an Act was passed by the Legislature whereby the
county of Alameda was formed from the southern portion of Contra Costa,
and a slice of Santa Clara county, leaving the present official boundary to
be as follows :
PRESENT BOUNDARY. " Beginning in the Bay of San Francisco, at the
northwest point of Red Rock, being the common corner of Marin, Contra
Costa and San Francisco, as established in Section three thousand nine hun
dred and fifty of the Political Code of the State of California ; thence up
the Straits and Bay of San Pablo, on the eastern boundary of Marin, to the
point of intersection with the line bearing south twenty-six and one-half
Legislative History of Contra Costa County. 193
degrees east, and about six and one-quarter miles distant from the south
west corner of Napa county, as established in Section three thousand nine
hundred and fifty-eight, forming the common corner of Marin, Solano, So
noma and Contra Costa, as established in Section three thousand nine hun
dred and fifty-five; thence to the Straits of Carquinez; thence up said Straits
and Suisun Bay, to the mouth of the San Joaquin river ; thence up said
river to the confluence of the west and main channels thereof, as laid down
in Gibbe's map ; thence up said west channel to a point about ten miles
below Moore and Rhode's ranch, at a bend where the said west channel,
running downward, takes a general course north, the point being on the
westerly line of San Joaquin county, and forming the northeast corner of
Alameda and southeast corner of Contra Costa ; thence on the northern
line of Alameda, as laid down on Horace A. Higley's map, and as. established
in Section three thousand nine hundred and fifty-three, to the easterly line
of San Francisco city and county, as established in Section three thousand
nine hundred and fifty ; thence due northwest along said easterly line of
San Francisco, four and one-half miles, more or less, to the place of begin
ning, county seat, Martinez."
The basis of this boundary is from the Statutes, 1851, p. 174 ; 1852, p.
173, and 1853, p. 56.
SENATORIAL DISTRICTS. In the first partition of the State, Contra Costa
was attached to Santa Clara county for Senatorial purposes, and so con
tinued until 1854, when it elected a joint Senator with the county of San
Joaquin. Thus it remained until 1862, when it was attached to Marin,
which is its present position.
JUDICIAL DISTRICTS. The State of California was divided into Judi
cial Districts March 29, 1850, and John H. Watson became Judge of
the Third District, which comprised the counties of Contra Costa, Santa
Clara, Santa Cruz and Monterey. In 1853 Contra Costa was attached to
the Seventh Judicial District, which embraced Solano, Napa, Sonoma and
Marin, and so continued until March, 1862, when the county became a
portion of the Fourth Judicial District, being in the following year annexed
to the Third Judicial District. In 1864, it was made a part of the Fif
teenth Judicial District, and so remained until the passing of the New
Constitution.
COURT OF SESSIONS. On April 11, 1850, an act of the Legislature was
passed organizing the Court of Sessions, in which body, as will be seen, was
vested the entire general civil business of the county. This 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 orgnization were multifarious. They
13
194 History of Contra Costa County.
made such orders respecting the property of the county as they deemed ex
pedient, 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, manage
ment, 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 prohib
it 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 di
vision 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 re
ceived 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 chat
tels 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 other
wise 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.
No time would appear to have been lost in the organization of the Court
in Contra Costa county, for we find it at work under the direction of
County Judge F. M. Warmcastle on April 17, 1850.
ORIGINAL TOWNSHIP BOUNDARIES. On that date the county
was first divided into townships, as follows :
NEW YORK. The township of New York by a line commencing in the
Suisun bay on the boundary line of the county opposite a point of eleva-
vated headland on the shore of said bay nearly equidistant between the
towns of New York and Martinez, running to said point of headland ; from
thence by the east summit of Monte del Diablo to a point on the boundary
line of said county two miles south of Livermore's Rancho ; thence east
erly along said county line to the middle of the main channel of the San
Legislative History of Contra Costa County. 195
Joaquin river opposite the lower crossing of said river ; thence down the
middle of the main channel of said river to its mouth ; thence down the
middle of the Suisun bay along the boundary line of said county of Contra
Costa to the place of beginning.
MARTINEZ. Commencing at the boundary line of Contra Costa county
in the Suisun Bay, at the western boundary line of New York township ;
thence along the western boundary line of said township to its termination
on the county line, two miles below or south of Livermore's Rancho ; thence
along the eastern boundary line and down the middle of Alameda creek to
its mouth ; thence along the western boundary line of Contra Costa county
to a point in the bay opposite the mouth of the creek running down from the
Maragna (Moraga) Redwoods ; thence up the middle of said creek to where
it forks, about three miles below the redwoods ; thence up to the top of the
ridge between the two forks of the creek ; thence along the summit of said
ridge to an elevated point of land known as Cape Horn ; thence in a direct
line to Pinola (Pinole) Point, at the mouth of the Straits of Carquinez, and
to the middle of the straits, to the northern boundary line of the county of
Contra Costa ; thence through the middle of the Straits of Carquinez along
said county line to the place of beginning.
SAN ANTONIO. Commencing at the northwestern boundary line of Mar
tinez township, on the northern boundary line of Contra Costa county;
thence along the western boundary line of Martinez township to its termi
nation on the eastern boundary line of San Francisco county ; thence along
the western boundary line of Contra Costa county at low water mark to
olden Rock ; thence up the middle of San Pablo Bay to the place of
ginning.
These townships were, however, found to be too unwieldy. Thereupon
the petition of certain citizens in the eastern portion of Martinez township
praying that a portion of it should be set off and recognized as a separate
division ; therefore the Court organized the township of
ALAMEDA. Commencing at the mouth of the Redwood creek; thence
running up said creek near the redwoods ; thence east to the source of the
Arroyo San Ramon ; thence down the San Ramon to its junction with the
Euguarto ; thence in an easterly direction to the eastern boundary line
of the county, at the boundary line of New York and Martinez townships ;
thence along the eastern boundary of the county and township to the place
of beginning.
Upon the petition of the citizens of San Antonio township, the Board of
Supervisors, who had undertaken the affairs of the county under the Act of
the Legislature passed May 3, 1852, on August 12tJi defined the town
ship of
196 History of Contra Costa County.
CONTRA COSTA. That said township of San Antonio be divided, and
ordered that the portion of said township being embraced within the limits
of the town of Oakland be set apart, and designated the township of Contra
Costa ; and that the balance of the present township of San Antonio remain
as the township of San Antonio.
Still, the townships would seem to have been too large, for the Board
of Supervisors, under date October 18, 1852, created the township of
SAN PABLO. All that portion of San Antonio township from the Mar
tinez township line to the Cerrito of San Pablo be set off from the said
township of San Antonio, and the same be called the township of San
Pablo.
While from Martinez township there was formed the district of
MONTE DIABLO. Commencing seven miles from the shore on the line
of New York township ; thence running at right angles to the head of
Pinole valley, intersecting the line of San Antonio township, and that said
portion so set off shall be called the township of Monte Diablo.
Besides these, the following townships were partitioned off :
SAN LORENZO and SAN ANTONIO. That Alamo township* with the
present boundary terminating towards the west, with the highest point on
the ridge of the Contra Costa range, and San Antonio township with its
present boundary from Cerrito down to the San Lorenzo creek be divided
and two townships be created, the San Antonio township to extend from
Cerrito of San Pablo to San Leandro and designated the township of San
Antonio ; and from San Leandro creek to the boundary line of Santa Clara
county be designated San Lorenzo township.
On August 7, 1854, the county was re-districted throughout by the
Court of Sessions, who had again come into power, and the townships num
bered in lieu of the names they had hitherto borne.
TOWNSHIP NUMBER ONE. Beginning at the northern boundary line of
the county at the north side of the mouth of Walnut creek to a point op
posite the dividing ridge between Taylor's valley and the residence of
Widow Welch ; thence northerly along said ridge, passing two hundred
yards east of the house of William Allen, to the dividing ridge between
the waters of Walnut creek and the Arroyo el Hambre ; thence westwardly
passing north of the house of A. R. Meloney to the San Pablo creek one-
half mile south of the house formerly occupied by John F. S. Smith ; thence
northwardly to San Pablo bay one-fourth of a mile west of the mouth of
Pinole creek ; thence to the northern boundary line of the county and east-
wardly along the same to the place of beginning.
* There is no record of the creation of this Township, nor is there any of its boundaries.
Legislative History of Contra Costa County. 197
TOWNSHIP NUMBER Two. Beginning at Walnut creek opposite the
dividing ridge between Taylor's valley and the residence of Widow Welch ;
thence up the channel of Walnut creek to the crossing on the road from
Thomas J. Jones' to David Hunsaker's ; thence south to the boundary line
of the county ; thence along the southern and western boundary line of the
county to the head of the Cerrito creek ; thence easterly, passing one-half
mile south of the house formerly occupied by John F. S. Smith and north
of the residence of A. R. Meloney to the dividing ridge between the waters
of Walnut creek and El Hambre ; thence southwardly, passing two hun
dred yards east of the house of William Allen along the ridge between
Taylor's valley and the residence of Widow Welch to the place of be
ginning.
TOWNSHIP NUMBER THREE. Beginning at the northern boundary line
of the county, one-fourth of a mile west of the mouth of Pinole creek ;
thence southerly along the west line of Township Number One to the San
Pablo creek, one-half mile south of the house formerly occupied by John
F. S. Smith ; thence westerly to the source of Cerrito creek, dividing the
ranches of San Pablo and San Antonio, being the boundary line between
the counties of Alameda and Contra Costa ; thence along the boundary line
between Contra Costa and Alameda counties to the northwest corner of the
county line ; thence easterly along the county boundary to the place of
beginning.
TOWNSHIP NUMBER FOUR. Beginning at the boundary line of the
county, east of the house of Robert Livermore ; thence westerly, passing
north of the residence of Livermore, to the summit of Monte Diablo ; thence
along the summit of the highest ridge to a point due east of the junction of
the Arroyo San Ramon with Walnut creek, near the house of George W.
Thorne ; thence westerly to the junction of San Ramon and Walnut creeks ;
thence along the channel of Walnut creek to the crossing of the road lead
ing from the house of Thomas J. Jones, in Taylor's valley, to the residence
of Daniel Hunsaker ; thence south to the boundary line of the county ;
thence easterly along the southern boundary line of the county to the place
of beginning.
TOWNSHIP NUMBER FIVE. Beginning at the northern boundary line of
the county, at the north side of the mouth of Walnut creek ; thence to and
along the channel of Walnut creek to its conjunction with the Arroyo San
Ramon ; thence easterly along the dividing ridge to the summit of Monte
Diablo ; thence easterly along the dividing ridge north of the valley of
Tassajara to a point south of the house of John McGreer ; thence northerly,
passing one mile east of the house of John McGreer, to the dividing ridge
between Pacheco's and New York ; thence northerly along said dividing
ridge to a point in Suisun Bay two hundred yards west of the house of J.
198 History of Contra Costa County.
H. Clark ; thence to and westerly along the northern boundary line of the
county to the place of beginning.
TOWNSHIP NUMBER Six. Beginning at the lower crossing on the San
Joaquin River, known as the Pescadero ; thence westerly along the bound
ary line of the county to a point east of the house of Robert Livermore ;
thence westerly along the line of Township Number Four to a point south
of the house of John McGreer ; thence northerly along the line of Township
Number Six to the dividing ridge between New York and Pacheco valley ;
thence along the eastern line of Township Number Six to the northern
boundary line of the county ; thence easterly along the boundary line of
the county to the place of beginning.
It was ordered by the Board of Supervisors who again held sway over
the civil destinies of Contra Costa county, under date August 8, 1855, that
the division into townships made the year previous by the Court of Sessions
should be legalized and confirmed. It was directed, however, that Town
ship Number One should be so far changed as to include the territory
within the following boundaries: Commencing at a point on Walnut creek
one-fourth of a mile north of the house of F. M. Warmcastle ; thence run
ning in a southerly direction along the channel of said creek to the mouth
of a small creek which empties into said Walnut creek near the house of
Thomas J. Jones ; thence running in a southerly direction to the southwest
corner of Township Number Four on the southern boundary of the county ;
thence westerly and following said boundary line of the county to Cerrito
creek ; thence in a northerly direction to the San Pablo creek at a point
where the line dividing Township Number One from Township Number
Three strikes said creek, and near the house formerly occupied by John F.
S. Smith ; thence in an easterly direction to a point one-half mile north of
the house of A. R. Meloney ; thence to the place of beginning.
Heretofore we have seen the county partitioned off into six townships ;
on October 16, 1856, this distribution was again changed, the result being
three townships in all, as under :
TOWNSHIP NUMBER ONE. Bounded by a line beginning at the mouth
of Walnut creek ; thence up the main channel thereof to a point one-half
mile north of the house of F. M. Warmcastle ; thence westerly, passing one-
eighth of a mile north of the house of A. R. Meloney to San Pablo creek,
one-half mile west of the house formerly occupied by John F. S. Smith ;
thence south to the boundary line of the county ; thence northwesterly and
continuing along the boundary line of the county to a point on Suisun Bay
opposite the mouth of Walnut creek ; thence to the place of beginning.
TOWNSHIP NUMBER Two. Beginning at a point on Walnut creek one-
half mile north of the house of F. M. Warmcastle; thence westerly following
COL. GIFT.
Legislative History of Contra Costa County. 199
the line of Township Number One to the boundary line of the county;
thence easterly along the said boundary line of the county to a point near
the house of Robert Livermore ; thence westerly, following the dividing
ridge north of Tassajara valley to the summit of Monte Diablo ; thence
westerly to Walnut creek at a point on said creek at the bridge near John
Nicholson's ; thence down the creek to the place of beginning.
TOWNSHIP NUMBER THREE. Bounded on the west and south by Town
ships Numbers One and Two, and on the northeast by the boundary line
of the county.
TOWNSHIP NUMBER ONE. These divisions remained undisturbed until
February 9, 1870, when the Board of Supervisors ordered that all that portion
of Contra Costa county heretofore known as Township Number One, which
lies easterly of a line commencing at a point on the north shore of the Straits
of Carquinez where the line dividing the Pinole Rancho from the Rancho Can
ada del Hambre intersects the shore ; thence running on said division line
between said two ranches, southeasterly, easterly, southerly and so on, fol
lowing the line dividing said ranches until it intersects the public road from
Martinez to San Pablo ; thence in a direct line to the bridge which spans a
creek near the Rodeo Valley school-house ; thence due south to Rodeo creek ;
thence up Rodeo creek to its source ; thence due south to the line dividing
Townships One and Two as heretofore established, be and the same is
hereby established as and declared to be Township Number One of Contra
Costa county.*
TOWNSHIP NUMBER FOUR. And all that portion of said Township
Number One, as heretofore established, lying westerly of said line, herein
before described, be and the same is hereby established as and declared to be
Township Number Four of Contra Costa county .*}
On May 8, 1872, yet another change in the boundaries of the townships
took place.
TOWNSHIP NUMBER ONE. Commencing on the county line in Suisun
Bay, on the township line, according to United States survey, between
township three north, range one west, and township three north, range two
rest ; thence running south to the northwest corner of section eighteen,
township two north, range one west, on the northern boundary line of the
Pacheco Grant ; thence in a southeasterly direction along the boundary line
of said grant to the most eastern boundary of the grant ; thence south and
southwesterly along the boundary line of said grant to its southern extremity;
thence northwesterly along the boundary line of said grant to the northern
extremity of the Rancho San Miguel ; thence southwesterly along the line
* This order was abrogated by the Board of Supervisors on February 6, 1871,vbut the Township was re-estab
lished on August 8th, following.
t This order was rescinded August 9, 1871.
200 History of Contra Costa County.
dividing the San Miguel and Pacheco Grants to Walnut creek ; thence
northwesterly one-half mile to the southern line of section two, township
one north, range two west ; thence due west on the southern line of sections
two, three, four, five and six, same townships and range, to the eastern
boundary of the Rancho la Bocha de la Canada de Pinole ; thence south
along said eastern boundary line two miles ; thence west half a mile ; thence
south one mile to the northern boundary of the Rancho Acalanes ; thence
west along the southern boundary of the Rancho la Bocha de la Canada* de
Pinole to the southwestern corner ; thence in a southwestern direction,
crossing the summit of Rocky Mound to the Alameda county line ; thence
following the Contra Costa county line around to the place of beginning.
TOWNSHIP NUMBER Two. Commencing at the southern corner of Pacheco
Rancho ; thence south one mile to the middle of section twenty-one, town
ship one north, range one west ; thence east one mile ; thence south two
miles ; thence east one mile ; thence south half a mile to the Monte Diablo
base line; thence east one and one-half miles to the summit of Monte
Diablo ; thence south on the meridian line three miles ; thence east four
miles ; thence south one mile ; thence east to the western boundary line of
the Canada de los Vaqueros Rancho; thence southerly on said western
boundary line to the Alameda county line, to the southern boundary of
Township Number One ; thence northeasterly along said southern boundary
line to the place of beginning.
TOWNSHIP NUMBER THREE. Commencing on the county line in Suisun
Bay on the eastern boundary of Township Number One ; thence south
easterly on said eastern boundary line to the eastern boundary of Town
ship Number Two ; thence southeasterly along the northeastern boundary
line of said Township Number Two to the Alameda county line ; thence
easterly on said county line to the eastern boundary line of Contra Costa
county ; thence northerly and westerly on said county line to the place of
beginning.
On June 11, 1872, two judicial townships, numbered one and two, were
created from out of Township Number One, and bounded as follows:
Commencing at the Lots thirty-nine and forty of the Welch Rancho, on the
eastern boundary thereof, on the Walnut creek ; thence running due west
on the line between Lots nine and ten, eight and eleven of said rancho
until said lines intersect the eastern side of the Martinez and San Ramon
public highway ; thence following along the middle line of said road to the
line dividing Supervisor Districts One and Two ; thence along said lines
until the same intersect Supervisor Districts One and Three ; thence easterly
along said lines dividing Supervisor Districts One and Three and Supervisor
District Number Three ; thence following the middle of Suisun Bay to a
Legislative History of Contra Costa County. 201
point opposite the center of Walnut creek ; thence following said creek to
the point of beginning.*
PRESENT TOWNSHIP BOUNDARIES. This now brings us to the
townships which obtain at the present writing. These were made the sub
ject of a redistribution by the Board of Supervisors on May 12, 1873, and
are as follows :
TOWNSHIP NUMBER ONE. Commencing at a point in the county line
opposite the center of the mouth of Walnut creek ; thence up said creek
with its meanderings until it intersects the line dividing Lots thirty-nine
and forty of the Welch Rancho, on the eastern boundary thereof, on Wal
nut creek ; thence running due west on the line between Lots nine and
ten and eight and eleven of said rancho to intersect the Martinez and San
Ramon public highway ; thence following along the middle line of said
public highway, in a southeasterly direction, to the section line dividing
sections four and nine, township one north, range two west ; thence west
one and three-fourths miles ; thence south two miles ; thence west one-half
mile to the township line ; thence south one mile ; thence west to the south
west corner of the Rancho de la Bocha de la Canada del Pinole ; thence
southwest to intersect the county line at the southeast corner of section
thirty-one, township one north, range three west ; thence westerly follow
ing the township line into the Bay of San Francisco ; thence following the
county line in the Bays of San Francisco and San Pablo, Straits of Car-
quinez and Suisun Bay to the point of beginning.
TOWNSHIP NUMBER Two. Commencing at a point on the line of Town
ship Number One where said line crosses the western boundary line of the
Rancho Las Junitas ; thence following said ranch line in a southeasterly
direction to the section line between sections twenty-two and twenty-seven,
township one north, range two west ; thence east to the southwest corner
of section nineteen, township one north, range one west ; thence south to
the southern line of the Rancho Arroyo de las Nueces ; thence following
said ranch line in an easterly direction to the southwest corner of section
one, township one south, range one west; thence east one mile to the
meridian line ; thence south two miles ; thence east four miles ; thence
south one mile ; thence east one mile ; thence south one mile ; thence east to
the western line of the Canada de los Vaqueros Rancho ; thence southerly,
following the line of said rancho, to the county line ; thence along the county
line westerly to the line of Township Number One ; thence along said town
ship line northeasterly to the place of beginning.
TOWNSHIP NUMBER THREE. Commencing at a point in the county line
opposite the mouth of Walnut creek where the easterly line of Township
* This order was amended August 6, 1872, and the territory laid off created into Township Number Four.
202 History of Contra Costa County.
Number One intersects said county line ; thence following said easterly line
of Township Number One southerly to the northern and eastern line of
Township Number Two ; thence following the line of said Township Num
ber Two southeasterly to the meridian line ; thence north one mile ; thence
west one and one-half miles ; thence north one-half mile ; thence west one
mile ; thence north two miles ; thence west one mile ; thence north to the
southern corner of the Monte del Diablo Grant ; thence following the grant
line northeasterly to the southwest corner of section twenty-six, township
two north, range one west ; thence east one mile ; thence north to the
county line ; thence westerly along said county line to the point of beginning.
TOWNSHIP NUMBER FOUR. Commencing at a point in the county line
where the eastern line of Township Number Three intersects said county
line ; thence following the easterly line of said Township Number Three
in a southerly direction to the line of Township Number Two south, and
east to the southeast corner of section twenty-five, township one north,
range one east; thence north six miles ; thence west one mile ; thence north
six miles; thence west two miles; thence north to the county line; thence
westerly on said county line to the point of beginning.
TOWNSHIP NUMBER FIVE. Commencing at a point in the county line
where the eastern line of Township Number Four intersects said line ;
thence following the line of Township Number Four southerly to the line
of Township Number Two ; thence .following the line of said Township
Number Two east and south to the county line ; thence easterly along the
county line to the San Joaquin River ; thence following the county line
down said river to the point of beginning.
BOARD OF SUPERVISORS. Up until the passage of the Act of May 3,
1852, which created a Board of Supervisors for Contra Costa county, the
Court of Sessions had full control of the affairs of the county. That Act
was 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 its
ninth section is here reproduced 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
Legislative History of Contra Costa County. 203
the care,, management, collection or disbursement of any money belong
ing 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 in
spectors and judges of elections. Eighth. To control and manage the prop
erty, 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 ap
pointed 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 comple
tion 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 con
trol 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 con
ferred on the Board."
In pursuance of this enactment an election was held June 14, 1852, for
the election of a Board of Supervisors for Contra Costa county, when five
gentlemen were chosen to fill the high office.
The Board maintained its position until March 25, 1854, when they
were replaced by the Court of Sessions, who in turn, in accordance with the
Act of the Legislature passed March 20, 1855, were succeeded by another
conclave of Supervisors. To elect these the county was, by the County
Clerk, County Assessor and County Surveyor, divided into three Supervisor
Districts, since when these have conformed to the changes made in the
redistribution of townships.
204 History of Contra Costa County.
ELECTION PRECINCTS. When the vote for the Old Constitution was
taken on November 13, 1849, there were but three election precincts within
what was then known as Contra Costa county namely, at the Moraga
Redwoods, Martinez and San Antonio (now Brooklyn, Alameda county.)
For the election of April 1, 1850, the precinct of New York was added to
those already created, while, on October 7th, of the same year, the precincts
were Martinez, San Antonio, San Ramon (Dublin), and New York. The
first record, however, which we can find of a distribution of voting pre
cincts is for the election called for September 3, 1851, when the following
polling places were established : At the Court-house in the town of Mar
tinez, and the house of Jose" Maria Amador, for the township of Martinez ;
the houses of Victor Castro and Vicente Peralta, in and for the township of
San Antonio ; and the house of William W. Smith in Antioch, and at the
Lower Ferry on the San Joaquin river, in and for the township of New
York. These, with a few additions, continued until the redistribution of
the county into townships on August 10, 1854, when the following were
created : Township No. 1. At the Court-house in Martinez, and at the
house of B. V. Merle at Pinole. Township No. 2. At Prince's Mill in the
Redwoods, and Hough's Store. Toivnship No. 3. At the hotel of Gabriel
Castro. On August 8, 1855, the county being then partitioned into six
townships, eleven voting precincts were established. These were again
changed to ten precincts on the redistribution of the county into three town
ships and Supervisor Districts on October 16, 1856 ; while ten years later,
June 5, 1866, the county was divided as follows : Township No. 1. Mar
tinez, San Pablo. Township No. 2. La Fayette, San Ramon, Danville.
Township No. 3. Pacheco, Clayton, Norton ville, Somersville, Antioch.
May 7, 1867, Pinole precinct was created ; on August 5, 1868, the precincts
of Walnut Creek and Point of Timber were added to the list.
Naturally, when the increase of population has been so great, the pre
cincts enumerated above have proved insufficient for the wants of the voters,
until, at the present writing, they are twenty in number, and are as follows :
Martinez, Pinole, San Pablo, Port Costa, Lafayette, Walnut Creek, Danville,
Tassajara, Pacheco, Concord, Clayton, Nortonville, Somersville, New York,
Morgan Territory, Antioch, Empire, Webb's Landing, Point of Timber and
Brentwood.
ROAD DISTRICTS. Another criterion of the rapid development of a
hitherto sparsely peopled country is the want immediately felt for carefully
laid out roads and easy means of transport. He who has experienced such a
desire can fully appreciate the comfort of well-graded thoroughfares and
smoothly macadamized streets. The scarcely to be recognized trails give
place, as if by magic, to the skill of the surveyor ; the dangerous ford to
the well-built bridge and the impenetrable undergrowth to the road-maker's
Legislative History of Contra Costa County. 205
ax. In a few short years miraculous changes are worked, and science brings
places within comfortable travel and neighbors within ken. Contra Costa
in the pre- American days was not a whit better off than the neighboring
counties ; when the first roads were laid out, however, we have been unable
to trace, but the records of the Court of Sessions inform us that as early
as July 20, 1850, the county was partitioned into districts and the following
roads declared Public Highways :
One and Two. From Martinez to Pueblo de San Jose", divided into two
districts, the first being from Martinez to the farm of Francisco Garcia ;
the second from thence to the line dividing the counties of Contra Costa
and Santa Clara, the overseers appointed being respectively N. B. Smith
and Joseph Rothenhostler. Three. The streets in the town of Martinez
were declared to be District Number Three and placed under the super
vision of A. Yan Herne Ellis. Four. The road then usually traveled from
Martinez by the house of Salvio Pacheco to the town of New York of the
Pacific was classed as District Number Four, with Henry F. Joye, Overseer.
Five. The road from the Moraga Kedwoods to that leading from Martinez
to San Jose, terminating on said road nearly equidistant from Martinez to
the house of Widow Welch, was established as District Number Five, and
E. Miller appointed Overseer. Six. The road usually traveled from the
rancho of Yicente Castro by the rancho of Elam Brown, intersecting the
road from the Moraga Redwoods to Martinez near the house of Jonah Ber-
nell was defined as District Number Six, and Elam Brown appointed Over
seer. Seven. The road leading from the crossing of the San Joaquin to
the Pueblo de San Jose' by the rancho of Robert Livermore, and to where
it intersects that leading from Martinez to the Pueblo de San Jose, as be
longed to the county of Contra Costa, was declared to be District Number
Seven, and placed in charge of Greene Patterson, Overseer.
This same minute also orders all able-bodied males between the ages of
eighteen and forty-five years to be called upon to work on these thorough
fares for five days in each year, or cause such amount of work to be done,
when required by the Overseers or Supervisors of the respective districts.
It will thus be seen that the matter once taken in hand, with the aid of
the citizens, was pushed with becoming vigor. On July 15, 1852, direc
tions for the laying out of the highway between Oakland and San Pablo
were issued, while on the re-construction of the county on August 8, 1855,
six road districts were established corresponding with the six townships
then defined. Five years later, in 1860, we find that there were no less
than seventeen road districts inside the county limits, and on May 21, 1861,
the road tax for that year was increased to ten cents on the one hundred
dollars of taxable property, in accordance with the provisions of an Act
passed May 3, 1861, entitled "An Act to enable and require the Board of
206 History of Contra Costa County.
Supervisors of the county of Contra Costa to complete the levy of taxes
for road purposes in said county for the year one thousand eight hundred
and sixty-one." November 4, 1862, it was ordered by the Board of Super
visors that the Auditor of the county cause to issue a warrant for the sum
of twelve hundred dollars, payable out of the " Barber Fund," to be levied
in accordance with an Act of the Legislature of the State of California,
approved April 24, 1862, entitled "An Act to authorize the Board of Super
visors of the county of Contra Costa to audit and allow the claim of M. R.
Barber, and to levy a Special Tax." It would appear that this action
became necessary on account of a sum still remaining due to Mr. Barber
for the construction of two bridges in the town of Martinez during the
year 1853. At the time, he received a moiety of the amount due, when the
" City Fathers " accepted the responsibility of further payments, but as the
corporation had dissolved into a phantom the onus of liquidating the debt
devolved upon the county, and had to be met by the Board of Supervisors,
hence the appeal to the Legislature, the passage of the Bill above quoted
and the levy of a Special Tax to meet the liability.
But we have not the space at our disposal to follow the hundreds of
petitions for road purposes, as they appear in the records of the Court of
Sessions and Board of Supervisors. To give even an outline of each would
more than fill a volume of no ordinary proportions. As the fertile districts
were settled, each new arrival felt the want of some avenue of outlet from
his homestead, connection was needed with the main arteries of traffic, the
inevitable petition to the authorities was transmitted to the proper quarter,
and, where the necessity was proved, never was the prayer rejected. With
the opening out of fresh highways, more districts were imperatively neces
sary ; with the creation of these districts, it was as necessary to appoint
overseers, and now Contra Costa county is blessed with a large number of
districts and a net-work of roads, better than which there are none in Cali
fornia.
SCHOOL DISTRICTS. The first school districts in Contra Costa county
were divided in consonance with the townships which then obtained, but
such a partition embraced too large a territory, therefore alterations became
necessary, like in the townships themselves. Boundaries and limitation
lines were perpetually being altered at the solicitation of innumerable peti
tioners. The authorities, ever with an eye to the people's welfare, in most
cases granted the prayer, until, after an infinity of rectifications, the present
school districts of the county number thirty-nine, and are named : Alamo,
Alhambra, Antioch, Bay Point, Brentwood, Briones, Carbondale, Central,
Concord, Danville, Deer Valley, Eden Plain, Excelsior, Green Valley, Hot
Spring, Iron House, Lafayette, Liberty, Lime Quarry, Lone Tree, Martinez,
Moraga, Morgan Territory, Mount Diablo, Mount Pleasant, New York, Oak
Legislative History of Contra Costa County. 207
Grove, Pacheco, Pinole, Pleasant Hill, Rodeo Valley, Sand Mound, San
Pablo, San Ramon, Sheldon, Somersville, Sycamore, Tassajara, Willow
Spring.
POLITICAL* HISTORY. We now come to the second branch of the Leg
islative History of Contra Costa, namely, that which has been termed
the Political History of the county. This, it is to be feared, however, may
be considered a misnomer, as in the rest of this chapter much will be found
which in itself has no political significance, while a considerable amount
may be recognized as purely political. All our information has been gar
nered from the particularly well kept records of the Court of Sessions and
Boards of Supervisors, who, though exercising political functions, still have
authority over affairs non-political ; therefore the remarks made below
may be said to relate more to the government of the county than to its
politics.
MEXICAN GOVERNMENT. Prior to the year 1839 not much is known
of the political divisions of California; on February 26th of that year
Governor Alvarado dubbed it a Department, and partitioned it into three
districts. In the second of these was Contra Costa county. The govern
ment was vested in a Governor and a Departmental Assembly, from which
was constituted the Legislative Assembly that held its sessions in Monterey,
the then capital. In order of precedence, the political officers next to the
Governor were the Prefects, having jurisdiction over districts ; Sub-Prefects,
Ayuntamientos or Town Councils, Alcaldes, and Justices of the Peace.
We are informed, on reliable authority, the Mexican law contemplated
the formation of a Superior Tribunal for each Department, and that pro
vision for the establishment of such a Court, with two lesser ones for Cali
fornia, had been made. The tribunal was to be composed of four Judges
and one Attorney-General, the senior three of the former to sit upon the
first, and the junior one on the second bench. This latter, known as the
Court of Second Instance, heard appeals from the Court of First Instance
and had original jurisdiction in certain cases. The senior courts sat at the
capital of the Department, while that of the First Instance held its sessions
at the chief town in a district, where it exercised a general jurisdiction and
attended to cases involving more than one hundred dollars, those for a less
sum being tried by the Alcalde and Justice of the Peace.
There is no record of a Superior Tribunal ever having been established
California under the Mexican government, and no Court of First Instance
in San Jos^, the chiet town of the district to which the county now under
consideration belonged, until 1849, when they were commissioned by the
authority of the United States. The first Alcalde to be thus installed was
that honored pioneer Hon. Elam Brown, N. B. Smith being the Sub-Prefect
of the district.
208 History of Contra Costa County,
The law was administered then in a peculiarly lax manner ; fortunately,
or unhappily, as the case may be, lawyers had not yet penetrated into the
supposed wilds of the Pacific slope. The Alcalde's word was the supremest
effort of legal wisdom ; his silver-headed cane a badge of pffice which the
most captious must respect, and could not gainsay, while, there being no
prisons, it was usual to sentence the Indian to be flogged and others to be
fined.
MILITARY GOVERNMENT. Between the years 1846 and 1849 the coun
try remained under the control of the United States military. In regard to
law it was utterly at sea. A military commander controlled affairs, but
there was no government. As long as the war lasted it was only natural
to expect that such would be the case, and the people were content, but
after peace had been attained, and the succession of military governors re
mained unabated, a people who had been brought up to govern themselves
under the same flag and the same constitution, chafed that a simple change
of longitude should deprive them of their inalienable rights. With these
views General Riley, who succeeded General Persefer F. Smith, April 13,
1849, entirely sympathized. When it was found that Congress had adjourned
without effecting anything for California, he issued a proclamation, June 3d,
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 dominant impression that California was
ruled by the military. That had ceased with the termination of hostili
ties, and what remained was the civil government, which was vested in a
Governor appointed ,by the Supreme Government, or, in default of such ap
pointment, the office was vested in the commanding military officer of the
Department, a Secretary, a Departmental or Territorial Legislature, a Su
perior Court with four Judges, a Prefect and Sub-Prefect, and a Judge of
the First Instance for each district, Alcaldes, Justices of the Peace, and Town
Councils. General Riley, moreover, recommended the election, at the same
time, of delegates to a Convention to adopt either a State or Territorial Con
stitution, which, if acquiesced in by the people, would be submitted to
Congress. The proclamation stated the number of delegates which each
district should elect, and also announced that appointments to the judiciary
offices would be made after being voted for. The delegates from the district
of which we then formed a portion to the Convention were Joseph Aram,
Kimball H. Dimmick, J. D. Hoppe, 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, 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
Legislative History of Contra Costa County.
209
necessary aids, much labor was performed, while the debates exhibited a
marked degree of ability. In framing the original Constitution of Cali
fornia, 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 sub
jects discussed. The Constitution was duly framed, submitted to the peo
ple, and at the election held on the 13th November, ratified by them, and
adopted by a vote of twelve thousand and sixty-four for, and eleven against
it ; there being, besides, over twelve hundred ballots that were treated as
blanks, because of an informality in the printing. The vote of the District
of San Jose' on the occasion was five hundred and sixty-seven votes for,
and none against its adoption, while five hundred and seventeen votes were
cast for Peter H. Burnett, as Governor. In Contra Costa county on that
occasion one hundred and seven votes were polled at the three precincts
then established ; Governor Burnett received seventy-four votes ; Lieu
tenant- Governor John McDougal thirty-one, and F. J. Lippett sixty-four,
while W. R. Bascom, of San Jose, was elected Senator, and Elam Brown,
of Lafayette, Joseph Aram, Dr. Ben. Cory and J. H. Mathews were sent to
the Lower House of the State Legislature, Edward Gilbert and George
W. Wright being sent to Congress.
We here reproduce, as curiosities, two of the tickets which were voted
at the time, and distributed in and around Sacramento and the upper por
tion of the State :
PEOPLE'S TICKET.
FOR THE CONSTITUTION.
FOR GOVERNOR.
John A. Sutter.
FOR LIEUTENANT-GOVERNOR,
John McDougal.
FOR REPRESENTATIVES IN CONGRESS,
William E. Shannon,
Pet. Halsted.
FOR STATE SENATORS,
Fohn Bidwell, Upper Sacramento,
Murray Morrison, Sacramento City,
Harding Bigelow, Sacramento City,
Gilbert A. Grant, Vernon.
u
PEOPLE'S TICKET.
FOR THE CONSTITUTION.
FOR GOVERNOR,
Peter H. Burnett.
FOR LIEUTENANT-GOVERNOR,
John McDougal.
FOR REPRESENTATIVES IN CONGRESS,
Edward Gilbert,
George W. Wright.
FOR STATE SENATORS,
John Bidwell, Upper Sacramento,
Murray Morrison, Sacramento City,
Harding Bigelow, Sacramento City,
Gilbert A. GrarrE, Vernon.
210
History of Contra Costa County.
FOR ASSEMBLY,
H. C. Cardwell, Sacramento City,
P. B. Cornwall, Sacramento City,
John S. Fowler, Sacramento City,
J. Sherwood,
Elisha W. McKinstry,
Madison Waltham, Coloma,
W. B. Dickenson, Yuba,
James Queen, South Fork,
W. L. Jenkin, Weaverville.
FOR ASSEMBLY,
H. C. Cardwell, Sacramento City,
P. B. Cornwall, Sacramento City,
John S. Fowler, Sacramento City,
H. S. Lord, Upper Sacramento,
Madison Waltham, Coloma,
W. B. Dickenson, Yuba,
James Queen, South Fork,
Arba K. Berry, Weaverville.
The popular voice also made San Jose' the capital ; but let us here de
scribe the interesting preliminaries attending this consummation.
SAN JOSE MADE THE STATE CAPITAL. During the session of the Conven
tion the residents of San Jose, in public meeting assembled, elected a com
mittee to proceed to Monterey, to there use their utmost endeavors with the
members to have San Jose named in the Constitution the State Capital.
They found a staunch opponent at once in the person of Dr. Robert Semple,
the President, who coveted the honor for his then rising town of Benicia ; he
offering at the time that if the favorers of the San Josd scheme would agree to
permit the first session to be held at the former place, he doubted not but
the permanent location at the latter could be readily effected. This, how
ever, did not suit the views of San Jose"s plenipotentiaries, and, as if to bait
the hook, they emphatically promised to be ready with a suitable building
by the 15th December, about the time when the Legislature would sit a
rash promise enough, when is taken into consideration the fact that such an
edifice had not then been completed in the town. Let us see how the
pledge was redeemed. At that time there stood on the east side of Market
Square, San Jose', a large adobe structure, erected in the year 1849 by Sain-
sevain and Rochon, which was meant by them for a hotel. This edifice, as
the most suitable the town could offer for a State House, the Ayuntamiento
or Town Council purposed to rent for the legislature, but the price asked
was so exorbitant, four thousand dollars per month, that it was deemed best
to purchase the building outright, but here the proprietors declared them
selves unwilling to take the pueblo authorities as security, who were conse
quently placed in the two-fold dilemma of being without the requisite funds
to effect the purchase, and no credit to rent it. Happily, those citizens, in
whose coffers lay most of the wealth, rather than see the pristine glories
attendant on the presence of the Legislature in San Josd glide from them,
with marvelous generosity, came forward to save the honor of the delegates
to the Convention, as well as the credit of the Town Council, and nineteen
of them executed a note for the price asked, thirty-four thousand dollars,
Legislative History of Contra Costa County. 211
with interest at the rate of eight per cent, per month from date until paid.
A conveyance was made to three of their- number, who held the premises in
trust for the purchasers, to be ultimately conveyed to the Town Council
when it could pay for them. An appropriation of fifty thousand dollars,
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 for
that amount were issued ; but the credit of the new State, unfortunately ;
was below par ; actual cash in hand was the slogan of the vendors. The
bonds were sacrificed at the rate of forty cents on the dollar, and the amount
received thereby used in partial liquidation of the debt, the indebtedness re
maining being, subsequently, the cause of vexatious and protracted litigation.
On Saturday, December 15, 1849, the first State Legislature of Cali
fornia met at San Jose', E. Kirby Chamberlin being elected President pro
tern of the Senate, and Thomas J. White Speaker of the Assembly. On the
opening day there were only six Senators present ; the following day Gov
ernor Riley and his Secretary, H. W. Halleck, arrived, and on Monday nearly
all members were in their places.
MEMBERS OF FIRST CALIFORNIA LEGISLATURE. We will
now introduce to our readers a number of those of California's first Legis
lators an interesting record of by-gone times :
SENATORS :
David F. Douglass Born in Sumner county, Tennessee, the 8th of Jan
uary, 1821. Went to Arkansas with Fulton in 1836. On the 17th of
March, 1839, had a fight with Dr. Wm. Howell, in which Howell was killed ;
imprisoned fourteen months ; returned home in 1842 ; emigrated to Mis
sissippi ; engaged in the Choctaw .speculation ; moved with the Choctaws
west as a clerk ; left there for Texas in the Winter of 1845-6. War
broke out ; joined Hayes' regiment ; from Mexico immigrated to California,
and arrived here as a wagoner in December, 1 848.
M. G. Yallejo Born in Monterey, Upper California, July 7, 1807. On
the 1st 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 the Convention in 1849
and Senator in 1850.
Elcan Haydenfeldt 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, Novem
ber 19, 1819. At the age of nineteen he entered the.*public service. He
was appointed Administrator-General "de la rentas," which position he held
212 History of Contra Costa County.
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. Immi
grated to California, via Rocky Mountains and Oregon, April 1, 1846. Res
ignation accepted by Navy Department October 29, 1849. Elected to
represent the district of Monterey jn the first Senate of the first Legisla
ture of California, for the term of two years.
Thomas L. Verineule Born in New Jersey on the llth 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 Joa
quin district, as an attorney-at-law.
Elisha 0. Crosby Senator from Sacramento district. Native of New
York State. Immigrated from New York December 25, 1848. Aged thirty-
four years.
D. C. Broderick Senator from San Francisco. Born in Washington
city, D. C., February 4, 1818. Emigrated from Washington to New York
city March, 1824. Left New York for California April 17, 1849.
E. Kirby Chamberlin, M. D., President pro tern of the Senate from the
district of San Diego. Born in Litchfield county, Connecticut, April 24,
1805. Emigrated from Connecticut to Onondago county, New York, in
1815 ; thence to Beaver, Pennsylvania, in 1829 ; thence to Cincinnati, Ohio,
in 1842 ; served as surgeon in the United States army during the war with
Mexico ; appointed surgeon to the Boundary Line Commission, February
10, 1846 ; embarked from Cincinnati, Ohio, February 15th; arrived in San
Diego June 1, 1849, and in San Jose December 12, 1849.
J. Bidwell Born in Chautauqua 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 en
tered said port.
Benjamin S. Lippencott Senator from San Joaquin. Born in New
York. Emigrated February, 1846, from New Jersey. By pursuit a mer
chant. Elected for two years.
Legislative History of Contra Costa County. 213
ASSEMBLYMEN :
Elam Brown Born in the State of New York in 1797. Immigrated
from Massachusetts in 1805 ; to Illinois in 1818 ; to Missouri, 1837, and
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. Immigrated from Missouri, April, 1847. Resi
dence, 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. Immigrated from thence in January,
1849. Arrived in California May 1, 1850. Represents San Joaquin dis
trict. Resides in Sonora, Tuolumne county.
A. P. Crittenden Born in Laxington, Kentucky. Educated in Ohio,
Alabama, New York and Pennsylvania. Settled in Texas in 1839. Came
to California in 1819. 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 Cali fornia. 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 the State of New York. Immigrated to Cali
fornia, 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.
Thomas J. Henley Born in Indiana. Family now resides in Charles-
town, 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 Cali
fornia in March, ] 849. 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 Califor
nia April 4, 1849. Reached there October 16th. Was elected to the As
sembly, November 13th, from Sacramento district, and is now in Pueblo de
San Josd
John S. Bradford represented the district of Sonoma.
At the start considerable dissatisfaction was felt in respect to the ac
commodation offered by the State House, and only four days after its first
214 History of Contra Costa County.
occupation, George B. Tingley, a member from Sacramento, introduced a
bill to remove the Legislature to Monterey. It only passed its first reading
and was then consigned to the purgatory of further action.
GOVERNOR BURNETT ASSUMES OFFICE. Governor Riley resigned his
gubernatorial functions to Governor Peter H. Burnett on the 20th of De
cember, 1849; on the same date Secretary Halleck was relieved of his
duties, and at noon of the day following the new Governor delivered his
first message. On this day also Colonel J. C. Fremont received a majority
of six votes, and Dr. William M. Gwin a majority of two, for the United
States Senate.
STATE CAPITAL REMOVED. And now a monster enemy to the interests
of San Jose' appeared in the field.
In the year 1850 General-Senator Mariano Guadalupe Vallejo became
convinced that the capital of California should be established at a place
which he desired to name Eureka, but which his colleagues in the Legisla
ture, 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 pro
posed 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 oncost, 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 for a Deaf and Dumb Asylum ; eight acres for four com
mon 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 $370,000,
to be apportioned in the following manner : For the building of a State
Capitol, $125,000 ; for furnishing the same, $10,000 ; for building of the
Governor's house, $10,000 ; for furnishing the same, $5,000 ; for the building
of State Library and Translator's Office, $5,000; fora State Library, $5,000;
for the building of the offices of the Secretary of State, Comptroller, Attor
ney-General, Surveyor-G ral, and Treasurer, should the Commissioners
Legislative History of Contra Costa County. 215
deem it proper to separate them from the State-house, $20,000 ; for the
building of an Orphan Asylum, $20,000 ; for the building of a Female
Charity Hospital, $20,000 ; for the building of a Male Charity Hospital,
$20,000; for the building of an Asylum for the Blind, $20,000; for the
building of a Deaf and Dumb Asylum, $20,000 ; for the building of a State
University, $20,000 ; for University Library, $5,000 ; for scientific apparatus
therefor, $5,000 ; for chemical laboratory therefor, $3,000 ; for a mineral
cabinet therefor, $3,000 ; for the building of four common school edifices,
$10,000; for purchasing books for same, $1,000; for the building of a
Lunatic Asylum, $20,000 ; for a State Penitentiary, $20,000 ; for a State
Botanical Collection, $3,000.
In his memorial the General states with much perspicacity his reasons
for claiming the proud position for the place suggested as the proper site
for the State Capital. 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 popular 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 Cali
fornia 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 Fran
cisco 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 memo
rialist 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 resources 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 inter
course 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
216 History of Contra Costa County.
State in the fewest number of hours, and at the cheapest cost, is the tniest
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, that 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 local knowledge of the country com
prised in the above-quoted document, both geographical and topographical,
was directed to report, for the information of the President, upon the advan
tages claimed for the location of the Capital at the spot suggested, in prefer
ence 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 dona
tion 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 secre
tary, 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
Legislative History of Contra Costa County. 217
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 Legis
lature in San Josd was completed ; but the archives were not moved to the
new seat of government at Vallejo at that time, the want of which was the
cause of much dissatisfaction among the members.
The Legislature first met at Vallejo on January 5, 1852, but there was
wanting that attraction of society which would appear to be necessary to
the seat of every central government. With these Sacramento abounded,
from her proximity to the mines. The Assembly, therefore, with a unan
imity bordering on the marvelous, passed a bill to remove the session to that
city, ball tickets and theater tickets being Rendered 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 on any consideration. Senator Anderson, it is said, passed a sleep
less 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 thither again, 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, where it remained until
a bill was passed to fix the capital of the State at Sacramento, and there
after clinched by large appropriations for building the present magnificent
capitol there.
The capital being removed from San Jose", the Town Council sold the
State-house for thirty-eight thousand dollars, which sum it was intended
should be applied to the liquidation of the note mentioned above. The
money, it would appear, was not so applied, therefore legal proceedings were
instituted by the gentlemen holding the premises in trust for the purchasers,
or their representatives, against the city, to obtain the foreclosure of a mort
gage executed to them by the civic authorities in 1850 to secure the pur
chase of the property. A decree of foreclosure was obtained, the pueblo
lands brought to the hammer, and bought in by the trustees of the plain
tiffs, who had organized themselves into a land company, and claimed title
218 History of Contra Costa County.
to all the pueblo lands, a claim which was resisted to the bitter end by the
pueblo authorities.
The question of the legality of the removal was brought up in 1854 be-
before the Supreme Court, when a majority of the Justices, Heydenfeldt
and Wells, held that according to law San Josd was the capital of the State,
who thereupon made the following order, March 27th :
" It is ordered tha-t the Sheriff of Santa Clara county procure in the
town of San Jose", and properly arrange and furnish a Court- room, 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 the Court to
the town of San Jose". It is further ordered that the Court will meet to
deliver opinions at San Jose" on the first Monday in April, and on that day
will appoint some future day of the term for the argument of cases.
" HEYDENFELDT, . J.
"Attest : D. K. WOODSIDE, Clerk" " WELLS, J.
A writ of mandamus on the strength of the above was issued from the
Third District Court against all the State officers, commanding that they
should 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, whereupon an appeal was carried to the
Supreme Court. In the interim Justice Wells had died, his place being
filled by Justice Bryant. On the appeal the Supreme Court decided that
San Jos^ was not the State capital, from which decision Justice Heyden
feldt dissented.
RECORDS OF COURT OF SESSIONS, AND BOARD OF SUPERVISORS. The
first record we have been able to find of the transactions of the Court of
Sessions was the partitioning of the county on April 17, 1850, into the three
townships of New York, Martinez and San Antonio. On April 20th an
election was ordered to be held for two Justices of the Peace and one
Constable for each township, the inspectors appointed being J. Wood-
bury at the precinct of New York ; Wesley Bradley at Martinez ; and J.
S. Ridgely at San Antonio, those elected being desired to attend at the
office of the County Clerk on the Monday after the election, to enter
into bonds and take oath of office. On April 30th, an election was ordered
to be held for the office of County Judge of Solano county, the position be
ing rendered vacant by the failure of James Craig to qualify for the office,
a move undertaken by Judge F. M. Warmcastle of Contra Costa, in accord
ance with law. May 13th the Court of Sessions convened by order of the
County Judge at the Court-house in Martinez, when there were present F.
M. Warmcastle, Judge ; Absolom Peak and Edward G. Guest, Associate
Justices; Thomas A. Brown, County Clerk; and Nathaniel Jones, Sheriff.
It was then ordered that there be assessed and collected for ordinary county
Legislative History of Contra Costa County. 219
expenditure of the real and personal property taxable by law the amount
of twenty-five cents on each one hundred dollars ; and that in the same
manner a like sum should be levied for the purpose of constructing public
buildings for the use of the county, the County Clerk being directed to pro
cure for present use a suitable building wherein to locate the Court-house
and Clerk's office, to fit up the same, supply it with the necessary blank
books and stationery, and otherwise render it fit for official occupation. A
State Poll Tax of two dollars and fifty cents was also made collectable from
those whom the law required to pay it. On the 3d of June the County
Clerk was ordered to receive sealed proposals for the erection of a jail ;
while, on July 20th, certain accounts for labor performed on the temporary
county buildings were allowed. A sum not to exceed fifty dollars was also
granted to procure an official seal. August 19th the following licenses were
made levyable :
To vend goods, wares and merchandise, with a capital of
$5,000 or less $20.00 per annum.
To vend spirituous, vinous, malt and fermented liquors in
less quantities than one pint $50.00 per annum.
While on this date application was made by and license granted to Oliver
C. Coffin to establish a ferry between the towns of Martinez and Benicia
on his filing a bond in the amount of two thousand dollars. The fares to
be charged were limited by the Court to :
For each foot man $1 00
" man and horse , 2 50
" single horse, mule or ox 2 00
" wagon 5 00
" carriage 4 00
" each head of sheep or hogs, etc 50
August 26th the following Inspectors were selected for the election
ordered for October 7th, viz : Antonio Peralta for San Antonio township ;
John Marsh for New York township, and Wesley Bradley and Joseph
Rothenhostler for Martinez township, the latter at the precinct established
at the house of Josd Maria Amador.
1851. Under date January 25th of this year a petition from the citizens
of Martinez that the town should be incorporated was granted, the limits
being a mile square, and an election was ordered to be held for Town Trus
tees on February 8th, B. R. Holliday, Charles Pervine and J. C. Burrows
being appointed Judges. This matter will be found more fully entered into,
however, in the history of that township and town. On August 4th we
find the Court granting a license to H. W. Carpentier and A. Moon to run
a ferry " from Contra Costa, in the township of San Antonio, to the city of
San Francisco," and fixing the tariff as follows :
220 History of Contra Costa County.
For one person $1 00
" one horse ; 3 00
" one wagon 3 00
" one two-horse wagon 5 00
" meat cattle, per head 3 00
" each hundred-weight 50
" each sheep 1 00
" each hog 1 00
It was ordered by the Court, September 6th, that the Surveyor-General
of the State be requested, within that month, to mark out so much of the
boundary line dividing the counties of Contra Costa and San Joaquin, so
as to define said boundary between the San Joaquin river and the high
hills in the direction of the head waters of the Alameda creek, in the Coast
Range of mountains. On December 1st the Court appointed Jose Martinez,
Robert Livermore, J. S. Bauer and Robert Birnie " Judges of the Plains,"
(Juez de Campo). The duties of these officials were to arbitrate between
owners in all disputes that might arise as to cattle-property, and overhaul
and inspect all brands of stock being driven from or through the county.
Their emoluments consisted in " perquisites," of which there were occasion
ally a great many.
1852. The first item of importance which the records of this year
divulge is the order of the Court of Sessions, on May llth, that one-half of
the revenue collected for county purposes, which was fixed for the year at
fifty cents on the one hundred dollars, should be set apart as a Public
Building Fund, while, on the same day, a call for proposals to build a
Court-house, in Court-house Square, Martinez, was made, but was after
wards rescinded on August 10th, by the Board of Supervisors.
Under the provisions of the Act of the Legislature, passed May 3, 1852,
a Board of Supervisors was created for Contra Costa county, and in pur
suance thereof an election was held June 14, 1852, when the following five
gentlemen were elected, viz : William Patten, Samuel H. Robinson, Victor
Castro, Robert Farrelly and T. J. Keefer, the first-named being chosen
Chairman of the Board by his associates. On July 5th, committees were
duly appointed and other matters arranged for the full organization of the
Board of Supervisors, who at once assumed the reins of civil government.
Among their earliest orders was the laying out of a road between Oakland
and San Pablo. On July 23d, Supervisor Robinson made his report on
assessments within the county. As a matter of curiosity we now produce
some of these, for the purpose of showing the amount of land then held by
some individuals and assessed at over five thousand dollars :
Acres. Rate per acre. Assessments.
Juan B. Alvarado 2,214 $1000 $22,140
G. Anghinbaugh 905 9 00 8,145
W. W. Chipman 905 900 8,145
Legislative History of Contra Costa County.
221
Acres. Rate per acre. Assessments.
W. Castro 27,568 $3 00 $82,704
Barbara Castro 6,642 6 00 43,173
Gabriel Castro 2,214 8 00 17,712
Juan Jose" Castro 2,214 7 00 15,498
Joaquin Castro 2,214 8 00 17,712
Jesus Maria Castro 1,107 6 00 6,642
Estudillo Heirs 4,428 7 00 30,996
J. F. Hubbard 905 9 00 8,1 45
Jos6 Martinez 4,028 3 00 12,084
Leo Norris 10,284 5 00 '51,420
Salvio Pacheco 17,712 8 00 141,696
G. Romero 6,642 5 00 33,210
Ygnacio Sibrian 8,856 5 00 44,280
Wm. M. Smith 6,118 2 50 15,295
Jose Jesus Vallejo 19,926 5 00 99,630
Joseph Emeric 1,107 6 00 6,642
Antonio Castro 2,214 800 17,712
John Marsh 17,712 1 00 17,712
Domingo Peralta 4,428 2000 88,560
Rancho San Ramon 4,428 500 22,140
Bias Sibrian 13,284 125 16,605
Vicente Peralta 4,428 20 00 88,560
Ygnacio Peralta .- 6,642 20 00 132,840
Antonio Maria Peralta 5,535 20 00 110,700
Heirs of Welch 13,000 5 00 65,000
Encinal of Temescal 2,600 40 00 104,000
fcr
The above are, by no manner of means, the only ones assessed in what
was then Contra Costa county, which extended from the San Joaquin to the
boundary of Santa Clara. A glance at the figures will give the reader, how
ever, an idea of what vast tracts of land were held by the native Califor-
nians in the early years of American occupation. No county, it would
appear, can revel in a freedom from debt ; even the newly defined Contra
Costa, with an existence of but a little over two years, had, on July 1, 1852,
a liability of one thousand three hundred and thirty-six dollars, thirty-
two cents. Under date August 12th, we find the following minute : " The
Board having had the matter of the supplemental assessment made and
returned by the County Assessor under consideration, and being sufficiently
advised thereon do find that there are forty -four thousand two hundred and
eighty acres of land believed to be covered by title and lying unclaimed
between the land claimed by the heirs of Francisco Castro, the Peraltas, and
some claimed by the heirs of Estudillo, and that the same is worth five dollars
per acre, amounting to two hundred and twenty-one thousand, four hun
dred dollars, do order that the same be assessed to persons unknown." The
222 History of Contra Costa County.
last note in the records for this year, is that of December 28th, when the
salary of the District Attorney was fixed at two thousand dollars per
annum.
1853. While the Legislature was sitting in Benicia in this year a peti
tion was presented by H. C. Smith from the citizens of Santa Clara and
Contra Costa counties, praying that a new county be formed out of portions
of each, to be called Alameda. Then, as now, the county seats were San
Jose" and Martinez, the dividing line between Santa Clara and Contra Costa
being the Alameda creek. The inhabitants living near the present city of
Oakland felt the distance from Martinez, some thirty miles, to be too great
for the comfortable transaction of business, while they were separated from
it by a chain of mountains, which increased the difficulty of travel ; there
fore the western and southern half of Contra Costa, with Washington town
ship in Santa Clara, was formed into one county and named Alameda, by
which Contra Costa lost most of its coast line yet still retaining its mis
nomer of " opposite coast " and several centers of trade, now growing up
on the opposite shore of San Francisco Bay. On June 8th the Court of
Sessions, who were once more in power, appointed J. F. Williams and Thos.
A. Brown, the District Attorney and County Clerk, on the part of Contra
Costa county, to meet the delegates from Alameda county, to settle ques
tions on the partition mentioned above, a duty that was for the time-
being successfully performed ; while, on September 13th, the salary of the
District Attorney was reduced to one thousand dollars per year.
1854- In accordance with plans submitted by L. R. Townsend, archi
tect, the proposal of H. J. Childers and C. Chipman to build a Court-house
for twenty-seven thousand dollars was accepted, the site chosen being on
the hill fronting the bay Lot Number Four, Block Two, in the town of
Martinez.
November 10th the Court of Sessions directed that the ferry -boat ply ing
between Martinez and Benicia should make half -hourly trips in the morning
between 8 and 11:30 A. M., and in the afternoon between 1 and 5:30 P. M.
The last item in this year is one on which the true chronicler refuses to
dwell ; enough may be gleaned from the bare statement that on December
4, 1854, the records state that John M. Jones, County Assessor, was removed
on account of malfeasance in office, after a protracted trial before the Court
of Sessions.
1855. By the provisions of an Act to create a Board of Supervisors for
the counties of the State of California and to define their duties, passed
March 20, 1855, the County Clerk, County Assessor and County Surveyor
of Contra Costa divided the county into three districts, on April 30,
1855, while, in pursuance of said Act, Thomas A. Brown, County Clerk,
called an election to be held throughout the county for the purpose of
Legislative History of Contra Costa County. 223
choosing one Supervisor for each district. The election was held April 12,
1855, and resulted in John H. Livingston being elected Supervisor of Dis
trict Number One, composed of Townships Numbers One and Five ; L. E.
Morgan, Supervisor of District Number Two, composed of Township Num
ber Three ; and W. R. Bishop, Supervisor of District Number Three, com
posed of Townships Numbers Two, Four and Six. It has been mentioned
that our county had not escaped the incubus of debt ; indeed, as the
years flew by these were considerably augmented, notably by a judgment
in the Oilman case, a history of which will be found hereafter, until it
became necessary to raise money by the issue of county bonds. In this
regard, on May 26th, Supervisor Morgan was empowered by the Board to
raise a loan of such sum of money as should be sufficient to pay the interest
due on such bonds in the following July, he being at the same time authorized
to contract with such persons in San Francisco as would establish an agency
for the payment of the coupons in the city of New York. The Board
further ordered that the money thus raised should be repaid out of the
first funds coming into the County Treasury from the Interest Fund of
thirty cents on each one hundred dollars of taxable property, or the General
Fund. On June 1st Mr. Morgan made his report, which was duly accepted,
as was also an agreement entered into with Palmer, Cook & Co., of San
Francisco, whereby they covenanted, on the receipt of the sum of two
thousand dollars, to pay the interest on the funded debt of Contra Costa
county, due and payable in the city of New York on July 1, 1855, they
receiving remuneration therefor at the rate of two per cent, upon the amount
of money paid by them. June 27th the following were fixed as the rates of
fees to be allowed to attorneys appointed by the Court to defend criminals,
or persons accused of crime :
For defending in a case of Felony, punishable with death $50.00.
For defending in a case of Felony, not punishable with death. . 25.00.
For defending in a case, charged with misdemeanor 15.00.
Provided that but one attorney shall be allowed fees against the county for
defending the same case.
1856. It is nob until the month of November in this year that we have
been able to find aught of common interest in the records. The total vote
of the county at the general election was found to be nine hundred and
forty-six. On the 17th of November it is minuted that owing to the de
struction of the Union Hotel, in Martinez, of which the County Treasurer
was proprietor, the records of his office, that he kept there, were de
stroyed, regarding which we find the following : " And now comes Robert
E. Borden, County Treasurer, and reports to this Board, and on his affidavit
states, that the books, papers and monies of the office have been destroyed
by fire, and it appearing that about one thousand dollars were saved, and
about one thousand nine hundred dollars were lost, belonging to the different
224
History of Contra Costa County.
funds as set forth in hio statement, and from said statement it appears
that the said loss was, so far as the Treasurer was concerned, unavoidable.
This Board are of opinion, however, that he, the Treasurer, cannot be re
lieved to the extent prayed for, except by Legislative action. The Board
(Thomas A. Brown being one of the sureties on said Treasurer's bond refus
ing to act in the matter) do recommend and petition that the Legislature do
grant to the said Robert E. Borden, County Treasurer, aforesaid, the relief
prayed for."
1857. Save the elections and appointments which will be found em
bodied in the elaborate table at the end of this chapter, nothing of much
moment would appear to have occurred during this year.
1858. Neither have we anything to record of this year, that has not
been elsewhere said.
1859. Placing our subject under a system of sub-heads, and thus con
densing one subject, deprives us of having anything to say here about the
transactions of the Board of Supervisors for this year.
1860. The machinery of the county having been now in full operation
for a decade of years let us for a moment glance at the state of her finances
at the beginning of the year 1860. The County Treasurer in his report to
the Board of Supervisors on the 6th February of that year presented the
accompanying Table, which will, more clearly than words, elucidate the
financial condition of Contra Costa :
State Fund.
County Gen
Fund.
Sinking
Fund.
Conting't
Fund.
Road
Fund.
School
Fund.
Estray
Fund.
Balance at last settlement
Since received
Aggregate
$2,1(51 25
8,207 49
10,368 74
$1,364 28
4,058 30
5,422 58
$6,240 55
3,447 70
9,688 25
$6 75
800 00
806 75
$504 01
344 75
848 76
$1,559 95
1,873 03
3,432 98
$97 50
10 00
107 50
Disbursements
10,353 74
4,917 76
9,620 23
292 22
344 18
67 50
80 00
Balance on hand
$15 00
$504 82
$68 02
$514 53
$504 58
$3,365 48
$27 50
Making a sum total of four thousand nine hundred and ninety-nine
dollars, ninety-three cents.
The account of the Funded Commissioners presented at the same
time was :
Dr. Cr.
January 1, 1860 Amount of Sinking Fund $9,112 74 $
Contingent Expenses 82 00
Amount of Awards ordered to be paid
redeeming indebtedness 9,112 74 8,782 22
Balance on hand 248 02 8,864 72
Amount of salary of Commissioners. ... 120 00
Amount of balance.. 128 02
Legislative History of Contra Costa County. 225
On August 6, 1860, it was ordered by the Board of Supervisors that a
special tax of one per cent, be added to the tax already levied for the cur
rent year, to be set aside as a Special Fund for the satisfaction of the judg
ment heretofore obtained in re Oilman versus Contra Costa county, in ac
cordance with the award of a Bill passed by the Legislature, approved
March 14, 1860, entitled ""An Act for the payment of a judgment in favor
of T. C. Oilman against the County of Contra Costa." At the general elec
tion, held November 6th, a majority of five hundred and ninety-six voted
against the holding of a Constitutional Convention ; while a majority of
three hundred and one voters desired that the State Debt should be repu
diated, viz :
For Constitutional Convention 328
Against Constitutional Convention 924
Pay the Debt 351
Repudiate the Debt 7 652
1861. On the 5th February of this year it is recorded that Judge
Thomas A. Brown released the county from the payment to him of six
thousand dollars, being back salary for four years' services as County Judge,
ending on the first Monday of December, 1861.
It should be mentioned that the salary provided by law for the office of
County Judge of Contra Costa county was two thousand five hundred dol
lars per annum, but Judge Brown declared his intention to reduce it to
one thousand dollars a year, which sum he drew, and at the end of the term
freed the county from the responsibility of paying him the accrued six
thousand dollars an unusual piece of magnanimity on the part of a
public official, and one which could only have emanated from the mind of
a high-souled public servant.
Consequent on the death of the County Treasurer, the following reso
lutions were passed by the Board of Supervisors at their session on March
2, 1861 :
" Resolved, That it is with deep regret that we have been called to act
as a Board in the appointment of a person to succeed our much-lamented
friend Hiram Fogg, late Treasurer of this county, and that we hereby ex
press our united and unqualified approval of his conduct as an officer in
the discharge of his duties, and as a man in the varied relations of life, and
we hereby express our earnest sympathy with his bereaved family.
Resolved, That a copy of this resolution be furnished his family and be
published in the Contra, Costa Gazette."
226 History of Contra Costa County.
On the 6th of May of this year the indebtedness of the county was :
Bonds outstanding May 1, 1861 "" $60,400 00
Interest on coupons due on same 24,161 59
Warrants and jury scrips, and interest on same 4,245 75
Amount of Oilman judgment unpaid, 13,705 29
Total $102,512 63
In the proceedings of the Board on November 5th, we find the following
minute : " The petition of ' Cranky Jim ' for repair of the bridge in the town
of Martinez, ordered to be rejected his remedy is to apply to the Road
Overseer of road district."
186%. In regard to the indebtedness of Alameda county to Contra
Costa, B. C. Whitman and Charles Fish were appointed by the Legislative
Commissioners under the provisions of an Act passed April 26, 1862, to
ascertain and award the amount of indebtedness, if any be found equitably
due. This report was presented in the form of a communication addressed
jointly to the Supervisoral Boards of the two counties interested, and con
tains the following decision : " They (the Commissioners) find that the
county of Contra Costa has paid on account of obligations existing at the
time of the organization of the county of Alameda the sum of thirty-six
thousand seven hundred and fifty -five dollars, fifteen cents. That the said
county of Alameda was justly and equitably bound for a portion thereof,
amounting to fifteen thousand five hundred and eighteen dollars, seventy-
eight cents. That under and by virtue of an award heretofore made on
June 4, 1858, said county of Alameda has paid to the county of Contra
Costa the sum of three thousand nine hundred and forty-five dollars, sixty-
six cents, leaving unpaid a balance of eleven thousand five hundred and
seventy-four dollars, twelve cents, equitably due from the county of Alameda
to the county of Contra Costa, arising out of obligations existing against the
county of Contra Costa at the time of the organization of the said county
of Alameda. Therefore we do hereby award said sum of eleven thousand
five hundred and seventy-four dollars, twelve cents, as equitably due under
and by virtue of the provisions of the Act aforesaid from the county of
Alameda to the county of Contra Costa, and by virtue of the powers con
ferred upon us we declare and certify the same to your Honorable Bodies
as by said Act directed and charged."
1863. We have nothing of interest to record in this year as forming a
portion of the political history of the county.
1864- In accordance with a communication from the State Comptroller
dated April 11, 1864, the taxes to be levied and collected for State purposes
for the year ending March 1, 1865, were fixed as hereunder given. They
Legislative History of Contra Costa County. 227
will also be found given in the aggregate in our taxation table at the
close of this chapter :
For General Purposes 48| cts. on the $1 00
Interest and Sinking Fund of 1857 30
Interest and Sinking Fund of 1860 01
State Capitol .05
Insane Asylum 05
Soldiers' Relief Fund 04
Aid to Central Pacific Railroad 08
Benefit of Line Officers of California Volunteers 01
Soldiers' Bounty Fund 12
Additional cells at State Prison 05
School Purposes 05
$1.25 on the $100
March 19th the apportionment of grand and trial jurors for the different
townships in the county, in accordance with the Act of the Legislature of
April 27, 1863, was ordered as follows : Township Number One, one
hundred and twenty-six ; Township Number Two, one hundred and forty-
three ; Township Number Three, one hundred and eighty-one.
1865. On January 5, 1865, we find that G. F. Sharp had procured an
execution against the county for the sum of three hundred and ten thousand
dollars and upwards, subject to a credit of thirty thousand dollars and
upwards, purporting to be issued upon a judgment rendered in his favor in
or about July, 1860, but as by an Act of the Legislature a special tax was
raised to satisfy the judgment, the Board of Supervisors directed the Dis
trict Attorney to take immediate legal steps to procure the satisfaction of
record of said judgment, and the quashing of said writ of execution, and
the release of and all levies made thereunder, and take such legal steps as
may be proper to fully and amply protect the interests of the county. On
February 8th the board entirely rejected this claim, which was the outcome
of the vexatious Gilman case.
1866 1867. Except the necessary elections and changes in the officials
of the county, there is nothing of interest to record in these years.
1868. On May 6, 1868, it was ordered by the Board of Supervisors that
an election be held in Contra Costa county on June 20, 1868, for the pur
pose of submitting a proposition for the county to make a donation to the
Martinez and Danville Railroad Company to aid in the construction of a
railroad from Martinez to Danville, in the county of Contra Costa, in pur
suance of an Act of the Legislature, entitled " An Act to authorize the
county of Contra Costa to donate bonds to the Martinez and Danville
228
History of Contra Costa County.
Railroad Company, and to provide for the payment of the same. Approved
March 30, 1868." The result of the vote taken we give below :
For the donation 391 votes.
Against the donation 522 votes.
Majority against the donation 131 votes.
On October 23d extensive repairs were ordered to the Court-house, con
sequent on the damage caused by the great earthquake of the 21st; indeed,
so ruinous was the destruction that the District Court was relegated to the
carpenter's shop of E. W. Hiller, the proper room being considered insecure.
Authorization to build a calaboose at Antioch was granted to R. B. Hard, a
sum of money being set apart for that purpose and thus ends the record
for 1868.
1869 1870. For these two years the affairs of the county proceeded
without let or hindrance. Smooth were the sessions of the Supervisoral
Board, as they paid accounts and kept the official machinery revolving.
1871. A Special School Tax was ordered, on August 16th, to be levied
upon the property in each school district in the county in which a deficiency
was shown by the written statement of the County Superintendent, pur
suant to an Act of the Legislature, entitled " An Act to amend an Act to
provide a system of Common Schools Approved April 4, 1871," viz:
District. On each $100.
Moraga $ .28
Morgan Territory 1 . 20
Mount Diablo 16
Iron House 48
Mount Pleasant 08
Oak Grove 12
Pinole 08
Pleasant Hill 60
Pacheco .39
Rodeo Valley 36
San Ramon 41
San Pablo 04
Somersville 12J
Sycamore 43
Tassajara 25
Willow Springs 45
:>. It would appear that some change was contemplated in the
boundary line between Alameda and Contra Costa counties by some indi
viduals unconnected with the latter, for we learn that the Board of Super-
District. On each
Amador $ .77
Antioch 09
Alhambra 35
Briones 26
Bay Point 27
Carbondale 10
Central 18
Concord 42
Danville 40
Deer Valley 1.33
Excelsior : 05
Eden Plain 23
Green Valley 46
Lime Quarry 21
Lone -Tree 02
Lafayette 28
Martinez 05
Legislative History of Contra Costa County. 229
visors, on January 27, 1872, protested against any such alteration, prefer
ring that the dividing line should remain as laid down in the Act of March
25, 1853. On February 6th the town of Antioch was incorporated, the
limits being fixed at one mile in width and about three in length. (For a
plat of the town see page ninety-two, volume five, Records Board of Super
visors.)
1873. On May 7, 1873, directions were given for the consolidation of
the offices of County Recorder and Auditor, and that of Sheriff and. Tax-
Collector.
187 If,. At an election held May 2, 1874, in Township Number Four, the
electors voted against the issuing of liquor licenses by a majority of sixty-
three votes, while, on June 6th, elections for a like purpose were held in
Townships Numbers One, Two, Three and Five, with the following result :
To'umship No. 1. For License 203 votes.
Against License 161 votes.
Majority For License 42 votes.
Township No. 2. For License 77 votes.
Against License 143 votes.
Majority Against License 66 votes.
Township No. 3. For License 152 votes.
Against License 84 votes.
Majority For License 68 votes.
Township No. 5. For License 216 votes.
Against License 157 votes.
Majority For License 59 votes.
While on August 3d each School district was declared to be a Squirrel In
spection District.
1875. It was decided in this year to build offices for the County Clerk
and Recorder apart from the Court-house building. On September 6th the
construction was placed in the hands of P. H. Donovan and a committee
appointed to select a site for the edifice, the choice falling on Lot Number
Five, Block Two, in the town of Martinez.
1876. On February 9, 1876, measures were taken for the destruction
of coyotes, and a bounty offered by the Board of Supervisors on production
of the scalp and ears ; and on May 22d the Grangers' Warehousing and
Business Association received permission to construct a wharf on the fore
shores at Martinez.
230 History of Contra Costa County.
1877. The offices of County Recorder and Auditor were once more
consolidated, by the Supervisors on May 7, 1877 ; while, on the following
day directions were issued for co-operation with the Board of Supervisors of
Alameda county, in a resurvey of the boundary line between that and
Contra Costa. August 6th, the following resolutions, consequent on the death
of Supervisor Tormey, were offered by Supervisor Loucks and adopted by
the Board :
"WHEREAS, Since the last previous meeting of this Board the call of
death has removed from among us our late associate, Supervisor John Tor
mey, for a long term of years a member of this Board and one of our most
active and enterprising citizens.
" Resolved, That in the death of John Tormey, Esq., this Board has lost
an esteemed and valued member, the county one of its most prominent and
active citizens, and his family a devoted father and husband.
" Resolved, That these resolutions be spread upon the minutes of the
Board and a copy forwarded to the widow and children of the deceased,
with a tender of the sincere sympathy of his late official associates in the
affliction of their bereavement."
The last item of interest in the year 1877 was the approval of a map
of the survey of the county line between Contra Costa and Alameda.
1878. The general reader will doubtless agree with us that the politi
cal phases of the county were without especial interest, except in a general
way, until the question of a new organic law for the State began to be
agitated. That the old Constitution was defective in many respects was
granted by all, and some favored a new instrument, while others thought
that the old one could be so amended as to cover the ground and save much
expense. That they were right on the last proposition is doubtless true,
but as to whether or not the former was feasible was a moot-point. The
question was submitted to the people from time to time, but no definite
result was obtained until the general election of 1877, at which time a large
majority was given in favor of calling a Convention for the purpose of
framing a new instrument.
It should be mentioned here that the citizens of Contra Costa county
did not accord with the feelings of the majority of the State, as the following
vote will explain :
For Constitutional Convention 782 votes.
Against Constitutional Convention. . . .903 votes.
Majority against Constitutional Convention 121 votes.
During the next session of the Legislature a bill was framed and passed
providing for the election of delegates to this Convention, which was
approved March 30, 1878. Thirty-two delegates were to be elected from
the State at large, not more than eight of whom should reside in any one
Legislative History of Contra Costa County. 231
Congressional District. In accordance with a proclamation issued by the
Governor an election for the purpose of choosing delegates was held June
19, 1878, when the total vote in Contra Costa county was one thousand
one hundred and thirty-nine, Thomas H. Estey receiving seven hundred and
sixty votes as Joint Delegate for Marin and Contra Costa counties, and
Hiram Mills four hundred and two votes as the Delegate from Contra Costa
alone. The delegates convened at Sacramento City September 28, 1878, and
continued in session one hundred and seventy-five days. When their labors
had been completed, the new instrument was submitted to the people for
their rejection or approval, and the day set for the vote was May 7, 1879.
There was a very strong, and in many instances a bitter fight made against
its passage, while its advocates were as energetic in their efforts to secure
its adoption. The vote in Contra Costa county was :
For the New Constitution 882 votes.
Against the New Constitution 963 votes.
Majority against New Constitution 81 votes.
It will thus be seen that Contra Costa was decidedly averse to a change
in the Constitution adopted in Monterey in 1849.
The last item to be recorded in this year is the establishment of a cala
boose at Walnut Creek and another at Nortonville, money having been
granted by the Board of Supervisors for that purpose.
1879. May 5th we find the Board directing the construction of a cala
boose at Concord ; while, at the general election held September 7th the
opinions of the citizens of Contra Costa are thus decidedly expressed in the
matter of Chinese immigration !
For Chinese Immigration 16 votes.
Against Chinese Immigration 2039 votes.
Majority against Chinese Immigration 2,023 votes.
September 16th the Sheriff was directed to cause prisoners to labor on
public works.
1880. Early in this year several franchises were granted for the erection
of wharves at Port Costa, a little hamlet fast springing into notoriety as a
shipping point, and made famous as the spot where the mammoth steamer
Solano lands the western bound trains from the Atlantic. May 3d a Board
of Education, consisting of A. Thurber of Pacheco, Alfred Dixon of San
Pablo, Albert J. Young of Danville, and A. M. Phalin of Nortonville, were
appointed by the Supervisors ; and on the following day, on motion of Super
visor P. Tormey, it was ordered that the bodies of all deceased persons here
after interred in cemeteries in Contra Costa county should be buried in
graves dug at least five feet in depth. May 5th a calaboose was granted for
the town of Martinez. On the 19th an official map, nine by five feet in
232 History of Contra Costa County.
dimensions, was directed to be made by Surveyor McMahon ; while, according
to a minute of the same date, we find that the Northern Railroad Company
had over twenty-three, and the San Pablo and Tulare Railroad Company
more than thirty-four miles in length in the county, the former being valued
at thirteen thousand and sixty, and the . latter at eleven thousand two
hundred dollars per mile. In this year, too, the County Infirmary was built
and the Poor Farm laid out. On July 7th an official seal for the Board was
ordered, the design being " a sheaf of grain, horn of plenty, and grapes and
melons, surrounded by the words ' Board of Supervisors of Contra Costa
County, California.' " The public debt of the county, amounting to ninety-
four thousand one hundred dollars, was funded in this year, bonds bearing
interest at six per cent, per annum, and payable semi-annual ly, being
directed to be issued on August 4th. On the same date the salaries of the
county officers were fixed, and all fees and perquisites received directed to
be paid into the Treasury. On October 4th another debt of thirty-eight
thousand dollars was directed to be funded, and bonds bearing interest at
the rate of six per cent, per annum ordered to be issued.
1881. On February 7, 1881, Supervisor Renwick, of District No. 2,
protested against Supervisor elect Sherburne occcupying his seat at the
Board, on the plea that the Legislature of the State made no provision for
the election of county officers, or members of the Board of Supervisors for
the years 1880-1881. The Board on the same date authorized the erection
of a calaboose at San Pablo ; and on the 3d August granted permission to
the Contra Costa Telephone Company to erect posts and wire along the public
highways leading from Martinez to Danville and the Colton farm, passing
through Pacheco and Walnut Creek. The last item to be recorded is the
appointment by the Supervisors on November 23d, of Miss C. K. Witten-
myer to a place on the Board of Education of Contra Costa county in the
place of Alfred Dixon resigned.
The case of OILMAN versus CONTRA COSTA COUNTY. In the foregoing
pages much has been said regarding this case, but as the entire circumstances
connected with it may not be generally remembered we now place these
before the reader, as given in a Statement of Facts, drawn up for the State
Legislature by Judge Thomas A. Brown, and most courteously placed by
that gentleman at our disposal :
On October 28, 1852, the Board of Supervisors of Contra Costa county
made a contract with Oilman to build a bridge across the San Antonio
creek, in Oakland, the contract price being seven thousand four hundred
dollars. It was stipulated in the contract that should the Treasurer refuse
to pay any warrant or order drawn in favor of Oilman, the Treasurer hav
ing in his hands any money belonging to said county, they agreed to pay
Oilman a penalty of five per cent, per month^on the amount, to be deemed
Legislative History of Contra Costa County. 233
an interest. On March 8, 1853, the Board of Supervisors met, and accepted
the bridge, and made an order directing the County Auditor to draw a
warrant upon the County Treasurer, in favor of Oilman, for seven thousand
six hundred and sixty-two dollars and fifty cents, being the contract price
of the bridge, together with interest thereon at five per cent, per month
from the time the bridge had been completed up to the time the order was
made. A warrant was drawn (number two hundred and sixteen), by the
Auditor, in favor of Oilman, and delivered to him, March 8, 1853, for seven
thousand six hundred and sixty-two dollars and fifty cents. The warrant
was accepted by Oilman, and on the same day was presented by him to the
County Treasurer, and the Treasurer made the following endorsement on
the warrant : " Not paid for want of funds ; March eighth, eighteen hun
dred and fifty-three ; D. Hunsaker, Treasurer ; by A. M. Holliday, Deputy."
Oilman retained the warrant. It does not appear that Oilman presented
his warrant to the Treasurer for payment again. On November 15, 1854,
Oilman commenced an action against the County of Contra Costa, to re
cover the contract price of the bridge, together with five per cent, per month
interest from and after March 8, 1853. The cause was tried in Solano
county, and judgment was rendered in favor of the county. An appeal was
taken to the Supreme Court; the judgment of the District Court was re
versed, and a new trial ordered. The cause was again tried in the District
Court on January 30, 1856, and judgment was rendered against the county
for twenty thousand four hundred aud twenty-seven dollars, being the
amount of the original contract price of the bridge, with five per cent, in
terest thereon from March 8, 1853, to the date of the judgment, and the
said judgment to bear interest at five per cent, per month. On February
14, 1855, an Act was passed funding all the indebtedness of Contra Costa
county, which accrued prior to April 1, 1855 ; and the thirteenth section
of the Act provided that it should not be lawful for the County
Treasurer to pay or liquidate any of the indebtedness of said county of
Contra Costa which accrued prior to February 1, 1855, 'in any other
manner than in such Funding Act provided (Statutes 1855. page 12). Oil
man did not present his claim to be funded. That on January 10, 1857,
Oilman caused execution to be issued on the judgment in his favor, recov
ered on January 30, 1856, for twenty thousand four hundred and twenty-
seven dollars. The execution was levied on all the moneys in the County
Treasury belonging to all Funds. This levy was made January 19, 1857.
On February 25, 1857, the Sheriff, under the direction of Oilman, levied on
the Court House, and on March 5, 1857, again levied on the funds in the
County Treasury. In March, 1857, the county moved the District Court to
quash the execution and the several levies. The District Court denied the
motion. The cause was appealed to the Supreme Court, and the Supreme
Court reversed the order of the District Court, and ordered the executions
234 History of Contra Costa County.
should be quashed and the levy vacated, the Court holding that the
county buildings were exempt from seizure and forced sale on execution ;
and also held that the levy upon the revenues, in the hands of the Treas
urer, was illegal and void ; that the revenues were authorized by law, and
appropriated to distinct purposes, and were not the subject of seizure upon
execution (8 Cal. Rep. page 58).
On July 9, 1857, Oilman caused another execution to be issued on said
judgment, and levied on private property, being an undivided eighth of the
San Pablo Rancho. The property was advertised for sale, and the owner,
Joseph Emeric, obtained an injunction from the District Court of the Sev
enth District, enjoining the sale. The case was appealed to the Supreme
Court ; that Court decided (10 Cal., p. 404) that the private property of an
inhabitant of a county is not liable to seizure and sale on execution for
the satisfaction of a judgment recovered against the county, and that no
execution can issue upon a judgment rendered against the county. Oilman
again caused an execution to be issued on his judgment against the county,
on April 1, 1858, and levied the same on the funds in the County Treasury.
A motion was made to set aside the execution and quash the levy ; the
District Court granted the motion and Oilman appealed to the Supreme
Court. The Supreme Court affirmed the order of the District Court (10
Cal. Rep. p. 508.) This left Oilman without any remedy whatever to col
lect his debt, and the county without any power or authority whatever to
pay. The Supreme Court having decided, in the case of Hunsaker vs. Bor-
den (5 Cal. Rep., p. 288), that the county of Contra Costa had no power to
pay any of the indebtedness which existed against that county prior to
February 1, 1855, in any other manner than as prescribed in the Act to fund
the indebtedness of said county, passed February 14, 1855, and that the
payment in any other manner was unlawful. Oilman's debt having been
contracted prior to February 1, 1855, and he having failed and neglected to
fund his debt, he was without remedy. The rights of the parties continued
thus until March 14, 1860, when an Act was passed entitled " An Act pro
viding for the payment of a judgment in favor of Trusten C. Oilman,
against the county of Contra Costa" (Stat. 1860, p. 94.) In the preamble
of the Act it is recited :
" WHEREAS, The Supreme Court has affirmed a judgment entered in the
Seventh Judicial District Court, in favor of Trusten C. Oilman, against the
county of Contra Costa, which judgment was entered in said District Court
on the twenty-second of March, eighteen hundred and fifty six, for the sum
of twenty thousand four hundred and twenty-seven dollars, and interest and
costs."
The Act provides for levying and collecting a special tax of one per cent,
on the taxable property in the county, to pay said judgment, together with
Legislative History of Contra Costa County. 235
interest thereon at ten per cent, per annum from its date. The fifth section of
the Act provides that the Treasurer of the county of Contra Costa should
pay the money collected by virtue of the Act from time to time, upon
demand, to said Trusten C. Gilman, his executors, administrators, or
assigns, and at the same time take a receipt therefor from his assigns;
and have said judgment credited with said payment or payments by
the proper party or parties entitled to receive the same ; and the
said party or parties entitled to receive from the Treasurer the payment
of said judgment, shall, before any payments are made by the Treasurer
on account of the same, deliver to the Treasurer the warrant here
tofore issued in favor of said Oilman, and known as Warrant Number
Two hundred and sixteen, and the Treasurer shall cancel the same. Section
eight of said Act provides that said T. C. Gilman, or his assigns, should be
allowed until the first Monday in August next hereafter to make known to
the Board of Supervisors of said county his or their acceptance of said
amount in full satisfaction and payment of all demands accruing at any
time in his favor against the county of Contra Costa for building a bridge
across the San Antonio creek ; provided, that if he fail to declare said
acceptance to the Board of Supervisors on or before the first Monday in
August next, then said special tax shall not be collected.
That on August 6, 1860, George F. Sharp, to whom Gilman had assigned
said judgment, and who was the legal assignee of the judgment rendered in
favor of Gilman against the county of Contra Costa on March 22, 1856, for
twenty thousand four hundred and twenty-seven dollars, with interest and
costs, came before the Board of Supervisors of Contra Costa county and in
writing accepted the provisions of the Act of March 14, 1860, in full satis
faction and payment of all demands accruing at any time in favor of said
Gilman against the county of Contra Costa for building a bridge across the
San Antonio Creek, and he also surrendered to the Treasurer of said county,
as provided in said Act, the County Warrant number two hundred and
sixteen, for seven thousand six hundred and sixty-two dollars and fifty
cents, which was canceled, as provided in the fifth section of the Act. On
the same day, August 6, 1860, the Board of Supervisors of Contra Costa
county levied a tax of one per cent, on the taxable property of the county,
as provided in said Act, for the payment of said claim. The payments
made by the Treasurer to Sharp, as the assignee of said judgment and in
satisfaction of said claim, amounted in the aggregate, on June 19, 1862, the
time of the last payment, to thirty-one thousand six hundred and eleven
dollars and twenty-one cents, that being the full sum due for principal and
interest, as in said Act provided. And upon making the several payments
the Treasurer took from said Sharp receipts as follows : " Office of the
County Treasurer of Contra Costa county. Received from Hiram Fogg,
County Treasurer of Contra Costa county, the sum of ten thousand dollars,
236 History of Contra Costa County.
lawful currency of the United States of America, in part payment and satis
faction of the judgment recovered by Trusten C. Oilman against the county
of Contra Costa. The said sum is paid out of the Oilman Judgment Fund,
which was levied and collected in pursuance of an act of the Legislature of
the State of California, entitled an "Act providing for the payment of a
judgment in favor of Trusten C. Oilman against the county of Contra Costa>
approved March 14, 1860," and by order of the Board of Supervisors of
Contra Costa county, made on the sixth of August, eighteen hundred and
sixty, a copy being annexed to this receipt, and the said sum is received in
part satisfaction of said judgment, in accordance with the provisions of the
said Act of the Legislature, and I hereby authorize satisfaction of the
amount receipted for to be entered." There were thirteen different pay
ments made, and thirteen receipts given by Sharp, as assignee of Oilman,
to the Treasurer, of like tenor to the above. The debt was fully paid, as
provided in said Act, on June 19, 1862.
That on March 15, 1860, prior to the passage of the Act of March 14th
mentioned, George F. Sharp, as the assignee of Oilman, commenced an action
in the District Court of Solano county to revive the judgment of March 22,
1856, in favor of Oilman and against the county, for twenty thousand four
hundred and twenty-seven dollars, with five per cent, per month interest.
Judgment was entered in said action in favor of Sharp, assignee of Oilman,
by default, in the Clerk's office, on July 18, 1860, for eighty -five thousand
and forty-two dollars and eighty cents, to be an interest at five per cent,
per month. When this action was commenced a demurrer was filed, but
after the Act of March 14, 1860, the officers of the county, believing that
the Act of March 14th provided for a full settlement of all matters growing
out of the Oilman bridge transaction, and intending also in good faith to
pay the claim, as provided in that Act, and believing that Oilman and his
assignees also intended to act in good faith in accepting the terms of said
Act, the county paid no further attention to the last named suit; and after
wards, on July 18, I860, Sharp applied to the Clerk of Solano county, who
entered in a vacation judgment by default against the county for eighty -five
thousand and forty-two dollars and eighty cents. No action was taken by
Sharp on this last judgment until long after he had been fully paid, as
stated, on and prior to June 19, 1862.
That on July 16, 1865, Sharp commenced another action to revive
the last judgment of eighty -five thousand and forty- two dollars and
eighty cents against the county. The action was commenced in the
Fifteenth District Court in San Francisco City and county. The county
defended the action on the ground that the debt had been fully paid,
satisfied and discharged. The cause was tried, and judgment was ren
dered in the District Court in favor of the county. The Court decided
that the county had fully paid and satisfied the said debt and the said
Legislative History of Contra Costa County. 237
judgment, and ordered and directed that Sharp should cancel and satisfy
said judgment of record. Sharp appealed from said judgment to the
Supreme Court. The judgment of the District Court was affirmed. The
Supreme Court held that the county was not, either legally or equitably,
indebted upon the demand in any sum whatever, but on the contrary, that
the county had, under the Act of March 14, 1860, fully paid and discharged
the said claim. The case is entitled Sharp vs. Contra Costa County, and is
reported in 34 Cal. Reports, p. 284.
Gilman's claim is now (1872) made to the Legislature for the same
identical claim for building the bridge across the San Antonio creek, and in
relation to which the litigation named was had, and the same for which
payment was provided in the Act of March 14, 1860, and is the same which
was fully paid and satisfied under said Act. His county warrant has been
surrendered and canceled; his judgment has been paid, satisfied, and dis
charged, and satisfaction entered of record ; he now makes a claim against
the county of over six hundred and seventy-six thousand and ninety dol
lars upon this claim. It is submitted that the county has not only paid the
claim, but has actually paid more than double what was due to him accord
ing to law. When Oilman received his warrant for seven thousand four
hundred dollars on March 8, 1853, and presented the same to the Treasurer,
the Treasurer made the indorsement thereon required by law. From that
time the debt drew ten per cent, per annum, interest, and no more. Sec
tion ten of the Act concerning County Treasurers, passed March 27, 1850,
(Statutes, 1850, p. 115), provides when any warrant shall be presented to
the County Treasurer for payment, and the same is not paid for the want of
funds, the Treasurer shall indorse thereon " Not paid for want of funds,"
annexing the date of presentation, and sign his name thereto ; and from
that time till redeemed, said order or warrant shall bear ten per cent, per
annum. That section of the statute has been in force ever since it was
passed in 1850. When Gilman accepted his warrant, and presented it to
the Treasurer and procured it to be indorsed by him, and had received it
back into his possession, he knew or was bound to know what the law was ;
that from that time no officer was authorized by law to pay any greater
rate of interest on that debt than ten per cent, per annum. The interest
on the debt up to June 19, 1862 the time when the full amount was paid
under the Act of 1860 being nine years and three and one-third months,
would have been six thousand eight hundred and sixty-five dollars, which,
added to the principal, seven thousand four hundred dollars, amounted to
fourteen thousand two hundred and sixty-five dollars. The county actu
ally paid thirty-one thousand six hundred and eleven dollars and twenty-
one cents, being seventeen thousand three hundred and forty-six dollars
and twenty-one cents more than was due on the warrant, according to the
law concerning indebtedness of counties.
238
History of Contra Costa County.
The facts in this case are fully set out and authenticated in the record
on the appeal of the action of Sharp vs. The County of Contra Costa, in the
Supreme Court in the case reported in 34 Cal. p. 284. The transcript,
briefs and decision of the District Court, with its findings, and the testi
mony in the case, will be found bound in volume seventy of California
Supreme Court Record, pp. 50 to 102.
The petitioner has no claims whatever upon the county, either legal or
equitable ; but he has been paid by the county actually more than twice
as much as was justly due him, and his present claim is a sham without
foundation, and is neither supported by equity nor good conscience, and
should be postponed indefinitely.
This is the full history of that vexatious suit, tersely and fully put
forth as already said by that learned exponent of the law, Judge Thomas
A. Brown.
We will close this chapter by calling the attention of our readers to the
Tables herewith appended. In the second will be found a list of taxes levied
since the foundation of the county, exclusive of the poll-tax, while in the
third we have handed to posterity a full list of all the officers who have
served the county, from State Senator to Constable, with the votes received
at the various elections. Also notes showing the appointments made by the
Court of Sessions and Boards of Supervisors between each general election.
This Table is as complete as it is possible to make, and all records of the
county have been thoroughly searched for the purpose of making it per
fectly correct and reliable, and it is with no little degree of pride that we
present to our patrons the result of our labors, feeling well assured that it
will be fully appreciated by all who have occasion to refer to it.
Table showing the Total Assessed Value of Property in Contra Costa
County, from 1850 to 1881.
YKAR.
AMOUNT.
YEAR.
AMOUNT.
YEAR.
AMOUNT.
YEAR.
AMOUNT.
1850
2,002,UO.OO
1858
$2,536,617.00
1866
82,473,820.90
1874
$7,592,958.00
1851
1,753,648.00
1859
2,425,625.00
1867
2,673,963,00
1875
7,368,312,00
1852
3,236,198.00
1860
2,324,866.36
1868
3,424,022.00
1876
7,227,920.00
1853
1,995,192.00
1861
1,980,297.75
1869
3,466,845.00
1877
7,036,952.00
1854
2,330,084,00
1862
1,744,586.00
1870
3,502,727.00
1878
7,345,096.00
1855
1,710,408.00
1863
1,742,492.00
1871
3,250,311,00
1879
7,711,245.00
1856
1,580,136.00
1864
2,120,881.38
1872
7,623,270,00
1880
8,175,682.00
1857
1,869,405.00
1865
2,638,424.00
1873
7,030,292,00
1881
8.758,164.00
Legislative History of Contra Costa County. 239
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History of Contra Costa County.
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Legislative History of Contra Costa Coimty. 241
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History of Contra Costa Co^mty.
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Legislative History of Contra Costa County.
243
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History of Contra Costa County.
1
1864-1865
Name of Holder.
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Thos. A. Brown
Mark Shepard
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A. Brown
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Legislative History of Contra Costa County.
245
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History of Contra Costa County.
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History of Contra Costa County.
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A. W. Hammitt
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Legislative History of Contra Costa County.
249
:g : : : : ! : : : : | i; : .: ! ': ': ': ': ': ': : : :
NOTES. 1872-1873:
Feb. 4, 1873. John G. Chase to be Constable, Tp. No. 3, vice Swain, deceased.
Aug. 5, 1873. -J. B. Abbott to be Justice of the Peace, Tp. No. 3, vice McNulty.
NOTES. 1873-1874:
1873. Louis Dahnken to be Constable, Tp. No. 5, vice Chase, resigned.
1874. John Slitz to be Justice of the Peace, Tp. No. 2, vice Young, resigned.
1874. Saml. Brown to be Justice of the Peace, Township No. 4.
1S74. Dr. J. H. Carothers to be County Physician, vice Holbrook, resigned.
IB'TK.
Feb. 1, 1875. L. C. Woods to be Justice of the Peace, Tp. 5, vice Berry, absconded.
r- 1 G^ CO ^ W5 i li-HC^C-JCOCO^'^iiilft T ' ^H N <M CO CO "1*
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J. S. Perkins,
Louis Dahnken, '
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NOTES. 1870-1871:
Nov. 25, 1870. Geo. A. Swain to be Constable, Tp. No. 3, vice Marble, resigned.
June 12, 1871. John A. Bronson to be Justice of the Peace, Township No. 1, vice
Wilbur, deceased.
None. 1871-1872:
Feb. 8, 1872. Dr. Chas. E. Holbrook to be County Physician.
Mar. 19, 1872. E. W. Hiller to be Public Administrator, vice R. R. Brock deceased
June 12, 1872. G. R. Oliver to be Justice of the Peace, Township No. 4.
July 15, 1872. Thos. Johnson to be Constable, Tp. No. 2, vice Hardy, resigned.
:| :
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R H. Wight, " 8. ..
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R. Thompson, To. No. 1 . . . .
W. P.Baldwin/ " 1. ...
Geo. Stone, " 2. . . ,
Thos. Johnson, " 2. ...
E. Roberts, " 3. ...
M. M. Marble, " 3. ...
5 '
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250
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History of Contra Costa County.
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Legislative History of Contra Costa County.
251
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A. Williams, '
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kin, resigned.
. McMahon to be County Surveyoi
. McMahon to be County Surveyor,
D. Darby to be County Auditor, v
McPeake to be Constable, Tp. No
V. Beauchamp to be Justice of th
3t, failed to qualify.
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252
History of Contra Costa County.
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T. A. McMahon
Is A. A Bailey
John W. Guy
f Sessions
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Associate Justices
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Legislative History of Contra Costa County.
253
. a ._.-. -
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254 History of Contra Costa County,
MEXICAN GRANTS.
Bancho Monte del Diablo Bancho Laguna de Palos Oolorados Eancho San Pablo Eancho
Arroyo de las Nueoes y Bolbones Eancho Medanos El Sobrante Bancho Los Me-
ganos Eancho Acalanes Canada de los Vaqueros Las Juntas Rancho San Bamon
Canada del Hambre Las Bolsas del Hambre Pinole Boca de Canada del Pinole.
THE subject of the tenure of land in California is one which is so little
understood, that it has been deemed best to quote at length the following
report on the subject of land titles in California, made in pursuance of in
structions from the Secretary of State and the Secretary of the Interior, by
William Carey Jones, published in Washington in the year 1850 a more
exhaustive document it would be difficult to find.
On July 12, 1849, Mr. Jones had been appointed a "confidential agent
of the Government, to proceed to Mexico and California, for the purpose of
procuring information as to the condition of land titles in California." Pur
suant to these instructions he embarked from New York on the 17th July ;
arriving at Chagres on the 29th, he at once proceeded to Panama, but got
no opportunity, until that day month, of proceeding on his journey to this
State. At length, on September 19th, he arrived at Monterey, the then
capital of California. After visiting San Josd and San Francisco, he re
turned to Monterey, and there made arrangements for going by land to Los
Angeles and San Diego, but finding this scheme impracticable on account
of the rainy season, he made the voyage by steamer. On December 7th he
left San Diego for Acapulco in Mexico, where he arrived on the 24th ; on
the llth he left that city, and on the 18th embarked from Vera Cruz for
Mobile.
We now commence his report, believing that so able a document will
prove of interest to the reader :
I.
TO THE MODE OF CREATING TITLES TO LAND, FROM THE FIRST INCEPTION
TO THE PERFECT TITLE, AS PRACTICED BY MEXICO WITHIN THE PROVINCE
OF CALIFORNIA.
All the grants of land made in California (except pueblo or village lots,
and except, perhaps, some grants north of the Bay of San Francisco, as will
be hereafter noticed), subsequent to the independence of Mexico, and after
Mexican Grants. 255
the establishment of that government in California, were made by the dif
ferent political governors. The great majority of them were made subse
quent to January, 1832, and consequently under the Mexican Colonization
Law of August 18, 1824, and the government regulations, adopted in pur
suance of the law dated November 21, 1828. In January, 1832, General
Jose Figueroa became Governor of the then territory of California, under a
commission from the government at Mexico, replacing Victoria, who, after
having the year before displaced Echandrea, was himself driven out by a
revolution. The installation of Figueroa restored quiet, after ten years of
civil commotion, and was at a time when Mexico was making vigorous
efforts to reduce and populate her distant territories, and consequently
granting lands on a liberal scale. In the act of 1824, a league square
(being 4,428 ^ acres) is the smallest measurement of rural property spoken
of ; and of these leagues square, eleven (or nearly fifty thousand acres)
might be conceded in a grant to one individual. By this law the States
composing the federation were authorized to make special provision for
colonization within their respective limits, and the colonization of the ter
ritories, " conformably to the principles of law " charged upon the Central
Government. California was of the latter description, being designated a
Territory in the Acta Constitutive of the Mexican Federation, adopted
January 31, 1824, and by the Constitution adopted 4th October of the
same year.*
The colonization of California and granting lands therein, was, therefore,
subsequent to the law of August 18, 1824, under the direction and control
of the Central Government. That government, as already stated, gave
regulations for the same November 21, 1828.
The directions were very simple. They gave the governors of the ter
ritories the exclusive faculty of making grants within the terms of the law
that is, to the extent of eleven leagues, or sitios, to individuals ; and
colonization grants (more properly contracts] that is, grants of larger
tracts to empresarios, or persons who should undertake, for a consideration
in land, to bring families to the country for the purpose of colonization.
Grants of the first description, that is, to families or single persons, and not
exceeding eleven sitios, were " not to be held definitely valid," until sanc
tioned by the Territorial Deputation. Those of the second class, that is,
empresario or colonization grants (or contracts) required a like sanction by
the Supreme Government. In case the concurrence of the Deputation was
refused to a grant of the first mentioned class, the Governor should appeal,
in favor of the grantee, from the Assembly to the Supreme Government.
* The political condition of California was changed by the Constitution of 2s)th December, and act for the
division of the Republic into Departments of December 30, 1836. The two Californias then became a Department,
the confederation being broken up and the States reduced to Departments. The same colonization system, how
ever, seems to have continued in California.
256 History of Contra Costa County.
The "first inception " of the claim, pursuant to the regulations, and as
practiced in California, was a petition to the Governor, praying for the
grant, specifying usually the quantity of land asked, and designating its
position, with some descriptive object or boundary, and also stating the
age, country and vocation of the petitioner. Sometimes, also, (generally at
the commencement of this system) a rude map or plan of the required
grant, showing its shape and position, with reference to other tracts, or to
natural objects, was presented with the petition. This practice, however,
was gradually disused, and few of the grants made in late years have any
other than a verbal description.
The next step was usually a reference of the petition, made on the
margin by the Governor, to the prefect of the district, or other near local
officer where the land petitioned for was situated, to know if it was vacant,
and could be granted without injury to third persons or the public, and
sometimes to know if the petitioner's account of himself was true. The
reply (informe) of the prefect, or other officer, was written upon or attached
to the petition, and the whole returned to the Governor. The reply being
satisfactory, the Governor then issued the grant in form. On its receipt,
or before, (often before the petition, even,) the party went into possession.
It was not unfrequent, of late years, to omit the formality of sending the
petition to the local authorities, and it was never requisite, if the Governor
already possessed the necessary information concerning the land and the
parties. In that case the grant followed immediately on the petition.
Again, it sometimes happened that the reply of the local authority was not
explicit, or that third persons intervened, and the grant was thus for some
time delayed. With these qualifications, and covering the great maiority
of cases, the practice may be said to have been : 1. The petition; 2. The
reference to the prefect or alcalde ; 3. His report, or informe ; 4. the grant
from the Governor.
" When filed, and how, and by whom recorded."
The originals of the petition and informe, and any other preliminary
papers in the case, were filed, by the secretary, in the government archives,
and with them a copy (the original being delivered to the grantee) of the
grant ; the whole attached together so as to form one document, entitled,
collectively, an expediente. During the governorship of Figueroa, and
some of his successors, that is, from May 22, 1833, to May 9, 1836, the
grants were likewise recorded in a book kept for that purpose (as prescribed
in the " regulations " above referred to) in the archives. Subsequent to
that time there was no record, but a brief memorandum of the grant ; the
expediente, however, being still filed. Grants were also sometimes regis
tered in the office of the prefect of the district where the lands lay; but
the practice was not constant, nor the record generally in permanent form.
Mexican Grants. 257
The next, and final step in the title was the approval of the grant by
the Territorial Deputation (that is, the local legislature, afterward, when
the territory was created into a Department, called the " Departmental
Assembly.") For this purpose, it was the Governor's office to communicate
the fact of the grant, and all information concerning it, to the Assembly.
It was here referred to a committee (sometimes called a committee on
vacant lands, sometimes on agriculture), who reported at a subsequent sit
ting. The approval was seldom refused ; but there are many instances
where the Governor omitted to communicate the grant to the Assembly,
and it consequently remained unacted on. The approval of the Assembly
obtained, it was usual for the secretary to deliver to the grantee, on appli
cation, a certificate of the fact ; but no other record or registration of it was
kept than the written proceedings of the Assembly. There are no doubt
instances, therefore, where the approval was in fact obtained, but a certifi
cate not applied for, and as the Journals of the Assembly, now remaining
in the archives, are very imperfect, it can hardly be doubted that many
grants have received the approval of the Assembly, and no record of the
fact now exists. Many grants were passed upon and approved by the
Assembly in the Winter and Spring of 1846, as I discovered by loose
memoranda, apparently made by the clerk of the Assembly for future en
try, and referring to the grants by their numbers sometimes a dozen or
more on a single small piece of paper, but of which I could find no other
record.
"So, also with the subsequent steps, embracing the proceedings as to
survey, up to the perfecting of the title."
There were not, as far as I could learn, any regular surveys made of
grants in California up to the time of the cessation of the former govern
ment. There was no public or authorized surveyor in the country. The
grants usually contained a direction that the grantee should receive judicial
possession of the land from the proper magistrate (usually the nearest
alcalde), in virtue of the grant, and that the boundaries of the tract should
then be designated by that functionary with " suitable land marks." But
this injunction was usually complied with, only by procuring the attendance
of the magistrate, to give judicial possession according to the verbal de
scription contained in the grant. Some of the old grants have been subse
quently surveyed, as I was informed, by a surveyor under appointment of
Col. Mason, acting as Governor of California. I did not see any official
record of such surveys, or understand that there was any. The "perfecting
of ilie title " I suppose to have been accomplished when the grant received
the concurrence of the Assembly ; all provisions of the law, and of the col
onization regulations of the Supreme Government, pre-requisites to the
title being " definitely valid," having been fulfilled. These, I think, must
be counted complete titles.
258 History of Contra Costa County.
" And if there be any more books, files or archives of any kind whatso
ever, showing the nature, character and extent of these grants."
The following list comprises the books of record and memoranda of
grants, which I found existing in the government archives at Monterey :
1. " 1828. Cuaderno del registro de los sitios, fierras y senales que posean
los habitantes del territorio de la Nueva California." [Book of registration
of the farms, brands, and marks (for marking cattle), possessed by the in
habitants of the territory of New California.]
This book contains information of the situation, boundaries and appur
tenances of several of the missions, as hereafter noticed ; of two pueblos,
San Jose' and Branciforte, and the records of about twenty grants, made by
various Spanish, Mexican and local authorities, at different times, between
1784 and 1825, and two dated 1829. This book appears to have been
arranged upon information obtained in an endeavor of the government to
procure a registration of all the occupied lands of the territory.
2. Book marked " Titulos."
This book contains records of grants, numbered from one to one hundred
and eight, of various dates, from May 22, 1833, to May 9, 1836, by the suc
cessive Governors, Figueroa, Jose Castro, Nicholas Gutierrez and Mariano
Chico. A part of these grants (probably all) are included in a file of expe-
dientes of grants hereafter described, marked from number one to number
five hundred and seventy-nine ; but the numbers in the book do not cor
respond with the numbers of the same grants in the expedientes.
3. " Libro donde se asciertan los despachos de terrenos adjudicados en
los anos de 1839 y 1840." (Book denoting the concessions of land adjudi
cated in the years 1839 and 1840.)
This book contains a brief entry, by the secretary of the department of
grants, including their numbers, dates, names of the grantees and of the
grants, quantity granted, and situation of the land, usually entered in the
book in the order they were conceded. This book contains the grants made
from January 18, 1839, to December 8, 1843, inclusive.
4. A book similar to the above, and containing like entries of grants
issued between January 8, 1844, and December 23, 1845.
5. File of expedientes of grants that is, all the proceedings (except of
the Assembly) relating to the respective grants, secured, those of each grant
in a separate parcel, and marked and labeled with its number and name.
The file is marked from No. 1 to No. 579 inclusive, and embraces the space
of time between May 13, 1833, to July, 184G. The numbers, however, bear
little relation to the dates. Some numbers are missing, of some there are
duplicates that is, two distinct grants with the same number. The expe
dientes are not all complete ; in some cases the final grant appears to have
Mexican Grants. 259
been refused ; in others it is wanting. The collection, however, is evidently
intended to represent estates which have been granted, and it is probable
that in many, or most instances, the ommission apparent in the archives is
supplied by original documents in the hands of the parties, or by long per
mitted occupation. These embrace all the record books and files belonging
to the territorial, or departmental archives, which I was able to discover.
I am assured, however, by Mr. J. C. Fremont, that according to the best
of his recollection, a book for the year 1846, corresponding to those noticed
above, extending from 1839 to the end of 1845, existed in the archives
while he was Governor of California, and was with them when he delivered
them in May, 1847, to the officer appointed by General Kearny to receive
them from him at Monterey.
II.
CHIEFLY THE LARGE GRANTS, AS THE MISSIONS, AND WHETHER THE TITLE
TO THEM BE IN ASSIGNEES, OR WHETHER THEY HAVE REVERTED, AND
VESTED IN THE SOVEREIGN ?
I took much pains both in California and Mexico, to assure myself of
the situation, in a legal and proprietary point of view, of the former great
establishments known as the MISSIONS of California. It had been sup
posed that the lands they occupied were grants, held as the property of the
church, or of the mission establishments as corporations. Such, however,
was not the case. All the missions in Upper California were established
under the direction and mainly at the expense of the Government, and the
missionaries there had never any other rights than the occupation and use
of the lands for the purpose of the missions, and at the pleasure of the Gov
ernment. This is shown by the history and principles of their foundation,
by the laws in relation to them, by the constant practice of the Government
toward them, and, in fact, by the rules of the Franciscan order, which for
bids its members to possess property.
The establishment of missions in remote provinces was a part of the
colonial system of Spain. The Jesuits, by a license from the Viceroy of
New Spain, commenced in this manner the reduction of Lower California
in the year 1697. They continued in the spiritual charge, and in a con
siderable degree of the temporal government of that province until 1767,
when the royal decree abolishing the Jesuit order throughout New Spain
was there enforced, and the missions taken out of their hands. They had
then founded fifteen missions, extending from Cape St. Lucas nearly to the
head of the sea of Cortez, or Californian gulf. Three of the establishments
had been suppressed by order of the Viceroy ; the remainder were now put
in charge of the Franciscan monks of the college of San Fernando, in Mex
ico, hence sometimes called " Fernandinos." The prefect of that college
the Rev. Father Junipero Serra, proceeded in person to his new charo-e, and
arrived with a number of monks at Loreto, the capital of the peninsula, the
260
History of Contra Costa County,
following year (1768). He was there, soon after, joined by Don Jose" Galvez,
Inspector-General (visitador), of New Spain, who brought an order from
the King, directing the founding ot one or more settlements in Upper Cali
fornia. It was therefore agreed that Father Junipero should extend the
mission establishments into Upper California, under the protection of pre
sidios (armed posts) which the government would establish at San Diego
and Monterey. Two expeditions, both accompanied by missionaries, were
consequently fitted out, one to proceed by sea, the other by land, to the
new territory. In June, 1769, they had arrived, and in that month founded
the first mission about two leagues from the port of San Diego. A presidio
was established at the same time near the port. The same year a presidio
was established at Monterey, and a mission establishment begun. Subse
quently the Dominican friars obtained leave from the King to take charge
of a part of the missions of California, which led to an arrangement between
the two societies, whereby the missions of Lower California were committed
to the Dominicans, and the entire field of the upper province remained to
the Franciscans. This arrangement was sanctioned by the political author
ity, and continues to the present time. The new establishments flourished
and rapidly augmented their numbers, occupying first the space between
San Diego and Monterey, and subsequently extending to the northward.
A report from the Viceroy to the King, dated Mexico, December 27, 1793,
gives the following account of the number, time of establishment, and locality
of the missions existing in New California at that period :
NO.
MISSIONS.
SITUATION.
WHEN FOUNDED.
1
San Diego de Alcala
Lat. 32 42'
July 16, 1769.
2
San Carlos de Monterey
" 36 33
June 3, 1770.
3
San Antonio de Padua
" 36 34
July 14, 1771.
4
San Gabriel de los Temblores
" 34 10
September 8, 1771.
5
San Luis Obispo
" 31 38
September 1, 1772.
6
San Francisco (Dolores)
" 37 56
October 9, 1776.
7
San Juan Capistrano
" 33 30
November 1, 1776.
8
Santa Clara
' 37 00
January 18, 1777.
9
San Buenaventura
" 34 36
March 31, 1782.
10
Santa Barbara
" 34 28
October 4, 1786.
11
Purisima Conception
" 35 32
January 8, 1787.
12
Santa Cruz
" 36 58
August 28, 1791.
13
La Soledad
" 36 38
October 9, 1791.
At first the missions nominally occupied the whole territory, except the
four small military posts of San Diego, Santa Barbara, Monterey and San
Francisco ; that is, the limits of one mission were said to cover the inter
vening space to the limits of the next ; and there were no other occupants
except the wild Indians, whose reduction and conversion were the objects
Mexican Grants. 261
of the establishments. The Indians, as fast as they were reduced, were
trained to labor in the missions, and lived either within its walls or in small
villages near by, under the spiritual and'* temporal direction of the priests,
but the whole under the political control of the Governor of the province,
who decided contested questions of right or policy, whether between different
missions, between missions and individuals, or concerning the Indians.
Soon, however, grants of land began to be made to individuals, especially
to retired soldiers, who received special favor in the distant colonies of
Spain, and became the settlers and the founders of the country they had
reduced and protected. Some settlers were also brought from the neigh
boring provinces of Sonora and Sinaloa, and the towns of San Jose', at the
head of the Bay of San Francisco, and of Los Angeles, eight leagues from
the port of San Pedro, were early founded. The Governor exercised the
privilege of making concessions of large tracts, and the captains of the pre
sidios were authorized to grant building lots and small tracts for gardens
and farms within the distance of two leagues from the presidios. By
these means the mission tracts began respectively to have something like
known boundaries, though the lands they thus occupied were still not
viewed in any light as the property of the missionaries, but as the domain
of the crown, appropriated to the use of the missions while the state of the
country should require it, and at the pleasure of the political authority.
It was the custom throughout New Spain (and other parts of the Spanish
colonies also) to secularize or to subvert the mission establishments, at the
discretion of the ruling political functionary ; and this not as an act of arbi
trary power, but in the exercise of an acknowledged ownership and authority.
The great establishments of Sonora, I have been told, were divided between
white settlements and settlements of the Indian pupils, or neophytes of the
establishments. In Texas the missions were broken up, the Indians were
dispersed, and the lands have been granted to white settlers. In New
Mexico, I am led to suppose, the Indian pupils of the missions, or their
descendants, still in great part occupy the old establishments ; and other
parts are occupied by white settlers in virtue of grants and sales.* The
undisputed exercise of this authority over all the mission establishments,
and whatever property was pertinent to them, is certain.
The liability of the missions of Upper California, however, to be thus
dealt with at the pleasure of the Government, does not rest only on the
argument to be drawn from this constant and uniform practice. It was
* Since writing the above, I have learned from the Hon. Mr. Smith, Delegate from the Territory of New Mexico,
that the portion of each of the former mission establishments which has been allotted to the Indians is one league
square. They hold the land, as a general rule, in community, and on condition of supporting a priest and main
taining divine worship. This portion and these conditions are conformable to the principles of the Spanish laws
concerning the allotments of Indian villages. Some interesting particulars of the foundation, progress and plan of
the missions of New Mexico are contained in the report, or information, before quoted, of 1793, from the Viceroy to
the King of Spain, and in extracts from it given in the papers accompanying this report.
262 History of Contra Costa County.
inherent in their foundation a condition of their establishment. A belief
has prevailed, and it is so stated in all the works I have examined which
treat historically of the missions of that country, that the first act which
looked to their secularization, and especially the first act by which any
authority was conferred on the local government for that purpose, or over
their temporalities, was an Act of the Mexican Congress of August 17, 1833.
Such, however, was not the case. Their secularization their subversion
was looked for in their foundation ; and I do not perceive that the local
authority (certainly not the supreme authority) has ever been without that
lawful jurisdiction over them, unless subsequent to the colonization regula
tions of November 21, 1828, which temporarily exempted mission lands
from colonization. I quote from a letter of " Instructions to the command
ant of the new establishments of San Diego and Monterey," given by Vice
roy Bucareli, August 17, 1773 :
"ART. 15. When it shall happen that a mission is to be formed into a
pueblo (or village) the commandant will proceed to reduce it to the civil
and economical government, which, according to the laws, is observed by
other villages of this kingdom ; then giving it a name, and declaring for its
patron the saint under whose memory and protection the mission was
founded." (Cuando llegue el caso de que haya de formarse en el pueblo una
mision, procedera el comandante a reducirlo al gobierno civil y economico
que observan, segun las leyes, los demas de este reino ; ponie'ndole nombre
entonces, y declarandole por su titular el santo bajo cuya memoria y vene
rable proteccion se fundo la mision.)
The right then, to remodel these establishments at pleasure, and convert
them into towns and villages, subject to the known policy and laws which
governed settlements of that description,* we see was a principal of their
foundation. Articles 7 and 10 of the same letter of instructions, show us
also that it was a part of the plan of the missions that their condition
should thus be changed ; that they were regarded only as the nucleus and
basis of communities to be thereafter emancipated, acquire proprietary
rights, and administer their own affairs ; and that it was the duty of the
governor to choose their sites, and direct the construction and arrangement
of their edifices, with a view to their convenient expansion into towns and
cities. And not only was this general revolution of the establishments thus
early contemplated and provided for, but meantime the governor had author
ity to reduce their possessions by grants within and without, and to change
their condition by detail. The same series of instructions authorized the
* A revolution more than equal to the modern secularization, since the latter only necessarily implies the turn
ing over of the temporal concerns of the missions to secular administration. Their conversion into pueblos would
take from the missions all semblance in organization to their originals, and include the reduction of the missionary
priests from the heads of great establishments and administrators of large temporalities, to parish curates ; a change
quite inconsistent with the existence in the priests or the church of any proprietary interest or right over the
establishment.
Mexican Grants. 263
governor to grant lands, either in community or individually, to the Indians
of the missions, in and about their settlements on the mission lands, and
also to make grants to settlements of white persons. The governor was
likewise authorized at an early day to make grants to soldiers who should
marry Indian women trained in the missions ; and the first grant (and only
one I found of record) under this authorization, was of a tract near the mis
sion edifice of Carmel, near Monterey. The authorization given to the cap
tains of presidios to grant lands within two leagues of their posts, expressly
restrains them within that distance, so as to leave the territory beyond
though all beyond was nominally attached to one or other of the missions
at the disposition of the superior guardians of the royal property. In
brief, every fact, every act of government and principle of law applicable
to the case, which I have met in this investigation, go to show that the mis
sions of Upper California were never, from the first, reckoned other than
government establishments, or the founding of them to work any change
in the ownership of the soil, which continued in and at the disposal of the
crown, or its representatives. This position was also confirmed, if had it
needed any confirmation, by the opinions of high legal and official authori
ties in Mexico. The missions speaking collectively of priests and pupils
had the usufruct ; the priests the administration of it ; the whole resurn-
able, or otherwise disposable, at the will of the crown or its representatives.
The object of the missions was to aid in the settlement and pacification
of the country, and to convert the natives to Christianity. This accom
plished, settlements of white people established, and the Indians domicili-
ated in villages, so as to subject them to the ordinary magistrates, and the
spiritual care of the ordinary clergy, the missionary labor was considered
fulfilled, and the establishment subject to be dissolved or removed. This
view of their purposes and destiny fully appears in the tenor of the decree
of the Spanish Cortes of September 13, 1813.*
The provisions of that Act, and the reason given for it, develop in fact
the whole theory of the mission establishments. It was passed " in conse
quence of a complaint by the Bishop elect of Guiana of the evils that
afflicted that province, on account of the Indian settlements in charge of
missions not being delivered to the ecclesiastical ordinary, though thirty,
forty and fifty years had passed since the reduction and conversion of the
Indians." The Cortes therefore decreed :
1. That all the new reducciones y doetrinas (that is, settlements of
Indians newly converted, and not yet formed into parishes), of the provinces
beyond the sea, which were in charge of missionary monks, and had been
ten years subjected, should be delivered immediately to the respective eccle
siastical ordinaries (bishops), " without resort to any excuse or pretext,
conformably to the laws and cedulas in that respect."
k " Collection of Decrees of the Spanish Cortes, reputed in force in Mexico." Mexico, 1829. Page 106.
264 History of Contra Costa County.
2. That as well these missions (doctrinas) as all others which should
be erected into curacies, should be canonically provided by the said ordi
naries (observing the laws and cedulas of the royal right of patronage) with
fit ministers of the secular clergy.
3. That the missionary monks, relieved from the converted settlements,
which should be delivered to the ordinary, should apply themselves to the
extension of religion in benefit of the inhabitants of other wilderness parts,
proceeding in the exercise of their missions conformably to the directions of
paragragh 10, Article 335, of the Constitution.*
4. That the misionary monks should discontinue immediately the gov
ernment and administration of the property of the Indians, who should
choose by means of their ayuntamientos, with intervention of the superior
political authority, persons among themselves competent to administer it ;
the lands being distributed and reduced to private ownership, in accordance
with the decree of January 4, 1813, on reducing vacant and other lands to
private p'roperty.f"
It has also been supposed that the Act above alluded to of the Mexican
Congress (Act of August 17, 1833) was the first assertion by the Mexican
Government of property in the missions, or that they by that Act first
became (or came to be considered) national domain. But this is likewise an
error. The Mexican Government has always asserted the right of property
over all the missions of the country, and I do not think that the supposition
has ever been raised in Mexico, that they were the property of the mis
sionaries or the Church.
The General Congress of Mexico, in decree of August 14, 1824, concern
ing the public revenue, declares the estates of the inquisition, as well as all
temporalities, to be the property of the nation (that is, no doubt, in contra
distinction from property of the States making no question of their being
public property). This term would include not only the mission establish
ments, but all rents, profits and income the monks received from them. A
like Act of July 7, 1831, again embraces the estates of the inquisition and
"The following is the clause referred to, namely, paragraph 10, Article 335, Constitution of the Spanish Mon
archy, 1812 :
"The provincial councils of the provinces beyond sea shall attend to the order, economy, and progress of the
missions for the conversion of infidel Indians, and to the prevention of abuses in that branch of administration. The
commisioners of such missions shall render their accounts to them, which accounts they shall in their turn forward
to the Government."
This clause of itself settles the character of these establishments as a branch of the public administration.
t "Collection of Decrees of the Spanish Cortes," etc., p. 56. This decree provides :
1. That " all the vacant or royal lands and town reservations (propios y arbitrioK, lands reserved in and about
towns and cities for the municipal revenue), both in the peninsula and islands adjacent, and in the provinces beyond
sea, except such commons as may be necessary for the villages, shall be converted into private property ; provided,
that in regard to town reservations, some annual rents shall be reserved."
2. That "in whatever mode these lands were distributed, it should be in full and exclusive ownership, so that
their owners may enclose them (without prejudice of paths, crossings, watering-places and servitudes), to enjoy
them freely and exclusively, and destine them to such use or cultivation as they may be best adapted to ; but
without the owners ever being able to entail them or to transfer them, at any time or by any title, in mortmain."
3. " In the transfer of these lauds shall be preferred the inhabitants of the villages (or settlements) in the
neighborhood where they exist and who enjoyed the same in common whilst they were vacant."
Mexican Grants. 265
temporalities as national property, and places them with " other rural and
suburban estates " under charge of a director-general. The executive regula
tions for colonizing the territories may raise an idea of territorial and native
property in them, but it puts out of the question any proprietary rights in
the missionaries.
The seventeenth article of these regulations (executive regulations for
colonization of the territories, adopted November 21, 1828) relates to the
missions, and directs that " In those territories where there are missions,
the lands which they occupy shall not at present be colonized, nor until it be
determined if they ought to be considered as property of the settlements of
the neophyte catechumens and Mexican settlers."
The subsequent acts and measures of the general Government of Mexico,
in direct reference to missions, and affecting those of California, are briefly
as follows :
A decree of the Mexican Congress of November 20, 1833, in part ana
logous to the decree before quoted of the Spanish Cortes of September,
1813, directing their general secularization, and containing these provisions :
1. The Government shall proceed to secularize the missions of Upper
and Lower California.
2. In each of said missions shall be established a parish, served by a
curate of the secular clergy, with a dotation of two thousand to two thousand
five hundred dollars, at the discretion of the Government.
4. The mission churches, with the sacred vessels and ornaments, shall
be devoted to the use of the parish.
5. For each parish the Government shall direct the construction of a
cemetery outside of the village.
7. Of the buildings belonging to each mission, the most fitting shall be
selected for the dwelling of the curate, with a lot of ground not exceeding
two hundred varas square, and the others appropriated for a municipal house
and schools.
On December 2, 1833, a decree was published to the following effect:
" The Government is authorized to take all measures that may assure
the colonization and make effective the secularization of the missions of
Upper and Lower California, being empowered to this effect to use, in the
manner most expedient, the de fincas de obras pias (property of the piety
fund) of those territories, to aid the transportation of the commission and
families who are now in this capital destined thither."
The commission and emigrants, spoken of in this circular, were a colony
under the charge of Don Jose Maria Hijar, who was sent out the following
Spring (of 1834) as director of colonization, with instructions to the follow
ing effect : That he should " make beginning by occupying all the property
pertinent to the missions of both Californias," that in the settlements he
18
266 History of Contra Costa County.
formed, special care should be taken to include the indigenous (Indian)
population, mixing them with the other inhabitants, and not permitting any
settlement of Indians alone ; that topographical plans should be made of
the squares which were to compose the villages, and in each square building
lots to be distributed to the colonist families ; that outside of the villages
there .should be distributed to each family of colonists, in full dominion and
ownership, four caballerias* of irrigable land, or eight, if dependent on the
seasons, or sixteen, if adapted to stock raising, and also live stock and agri
cultural implements ; that this distribution made, (out of the movable
property of the mission) one-half the remainder of said property should be
sold, and the other half reserved on account of government, and applied to
the expenses of worship, maintenance of the missionaries, support of schools,
and the purchase of agricultural implements for gratuitous distribution to
the colonists.
On April 16, 1834, the Mexican Congress passed an Act to the folio wing
effect :
1. That all the missions in the Republic shall be secularized.
2. That the missions shall be converted into curacies, whose limits shall
be demarked by the governors of the States where said missions exist.
3. This decree shall take effect within four months from the day of its
publication.
November 7, 1835, an Act of the Mexican Congress directed that " the
curates mentioned in the second article of the law of August 17, 1833,
(above quoted), should take possession, the government should suspend the
execution of the other articles, and maintain things in the condition they
were before said law."
I have, so far, referred to> these various legislative and governmental acts
in relation to the missions, only to show, beyond equivocation or doubt, the
relation in which the government stood toward them, and the rights of
ownership which it exercised over them. My attention was next directed
to the changes that had taken place in the condition of those establishments,
under the various provisions for their secularization and conversion into
private property.
Under the act of the Spanish Cortes of September, 1813, all the missions
in New Spain were liable to be secularized ; that is, their temporalities de
livered to lay administration ; their character as missions taken away by
their conversion into parishes under charge of the secular clergy ; and the
lands pertinent to them to be disposed of as other public domain. The
question of putting this law in operation with regard to the missions in
California was at various times agitated in that province, and in 1830 the
then Governor, Echandrea, published a project for the purpose, but which
* A caballeria of land is a rectangular parallelogram of 552 varas by 1,104 varas.
Mexican Grants. 267
was defeated by the arrival of a new Governor, Victoria, almost at the in
stant the plan was made public. Victoria revoked the decree of his prede
cessor, and restored the missionaries to the charge of the establishments,
and in their authority over the Indians.
Subsequent to that time, and previous to the act of secularization of
August, 1833, nothing further to that end appears to have been done in
California. Under that act, the first step taken by the Central Govern
ment was the expedition of Hijar, above noticed. But the instructions
delivered to him were not fulfilled. Hijar had been appointed Governor of
California, as well as Director of Colonization, with directions to relieve
Governor Figueroa. After Hijar's departure from Mexico, however, a revo
lution in the Supreme Government induced Hijar's appointment as political
Governor to be revoked ; and an express was sent to California to announce
this change, and with directions to Figueroa to continue in charge of the
governorship. The courier arrived in advance of Hijar, who found himself
on landing (in September, 1834,) deprived of the principal authority he
had expected to exercise. Before consenting to cooperate with Hijar in
the latter's instructions concerning the missions, Figueroa consulted the
Territorial Deputation. That body protested against the delivery of the
vast property included in the mission estates and to a settlement in which
the Indian pupils had undoubtedly an equitable claim into Hijar's posses
sion, and contested that his authority in the matter of the missions depended
on his commission as Governor, which had been revoked, and not on his
appointment (unknown to. the law) as Director of Colonization. As a con
clusion to the contestation which followed, the Governor and Assembly sus
pended Hijar from the last-mentioned appointment, and returned him to
Mexico.*
Figueroa, however, had already adopted (in August, 1834,) a project of
secularization, which he denominates a " Provisional Regulation." It pro
vided that the missions should be converted partially into pueblos, or
villages, with a distribution of lands and movable property as follows :
To each individual head of a family, over twenty-five years of age, a lot of
ground, not exceeding four hundred nor less than one hundred varas square,
in the common lands of the mission, with a sufficient quantity in common
for pasturage of the cattle of the village, and also commons and lands for
municipal uses ; likewise, among the same individuals, one-half of the live
stock, grain, and agricultural implements of the mission ; that the remainder
of the lands, unmovable property, stock, and other effects, should be in
charge of mayor domos, or other persons appointed by the Governor, subject
to confirmation by the general government ; that from this common mass
should be provided the maintenance of the priest, and expenses of religious
* Ma7iifesto a la Republica Mejicana, que hace el General Jos6 Fijjueroa, comandante general y gefe politico
de la Alia California. Monterey, 1835.
268 History of Contra Costa County.
service, and the temporal expenses of the mission ; that the minister should
choose a place in the mission for his dwelling ; that the emancipated In
dians should unite in common labors for the cultivation of the vineyards,
gardens and field lands, which should remain undivided until the determina
tion of the Supreme Government ; that the donees, under the regulation,
should not sell, burthen, or transfer their grants, either of land or cattle,
under any pretext ; and any contracts to this effect should be null, the
property reverting to the nation, the purchaser losing his money ; that
lands, the donee of which might die without leaving heirs, should revert to
the nation ; that rancherias (hamlets of Indians) situated at a distance
from the missions, and which exceeded twenty -five families, might form
separate pueblos, under the same rules as the principal one. This regula
tion was to begin with ten of the missions (without specifying them) and
successively to be applied to the remaining ones.
The Deputation, in session of the 3d of November of the same year
(1834), made provision for dividing the missions and other settlements into
parishes or curacies, according to the law of August, 1833, authorized the
missionary priests to exercise the functions of curates, until curates of the
secular clergy should arrive, and provided for their salaries and expenses of
worship. No change was made in this act, in the regulations established
by Governor Figueroa, for the distribution and management of the property.
Accordingly, for most or all of the missions, administrators were ap
pointed by the Governor ; and in some, but not all, partial distributions of
the lands and movable property were made, according to the tenor of the
regulation. From this time, however, all tracts of lands pertinent to the
missions, but not directly attached to the mission buildings, were granted
as any other lands of the territory, to the Mexican inhabitants, and to
colonists, for stock farms and tillage.
The act of the Mexican Congress of 1835, directing the execution of the
decree of 1833 to be suspended until the arrival of curates, did not, as far
as I could ascertain, induce any change in the policy already adopted by
the territorial authorities.
On January 17, 1839, Governor Alvarado issued regulations for the gov
ernment of the administrators of the missions. These regulations pro
hibited the administrators from contracting debts on account of the mis
sions ; from slaughtering cattle of the missions, except for consumption, and
from trading the mission horses or mules for clothing for the Indians ; and
likewise provided for the appointment of an inspector of the missions, to
supervise the accounts of the administrators, and their fulfillment of their
trusts. Article 11 prohibited the settlement of white persons in the estab
lishments, " whilst the Indians should remain in community." The estab
lishments of San Carlos, San Juan Bautista and Sonoma were excepted
from these regulations, and to be governed by special rules.
Mexican Grants. 269
On March 1, 1840, the same Governor Alvarado suppressed the office of
administrators, and replaced them by mayor domos, with new and more
stringent rules for the management of the establishments ; but not making
any change in the rules of Governor Figueroa regarding the lands or other
property.
By a proclamation of March 29, 1843, Governor Micheltorena, " in pur
suance (as he states) of an arrangement between the Governor and the
prelate of the missions," directed the following named missions to be re
stored to the priests " as tutors to the Indians, and in the same manner as
they formerly held them," namely, the missions of San Diego, San Luis
Rey, San Juan Capistrano, San Gabriel, San Fernando, San Buenaventura,
Santa Barbara, Santa Ynes, La Purisima, San Antonio, Santa Clara and
San Jose'. The same act set forth that " as policy made irrevocable what
was already done," t"he missions should not reclaim any lands thitherto
granted, but should collect the cattle and movable property which had been
lent out either by the priests or administrators, and settle in a friendly way
with the creditors ; and likewise regather the dispersed Indians, except such
as had been legally emancipated, or were at private service. That the priests
might provide out of the products of the missions for the necessary ex
penses of converting, subsisting and clothing the Indians, for a moderate
allowance to themselves, economical salaries to the mayor domos, and the
maintenance of divine worship, under the condition that the priests should
bind themselves in honor and conscience to deliver to the public treasury
one-eighth part of all the annual products of the establishments. That
the Departmental government would exert all its power for the protection
of the missions, and the same in respect to individuals and to private prop
erty, securing to the owners the possession and preservation of the lands
ley now hold, but promising not to make any new grants without consul
tation with the priests, unless where the lands were notoriously unoccupied,
or lacked cultivation, or in case of necessity.
Micheltorena's governorship was shortly after concluded. There had
been sent into the Department with him a considerable body of persons
called presidarios, that is, criminals condemned to service usually, as in this
case, military service on the frontier and their presence and conduct gave
such offense to the inhabitants that they revolted, and expelled him and the
presidarios from the country. He was succeeded by Don Pio Pico, in
virtue of his being the " first vocal " of the Departmental Assembly,* and
also by choice of the inhabitants, afterward confirmed by the Central Gov
ernment, which at the same time gave additional privileges to the Depart
ment in respect to the management of its domestic affairs. ,
* According to act of the Mexican Congress of May 6, 1822, to provide for supplying the place of provincial
governors, in default of an incumbent.
270 History of Contra Costa County.
The next public act which I find in relation to the missions is an act
of the Departmental Assembly, published in a proclamation of Governor
Pico, June 5, 1845. This act provides: 1. " That the Governor should
call together the neophytes of the following-named missions : San Rafael,
Dolores, Soledad, San Miguel and La Purisima ; and in case those missions
were abandoned by their neophytes, that he should give them one month's
notice, by proclamation, to return and cultivate said missions, which if they
did not do, the missions should be declared abandoned, and the Assembly
and Governor dispose of them for the good of the Department. 2. That the
missions of Carmel, San Juan Bautista, San Juan Capistrano and San Fran
cisco Solano, should be considered as pueblos, or villages, which was their
present condition ; and that the property which remained to them, the
Governor, after separating sufficient for the curate's house, for churches
and their pertinencies, and for a municipal house, 'should sell at public
auction, the product to be applied first to paying the debts of the establish
ments, and the remainder, if any, to the benefit of divine worship. 3. That
the remainder of the missions to San Diego, inclusive, should be rented, at
the discretion of the Governor, with the proviso, that the neophytes should
be at liberty to employ themselves at their option on their own grounds,
which the Governor should designate for them, in the service of the rentee,
or of any other person. 4. That the principal edifice of the mission of
Santa Barbara should be excepted from the proposed renting, and in it the
Governor should designate the parts most suitable for the residence of the
bishop and his attendants, and of the missionary priests then living there ;
moreover, that the rents arising from the remainder of the property of said
mission should be disbursed, one-half for the benefit of the church and its
ministry, the other for that of its Indians. 5. That the rents arising from
the other missions should be divided, one-third to the maintenance of the
minister, one-third to the Indians, one-third to the government."
On the 28th October, of the same year (1845), Governor Pico gave
public notice for the sale to the highest bidder of five missions, to wit : San
Rafael, Dolores, Soledad, San Miguel and La Purisima ; likewise for the
sale of the remaining buildings in the pueblos (formerly missions) of San
Luis Obispo, Carmel, San Juan Bautista, and San Juan Capistrano, after
separating the churches and their appurtenances, and a curate's municipal
and school houses. The auctions were appointed to take place, those of
San Luis Obispo, Purisima and San Juan Capistrano, the first four days
of December following (1845) ; those of San Rafael, Dolores, San Juan
Bautista, Carmel, Soledad and San Miguel, the 23d and 24th of January,
1846 ; meanwhile, the government would receive and take into considera
tion proposals in relation to said missions.
In the same proclamation Pico proposed to rent to the best bidder, for a
period of nine years, and under conditions for the return of the property
Mexican Grants. 271
in good order and without waste, the missions of San Fernando, San Buena
ventura, Santa Barbara and Santa Ynes ; the rentings to include all the
lands, stock, agricultural tools, vineyards, gardens, offices and whatever in
virtue of the inventories should be appurtenant to said missions, with " the
exception only of those small pieces of ground which have always been oc
cupied by some Indians of the missions ;" likewise to include the buildings,
saving the churches and their appurtenances, and the curate's, municipal and
school-houses, and except in the mission of Santa Barbara, where the whole
of the principal edifice should be reserved for the bishop and the priests
residing there. The renting of the missions of San Diego, San Luis Rey,
San Gabriel, San Antonio, Santa Clara and San Jose', it was further an
nounced should take place as soon as some arrangement was made con
cerning their debts. It was also provided that the neophytes should be
free from their pupilage, and might establish themselves on convenient
parts of the missions, with liberty to serve the rentee, or any other person ;
that the Indians who possessed pieces of land, in which they had made
their houses and gardens, should apply to the government for titles, in order
that their lands might be adjudicated them in ownership, " it being under
stood that they would not have power to sell their lands, but that they
should descend by inheritance."
On March 30, 1846, the Assembly passed an Act
1. Authorizing the Governor, in order to make effective the object of
the decree of 28th May previous, to operate, as he should believe most ex
pedient, to prevent the total ruin of the missions of San Gabriel, San Luis
Rey, San Diego and others found in like circumstances.
2. That as the remains of said establishments had large debts against
them, if the existing property was not sufficient to cover the same, they
might be put into bankruptcy.
3. That if, from this authorization, the Governor, in order to avoid the
destruction to which the said missions were approaching, should determine
to sell them to private persons, the sale should be by public auction.
4. That when sold, if, after the debts were satisfied, there should be
any remainder, it should be distributed to the Indians of the respective
establishments.
5. That in view of the expenses necessary in the maintenance of the
priest, and of Divine worship, the Governor might determine a portion of
the whole property, whether of cultivable lands, houses, or any other de
scription, according to his discretion, and by consultation with the respec
tive priests.
6. The property thus determined should be delivered as by sale, but
subject to a perpetual interest of four per cent, for the uses above in
dicated.
272 History of Contra Costa County.
7. That the present Act should not affect anything already done, or
contracts made in pursuance of the decree of 28th May last, nor prevent
anything being done conformable to that decree.
8. That the Governor should provide against all impediments that
might not be foreseen by the Act, and in six months, at farthest, give an
account to the Assembly of the results of its fulfilment.
Previous to several of the last-mentioned acts, that is on August 24,
1844, the Departmental Assembly, in anticipation of a war breaking out,
passed a law authorizing the Governor, on the happening of that contin
gency, either " to sell, hypothecate, or rent, the houses, landed property and
field lands of the missions, comprehended in the whole extent of the country
from San Diego to Sonoma," except that of Santa Barbara, " reserved for
the residence of the bishop."
These comprise all the general acts of the authorities of California which
I was able to meet with on the subject of missions. Of the extent or man
ner in which they were carried into execution, so far as the missions proper
that is, the mission buildings and lands appurtenant are concerned, but
little information is afforded by what I could find in the archives. A very
considerable part, however, of the grants made since the secularization
of 1833 (comprising the bulk of all the grants in the country) are lands
previously recognized as appurtenances of the missions, and so used as
grazing farms, or for other purposes. In some cases the petitions for such
grants were referred to the principal priest at the mission to which the land
petitioned for was attached, and his opinion taken whether the grant could
be made without prejudice to the mission. In other cases, and generally,
this formality was not observed. This remark relates to the farms and
grazing grounds (ranches) occupied by the missions, and some titles to
Indians, pursuant to the regulation of Governor Figueroa, and the proclama
tion of Governor Pico, on record in the file of expedientes of grants before
noticed.
What I have been able to gather from the meager records and memo
randa in the archives, and from private information and examination of
the, actual state of the missions, is given below. It is necessary to explain,
however, still farther than I have, that in speaking of the missions now, we
cannot understand the great establishments which they were. Since 1833,
and even before, farms of great (many leagues) extent, and many of them,
have reduced the limits they enjoyed, in all cases very greatly, and in some
instances into a narrow compass ; and while their borders have been thus
cut off, their planting and other grounds inside are dotted to a greater or
less extent by private grants. The extent to which this has been the case
can only be ascertained by the same process that is necessary everywhere
in California, to separate public from private lands namely, authorized
Mexican Grants.
273
surveys of the grants according to their calls, which though not definite,
will almost always furnish some distinguishable natural object to guide the
surveyor.* The actual condition of the establishments, understanding them
in the reduced sense above shown, was, at the time the Mexican Government
ceased in California, and according to the best information I could obtain,
as follows :
MISSIONS.
WHERE
SITUATED.
San Diego ...
32 48'
Sold to Santiago Arguello, June 8, 1846.
San Luis Rey
33 03
Sold to Antonio Cot and Andres Pico, May 13, 1846
San Juan Capistrauo. . .
San Gabriel
33 26
34 10
Pueblo, and remainder sold to John Foster and James
McKinley, December 6, 1845.
Sold to Julian Workman and Hugo Reid, June 18, 1846.
San Fernando
34 16
Rented to Andres Pico, for nine years from December,
San Buenaventura
34 36
1845, and sold to Juan Celis, June, 1846.
Sold to Joseph. Arnaz.
Santa Barbara
Santa Ynes
34 40
34 52
Rented for nine years, from June 8, 1846, to Nicholas Den.
Rented to Joaquin Carrillo.
La Purisima
35 00
Sold to John Temple, December 6, 1845.
San Luis Obispo
San Miguel ...
35 36
35 48
Pueblo.
Uncertain
San Antonio.
36 30
Vacant.
Soledad
36 38
House and garden sold to Sobraues, January 4, 1846.
Carmel
36 44
Pueblo.
San Juan Bautista
Santa Cruz
36 58
37 00
Pueblo.
Vacant.
Santa Clara
37 20
In charge of priest.
San Jos6
37 30
In charge of priest.
Dolores
37 58
Pueblo.
San Rafael
38 00
Mission in charge of priest.
San Francisco Solano. . .
38 30
Mission in charge of priest.
The information above given concerning the condition of the missions
at the time of the cessation of the former Government is partly obtained
from documents in the archives, and partly from private sources. What is
to be traced in the archives is on loose sheets of paper, liable to be lost, and
parts quite likely have been lost; there may be some papers concerning them
which, in the mass of documents, escaped my examination. I have no doubt,
however, of the exactness of the statement above given as far as it goes.
It \vill be seen, then, that the missions the principal part of their lands
cut off by private grants, but still, no doubt, each embracing a considerable
tract perhaps from one to ten leagues have, some of them, been sold or
granted under the former Government, and become private property ; some
converted into villages, and consequently granted in the usual form in lots
to individuals and heads of families ; a part are in the hands of rentees, and
at the disposal of the Government when these contracts expire, and the re
mainder at its present disposal.
* I was told by Major J. R. Snyder, the gentleman appointed Territorial Surveyor by Colonel Mason, and who
made surveys of a number of grants in the central part of the country, that he had little difficulty in following tha
calls and ascertaining the bounds of the grants.
274 History of Contra Costa County.
If it were within my province to suggest what would be an equitable
disposition of such of the missions as remain the property of the Govern
ment, I should say that the churches with all the church property and
ornaments, a portion of the principal building for the residence of the priest,
with a piece of land equal to that designated in the original Act of the
Mexican Congress for their secularization (to wit, two hundred varas square),
with another piece for a cemetery, should be granted to the respective
Catholic parishes for the uses specified, and the remainder of the buildings
with portions of land attached, for schools and municipal or county pur
poses, and for the residence of the bishop ; the same allotment at the
mission of Santa Barbara that was made in the last proclamation of Gov
ernor Pico. The churches, certainly ought not to be appropriated to any
other use, and less than the inhabitants have always considered and enjoyed
as their right.
To conclude the inquiry in the last portion of your letter of instruc
tions, namely, concerning " large grants " other than the supposed ecclesi
astical grants.
I did not find in the archives of California any record of large grants
in the sense I suppose the term to be here used. There are a number of
grants to the full extent of the privilege accorded by law to individual con
cessions and of the authority of the local government to make independent
of the Central Government -to wit, of eleven sitios, or leagues square.
There are understood in the country, however, to be large claims reputed
to be founded on grants direct from the Mexican Government one held by
Captain Sutter ; another by General Vallejo. The archives (as far as I
could discover) only show that Captain Sutter received July 18, 1841, from
Governor Alvarado, the usual grant of eleven sitios on the Sacramento
river, and this is all I ascertained. The archives likewise show that Gen
eral Vallejo received from Governor Micheltorena, October 22, 1823, a grant
of ten sitios called " Petaluma," in the district of Sonoma ; and I was in
formed by a respectable gentleman in California, that General Vallejo had
likewise a grant from the Mexican Government, given for valuable consid
eration, of a large tract known by the name of " Suscol," and including the
site of the present town of Benicia, founded by Messrs. Vallejo and Semple,
on the Straits of Carquinez. It is also reputed that the same gentleman
has extensive claims in the valley of Sonoma and on Suisun bay. It ap
pears from documents which General Vallejo caused to be published in the
newspapers of California in 1847, that he was deputed in the year 1835, by
General Figueroa, to found a settlement in the valley of Sonoma, " with
the object of arresting the progress of the Russian settlements of Bodega
and Ross." General Vallejo was at that time (1835), military commander
of the northern frontier. He afterwards (in 1836), by virtue of a revolu
tion which occurred in that year in California, became military commandant
Mexican Grants. 275
of the department the civil and military government being by the same
act divided to which office he was confirmed in 1838 by the Supreme
Government.
The following extract from Governor Figueroa's instructions to him
will show the extent of General Vallejo's powers as agent for colonizing
the north :
" You are empowered to solicit families in all the territory and other
States of the Mexican Republic, in order to colonize the northern frontiers,
granting lands to all persons who may wish to establish themselves there,
and those grants shall be confirmed to them by the Territorial Government,
whenever the grantees shall apply therefor ; the title which they obtain
from you serving them in the meantime as a sufficient guarantee, as you are
the only individual authorized by the superior authority to concede lands
in the frontier under your charge. The Supreme Government of the terri
tory is convinced that you are the only officer to whom so great an enter
prise can be entrusted, and, in order that it may be accomplished in a certain
manner, it is willing to defray the necessary expenses to that end."
An official letter to General Vallejo from the Department of War and
Marine, dated Mexico, August 5, 1839, expresses approbation of what had
thitherto been done in establishing the colony, and the desire that the settle
ments should continue to increase " until they should be so strong as to be
respected not only by the Indian tribes, but also by the establishments of
the foreigners who should attempt to invade that valuable region."
I did not find any trace of these documents^or of anything concerning
General Vallejo's appointment or operations, in the Government archives.
But there is no reason to doubt the genuineness of the papers. They do
not, however, convey any title to lands beyond authority to grant during
the time his appointment continued to actual colonizers. The appointment
of General Vallejo seems to have been made by direction of the Supreme
(National) Government. I had no means of ascertaining how long the
appointment lasted, nor to what extent its powers were used ; but infer from
Vallejo himself taking a grant of his rancho of Petaluma, in 1843, that his
own authority in that respect had then ceased. As there are other grants
also of considerable extent in the same neighborhood embraced in the Gov
ernment archives, I apprehend that most, if not all of the grants made by
him, exclusive of what may be embraced in the town privileges of Sonoma
(and which will be noticed hereafter), were confirmed or regranted to the
parties by the departmental government. In this view, however, I may be
mistaken. And I desire to be distinctly understood as not intending to
throw any doubt or discredit on the titles or claims of either of the gentle
men I have mentioned. I had no opportunity of inspecting any grants they
may possess, beyond what I have stated, and I imagine their lands can only
be separated from the domain by the process universally requisite the
registration of outstanding grants and their survey.
276 History of Contra Costa County.
III.
GRANTS OF ISLANDS, KEYS AND PROMONTORIES, POINTS OF IMPORTANCE TO
THE PUBLIC, ETC.
The only points of special public importance which I learned were granted
prior to the cessation of the former government, are the site of the old fort
of San Joaquin, near the outlet of the Bay of San Francisco, and Alcatraz
(or Bird) Island, commanding its entrance, the Key of the Golden Gate.
The date of the first named grant is June 25, 1846 ; it was made to Benito
Diaz, and by him transferred to Mr. T. 0. Larkin of Monterey. I under
stand a portion of the land embraced in the grant is in occupation of the
United States troops, or has property of the United States upon it, and a
part in possession of Mr. Larkin.
Alcatraz Island was granted in June, 1846, to Mr. Francis P. Temple, of
Los Angeles. The indispensableness of this point to the Government, both
for the purpose of fortification, and as a proper position for a light-house,
induced Lieut-Col. Fremont, when Governor of California, to contract for
the purchase of it on behalf of the United States. The Government, it is
believed, has never confirmed the purchase, nor paid the consideration. This
island is a solid rock, of about a half-a-mile in circumference, rising out of
the sea just in front of the inner extremity of the throat or narrows which
forms the entrance to the bay, and perfectly commands both front and sides.
It is also in the line of the sailing directions for entering the bay,* and
consequently a light-house upon it is indispensable.
The local government had special authority and instructions from the
general government, under date of July 12, 1838, to grant and distribute
lands in " the desert islands adjacent to that department."
Whether the grants "purport to be inchoate or perfect ?" The grants
made in that department under the Mexican law, all, I believe, purport to
be perfect, except in the respect of requiring " confirmation by the depart^
mental assembly." The difficulties of determining what grants have not
received this confirmation have been above explained.
IV.
IF THERE BE ANY ALLEGED GRANTS OF LANDS COVERING A PORTION OF THE
GOLD MINES, AND WHETHER IN ALL GRANTS IN GENERAL (UNDER THE
MEXICAN GOVERNMENT,) OR IN CALIFORNIA IN PARTICULAR, THERE
ARE NOT CONDITIONS AND LIMITATIONS, AND WHETHER THERE IS NOT
A RESERVATION OF MINES OF GOLD AND SILVER, AND A SIMILAR
RESERVATION AS TO QUICKSILVER AND OTHER MINERALS ?
There is but one grant that I could learn of which covers any portion of
the gold mines. Previous to the occupation of the country by the Ameri
cans, the parts now known as The Gold region, were infested with wild
* Beechy's Narrative of a voyage to the Pacific ; London, 1831 ; appendix p. 662.
Mexican Grants. 277
Indians, and no attempts made to settle there. The grant that I refer to
was made by Governor Micheltorena, to Juan B. Alvarado, in February,
1844, and is called the Mariposas, being situated on the Mariposa creek,
and between the Sierra Nevadas and the river Joaquin, and comprises ten
sitios, or leagues square, conceded, as the grant expresses, " in consideration
of the public services " of the grantee. It was purchased from the grantee
(Alvarado) in February, 1847, by Thomas O. Larkin, Esq., for Mr. J. C.
Fremont, and is now owned by that gentleman.
The only " conditions or limitations " contained in the grants in Cali
fornia which could effect the validity of the title, are, that in the grants
made by some of the governors, a period of time (one year) was fixed, within
which the grantees should commence improvements on the grant. In case
of failure, however, the grant was not thereby void, but open to denounce
ment by other persons. This limitation was not contained in such of the
grants made in the time of Micheltorena, as I have examined, nor is it pre
scribed by law. No doubt, however, the condition was fulfilled in most
instances where it was inserted, unless in a few cases where the lands con
ceded were in parts of the country infested by the wild Indians, and its ful
filment consequently impossible. In fact, as far as I understood, it was more
customary to occupy the land in anticipation of the grant. The grants were
generally for actual (immediate) occupation and use.
I cannot find in the Mexican laws or regulations for colonization, or the
granting of lands, anything that looks to a reservation of the mines of gold
or silver, quicksilver or other metal or mineral ; and there is not any such
thing expressed in any of the many grants that came under my inspection.
I inquired and examined also, while in Mexico, to this point, and could not
learn that such reservations were the practice, either in general or in Cali
fornia in particular.
V.
IN ALL LARGE GRANTS, OR GRANTS OF IMPORTANT OR VALUABLE SITES,
OR OF MINES, WHETHER OR NOT THEY WERE SURVEYED AND OCCU
PIED UNDER THE GOVERNMENT OF SPAIN OR MEXICO, AND WHEN PUB
LICITY WAS FIRST GIVEN TO SUCH GRANTS ?
The first part of this inquiry is already answered, in the statement that,
as far as I am aware, there were never any surveys made in the country
during its occupation by either of the former governments. Most of the
grants, however, were occupied before, or shortly after they were made, and
all, as far as I am informed, except where the hostile Indian occupation
prevented. In respect of the grants to which I have made any reference, I
did not learn that there had been any delay in giving publicity to them.
Having met, sir, as far as in my power, the several inquiries set forth in
the letter of instructions you were pleased to honor me with, my attention
was turned, as far as they were not already answered, to the more detailed
278 History of Contra Costa County.
points of examination furnished me, with your approbation, by the Com
missioner of Public Lands. The very minute information contemplated by
those instructions, it would have been impossible, as you justly anticipated,
to obtain in the brief time proposed for my absence, even had it been acces
sible, in systematic archives and records. My examination, moreover, was
sufficient to show me that such minute and exact information on many of
the various heads proposed, is not attainable at all ; and that the only mode
of approximating it must be through such measures as will produce a
general registration of written titles, and verbal proof of possession where
written titles are wanting, followed or accompanied by a general survey. By
such means only can an approximation be made to the minute information
sought of the character, extent, position and date, particularly of the old
grants in California.
The first branch of the inquiries proposed by the instructions from the
Land Office, relate to " grants or claims derived from the Government of
Spain."
The chief local authority to grant lands in the province of California
was, ex officio, the military commandant, who was likewise Governor of the
province ; and the principal recipients of grants, officers and soldiers as they
retired from service. The grants to the soldiers were principally of lots
in and about the presidios (military posts) or the pueblos (villages) ; to the
officers, farms and grazing lands in addition to such lots.
There were, also, at different times, settlers brought from Sonora and
other provinces of New Spain (single men and families), and grants made to
them ; usually of village lots, and to the principal men ranches in addition.
The first settlement at San Francisco was thus made ; that is, settlers accom
panied the expedition thither, and combined with the military post. The
pueblos of San Jose and Los Angeles were thus formed. The Governor
made grants to the retired officers under the general colonization laws of
Spain, but, as in all the remote provinces, much at his own discretion. He
had likewise special authority to encourage the population of the country
by making grants of fanning lots to soldiers who should marry the native
bred women at the missions. The captains of the presidios were likewise
authorized to make grants within the distance of two leagues, measuring to
the cardinal points from their respective posts. Hence, the presidios became
in fact villages. The Viceroy of New Spain had also, of course, authority
to make grants in California, and sometimes exercised it. It was pursu
ant to his order that presidios, missions and pueblos were severally estab
lished, and the places for them indicated by the local authority. Under all
these authorities, grants were made ; strictness of written law required that
they should have been made by exact measurements, with written titles,
and a record of them kept. In the rude and uncultivated state of the
country that then existed, and lands possessing so little value, these formal-
Mexican Grants. 279
ities were to a great extent disregarded, and if not then altogether disre
garded, the evidence of their observance in many cases was lost. It is
certain that the measurements even of the grants of village lots were very
unexact and imperfect ; and of larger tracts, such as were granted to the
principal men, no measurement at all attempted, and even the quantity not
always expressed, the sole description often being by a name descriptive, in
fact or by repute, of the place granted. The law of custom, with the acqui
escence of the highest authorities, overcame in these respects the written
law. Written permits and grants were no doubt usually given, but if any
systematic records or memoranda of them were kept, they have now disap
peared, or I was not able to meet with them. In some cases, but not in all,
the originals no doubt still exist in the possession of the descendants of the
grantees ; indeed, I have been assured there are many old written titles in
the country, of which the archives do not contain any trace. But in other
cases, no doubt, the titles rested originally only on verbal permits. It was
very customary in the Spanish colonies for the principal neighborhood
authorities to give permission to occupy and cultivate lands, with the
understanding that the party interested would afterward, at a convenient
occasion, obtain his grant from the functionary above. Under these circum
stances, the grant was seldom refused, but the application for it was very
often neglected ; the title by permission being entirely good for the purposes
of occupation and use, and never questioned by the neighbors. All these
titles, whatever their original character, have been respected during the
twenty-six or twenty-seven years of Mexican and local government. And
whether evidenced now or ever by any written title, they constitute as meri
torious and just claims as property is held by in any part of the world. They
were, in the first place, the meager rewards for expatriation and arduous
and hazardous public service in a remote and savage country. They are
now the inheritance of the descendants of the first settlers of the country,
and who redeemed it from (almost the lowest stage of) barbarism. .Abstractly
considered, there cannot be any higher title to the soil.
Many of the holders of old grants have taken the precaution to have
them renewed, with a designation of boundary and quantity, under the
forms of the Mexican law ; and of these the proper records exist in the
archives. To what extent old titles have been thus renewed, could not be
ascertained, for the reason that there is no record of the old titles by which
to make the comparison.
The principal difficulty that must attend the separation of the old grants
from the public lands, or rather, to ascertain what is public domain and
what private property, in the parts where those old grants are situate, is in
the loose designation of their limits and extent. The only way that presents
itself of avoiding this difficulty, and of doing justice both to the claimant
and the government, would seem to be in receiving with respect to the old
280 History of Contra Costa County.
grants, verbal testimony of occupation and of commonly reputed boundaries,
and thereby, with due consideration of the laws and principles on which
the grants were made, governing the surveys.
The military commandant or governor had authority, by virtue of his
office, to make grants. He had, also, especial authority and direction to do
so, in a letter of instructions from the Viceroy, August 17, 1773, and entitled
" Instructions to be observed by the commandant appointed to the new
establishments of San Diego and Monterey." These instructions authorized
(as already noticed) the allotment of lands to Indians, either in community
or individually ; but it is to be understood only of Indians who should be
in charge of the missions, and of the parcels of land within the mission
settlements. Article thirteen gave the commandant " equal authority, like
wise, to distribute lands to other settlers, according to their merit and
comformably to the compilation of laws concerning new conquests and
settlements." That is, according to the compilation of the " Laws of the
Indias," which we know make certain provisions of the most liberal character
for the founding and encouragement of new populations.
Subsequently, without abrogating the general colonial laws, a special
Regulation was adopted, with the royal assent, for the government of the
Californias, and making special provision for the settlement of that prov
ince, and the encouragement of the colonizers. This regulation was drawn in
Monterey, by Governor Don Felipe Neve, in 1779, and confirmed by a Royal
cedula of October 14, 1781. Its character and objects are shown in its title,
namely " Rules and directions for the Presidios of the Peninsula of California,
erection of new Missions, and encouragement of the Population, and extension
of the establishments of Monterey." The first thirteen articles relate to
the presidios and military. Title fourteen relates to the " Political Govern
ment and directions for Peopling." After providing liberal bonuses to new
settlers in respect of money, cattle, and exemptions from various duties and
burthens, this Regulation prescribes : That the solares (house lots) which
shall be granted to the new settlers, shall be designated by the Governor in
the places, and with the extent that the tract chosen for the new settlement
will allow, and in such manner that they shall form a square, with streets
conformably to the laws of the kingdom ; and by the same rule shall be
designated common lands for the pueblos, with pasturage and fields for
municipal purposes (propios). That each suerte (out-lot), both of irrigable
and unirrigable land, shall be two hundred varas square ; and of these
suertes, four (two watered and two dry) shall be given with the solar, or
house lot, in the name of the King, to each settler.
These rules relate to the formation of villages and farming settlements,
and are exclusive of the extensive ranches farms and grazing lands
allotted to persons of larger claims or means, sometimes direct from the
Viceroy, usually by the local Governor.
Mexican Grants. 281
The acts of the Spanish Cortes, in 1813, heretofore quoted, may also be
referred to as a part of the authority under which grants might be made in
California during the continuance of the Spanish Government and prior to
the colonization laws -of Mexico, and afterwards, indeed, as far as not super-
ceded by those laws.
The second point of inquiry in the instructions furnished me from the
Land Office, relating to grants made under the Mexican Government, is
already met in most respects, as far as was in my power to meet it, in the
early part of this report. The " authority of the granting officers, and their
powers for alienating the public domain," were derived from appointment
by the Central Government, and from the general colonization laws and
regulations of the Republic. There is little room for discrimination between
such as are perfect titles and such as are inceptive and inchoate. A grant
by the territorial or (departmental) governors within the extent of eleven
sitios constituted a valid title, and with the approbation of the Depart
mental Assembly, a perfect one. After the Governor's concession, however,
it could not with propriety be termed merely inceptive, for, in fact, it was
complete until the Legislature should refuse its approbation, and then it
would be the duty of the Governor to appeal for the claimant to the Supreme
Government. I am not aware that a case of this kind arose. The difficulties,
already explained, of ascertaining to what grants the legislative approbation
was accorded, and from what it was withheld, the impossibility, in fact, of
ascertaining in many cases, coupled with the fact that that approbation was
so seldom refused, and that the party had still an appeal in case of refusal,
would seem to render that provision of the law of those grants nugatory as
a test of their merits.
The third inquiry touching " grants made about the time of the revolu
tionary movements in California, say in the months of June and July, 1846,"
is chiefly answered in what is said concerning the actual condition of the
missions, and the grants of Fort Joaquin, at the mouth, and Alcatraz Island,
inside the entrance of the Bay of San Francisco. In addition to these, the
large island of San Clemente, I understood, was granted about that time, say
in May, 1846. I found nothing in the archives concerning it. I do not
think there were other grants to attract particular attention, except the
proposed great Macnamara grant or contract, of which the principal papers
are on file in the State Department, and have been printed in the Con
gressional Documents.
In the second branch of the last mentioned inquiry, namely, concerning
any " grants made subsequent to the war," I suppose the intent is, grants, if
any, made after the reduction of the country by the arms of the United
States. There are, of course, no Mexican grants by the Mexican authorities
which purport to have been issued subsequent to that time. The inquiry
must relate, therefore, either to supposed simulated grants, by persons
19
282 History of Contra Costa County.
formerly in authority there, or to whatever may have been done, in respect
of the domain, by or under the American authorities. It is believed in the
country that there are some simulated grants in existence ; that is, some
papers purporting to be grants which have been issued since the cessation of
the Mexican Government, by persons who formerly, at different times, had
the faculty of making grants in that country. It would be impossible, how
ever, to make a list of them, with the particulars enumerated in the instruc
tions ; for, if there be any such, they would, of course, not be submitted for
public inspection, or in any way seek the light. But I believe it would not
be difficult for a person skilled in the grants in that country, and acquainted
with the archives and the facts to be gathered from them, to detect any
simulated paper that might be thus issued after the person issuing it had
ceased from his office. The test, however, would necessarily have to be
applied to each case as it arose. No general rule, I believe, can be laid
down.
Recurring, then, to the other point which I suppose the inquiry to re
late to. The most considerable act, affecting the domain, had subsequent
to the accession of the American authorities in California; was a " decree "
made by General Kearny, as Governor, under date March 10, 1847, as
follows :
" I, Brigadier-General S. W. Kearny, Governor of California, by virtue
of authority in me vested by the President of the United States of Amer
ica, do hereby -grant, convey and release unto the town of San Francisco,
the people, or corporate authorities thereof, all the right, title and interest
of the Government of the United States, and of the Territory of California,
in and to the beach and water lots on the east front of said town of San
Francisco, included between the points known as Rincon and Fort Mont
gomery, excepting such lots as may be selected for the use of the United
States Government by the senior officers of the army and navy now there ;
provided the said ground hereby ceded shall be divided into lots, and sold
by public auction to the highest bidder, after three months' notice previ
ously given ; the proceeds of said sale to be for the benefit of the town of
San Francisco."
Pursuant to the terms of this paper, what are termed " government
reservations " were made, both within and outside the limits specified, and
the remainder of the lots designated have been since in great part sold by
the town of San Francisco. These lots extend into the shallow water along
the beach of San Francisco, and are very suitable and requisite for the
business purposes of that growing city. The number of four hundred and
forty-four of them were sold in the Summer ensuing the " decree," and in
December last, I have learned since my return, the remainder, or a large
portion of them, were disposed of by the corporation. But little public
use has been made of what are denominated the " government reservations."
Mexican Grants. 283
Portions of them are reputed to be covered by old grants ; portions have
been settled on and occupied by way of pre-emption, and other portions,
particularly " Rincon Point," have been rented out, as I am informed, to
individuals, by the late military government.
Under the above decree of General Kearny, and the consequent acts of
the authorities of San Francisco, such multiplied, diversified and important
private interests have arisen, that, at this late day, no good, but immense
mischief would result from disturbing them. The city has derived a large
amount of revenue from the sale of the lots ; the lots have been re-sold
and transferred in every variety of way, and passed through many hands,
and on many of them costly and permanent improvements have been made ;
improvements required by the business and wants of the community, and
which ought to give the makers of them an equitable interest in the land,
even without the faith of the Government implied by leaving the act of its
agent so long unquestioned. An Act of Congress, relinquishing thus in the
lawful mode the interest of the United States in those beach and water
lots, would seem to be only an act of justice to the city and to lot-holders,
and to be necessary to give that validity and confidence that ought to at
tach to property of such great value and commercial importance.
In regard to the " government reservations," so called where they may
be in private hands, whether under a former grant, or by occupancy and
improvement, the same equity would seem to call for at least a pre-emption
right to be allowed the holders, except for such small parts as may be actu
ally required for public uses. In regard to the places known as " Clark's
Point," and " Rincon Point," which are outside of the land embraced in
General Kearny 's decree, and portions of which it is understood have been
put in the hands of rentees ; perhaps the most equitable use that could be
made of them (except, as before, the parts needed for public uses), would
be to relinquish them to the city, to be sold as the beach and water lots
have been; with due regard, at the same time, to rights accruing from
valuable improvements that may have been made upon them, but repress
ing a monopoly of property so extensive and valuable, and so necessary to
the improvement, business and growth of the city.
Other operations in lands which had not been reduced to private prop
erty at the time of the cessation of the former government have taken
place in and about different towns and villages, by the alcaldes and other
municipal authorities continuing to make grants of lots and out-lots, more
or less according to the mode of the former government. This, I under
stand, has been done, under the supposition of a right to the lands
granted, existing in the respective towns and corporations. Transactions
of this nature have been to a very large extent at San Francisco ; several
hundred in-lots of fifty varas square, and out-lots of one hundred varas
square, have been thus disposed of by the successive alcaldes of the place
284 History of Contra Costa County.
since the occupation of it by the American forces, both those appointed
by the naval and military commanders, and those subsequently chosen by
the inhabitants.
It is undoubtedly conformable to the Spanish colonial laws, that when
villages were to be established, there should be liberal allotments to the
first settlers, with commons for general use, and municipal lands (propios)
for the support and extension of the place that is, to be rented, or other
wise transferred, subject to a tax ; and that the principal magistrate, in
conjunction with the ayuntamiento, or town council, should have the dis
posal of those town liberties, under the restrictions of law, for the benefit
of the place, and the same was the practice in California, under the Mexican
Government. It is not always so easy to determine within what limits
this authority might be exercised ; but in new communities, whether the
settlement was founded by an empresario (contractor) or by the govern
ment, the allotments were always on a liberal scale, both for the individuals
and the village. A very early law (law 6, tit. 3, lib. 4, Recop. de Indias)
fixes " four leagues of limits and land (de termino y territorio) in square or
prolonged, according to the nature of the tract," for a settlement of thirty
families ; and I suppose this is as small a tract as has usually been set
apart for village uses and liberties, under the Spanish or Mexican Govern
ment in New Spain ; sometimes much more extensive privileges have no
doubt been granted. The instructions of 1773 to the commandant of the
new posts, authorizes pueblos to be formed, without specifying their limits,
which would, of course, bring them under the general law of four leagues.
The Royal Regulation of 1781, for the Calif ornias, directs suitable
municipal allotments to be made, "conformable to the law;" and this like
wise must refer to the law specifying four leagues square.
The letter of instructions of 1791, authorizing the captains of presidios
to make grants, in the neighborhood of their respective posts, specifies the
same quantity, to wit : " the extent of four common leagues, measured from
the center of the presidio square, two leagues in each direction, as sufficient
for the new pueblos to be formed under the protection of the presidios."
The Mexican laws, as far as I am aware, make no change in this rule ;
and the colonization regulations of 1828, provide (Art. 13) that the reunion
of many families into a town shall follow in its formation, policy, etc., the
rule established by the existing laws for the other towns of the Republic."
From all these, and other acts which might be quoted, it would seem
that where no special grant has been made, or limits assigned to a village,
the common extent of four leagues would apply to it ; it being understood,
however, as the same law expresses, that the allotment should not interfere
with the rights of other parties. The presidio settlements, under the order
of 1791, were certainly entitled to their four leagues ; the right of making
grants within the same only transferred from the presidio captains to the
Mexican Grants. 285
municipal authorities who succeeded him, as is conformable to Spanish and
Mexican law and custom. This was the case under the Spanish Govern
ment ; and I am not aware that the principle has been changed, though no
doubt grants have been made to individuals which infringed on such village
limits. The Territorial Deputation of California, however, by an act of
August 6, 1834, directed that the ayuntamientos of the pueblos should
" make application for common and municipal lands (ejidos y propios) to
be assigned them." Wherever it shall appear that this was done, the town,
I suppose, could only now claim what was then set apart for it. Where it
was omitted or neglected, custom, reputed limits, and the old law, would
seem to be a safe rule.
As to the point now under consideration, that of San Francisco, I find
that in the acts of the Departmental authorities the settlements in and
about the presidio were styled " the pueblo of San Francisco" and the par
ticular place where the village principally was and the city now is, " the
point of Terba Buena." The local authorities, as its alcalde, or justice of
the peace, were termed those of the pueblo of San Francisco. Its privi
leges were not, therefore, at any time limited to the point of Yerba Buena.
Originally, probably, it had boundaries in common with the mission of Do
lores, which would restrict it in its four leagues ; but after the conversion
of the mission into a pueblo, the jurisdiction of the authorities of San Fran
cisco was extended, and special license given to its principal magistrate to
grant lots at the mission. San Francisco is situated on a tongue or neck of
land lying between the bay and the sea, increasing in breadth in a south
erly direction. A measurement of four leagues south from the presidios
would give the city, in the present advanced value of property, a magnifi
cent corporate domain, but not so much as was fairly assignable to the pre
cincts of the presidio under the order of 1791, nor so much as all new
pueblos are entitled to under the general laws of the Indias. There are
private rights, however, existing within those limits, apart from any grants
of the village authorities, which ought to be respected ; some through
grants from the former government ; some by location and improvement, a
claim, both under our own law and custom and under the Spanish law, en
titled to respect. To avoid the confusion the destruction that would
grow out of the disturbing of the multiplied and vast interests that have
arisen under the acts of the American authorities at San Francisco ; to give
the city what she would certainly have been entitled to by the terms of
the old law, what she will need for the public improvements and adorn
ments that her future population will require, and what is well due to the
enterprise which has founded in so brief a space a great metropolis in that
remote region, perhaps no better or juster measure could be suggested than
a confirmation of past acts, a release of government claims to the extent of
four leagues, measuring south from the presidio, and including all between
286 History of Contra Costa County.
sea and bay, with suitable provision for protecting private rights, whether
under old grants or by recent improvements, and reserving such sites as the
government uses may require.
By the authorities of the village of San Jostf, there have been still larger
operations in the lands belonging, or supposed to belong, to the liberties of
that town. The outlands there, as I learned, have been distributed in tracts
of three to five hundred acres.
The pueblo of San Jose' was founded November 7, 1777. by order of
Felipe de Neve, then military commandant and governor. The first settlers
were nine soldiers and five laboring men or farmers, who went thither with
cattle, tools, etc., from San Francisco, where had been established the year be
fore, by order of the Viceroy, the presidio and the mission of Dolores. These
persons took possession, and made their settlement " in the name of his
Majesty, making out the square for the erection of the houses, distributing
the solares (house lots) and measuring to each settler a piece of ground for
the sowing of a fanega of maize (two hundred varas by four hundred), and
for beans and other vegetables.* Subsequently, the Regulation of 1781,
allowing to the new settlers each four lots of two hundred varas square,
besides their house lots, was no doubt applied to this village. It was de
signed for an agricultural settlement, and, together with the pueblo of the
south (Los Angeles), received constantly the favor and encouragement of
the government, with the view of having sufficient agricultural produce
raised for the supply of the military posts. Both villages are situated in
fertile plains, selected for their sites with that object. In a report or in
formation, made by the Governor, Don Pedro Fages, in February, 1791, to
his successor, Governor Romeu, the encouragement of the two pueblos is
the first topic referred to :
1. " Being (says Governor Fages) one of the objects of greatest considera
tion, the encouragement of the two pueblos of civilized people, which have
been established, the superior government has determined to encourage
them with all possible aids, domiciliating in them soldiers who retire from
the presidios, and by this means enlarging the settlement.
2. " By the superior order of April 27, 1784, it is ordered that the
grains and other produce, which the presidios receive from the inhabitants
of the two pueblos, shall be paid for in money, or such goods and effects as
the inhabitants have need of.
3. " The distribution of lots of land, and house lots, made with all pos
sible requisite formalities, with designation of town liberties, and other lands
for the common advantage, as likewise titles of ownership given to the in
habitants, were approved by the Senor Commandante General, the 6th
February of the present year of 1784."
* Noticias de Nueva California, by the Rev. Father Palou ; MSS., Archives of Mexico.
Mexican Grants. 287
There are also records of families being brought at the government ex
pense, from the province of Sonora, specially to people the two pueblos.
Both these villages- being thus objects of government favor and encour
agement claim to have been founded with more extensive privileges than
the ordinary village limits ; and I have no doubt, from the information I
received, that such was the case.
The village of San Josd had a dispute of boundary as early as the year
1800, with the adjoining mission of Santa Clara, and which was referred
the following year to the Government of Mexico. The fact is noted in the
index to California papers in the Mexican archives, but I did not find the
corresponding record. There is likewise in the book of records marked
" 1828," in the archives at Monterey, an outline of the boundaries claimed
by the pueblo at that time. But at a later period (in 1834, I believe), there
was legislative action upon the subject, in which, as I understand, the
boundaries were fully agreed upon. Some documents relating to this settle
ment are in the archives at San Jose, and also in the territorial archives.
My time did not permit me to make a full investigation of the question of
those boundaries, nor did I think it necessary, because, at all events, they
can only be definitely settled by a survey, the same as private estates. My
instructions, however, call for a discrimination between acts done " with
legal formalities," and such as are " without legal sanction." It is therefore
proper for me to say that I do not know of any law which would authorize
the distribution of town property in California in lots measured by hun
dreds of acres ; such distribution, in fact, would seem rather to defeat the
ends for which town grants are authorized by the Spanish law. Perhaps
an act to authorize the limits of the town to be ascertained by survey, and
to leave the question of the validity of those recent large grants within
the limits of the same, to be determined between the holders, and the
town in its corporate capacity, would be as just and expedient as any
other mode.
In and about the town of Monterey, likewise, there were large conces
sions, as I understood, and some including the sites of forts and public
places, made by the magistrate appointed there after the accession of the
American authority. The limits of this town, also, I think, depend on
an act of the territorial legislature, and may be ascertained by an author
ized survey.
The city of Los Angeles is one of the oldest establishments of Cali
fornia, and its prosperity was in the same manner as that of San Jose', an
object of Government interest and encouragement. An Act of the Mexican
Congress of May 23, 1835, erected it into a city, and established it as the
capital of the territory. The limits which, I understood, are claimed as its
town privileges, are quite large, but probably no more than it has enjoyed
for sixty years, or ever since its foundation. The grants made by this
288 History of Contra Costa County.
corporation since the cessation of the former government, have been, as far as
I learned, quite in conformity with the Spanish law, in tracts such as were
always granted for house lots in the village, and vineyards and gardens
without, and in no greater number than the increase of population and the
municipal wants required.
The only provision that seems to be wanting for the pueblo of Los
Angeles is for the survey and definition of its extent, according to its
ancient recognized limits. The same remark, as far as I have learned, will
apply to the remaining towns of the country, established under either of
the former governments.
The remarks made in a previous part of this report in relation to the
missions cover to a good degree the substance of that branch of the in
quiries proposed by the Commissioner of the Land Bureau. I have already
stated that originally the " mission lands " may be said to have been co-ex
tensive with the province, since, nominally, at least, they occupied the
whole extent, except the small localities of the presidios, and the part in
habited by the wild Indians, whom and whose territory it was their priv
ilege to enter and reduce. Among the papers accompanying this report is
included a transcript of their recorded boundaries, as stated in a record
book heretofore noticed. It will be seen from the fact first mentioned of
their original occupation of the whole province, and from the vast terri
tories accorded to their occupation, as late as the year 1828, how inconsistent
with any considerable peopling of the country would have been any notion
of proprietorship in the missionaries.
I am also instructed to " make an inquiry into the nature of the Indian
Rights [in the soil], under the Spanish and Mexican governments."
It is a principle constantly laid down in the Spanish colonial laws, that
the Indians shall have a right to as much land as they need for their habi
tations, for tillage, and for pasturage. Where they were already partially
settled in communities, sufficient of the land which they occupied was
secured them for those purposes.* If they were wild and scattered in the
mountains and wildernesses, the policy of the law, and of the instructions
impressed on the authorities of the distant provinces, was to reduce them,
establish them in villages, convert them to Christianity, and instruct them
in useful employments.-f- The province of California was not excepted from
the operation of this rule. It was for this purpose especially, that the mis
sions were founded and encouraged. The instructions heretofore quoted,
given to the commandant of Upper California in August, 1773, enjoin on
that functionary, that " the reduction of the Indians in proportion as the
spiritual conquests advance, shall be one of his principal cares ;" that the
reduction made, " and as rapidly as it proceeds, it is important for their
Recopilacion de Indias ; laws 7 to 20, tit. 12, book 4.
t Ib., laws 1 and 9, tit. 3, book 6.
Mexican Grants. 289
preservation and augmentation, to congregate them in mission settlements,
in order that they may be civilized and led to a rational life ;" which (adds
the instructions) "is impossible, if they be left to live dispersed in the
mountains."
The early laws were so tender of these rights of the Indians, that they
forbade the allotment of lands to the Spaniards, and especially the rearing
of stock, where it might interfere with the tillage of the Indians. Special
directions were also given for the selection of lands for the Indian villages,
in places suitable for agriculture and having the necessary wood and water.*
The lands set apart to them were likewise inalienable, except by the advice
and consent of officers of the government, whose duty it was to protect the
natives as minors or pupils.f
Agreeably to the theory and spirit of these laws, the Indians in Cali
fornia were always supposed to have a certain property or interest in the
missions. The instructions of 1773 authorized, as we have already seen,
the commandant of the province to make grants to the mission Indians of
lands of the missions, either in community or individually. But, apart from
any direct grant, they have been always reckoned to have had a right of
settlement ; and we shall find that all the plans that have been adopted for
the secularization of the missions, have contemplated, recognized, and pro
vided for this right. That the plan of Hijar did not recognize or provide
for the settlements of Indians, was one of the main objections to it, urged
by Governor Figueroa and the territorial deputation. That plan was
entirely discomfited ; all the successive ones that were carried into partial
execution, placed the Indian right of settlement amongst the first objects to
be provided for. We may say, therefore, that, however mal-administration
of the law may have destroyed its intent, the law itself has constantly
asserted the rights of the Indians to habitations and sufficient fields for their
support. The law always intended the Indians of the missions all of them
who remained there to have homes upon the mission grounds. The same,
I think, may be said of the large ranches most, or all of which, were for
merly mission ranchos and of the Indian settlements or rancherias upon
them. I understand the law to be, that wherever Indian settlements are
established, and they till the ground, they have a right of occupancy in the
land. This right of occupancy, however at least when on private estates
is not transferable ; but whenever the Indians abandon it, the title of the
owner becomes perfect. Where there is no private ownership over the
settlement, as where the land it occupies have been assigned it by a f unctu-
ary of the country thereto authorized, there is a process, as before shown,
by which the natives may alien their title. I believe these remarks cover
* Law 7, tit. 12, Recop. Indias ; ib., laws 8 and 20, tit. 3, book 6.
t Ib., law 27, tit. 6, book 1. Pena y Pena, 1 Practica Forense Mejicana. 248, etc. Alaman, 1 Historia de
Mejico, 23-25.
290 History of Contra Costa County.
the principles of the Spanish law in regard to Indian settlements, as far as
they have been applied in Calfornia, and are conformable to the customary
law that has prevailed there.*
The continued observance of this law, and the exercise of the public
authority to protect the Indians in their rights under it, cannot, I think,
produce any great inconvenience ; while a proper regard for long recognized
rights, and a proper sympathy for an unfortunate and unhappy race, would
seem to forbid that it should be abrogated, unless for a better. The number
of subjugated Indians is now too small, and the lands they occupy too insig
nificant in amount, for their protection, to the extent of the law, to cause
any considerable molestation. Besides there are causes at work by which
even the present small number is rapidly diminishing ; so that any question
concerning them can be but temporary. In 183 4 there were employed in
the mission establishments alone the number of thirty thousand six hun
dred and fifty .-J-
In 1842, only about eight years after the restraining and compelling
hand of the missionaries had been taken off, their number on the missions
had dwindled to four thousand four hundred and fifty, and the process of
reduction has been going on as rapidly since.
In the wild and wandering tribes the Spanish law does not recognize
any title whatever to the soil.
It is a common opinion that nearly all of what may be called the coast
country that is, the country west of the Sacramento and San Joaquin
valleys which lies south of and including the Sonoma District, has been
ceded, and is covered with private grants. If this were the case, it would
still leave the extensive valleys of these large rivers and their lateral tribu
taries almost intact, and a large extent of territory from three to four
degrees of latitude at the north, attached to the public domain within the
State of California, beside the gold region, of unknown extent, along the
foot-hills of the Sierra Nevada. But while it may be nominally the case
that the greater part of the coast country referred to is covered with grants,
my observation and information convince me that when the country shall
be surveyed, after leaving to every grantee all that his grant calls for, there
will be extensive and valuable tracts remaining. This is explained by the
fact that the grants were not made by measurement, but by a loose desig
nation of boundaries, often including a considerably greater extent of land
than the quantity expressed in the title ; but the grant usually provides
* Of course, what is here said of the nature of Indian rights does not refer to titles to lots and farming
tracts, which have been granted in ownership to individual Indians by the Government. These I suppose to be
entitled to the same protection as other private property.
t This is not an estimate, it is an exact statement. The records of the missions were kept with system and ex
actness ; every birth, marriage, and death was recorded, and the name of every pupil or neophyte, which is the
name by which the mission Indians were known ; and from this record, an annual return was made to the Govern
ment of the precise number of Indians connected with the establishment. '
Mexican Grants. 291
that the overplus shall remain to the Government. Although, therefore,
the surveys, cutting off all above the quantity expressed in the grant, would
often interfere with nominal occupation, I think justice would generally
be done by that mode to all the interests concerned the holders of the
grants, the Government, and the wants of the population crowding thither.
To avoid the possibility of an injustice, however, and to provide for cases
where long occupation or peculiar circumstances may have given parties a
title to the extent of their nominal boundaries, and above the quantity
expressed in their grants, it would be proper to authorize any one, who
should feel himself aggrieved by this operation of the survey, to bring a
suit for the remainder. /
The grants in California, I am bound to say, are mostly perfect titles; that
is, the holders possess their property by titles that, under the law which
created them, were equivalent to patents from our Government ; and those
which are not perfect that is, which lack some formality, or some evidence
of completeness have the same equity as those which are perfect, and were
and would have been equally respected under the Government which has
passed away. Of course, I allude to grants made in good faith, and not to
simulated grants, if there be any such, issued since the persons who made
them ceased from their functions in that respect.
I think the state of land titles in that country will allow the public lands
to be ascertained, and the private lands set apart by judicious measures,
with little difficulty. Any measure calculated to discredit, or cause to be
distrusted the general character of the titles there, besides the alarm and
anxiety which it would create among the ancient population, and among all
present holders of property, would, I believe, also retard the substantial
improvement of the country ; a title discredited is not destroyed, but every
one is afraid to touch it, or at all events to invest labor and money in
improvements that rest on a suspected tenure. The holder is afraid to
improve ; others are afraid to purchase, or if they do purchase at its dis
credited value, willing only to make inconsiderable investments upon it.
The titles not called in question (as they certainly for any reason that I
could discover do not deserve to be), the pressure of population and the force
of circumstances will soon operate to break up the existing large tracts into
farms of such extent as the nature of the country will allow of, and the
wants of the community require ; and this under circumstances and with
such assurance of tenure as will warrant those substantial improvements
that the thrift and prosperity of the country in other respects invite.
I think the rights of the Government will be fully secured, and the
interests and permanent prosperity of all classes in that country best con
sulted, by no other general measure in relation to private property than an
authorized survey according to the grants, where the grants are modern, or
since the accession of the Mexican Government, reserving the overplus ; or,
292 History of Contra Costa County.
according to ancient possession, where it dates from the time of the Span
ish Government, and the written evidence of the grant is lost, or does not
afford data for the survey. But providing that in any case, where from the
opinion of the proper law officer or agent of the Government in the State,
or from information in any way received, there may be reason to suppose
a grant invalid, the Government (or proper officer of it) may direct a suit to
be instituted for its annulment.
In glancing at the heading of this chapter we must ask the reader not to
indulge in the vain hope that a full history of the grants comprised within
the limits of what is known as Contra Costa county will be found ; such,
indeed, would be beyond the limits of this work, even had we at hand the
infinity of resources to be found in the hundreds of cases which have arisen
out of them. Our compilation must of necessity be accepted in its crude
form. We have striven to our utmost capacity to produce some information
which would combine both usefulness and correctness, and to this end have
relied chiefly on the information contained in a legal work, on whose title
page is the legend, " Reports of land cases determined in the United States
District Court for the Northern District of California, June Term, 1853, to
June Term, 1858, inclusive. By Ogden Hoffman, District Judge, San Fran
cisco; Numa Hubert, 1862." The first case we find on page 79, vol. 1 :
THE UNITED STATES, Appellants, vs. SALVIO PACHECO, claiming the
Rancho Monte del Diablo. Claim for four leagues of land in Contra Costa
county, confirmed by the Board, and appealed by the United States. In
this case a grant from Governor Figueroa to the claimant is produced and
proved, and evidence is offered to prove the occupation and cultivation of
the land within the year, as prescribed in the grant. In the opinion of the
Board, the grant is treated as undoubtedly genuine, and the fact of the
performance of the conditions as indisputable. No additional testimony has
been taken in this Court, nor has any reason for refusing the decree of the
Board and rejecting the claim been suggested to us on the part of the appel
lants. The only objection that could have been raised viz., the want of
judicial possession, and the fact that the land is within the ten littoral
leagues, has already repeatedly been overruled. A decree confirming the
claim must therefore be entered. (December Term, 1855.)
THE UNITED STATES, Appellants, vs. JOAQUIN MORAGA, claiming the
Rancho Laguna de Polos Golorados. Claim for three leagues of land in
Contra Costa county, confirmed by the Board, and appealed by the United
States. The claimants in this case petitioned on the thirtieth of August,
1835, for the place called " Laguna de los Palos Colorados." The petition was
referred to the Ayuntamiento del Pueblo de S. Josd Guadalupe, and also to
the Rev. Padre, for their reports. On receiving these reports, which were
favorable, Jose Castro, Primero Vocal of the Assembly and Political Chief, ad
Mexican Grants. 293
interim, made his concession on the tenth of October, 1835, and directed that
when the Departmental Assembly should have approved the grant, the corre
sponding title should issue. On the twelfth of October, 1835, the concession
was approved, but the " title " does not seem to have issued until the thirty-
first of July, 1841. All the foregoing facts appear from the expediente on
file in the ai'chives of the former Government. The claimants have also
produced the original title delivered to them, which bears date on the tenth
of August, 1841, to which is attached a map or diseno certified by Jimeno,
Secretary of the Government, to be a copy of that accompanying the expe
diente. The translation of this certificate seems to be omitted. There also
accompanies this document the certificate of approval by the Departmental
Assembly, and a note or record of an arrangement between Moraga and
Candelario Valencia, who seems to have been a colbudante or coterminous
owner, fixing their common line, and providing for the use in common of an
oj o de aqua, or spring of water, which is on the land. The authenticity of all
these documents is fully proved, and it is shown that in 1836 the parties
went upon the land, built houses, corrals, and placed cattle upon it, and
cultivated a considerable portion. The boundaries of the tract are given
with some precision in the original grant, and it appears in evidence that
the limits of the rancho are well known to those residing in the vicinity.
The claim was confirmed by the Board, and we think their decision should
be affirmed. (December Term, 1855.)
THE UNITED STATES, Appellants, vs. JOAQUIN Y. CASTRO, Adminis
trator of Francisco Maria Castro, deceased, claiming the Rancho San
Pablo. Claim for about four leagues of land in Contra Costa county, con
firmed by the Board, and appealed by the United States. This case has
been submitted to the Court on appeal without argument or the statement
of any objection to its validity. We have, however, as in other cases, ex
amined the transcript, which is unusually voluminous, and have perceived
no obstacle to its confirmation. The first application for the land appears
to have been made by Don Francisco Castro in 1823, and to have been ad
dressed to the Deputation. On the same day a decree was made granting
the place solicited, and directing the Military Commander of the Presidio
of San Francisco to put the petitioner in possession. This seems, from vari
ous causes, not to have been done, nor does the title to the land appear to have
issued to Francisco Castro during his life-time, although, as appears from
the expediente, he had gone upon the land, placed cattle upon it, and from
time to time solicited of the Governor the formal title. On his death, his
son and the administrator of his estate, Joaquin Ysidro Castro, petitioned
the Governor on the twenty-sixth of May, 1834, for the land occupied by
the family, stating it to be three leagues in extent, and annexing to his
petition a map of the land solicited. The Governor, after having caused
the documents on file in the case of the previous application of Francisco
294 History of Contra Costa County.
Castro to be produced, acceded to the petition, and on the twelfth of June,
1834, the formal title issued to the successors of Francisco Castro. In this
title the boundaries of the land are mentioned, and reference is made to the
map which accompanies the expediente. The extent of the land granted
is stated to be three square leagues, more or less. On the twenty-third of
June, 1835, Joaquin Ysidro Castro presented another petition to the Gov
ernor, in which he states that he had, through inadvertence, neglected to
ask for all the land included in the boundaries indicated on the diseno, and
he solicited an augmentation of the previous grant so as to include the
whole tract designated on the map. By the report of Negrete, the Secre
tary to whom the Governor referred this petition, it appears that the land
comprised within the boundaries referred to had been ascertained to be of
the extent of four and one twenty-fourth square leagues. On the four
teenth of August, 1835, the Governor granted to the successors of Francisco
Castro the augmentation solicited, and on the twentieth of August, 1835,
the formal title was issued for the land, as originally bounded, and in the
fourth so called condition of the title the extent of the tract is declared to
be " four square leagues and a little over, including the surplus which by
the decree of the fourteenth of August of the present year was granted to
them, and as shown by the map which accompanies the expediente and
already conceded to them." It is this tract of four square leagues and a
little over that is now claimed by the appellees. All the above recited facts
appear from the expedientes on file. The authenticity of the original docu
ments produced by the interested parties is fully proved, and their long
continued occupation and extensive improvements of the land for more
than thirty years clearly established. It also appears that the grant was
approved by the Departmental Assembly. We are of the opinion therefore
that this claim is valid, and that the decision of the Board should be
affirmed. (December Term, 1855).
THE UNITED STATES, Appellants, vs. ROSA PACHECO et al., claiming the
Rancho Arroyo de las Nueces y Bolbones. Claim for two leagues of land,
more or less, in Contra Costa county, confirmed by the Board of two leagues,
and appealed by the United States and by claimants. In this case appeals
have been taken both by the United States and by the claimants. The Board
confirmed the title to the land to the extent of two leagues, and the claim
ants assert that they are entitled to a confirmation of the tract granted by
metes and bounds, and irrespective of quantity. With regard to the validity
of the grant no question seems to be raised. In the brief filed on the part
of the United States it is observed that, " on the general question of the
validity of the whole grant, it is not designed to repeat objections and argu
ments which this Court has feo often decided to be untenable." The valid
ity of the title being thus admitted, under the principles laid down in former
adjudications of this Court, the only question is as to the extent to which
Mexican Grants: 295
it should be confirmed. The petition was presented to Governor Figueroa
on the fifteenth of May, 1834, and the usual order of reference for informa
tion was made. After receiving the report of the Ayuntamiento of San
Jose' Guadalupe, a further reference was made to the Alcalde of Monterey,
directing him to examine witnesses, to be produced by the petitioner, as to
her qualifications, as to whether the land was vacant, as to its extent and
nature, and as to whether she had the means of stocking it with cattle.
The Alcalde accordingly took the depositions of the witnesses, by which
it appeared that, as stated by two of them, the land was two and one-half
leagues, " a little more or less," long, and about two leagues broad ; and as
deposed by the third, that it was two leagues long, more or less, and about
two leagues broad. Upon receiving these reports, the Governor made the
usual order of concession, declaring this petitioner " owner of the land be
tween the Arroyo de las Nueces and the Sierra de los Golgones, bounded
by the said places and by the Ranchos of San Ramon, Las Juntas and Monte
del Diablo," and directing the expediente to be sent to the Most Excellent
Deputations for their due approval. The grant or final title, in what would
seem to be strict compliance with the colonization laws, was withheld until
the approval of the Assembly had made the grant definitely valid. On the
eleventh of July, 1834, the Assembly passed a resolution approving "the
grant made to Dona Juana Sanches de Pacheco of the place included between
the Arroyo de las Nueces and the Bolbones." On the thirty-first of July,
the Governor, after referring to the resolution of approval, ordered the title
to issue. It accordingly issued on the same day. The grant, after reciting
that Dona J. S. de Pacheco had petitioned for the land included between
the Arroyo de las Nueces and the Sierra de los Golgones, bounded by the
said places and the Ranchos de las Juntas, San Ramon and Monte del Diablo,
and after referring to the resolution approving the grant of the land between
the Arroyo de las Nueces and the the Sierra de los Golgones, grants to her
" the aforesaid land, declaring to her the ownership of it by these presents,
and subject to the following conditions." The fourth condition is as fol
lows : " The land of which mention is made is two square leagues, a little
more or less, as shown by the map which goes with the expediente.
The magistrate who may give the possession will cause it to be measured
in conformity with the ordinance, for the purpose of making out the bounda
ries, leaving the surplus which may result to the nation for its convenient
uses." It is contended on the part of the United States that by this con
dition the quantity of land is limited to two leagues, a little more or less.
It is urged on the part of the claimants, that the original order of conces
sion, the resolution of approval, and the description of the land in the grant
itself, clearly show the intention to have been to grant the land as delinea
ted on the diseno and described in the grant; and that if the fourth condi
tion be construed to limit the quantity, it is repugnant to the rest of the
296 History of Contra Costa County.
grant, inconsistent with the previous concession and resolution of approval,
and probably introduced by mistake. If such was the intention of the
Governor when he made the concession, and of the Assembly when they
approved of it, the final title, issued with an express reference to, and
avowed conformity with the resolution of approval, should, if possible, be
so construed as to give effect to it. The inquiry therefore is, did the
Governor intend by the fourth condition to limit the quantity of land
granted, or is the mention of quantity to be treated as merely a mis-descrip
tion of the extent of the land, which should, as at common law, yield to
boundaries, when the latter are distinctly mentioned, and when such con
struction is necessary to give effect to the intention of the parties ? In the
case of the United States vs. Wright, it was held by the Court that where
land had been granted by specific boundaries, which included in fact about
eight leagues, and the condition specified the extent as four leagues, a little
more or less, the grant could not be construed to embrace the larger quantity.
But in that case it appeared that the petitioner himself, as well as the wit
nesses produced by him, had represented the land as only " three or four
leagues in extent." The Governor, therefore, in limiting the grant to
the quantity represented to be included within the boundaries, either merely
carried into effect the understanding and intentions of all parties, or else the
representations were fraudulent, and the parties to the deception could not
in a Court of Equity be allowed the fruits of their fraud. It seemed to the
Court in that case that justice would be satisfied and every substantial
right protected by limiting the extent of the land to the quantity which the
Governor intended to grant and the petition asked for. But the case at
bar is different. The Governor was fully apprised of the extent of the land,
not only by the testimony of the witnesses produced before the Alcalde,
but the diseno which was submitted both to the Governor and the Assem
bly, and which is referred to in the condition, shows the land included
within the boundaries to be of about the extent mentioned by the witnesses.
The boundaries mentioned in the concession, the resolution of approval,
and the grant, are the same as those indicated on the map, and the Gov
ernor, in all probability, derived his description of the land from that source.
It is clear from this fact, as well as the express language of the condition,
that the Governor intended to grant the land " as shown by the map ;" and
that map contains a scale which, must, independently of other information,
have apprised the Governor that the quantity was greater than two leagues.
In this, as in all analogous cases, the only object of the Court should be to
carry out the instructions of the granting power. When, therefore, we find
the land granted by specific boundaries, and those boundaries represented
to the grantor to contain a certain quantity ; when the grantor's attention
has been directed to the point ; and on ascertaining that the quantity is the
same as that represented, he nevertheless proceeds to grant all the land
Mexican Grants. 297
within those boundaries, find refers to the map which clearly indicates the
quantity under all these circumstances, we must consider that the inten
tion was to grant all the land included within the boundaries, notwith
standing that in a subsequent condition the quantity may be erroneously
stated. That conditions applicable only to one species of grants were often
asserted by mistake in grants of a different species is notorious. In this
case the mention of two leagues as the extent of the granted land is, per
haps, owing to the fact that the clerk who drafted the document forgot
that a tract two leagues broad by two wide contained four and not two
square leagues. However this may be, we think it clear that in this case
all the land within the boundaries was intended to be granted ; and as
there is no proof or suggestion that the land so included exceeds in extent
the quantity testified to by the witnesses before the alcalde, that the claim
should be confined to the tract as described in the grant and delineated on
the map. (June Term, 1856.)
THE UNITED STATES, Appellants, vs. JONATHAN D. STEVENSON, et al.,
claiming the Rancho Medanos. Claim for two leagues of land in Contra
Costa county, confirmed by the Board, and appealed by the United States.
The claim in this case is for a piece of land called " Medanos,'' embracing
two square leagues, " a little more or less." It was confirmed by the Board,
and the cause has been submitted to this Court on appeal without argu
ment, or the statement of any objection to its validity. The title paper is
produced by the claimants, and its genuineness duly certified. The expe-
diente from the archives not only shows that the preliminary proceedings
were in due form, but that the grant was confirmed by the Departmental
Assembly about six months after its date. It is also shown that the con
ditions were fully complied with. The delineation on the diseno appears to
be rude and inexact, but the title itself describes the boundaries of the tract
with some precision. In that document the land is mentioned as that
known by the name of " Medanos," and bounded on the south by the land
of citizen Noriega, on the north by that of citizen Salvio Pacheco, on the
east by the river San Joaquin, and on the west by the " lomarias," or small
hills. The third condition states the extent of the granted land to be two
square leagues, a " little more or less." Some of the witnesses appear to
have supposed that the land embraced within these boundaries would include
a tract of far greater extent than that mentioned in the condition. But it is
clear that they have confounded the "lomarias" mentioned in the grant with
the range of mountains known as the Contra Costa hills, which lie at a con
siderable distance, and which would, if taken as the western boundary, not
only include a tract of country of great extent, but also one or more inter
vening Ranches. It would seem, however, that the " lomarias " spoken of
are a range of low hills, and that the land included within these and the
298 History of Contra Costa County.
other boundaries of the grant has about the extent mentioned in the grant.
Such appears to have been the view taken of the case by the Board, and we
see no reason for a different conclusion. The mesne conveyances appear to
be regular. Under the proofs offered, the claimant, Stevenson, is entitled
to a confirmation of the part conveyed to him by the deed as reformed
according to the intentions of the parties under the decree of the District
Court of this State. A decree affirming the decision of the Board must be
entered. (June Term, 1856.)
INOCENCIO ROMERO et cd., claiming El Sobrante, Appellants, vs. THE
UNITED STATES. Claim for five leagues of land in Contra Costa county,
rejected by the Board, and appealed by the United States. It appears from
the expediente on file in the archives, that on the eighteenth day of Jan
uary, 1844, the brothers Romero petitioned the Governor in the usual form
for a grant of land, being a sobrante lying between the ranches of Moraga,
Pacheco and Welch. This petition was by a marginal order referred to the
Honorable Secretary for his report. The Secretary referred the papers to
the First Alcalde of San Jose, with directions to summon Moraga, Pacheco
and Welch, hear their allegations, and return the papers to the office. On
the first of February, 1844, the First Alcalde reports that the owners of the
lands bounded by the tract have been confronted with the petitioners, and
that the former are willing and desirous that the land be granted. He adds
that it had come to his knowledge that one Francisco Sofco claimed the
tract some six or seven years ago, but as he had never used nor cultivated
it, the petitioners appeared to him to be entitled to the favor they ask. On
the fourth of February, 1844, Manuel Jimeno, the Secretary, reports to the
Governor that, in view of the report of the First Alcalde, there would seem
to be no obstacle to making the grant. On this report of the Secretary, the
Governor makes the following order : " Let the Judge of the proper dis
trict take measurement of the unoccupied land that is claimed, in presence
of the neighbors, and certify the result, so that it may be granted to the
petitioners. Micheltorena." On the twenty-first of March, 1844, the claim
ants addressed a petition to the Governor, representing that, owing to the
absence of the owners of the neighboring lands, the Judge of the Pueblo
of San Jose had been unable to execute the superior order, (above recited),
and soliciting that his Excellency would grant the tract to them, " either
provisionally, or in such way as he would deem fit," while there was yet
time for planting, etc. On this petition Jimeno reports (March 23, 1844.)
that the original order should be carried into effect as to the measurement
of the land, and that " as soon as that was accomplished, Seiior Romero
can present himself with Seiior Soto, who says he has a right to the same
tract." The Governor thereupon made the following report : " Let every
thing be done agreeably to the foregoing report. Micheltorena." The above
Mexican Grants. 299
documents constitute the whole expediente on file in the archives. From
the documents produced by the claimant from the files of the Alcalde's
office, it appears that on the same day, March 23, 1844, Jimeno communi
cated to the Alcalde the order of the Governor that the Sobrante solicited
by the Romeros should be measured, and that if it should be necessary a
measurement of the adjoining ranchos should also be made with the un
derstanding that those parties who should become " agraciados " should bear
the expense. It is evident that up to the date of the last order of Michel-
torena no grant of the land had issued. That pursuant to the recommen
dation of Jimeno, the Governor declined to make even a provisional grant
as solicited, and that final action in the matter was deferred until a meas
urement should be made, and until Romero and Soto should present them
selves. Jimeno does not seem to have finally adopted the opinion of the
Alcalde that Soto had forfeited his rights to the land, for he recommends
to the Governor, as we have seen, that the land should be measured without
delay, and that then " Romero should present himself, joined with Senor
Soto, who says he has a right to the same land." In this recommendation
the Governor concurs. There is certainly nothing in these proceedings
which indicate that the Governor had finally determined to grant the land,
though it is evident that he regarded the application with favor ; still less
can any of the orders made by him be construed to import a present grant.
On the contrary, it is clear that the Governor refuses to make even a pro
visional grant, but insists that a measurement shall first be made, and then
tnat Romero and Soto shall appear before him, evidently with the view of
determining the rights of the latter.
The subsequent proceedings, as shown by documents exhibited by the
claimants, confirm this view. On the fifteenth of January, 1847, Romero
and Garcia, the present claimants, appeared before John Burton, the Alcalde
of San Jose, and executed a paper in the presence of the Alcalde and two
witnesses, reciting a sale by Romero to Garcia of one-half of the land, and
stipulating that both parties should remain subject to the fina] result,
"if the Governor grant it in ownership." And if the contrary should
be " the case, then Garcia should lose equally with Romero, without any
right to reclaim the consideration paid." This paper is signed by the
parties, the Alcalde and the witnesses. On the twenty-eighth of May,
1847, Jose Romero addressed a petition to John Burton, Alcalde of San
osd, representing that as early as 1844, an order from the former Governor
had been sent to the Alcalde's Court requiring a measurement of the land
called " Juntas ;" that such measurement had not yet been made. He
therefore solicits the Alcalde to give him a testimonial of the reports which
in the year 1844 were sent to the Government, so " that we can be granted
said land." The Alcalde in a marginal order directs that the lands should
be measured according to the original order of the Supreme Government.
300 History of Contra Costa County.
In the margin of the order transmitted by Jimeno, under date of March 23,
1844, the Alcalde writes: "Be it done accordingly, on the ninth of April,
1847. The interested parties will proceed to take possession of the men
tioned land according to the order of the Governor. I further order, that
in case any bordering land-owner demand it, a measurement of his land be
ordered. John Burton, J. P." It appears, moreover, that about two months
before the da|;e of their last petition, viz : on the thirty-first of March, 1847,
Jose 7 Romero had addressed a petition to the same Alcalde, representing
that some years before he had solicited a piece of land in the Canada de
San Ramon, and bordering upon lands of Don M. Castro, and that his Ex
cellency had ordered the lands of Castro to be measured, which had never
been done. The petitioners further stated that they were two brothers,
with a numerous family, and were without any piece of land whatever to
raise cattle ; they therefore begged the Alcalde to provide for them as soon
as possible, that they might retain and locate their stock. The Alcalde on
the fifth of April orders that the fulfillment of the superior order should be
at once proceeded to. The entry in the margina 1 order transmitted by
Jimeno was made on the Romeros' petition of the twenty-third of March,
and not on that of the twenty-eighth of May, above referred to ; for
it directs the measurement to be proceeded to on the ninth of April.
And, finally, on the twenty-seventh of December, 1847, K. H. Dimmick,
then Alcalde, makes an order in which, after reciting that disputes as to
the boundaries existed between the Romeros and Domingo Peralta, he
directs that the boundaries be established and adjusted in the manner
specified in the order of the Governor, dated twenty-third of March, 1844.
I have stated the contents of these various documents with some particu
larity, because an attempt has been made since the rejection of the claim
by the Board, to show by parol evidence that a final grant issued to the
Romeros, which has been lost. We have seen that the last document in the
expediente is the order of the Governor of the twenty-third of March, 1844,
adopting Jimeno's recommendation that a measurement should be made
before issuing the final grant, or even a provisional one, as solicited by
Romero ; and even then it does not seem that the grant was certainly to
be made, for Romero and Soto were to " present themselves," evidently for
the purpose of enabling the Governor to ascertain their respective rights.
Nothing further seems to have been done, either by the government or the
petitioners, until 1847. On the thirty-first of March of that year we find
the Romeros representing to the Alcalde that the Governor had some years
before ordered the land to be measured, which had not been done ; and that
they were without any piece of land whatever, and they beg the Alcalde to
provide for them. The Alcalde thereupon directs that th,e superior order of
March 23, 1844, be proceeded to. On the 28th of May, 1847, the Romeros
again petition the Alcalde, representing that as early as 1844, the Governor
Mexican Grants. 301
had sent to the Alcalde's Court an order requiring a measurement of the
land ; they therefore ask a testimonial of the reports and orders in his
office, "so that we may be granted the land." The Alcalde again directs the
superior order of March 23, 1844, to be complied with, and on the following
day a declaration is made before the Alcalde by Antonio M. Pico, that Don
J. Moraofa and Don L. Pacheco, the colindantes, had declared that for their
O '
parts the surplus of land which does not belong to them " could be granted
to the Romeros." And, finally, the deed from Romero to Garcia of January
15, 1847, expressly stipulates that botL the parties to it should remain sub
ject to the final result, " if the Governor grant it in ownership, and if the
contrary should be the case, then Garcia should lose equally with Romero
without reclamation." These documents appear to me to establish beyond
doubt that all action of the Government on the application of the Romeros
terminated with the order of March 23, 1844, directing the measurement as
an indispensable preliminary to a, grant, either final or provisional. That
during the year 1847, the petitioners made several attempts to have that
measurement effected, but apparently without success ; and that up to
December, 1847, neither they nor any one else pretended that the order of
March 23, 1844, was not the last act of the Government* in the premises.
["he parol testimony offered to prove that a grant issued will be briefly
adverted to. C. Brown swears that the Romeros have lived on the Rancho
since 1840, and that he always understood they had a grant. He does not
pretend to have seen it. James M. Tice swears that he has searched for
the title papers, but has been unable to find them. J. J. P. Mesa saw a
bundle of papers in Romero's hands on his return from Monterey, in 1844.
The bundle was not opened, but Romero said they were his title papers.
Le subsequently saw Micheltorena's order for the measurement of the land.
He does not pretend to have seen any grant. It is to be observed that
Mesa was examined before the Board, and did not mention this circum
stance ; and that he can neither read nor write. Inocencio Romero, who dis
claims any present interest in the land, swears that he had a grant ; that
he gave it to Mr. Tingley to be presented to the Board, and that since then
he has not seen it. He also states that the grant was made by Micheltorena
a short time after he arrived in the country, and that Arce, who was then
his secretary, delivered it to him. The expediente, however, shows that
Jimeno was the secretary, at least until March 23, 1844. And as it is clear
that at that date the grant was suspended until a measurement should be
made, the title papers seen by Mesa in the hands of Romero on his return
from Monterey in 1844, must have been the papers now produced.
The testimony of Mr. G. B. Tingley is the only evidence in the cause
which approaches proof that a grant issued. This witness swears that on
the trial of a suit between Domingo Peralta and the Romeros, a grant from
Micheltorena to the latter was produced in evidence ; that the petition was
302 History of Contra Costa County.
for a sobrante ; that the signatures were genuine ; and that one Sanford
took the papers, and he has never seen them since. On his cross-examina
tion he states that the papers produced were the original petition, and the
marginal order of reference an information signed by A. M. Pico, then a
decree of concession, and final a title in form, with a condition that the
grant should not interfere with the adjoining grants. If these papers were
produced, they must all, with the exception of the grant, have been pro
cured from the archives, for the petition, the informes, and the decree of
concession form part of the expediente which remains on file. That expe-
diente is in evidence in this cause, and contains no decree of concession
whatever, nor any draft or " borrador " of the formal title delivered to the
party, as is almost invariably the case where such a document issued ; on
the contrary, the last order of the Governor, in effect, refuses, as we have
seen, to grant the petition for even a provisional title until a measurement
was made, which clearly was not done until after December, 1847, if at all.
Besides, if all these papers were produced from the archives and were
delivered to Sanford, how does it happen that only a part of them were
restored to the archives, and are now produced ? Jose' Ramon Mesa, a
witness produced on the part of the United States, testifies that he was
present at the trial of the suit referred to by Mr. Tingley ; that no formal
title was produced by the Romeros, but only a provisional license to occupy,
subject to the boundaries of the neighboring proprietors, during the pen
dency of the proceedings to obtain a title. The witness further swore that
he heard Inocencio Romero state to Domingo Peralta, in reply to an inquiry
as to what title he had, that he had no title ; and that he had intended to
take steps to get one, but that all he had was a " provisional license." This
provisional license is in all probability the order made by John Burton,
Justice of the Peace, in April, 1847, on the margin of the Governor's order
of March 23, 1844, for the measurement of the land, and was in compliance
with Romero's petition to him of the thirty-first of March, 1847. The
Justice of the Peace directs that " the interested party will proceed to take
possession of the land, according to the order of the Government," etc. As
a copy of Jimeno's order, with this marginal entry of Burton's, appears to
have been furnished to Romero, and by him sent to Garcia, it is in all prob
ability the " license " referred to. It will not be pretended that any rights
could be conferred by such an order of an American Justice of the Peace in
April, 1847. The record of the suit between Peralta and the Romeros has
been produced. It contains no evidence whatever even tending to show
that a grant was produced at the trial. Antonio M. Pico, a witness pro
duced by the claimants, swears that he received an order from the Governor
to put the coterminous neighbors, Pacheco and Moraga, into possession of
their land, and to measure the same for the purpose of separating them
from those of the Romeros ; that he was directed by the same order to put
Mexican Grants. 303
the Romeros in possession of the surplus ; that he summoned the colindantes,
but they did not appear : that he did not then execute the order, but
repeated the summons to them ; that the Romeros made a complaint to the
Governor, and he, the witness, received from the latter a new order to carry
the former into effect, upon which he told the Romeros to go there which
they did in 1844. This witness explicitly states that no title to the land
in favor of the Romeros was ever exhibited to him. The orders referred to
by Pico are obviously those contained in the expediente. The first order
did not, as he supposes, direct him to put the Romeros in possession, but
only to measure the land and certify the result, "so that it might be
granted." Romero's complaint or petition to the Governor, stating the
failure of the alcalde to measure the land, and asking for a provisional grant,
we also find in the expediente, and also the second order of the Governor,
which, like the former, only directs the measurement of the land the Gov
ernor having, as we have seen, adopted Jimeno's recommendation that the
land should be measured, and Soto and Romero .should present themselves
before any grant should issue. On the parol proofs alone I should come to
the conclusion that Mr. Tingley is mistaken in supposing that a grant for
the land was ever produced. But the evidence afforded not only by the
expediente, but by the repeated declarations of the Romeros, themselves in
their various petitions and in the conveyance to Garcia, remove every pos
sible doubt on the question. The facts of the case are unmistakable. The
Romeros solicited land, which the Governor was disposed to grant. He
directed a measurement preparatory to making the grant, and this meas
urement never was effected. I cannot perceive how this Court can recog
nize these proceedings as giving any title to the lands. It may be admitted
that in 1844 they went upon the land, as stated by Pico though, if so, it
is singular that John Burton, Alcalde, should, in April, 1847, have ordered
" the interested parties to proceed to take possession of the mentioned lands,
according to the order of the Government." But this occupation, not
authorized, so far as it appears, by the Government, and only made in pur
suance of a verbal permission of Pico, and without the measurement of the
land, as required by both orders of Micheltorena, can hardly be deemed to
have conferred any title, either legal or equitable, upon the claimants.
The case is, perhaps, a hard one, for there seems no reason to sup
pose that the grant would have been refused if the measurement had been
made and Soto's rights had been found to have been forfeited. But no
grant, either perfect or inchoate, was made, nor any promise given that one
should be made. The petitions were favorably received, a provisional grant
refused, and a measurement directed. There the action of the Goverment
ended, and certainly such proceedings did not confer such a right of prop
erty in the land as this Court 'can recognize. The claim must be rejected.
(June Term, 1857.)
804 History of Contra Costa County.
ALICE MARSH, claiming the Rancho Los Meganos, Appellant, vs. THE
UNITED STATES. Claims for twelve leagues of land in Contra Costa county,
rejected by the Board, and appealed by the claimant. The claim in this
case is for a tract of land called " Los Meganos " granted to Josd Noriega,
October 13, 1835, and approved by the Territorial Deputation, October 15,
1835. The final documents and titulo issued December 2d of the same year.
The original grant was not produced to the Board, nor was any satisfactory
evidence of its contents given. The expediente, however, containing the peti
tion, informes and decree of concession, was found duly archived, and on these
documents, together with parol proof that the titulo had in fact issued, the
claimant relied for confirmation. In his petition, Noriega set out the
boundaries of the land solicited with some particularity, and states its ex
tent to be four leagues from south to north, and three from east to west.
Inasmuch as the decree of concession and the approval of the Deputation
showed that the lands of "Los Meganos" had been granted, it was contended
that the lost titulo must have embraced the land solicited in the petition.
It was not, however, urged that all the land embraced within the bounda
ries had been granted, and the claim was confined to a tract of twelve square
leagues, which had been, at the instance of the claimant, surveyed by the
Surveyor-General. By this survey, the last line which enclosed the Rancho
had been so run as to include the precise quantity of twelve leagues. Had
the Surveyor's lines been extended so as to embrace the entire tract accord
ing to the principles on which the survey was founded, the land would have
been found to be about fifteen square leagues in extent. A survey,
according to the description contained in the petition, would, it is observed
by Mr. Commissioner Felch, embrace some twenty or twenty-five square
leagues of land. Since the cause has been pending on appeal, the original
record of the titulo has been produced from the archives, where it is set out
at length. The fourth condition states the extent of the granted land
is to be a little more than three square leagues, and it contains the usual
direction for a judicial measurement and a reservation of the sobrante. It
is urged that this limitation should be disregarded as being repugnant to
the obvious intention of the grantor, and probably introduced by mistake.
It is not, perhaps, very clear what the claimant supposes herself entitled to ;
whether she contends that the grant should be treated as a grant by metes
and bounds, and the whole tract embraced within the boundaries mentioned
in the petition should be confirmed to her, to the extent of twenty or twenty-
five leagues, or whether, as it appears to have been admitted before the
Board, she should be restricted to the quantity of twelve leagues, according
to the survey procured to be made. It is presumed, however, that indepen
dently of the limitation contained in the fourth condition, it would not be
contended that the Governor could have intended to grant a tract of
twenty or twenty -five leagues in extent, when the petitioner himself stated
Mexican Grants. 305
it to contain only twelve leagues, and two of the witnesses a much smaller
quantity ; and such seems to have been the view taken of the grant by the
counsel for the claimant.
The grant cannot, therefore, be treated as a grant by metes and bounds,
and the only question is, which of the specifications of quantity shall gov
ern that contained in the petition or that contained in the grant ? It is
urged that the Governor by his decree of concession, and the Deputation
by confirming the title to " Los Meganos," clearly indicated their intention
to grant the tract as described in the petition, and of the extent therein
mentioned. Had the boundaries of this tract been found to embrace only
the quantity stated in the petition ; had the attention of the Governor been
particularly directed to the question of its extent ; had he been apprised of
its extent by the testimony of witnesses, and with these facts before him,
repeated in his concession, and in the title, the boundaries as set forth in
the petition ; and had the deputation confirmed with express reference to
those boundaries, we might have supposed, as in the case of Rosa Pacheco,
that the limitation in the condition was the result of a clerical error
provided that in attributing to the Governor the intention to grant by
metes and bounds, we did not suppose him to have exceeded the quantity
of eleven leagues to which his granting power was limited. But in this
case the proceedings show, that in all probability the limitation in the con
dition accurately expressed the intention of the Governor and of the
Assembly. The petition was referred to the Alcalde of the Capital to take
information, by the oaths of three competent witnesses, as to the qualifica
tions, etc., of the petitioner, and the extent and character of the land. One
of them states that the tract petitioned for may be three leagues long, and
in width from two leagues to less than one-half a league. The second wit
ness states its extent to be about two and one-half or three leagues in
length, and from one-half to two leagues in width. The third witness states
it to be four or five leagues in length, and three in breadth. It thus appears
that by the evidence of two out of three witnesses, the Governor and the
Deputation were apprised that the extent of the land of " Los Meganos "
was about three leagtes. When, therefore, they granted the land by that
name, it was at least as probable that they intended a tract of the extent
sworn to by the two witnesses, as of the larger extent sworn to by the
third, or as represented by the petition. The limitation in the condition of
the grant removes all doubt upon the subject, and unequivocally expresses
the intention which, without it, we might well have attributed to the gran
tor. The claim to twelve leagues rests entirely upon the supposition that
the Governor intended, by the term " Los Meganos," a tract of the extent
represented by the petitioner. But when we find him informed by the
depositions of two witnesses that the land of that name only included
about three leagues, there is surely as much reason to suppose that he meant
306 History of Contra Costa County.
a tract of the smaller extent as of the larger. There is. therefore, nothing
o 7 o
repugnant to the apparent intention of the Governor or the Deputation in
the introduction of the limitation of quantity in the fourth condition. Nor
can I perceive on what grounds the Court would be authorized to strike
from the grant so important a part of it. As the grant can in no case be
deemed a grant by metes and bounds, the words " a little more than,"
which precede the words " three leagues," are not susceptible of any definite
construction. They were probably inserted as an authority to the judicial
officer, slightly to increase the quantity for convenience of boundary, or
similar reasons. As no such discretion can be confided to the Surveyor-
General, those words must be rejected for uncertainty, and the claimant
confirmed to the precise quantity of three square leagues, to be located
within the boundaries described in the petition, in the form and divisions
prescribed by law for -surveys in California, and embracing the entire grant
in one tract. (December Term, 1857).
DECISION OF THE SECRETARY OF THE INTERIOR IN THE MATTER OF THE
SURVEY OF THE RANCHO EL SOBRANTE, IN CALIFORNIA.
DEPARTMENT OF THE INTERIOR,
Washington, February 23, 1882.
To the Commissioner of the General Land Office SIR : I have con
sidered, on appeal from the decision of your office of February 26, 1881,
the matter of the survey of the California private land claim known as El
Sobrante Rancho, situate in the counties of Contra Costa and Alameda, and
confirmed to Juan Josd and Victor Castro .by the Board of Land Commis
sioners and the United States District Court for the Northern District of
California, under the Act of Congress approved March 3, 1851 (9 Stats., 031).
Such facts, appearing of record in your offic*e, as are necessary to a pro
per understanding of the main questions presented for consideration, will
be stated as briefly as practicable.
On the 26th of May, 1852, the said Juan Josd and Victor Castro, by
their attorneys, H. W. Carpentier and John Wilson, filed in the office of the
said Board of Land Commissioners a petition in -which ihey set forth, among
other things, that on the 22d of April, 1841, they presented their joint peti
tion to Juan B. Alvarado, then Governor of Upper California, " for a grant
of all the vacant (sobrante) land lying between the Ranches San Antonio,
San Pablo, Pinole, Valencia, and Moraga, being the surplus or overplus left
between the said Ranchos after the boundaries to the Ranches " should " be
ascertained and settled ;" that "on the 23d of April, 1841, the said Alvarado,
so being Governor, and having full power and authority to do so, granted
the land as prayed for in the said petition," and directed the petitioners "to
appear anew before the proper authority with a map of the land so asked
* * * as soon as the boundaries of the Ranchos named in said petition
Mexican Grants. 307
* * * should be ascertained, regulated and settled ;" that they had
always been ready to comply with the direction of the Governor to present
themselves anew to the proper authority, with a map of the land thus con
ceded to them, but that the boundaries of the Ranchos named had not been
ascertained and settled ; that " the said Victor, several years before the date
of the grant, had settled upon the land so granted them, had built and re
sided in a house, and cultivated fields thereon ;" that both the petitioners
" pastured their, cattle, horses, etc., upon it," the land granted, " before the
grant was made," and had continued! to do so ever since ; that the said Vic
tor had " constantly since resided thereon," and had cultivated three differ
ent Ranches thereon, and had, for the last fourteen years (prior to presenta
tion of the petition to the Board), " had and held (and which was known
to the owners of the neighboring Ranchos mentioned in the grant * *)
exclusive and continued possession thereof ;" and the petitioners prayed
that they might " be allowed to intervene in the cases arising out of the
said Ranchos when the boundaries thereof " were to be investigated, so that
justice might be done them and they obtain " all the vacant (sobrante) land
lying between the said Ranchos after their boundaries are properly adjudged
and regulated," and that their grant might be confirmed and made valid to
them " according to the full intent of the grant at the time the same was
made." (Record of Petitions, vol. 1, p. 460, et seq., Land Commission of
California.)
On the same day, to wit, May 26, 1852, the Castros filed another peti
tion, in which they represented, as before, that they had petitioned for a
grant April 22, 1841, of "all the vacant (sobrante) land lying in between
the Ranchos of San Antonio, San Pablo, Pinole, the ranch of Valencia and
the ranch of Moraga, being the overplus lying between these several Ranchos,
which lie in the county of Contra Costa;" that on the 23d of April, 1841,
the Governor granted the same to them, " as they petitioned," and directed
them to " present themselves anew before the proper authority, accom
panied by a map of the land so granted, so soon as the boundaries of the
Ranchos named should be ascertained and settled ;.*'** but that the
boundaries of the said Ranchos" had never been ascertained and settled.
They therefore prayed the Board to ascertain and settle said boundaries,
and then they would comply with all their duty in the* premises. They also
stated that they would prove that they had been " in the actual possession
of said sobrante or vacant land so granted them ever since the date of the
said grant," and that they had " had on it a large stock of cattle, horses,
sheep, etc."
They further alleged that the grant had not been approved by the De
partmental Assembly, " because the boundaries of the adjoining Ranchos
had not been ascertained," and set forth other matters not necessary to be
stated here.
308 History of Contra Costa Co^lnty.
They again prayed the Board to confirm their claim, etc. (Il>., p. 634-5.)
Whether this petition was to amend the one first herein referred to, or
vice versa, does not appear ; but the two may be taken together as the peti
tion of the Castros to the Board of Land Commissioners.
It may be well here to state that about the year 1853, after said peti
tion to the Board was filed, and before the claim was confirmed, the county
of Contra Costa, in which the petitioners alleged their land to be situated,
was divided, and part of it included in the county of Alameda. There is,
consequently, no variance between the general location called for in the
petition as in Contra Costa county, and that in the Board's decree as in the
counties of Contra Costa and Alameda.
In support of their claim the petitioners introduced in evidence the
original petition and concession, or grant, and a translation thereof, which
translation was certified as correct by George Fisher, secretary to the Board.
This official translation of said petition and grant reads as follows :
PETITION.
To his Excellency, the Governor : The citizens, Juan Jose and Victor
Castro, natives of this Department, and residents within the jurisdiction of
San Jose de Alvarado, present ourselves before your Excellency in the most
proper and respectful manner, and represent that, being desirous of being
finally settled upon land of our own, for the purpose of devoting ourselves
to the labors of agriculture and the raising of cattle, in order by these means
to obtain the very necessary means of subsistence for our numerous increased
families, which is of such vital importance, we beseech your Excellency that
you will deign to grant unto us a piece of vacant land which is situate on
the immediate limits (inmediaciones) of San Antonio, San Pablo, Pinole,
the farm (rancho) of Valencia, and the farm of Moraga, which land is the
overplus (sobrante) of the ranches aforesaid.
Wherefore we humbly pray, etc. JUAN JOSE CASTRO,
VICTOR CASTRO.
MARGINAL CONCESSION OR GRANT.
MONTEREY, April 23, 1841.
As the parties interested petition for in this representation so the land
of which they make mention is granted unto them, they remaining under
obligation to present themselves anew, accompanied by a map of the land,
so soon as the boundaries of the neighboring land owners shall be regulated.
ALVARADO.
(Record of evidence, vol. 19, p. 107, Land Commission, California.)
Testimony was introduced to prove the genuineness of the grant, its
character, the settlement of Victor Castro thereon, the possession of the
Castros as alleged in the petition, and also some testimony concerning the
JAMES GAY.
Mexican Grants. 309
boundaries of the Peraltas' grant of San Antonio, and the case was submit
ted for decision, whereupon, on the 3d day of July, 1855, the following
opinion and decree were rendered by the Board of Land Commissioners :
OPINION.
No. 96 Juan Jose and \
Victor Castro, I F so i rante in fo e coim t y o f Contra Costa.
vs. C
The United States. )
The evidence 'n this case establishes the following facts : That the
petitioners presented their expediente for a sobrante of land lying between
Ranches named in said expediente, and in pursuance of said expediente,
Juan B. Alvarado, Governor of California, on the 23d day of April,
1841, issued a grant to the petitioners, and requiring them to report
a plat of the same as soon as the adjoining Ranches could be surveyed
and the extent of the sobrante ascertained, which survey has not been had
of said Ranches >o as to enable the petitioners herein to define with certainty
the boundaries of their said sobrante, and a large amount of testimony has
been taken for the purpose of settling the boundaries, which is rendered
inapplicable to the merits of this claim by the decision of the Supreme
Court of the United States in the case of Fremont.
The grant offered in evidence is proven to be genuine, and the proofs in
the case go to show that it was issued to the grantees in consideration of
services rendered to the nation and for supplies furnished for the use of the
Mexican Government.
We think this claim a valid one, and a decree will be entered confirming
the same.
DECREE.
Juan Jose' Castro and Victor Castro, 1
vs. V No. 96.
The United States. )
In this case, on hearing the proofs and allegations, it is adjudged by the
commission that the claim of the said petitioners is valid, and it is therefore
decreed that the same be and hereby is confirmed.
The land of which confirmation is hereby made is situated in the coun
ties of Contra Costa and Alameda, and is the surplus (sobrante) which on
tlie 23d day of April, A. D. 1841, the date of the decree of concession to the
present claimants, existed, lying between the tracts known as Ranches of
San Antonio, San Pablo, Pinole, Moraga, and Valencia, reference being had
to the original expediente on file in this case. (Record of Decisions, vol. 3,
pp. 106 and 107, Land Commission, California.)
The case was taken to the proper United States District Court, as pro
vided in section 9 of the Act of 1851, above referred to, and such proceedings
310 History of Contra Costa County.
were had before, and decree entered by the Court as made the decree
entered by the Board the final decree in the matter.
The contest now here on appeal arose over a survey of the claim thus
confirmed, which was executed by Deputy Surveyor William Minto, in 1878,
under contract with the Surveyor-General of California, approved by
your office. The field notes of the survey were returned to the Surveyor-
General's office August 26, 1878, and from them a plat was made, after
which, in September and October, 1878, notice'of the execution of the sur
vey and plat was duly published under Section 1 of the Act of July 1, 1864,
(13 Stats., 332), and the survey and plat were retained in the office of the
Surveyor-General for inspection, as required by law.
Many objections to the survey, protests against the surveying of the
claim as demanded by the owners thereof, and interventions in the case
were filed, some before and others after the period of ninety days from the
first publication of notice had expired ; and thereunder a vast amount of
testimony was introduced before the Surveyor-General, which was forwarded
with the appeal. It is unnecessary to pass upon the status of the various
objectors, protestants, intervenors, or to specify those who appeared in time
and showed such interest as entitled them to be heard, and to dismiss the
proceedings of all others, under the rule laid down by the Department
May 28, 1879, in the matter of the survey of the Kancho El Corte de Madera
del Presidio (Copp's L. O., vol. 6, p. 52), for the reason that the case is
appealed by parties having a proper standing therein, who have raised every
point, it seems to me, that the circumstances of the case admit, or that
arises in the case.
I need not further recite connectedly the history or facts of the case,
enough having already been stated to develop the principal questions in
volved ; but such other matters of record in your office as shall seem proper
to be considered will be referred to and discussed as occasion may require.
It is proper here to state my reasons for not using and discussing the
testimony of witnesses taken before the Surveyor-General. I have not
done so for the reason as to one branch of the case no such testimony is
admissible, and as to the other, from my view of the case, none of it is
needed. The explanation is this : The decree is said to be ambiguous.
Now, if there is a patent ambiguity, it cannot be explained by testimony
unless the terms used are wholly indefinite and equivocal, and convey on
their face no certain or explicit meaning, and the decree itself furnishes no
materials by which the ambiguity thus arising can be removed. In such a
case, rather than the claim which has been adjudicated upon the principles
of equity (Sec. 11, Act. of 1851, 9 Stats., 633), should entirely fail, the light
of intrinsic evidence may be brought in to ascertain the intention of the
Board. But, in my opinion, the decree is not in such a condition. I
think that any patent ambiguity in the expressed decree can be explained
Mexican Grants. 311
by reference to such matters, as, under the rules of interpretation applicable
to this case, may properly be examined for that purpose as a part of the
decree. It follows, therefore, that any ambiguity appearing upon the face
of the decree itself must be removed by construction and not by averment,
and hence upon this branch of the case the testimony aforesaid is inad
missible.
The latent ambiguity of the decree can, in my opinion, be sufficiently
explained by the records of your office or those of the Surveyor-General's
office, and therefore the testimony of witnesses was not, and is not, needed
in this case. In other words, that which was confirmed by the decree of
the Board can be so surveyed as to do substantial justice from light afforded
by the records of the land department, and no testimony dehors the records
would make the matter more certain.
The decree of confirmation in this case is final and conclusive as between
the United States and the Castros, or those claiming under them. If there
were error or mistake in it the only remedy was by appeal. The appeal
from the decree of the Board having been dismissed by the District Court,
the decree must forever stand as the court thus made and left it. There is
no authority or jurisdiction in any tribunal to correct, alter, amend, or an.,
nul it. Nothing remains to be done except to execute it according to its
true intent as the law provides. If it is ambiguous and requires construc
tion, then this must be done under the rules of the common law. The de
cree must serve as the guide to the Surveyor-General in making a survey
in execution of the same. It is the duty of the Commissioner of the Gen
eral Land Office to see to it that the survey conforms as nearly as practi
cable to the decree, and finally, the Secretary of the Interior, by virtue of
his supervisory powers and appellate jurisdiction, has authority to review
the action of the Commissioner in the premises and direct how the survey
shall be made. Each of these several propositions of law will be found
fully sustained by some one or more of the following authorities : Higueras
vs. The United States (5 Wall., 827, 828, 830, 832, 834) ; United States vs.
Halleck (1 Wall., 439) ; United States vs. Billings (2 Wall, 444) ; the- Fos-
satt case (ibid., 649) ; United States vs. Fossatt (21 How., 447) ; United
States vs. Sepulveda (1 Wall., 107) ; 12 Opins. Attorneys-General, 250 ; Sny-
der vs. Sickels (8 Otto., 203) ; sections 13 and 15, act of 1851, 9 Stats., 633,
634 ; sections 1, 6, 7, act of 1864, 13 Stats., 333, 334 ; section 1, act of 1812,
2 Stats., 716 ; section 1, act of 1836, 5 Stats., 107 ; section 3, act of 1849, 9
Stats., 395 ; section 453 Revised Statutes ; and decisions of this Department
of March 3, 1881, in the matter of the survey of the pueblo lands of San
Francisco, and of May 21, 1881, in the matter of the survey of the Rancho
San Jacinto Nuevo y Potrero.
It has been contended in argument by some of the able counsel that the
claim of the Castros was not such as, according to the decision of the
312 History of Contra Costa County.
Supreme Court in numerous cases, should have been confirmed; because the
paper constituting the petition and concession was in the hands of the Cas-
tros until the organization of the Board of Land Commissioners, and until
it was filed in the office of the Board ; because there was no map accom
panying the petition, no reference by the Governor of the petition for in
formation, no report upon the petition by any government officer, and the
grant was not made matter of record in the archives of the Mexican Gov
ernment ; and hence, that the only title to consideration which the claim
has is the decree of confirmation. For these reasons it is contended that, as
to the claim, the construction of the decree should be strictissimi juris.
Others contend that the doctrine applicable to public or legislative grants
should be applied in construing this decree ; that it should be strictly con
strued as against the confirmees. On the other hand, counsel for claimants
contend that the doctrine above mentioned does not apply to decrees, espe
cially not to a decree under the Act of 1851, founded upon the principles
of equity, and that as to such a decree the doctrine of liberal or equitable
construction should be applied.
As to the first point, it is only necessary to say that the tribunal created
by law to execute the decree cannot go behind it. The presumption is that
the Board and the United States District Court did their duty in the premi
ses, and adjudicated the case upon the laws and principles by which they
were required to be governed as provided by section 11 of the said Act of
1851, and hence, that the decree is valid and binding upon all parties
thereto. Therefore, if construction is necessary, the decree must be con
sidered as entitled to the same respect and consideration as any other final
decree of confirmation under said act.
As to all the foregoing propositions it may be said that the decree must be
executed according to its true intent and meaning, and that construction
should not be employed to any other end.
Sedgwick, in his work upon Construction of Statutes, etc., after having
examined many decisions of courts bearing upon the subject of strict and
liberal construction, concludes a long chapter by giving the judiciary and
the legal profession, in the form of rules, the benefit of his extended re
searches, from which I make the following quotations :
" The intent of the legislature should control absolutely the action of
the judiciary ; where the intention is clearly ascertained, the courts have
no other duty to perform than to execute the legislative will, without any
regard to their own views as to the wisdom or justice of the particular
enactment.
" The idea that an act may be strictly or liberally construed without re
gard to the legislative intent, according as it is viewed either as a penal or
remedial statute, either as in derogation of the common law or beneficial
innovation, is, in its very nature, delusive and fallacious.
Mexican Grants. 313
" In cases where the intent of the legislation is ambiguous, and the effort
to arrive at it is hopeless, and in these cases only, does the power of con
struing a statute strictly or liberally exist." (Sedgwick on the Construction
of Statutory and Constitutional Law, 325 and 326.)
The Supreme Court of the United States, in discussing the doctrine of
strict construction as applicable to legislative grants, held that the grant
being considered by them could not extend beyond the intent it expressed ;
that
" It should be neither enlarged by ingenious reasoning, nor diminished
by strained construction. The interpretation must be reasonable, and such
as will give effect to the intention of Congress. This is to be ascertained
from the terms employed, the situation of the parties, and the nature of
the grant. If these terms are plain and unambiguous, there can be no diffi
culty in interpreting them ; but if they admit of different meanings one
of extension, and the other of limitation they must be accepted in a
sense favorable to the grantor." (Leavenworth, etc., R. R. Co. vs. U. S., 2
Otto, 740.)
The harmony between the doctrine expressed by the Court and that re
ferred to above is at once apparent. Both agree that the intention must
prevail, but when the terms employed are so ambiguous as to render it
impossible to ascertain the intention of the framers of the act, then the
doctrine of strict or liberal construction may be applied according to the
nature of the case. The Supreme Court, in the particular case, held that
when the terms admitted of different meanings, one of extension and the
other of limitation, they must be accepted in the sense favorable to the
grantor. The Court supposed a case wherein it was hopeless, from the
ambiguity of the terms employed, to arrive at the intent of the legislature,
in which case it was authorized to employ the doctrine of strict construc
tion as to the grantee, or to take that meaning which was favorable to the
grantor. A meaning of extension and another of limitation are certainly
diametrically opposed to each other, in which case one could be taken to
the exclusion of the other. But where no such condition of affairs exists
where the intent can be reasonably ascertained from the whole act or in
strument being interpreted then there is no choice left, and the intent
must govern.
In this connection it may be well to advert to the fact that the decree
refers to " the original expediente and grant on file in this case." That
instrument, therefore, may be read with the decree as a part of it (Sedg-
' wick on Construction, &c., 2d edit., 229 and 230 ; and Broom's Legal Maxims,
7th edit., 673 et seq., and the numerous cases cited therein) ; not, however,
for the purpose of opening anew any question adj udicated by the Board and
District Court, nor for giving to the instrument referred to any other con
struction or force than that given by the Board and Court, as expressed in
21
314 History of Contra Costa County.
their decree ; hence, not for the purpose of changing the meaning of terms
that are clear and unambiguous in the expressed decree, but only to explain
any ambiguity in the decree itself, (U. S. vs. Halleck, 1 Wall, 455; decision
of this Department of May 21, 1881, in matter of survey of Rancho San
Jacinto Nuevo y Potrero). Wherein the decree, on its face, is clear so far
as it relates to the subject matter or the original petition and grant, it must
be held t<5 be the construction of the Board and Court upon those instru
ments, which cannot be questioned here. Furthermore, in referring to the
petition and grant in this decree, we can only look to the official translation
thereof; we cannot take any other translation, and by it undertake to
explain any dubious expression of the decree. The Board had the services
of a Secretary " skilled in the Spanish and English languages," a part of
whose duty it was to act as interpreter to the Board, as the law provided.
(Sec. 1, Act of 1851, 9 Stats., 631). The Secretary certified the translation
of the petition and grant above given to be correct. The Board and the Dis
trict Court gave consideration to the petition and grant, and adjudicated
the case in view of that official translation. It follows, upon reasons too
apparent to require explanation, that the expert testimony of witnesses
before the Surveyor-General, giving a different translation to some of the
words in the original petition and concession than that certified by Secretary
Fisher, is wholly inadmissible, and that all efforts to inject into the case now
any other translation than that which the Board and Court adopted, must
fail.
The points raised by the objectors, protestants, etc., are very numerous,
and need not be recited here. They are all, in some way, embraced in the
three following general questions or propositions :
First. It is contended by the owners of the grant that the decree con
firmed to them all the land within the exterior boundaries of the five
Ranches named as colindantes, which should be left or result as surplus
upon the final survey of said Ranches ; that their grant is not limited,
except as by the exterior boundaries of said Ranches and their finally sur
veyed limits, and therefore that the locative call in the decree for land
" lying between the tracts known as Ranches of San Antonio, San Pablo,
Pinole, Moraga, and Valencia " should be disregarded in making a survey
under the decree.
Second. Some of the contestants insist that the claim confirmed was a
piece of vacant land, never within the exterior boundaries of the five Ranches
referred to, nor any of them, but outside thereof and bounded by them.
Third. Other contestants admit that the land confirmed was surplus of
said five Ranches, or some of them, but insist that it must, from the terms of
the decree, lie between those Ranchos as finally surveyed, in the sense of
being surrounded or partly surrounded and bounded by them.
Mexican Grants. 315
The better to understand the situation, a short explanation of the loca
tion of the five Ranchos mentioned is necessary.
The San Antonio Rancho has the Bay of San Francisco for its western
boundary, the ridge of the Coast Range mainly for its eastern boundary,
and extends from a small stream called the Cerrito creek, on the north, to
the San Leandro creek, on the south, a distance of about twelve miles. This
was a grant by specific boundaries, and was surveyed and patented as such.
To the north and northeast of San Antonio, at a distance of about five
miles, is the Rancho El Pinole. This, as confirmed, surveyed and patented,
was a grant of quantity within larger exterior boundaries. The calls for
the exterior boundaries of this grant were natural fixed objects, leaving no
uncertainty as to the lines thereof.
San Pablo was a grant of quantity to be located within the boundaries
mentioned in the grant, which were the Ranchos of San Antonio, El Pinole,
and the Bay of San Francisco ; the southeastern boundary being thus neces
sarily uncertain.
To the east of San Antonio, southeast of San Pablo, and south of El
Pinole, was the Rancho of Valencia, called Acalanes. It was a grant of
quantity, to be measured within the general boundaries mentioned in the
grant as San Pablo, San Antonio, and El Pinole.
South of the Acalanes and east of San Antonio was the Moraga Rancho,
called Laguna de los Palos Colorados. It was a grant of quantity, to be
measured within the exterior boundaries described in the Governor's formal
grant, which virtually, though not expressly, called for San Antonio and
Acalanes as colindantes.
The foregoing brief explanation, and the connected map prepared by the
Surveyor-General in compliance with telegraphic order from your predeces
sor of October 24, 1878, from data on file in his office, which map was cer
tified by the Surveyor-General November 22, 1878, or the map subsequently
substituted therefor by the Surveyor-General, will give a tolerably correct
idea of the country occupied by said Ranchos, and their relative situation
both as regards their exterior and their finally surveyed boundaries ; but as
to a part of the exterior boundaries there is some question as to their being
accurately delineated on said maps, which will be discussed hereafter.
It will be seen that a large tract of land is left nearly surrounded and
bounded by said Ranchos as finally surveyed and patented, in addition to
which there were numerous other smaller tracts excluded by final surveys,
not surrounded by nor lying between said Ranchos, but within the exterior
limits of some of them, most of said tracts being entirely disconnected with
the large tract and with each other, and scattered about in various parts,
mainly on the outskirts of the general tract embraced by the exterior
boundaries of the five Ranchos mentioned in the decree.
Your predecessor, having decided that the decree confirmed to the
316 History of Contra Costa County.
Castros all the surplus land of the Ranches aforesaid that is, all the land
within their exterior boundaries excluded by final survey 1 and that the
said Ranchos were coterminous as to their exterior boundaries in the central
portion in the general tract embraced by them all, set aside the Minto sur
vey, and directed a new survey to be made, which should include not only
the large tract nearly surrounded by the Ranchos as finally surveyed, but
all the other tracts excluded from the final surveys, limiting his award only
by the quantity of twenty-two square leagues.
In this, it seems to me, your office did not follow the decree of confirma
tion, assuming that the tract confirmed was surplus of some of the said
Ranchos resulting upon final survey thereof.
The error in the decision proceeds from premises, which, to my mind,
are not supported by the relevant facts and the law of the case, to wit,
first, that the word " sobrante," as used in the grant and decree of confirma
tion necessarily meant all of the sobrante of said Ranchos, and could not be
limited by the words designating the particular location of the sobrante,
nor by the words designating it as a piece one piece of land; and,
secondly, that it was a grant by name of the sobrante, and hence included
all of the sobrante.
It cannot be maintained upon general principles that power was wanting
in the Governor to grant, or in the Board and Court to confirm, as sobrante
any portion of the surplus of grants of quantity, and define its location and
boundaries. As a matter of fact the records of your office will show that
more than one such grant has been made of the sobrante of a single grant,
and the grants thus made have been confirmed and patented accordingly.
Now, that the tract confirmed in this case, admitting it to be sobrante
of some of the Ranchos mentioned in the decree, was limited, seems clear
to me, and that the surveyor has no authority to locate or survey any land
in any other locality than that mentioned in the decree cannot be success
fully questioned. In view of the authorities hereinbefore mentioned no
one will deny that the decree of confirmation must be the guide in making
the survey, or that the surveyor must follow it. In the United States vs.
Fossatt (21 How. 449), the Supreme Court, in speaking of the powers and
duties of the Board and Courts under the Act of 1821, said :
"But, in addition to these questions upon the validity of the title, there
may arise questions of extent, quantity, location, boundary, and legal opera
tion, that are equally essential in determining the validity of a claim."
This doctrine was re-affirmed in the Fossatt case (2 Wall., 707). In
United States vs. Sepulveda (1 Wall., 107 and 108) the Court said :
"It is true, for the determination of the validity of claims presented,
some consideration must have been had of their extent, location, and bound
aries. The petition of the claimants must necessarily have designated, with
more or less precision, such extent and location."
Mexican Grants. 317
In the light of these decisions no one can consistently say that the Sur
veyor-General, your office, or this Department can disregard the words of
the decree that point out the locus of the land confirmed, in making or
directing a survey thereof. The decree recites that the land of which con
firmation is thereby made " is the surplus (sobrante) which, on the 23d day
of April, A. D. 1841. * * * existed lying between the tracts known as
Ranches of San Antonio, San Pablo, Pinole, Moraga, and Valencia."
Is it possible that any land that does not lie between those Ranches can
be surveyed under this decree ? By what authority can the Survey or- Gen
eral look for land under this decree, except in that locality?
But the Commissioner suggests that the words " lying between," etc.,
constitute a false description of the land, and that it grew out of the
mistaken meaning of the words " en las inmediaciones," in the petition for
the grant, which he says were carelessly taken to be translatable by the
word " between ;" and he further says that the Board did well to refer for
greater certainty to the original grant.
The answer to this has already been anticipated. The Board having
thus translated and interpreted the grant, there is no tribunal that has the
power to change it. Certainly it does not lie with the claimants to object
to the translation, for the record shows it to be their own, notwithstanding
it was adopted as the official translation. The regulations of the Commis
sioners, found in journal, vol. 1, p. 24, required every claimant to accompany
his petition " by a copy of the original grant and a translation," and the
petition of the Castros shows that this regulation was complied with, and
the records do not show that said copy and translation were rejected or
objected to. Unless the Board was to adopt the translation, if found correct,
there was no object in requiring it to be filed.
But the idea that there is repugnance in the language of the grant and
that of the decree on this point is not well founded. Referring to the offi
cial translation of the petition and grant, it will be found that the Castros
petitioned for " a piece of vacant land which is situated on " (not " in " as
the Commissioner has it) "the immediate limits (inmediaciones) of San
Antonio," etc., "which land is the overplus (sobrante) of the ranches aforesaid."
Here we find that this tract must be "on the immediate limits of" the
said Ranches. Now, from the very meaning of these words, taking the
actual situations of the grants named, the land must lie between them all
in the sense of being surrounded, or partly surrounded, and bounded by
them. The word " immediate," as here used, means " not separated in
respect to place by anything intervening." (See any standard dictionary.)
It was one tract that was granted and the same tract was confirmed ;
and it was not a tract of land, vacant or otherwise, that surrounded all these
Ranches and bounded their outer limits. The bays of San Francisco and
San Pablo and the strait of Carquinez put an end to such an idea, even if
318 History of Contra Costa County.
the absurdity of the proposition in itself does not. Where else, then, than
in the midst of these Ranchos can a tract of land be found that can lie on
the immediate limits of each and all of the Ranchos named in actual contact
with all of them. There is not the slightest repugnancy between the
description in the grant and that of the decree, so far as the words " lying
between " are concerned.
But it is urged the word " between " can refer to but two objects, and
hence was not the proper expression to use to convey the idea above expressed.
Perhaps in a literal, narrow sense this may be true ; but a definition is given
it in dictionaries like this, "in the immediate space of;" "having mutual
relation to two or more of;" in fact, the word is quite commonly used with
respect to more than two persons or things, as " between us, to go no further,
I will tell you something," the pronoun " us " embracing, perhaps, twenty
individuals. But, " qui hcvrret in litera hceret in cortice." Such verbal
criticisms as are indulged in upon the words " lying between," as used in the
decree, are of little value in the interpretation of written instruments. The
well-known general and comprehensive rule for the interpretation of writ
ten instruments is that where the intention is clear, too great a stress should
not be laid on the strict and precise signification of words. One who will
consider for a moment what other word can be found to describe the locality
of a tract of land surrounded, or nearly so, by a number of Ranchos, will
soon discover that no form of expression in the English language is better
adapted briefly but clearly to define its location than that it lies between
them. But if their could be any doubt as to what the Board meant by the
use of the words " lying between," in the connection in which they were
employed, it would be at once resolved by reference to the petition and
grant, as has already been demonstrated.
Suppose, however, that the petition and grant did not make clear the
terms in the written decree, and that the Department were required to look
beyond them, then I should turn to the Board's finding of facts in the opin
ion preceding the decree. The Board there says that the evidence establishes
the fact that the petitioners presented their expediente for a " sobrante "
of land " lying between Ranchos named in said expediente." If this were
not satisfactory, then I should read the petitions of the Castros to the
Board. In the first one they describe the land as " lying between " the said
Ranchos, and, as if to leave no room for doubt as to what they really meant,
in their other petition to the Board they describe it as " lying in between "
said Ranchos. No one knew better than the Castros where the land was
for which they petitioned. Now, with this expression, so oft-repeated, it
seems to me that no other locality than the intervening space inclosed (or
partially inclosed) by all these Ranchos, could be sought for the location of
the piece of land confirmed, even if the original grant did not so effectually
settle the question.
Mexican Grants. 319
But there is no confusion in the decree about this matter. The meaning
of the Board and Court as to the locality of the land is plain, especially
when the papers referred to in the decree are read.
It is hardly necessary to say more on this point. The mere mention of
the rule, which is applicable to this decree as well as to other written in
struments, that the whole instrument must be construed together, so that,
if possible, every part shall stand, that no words are to be rejected as mean
ingless and none interpolated or added, would perhaps have been sufficient
to answer all that has been said in favor of the rights of the owners of El
Sobrante to have other land surveyed than that found to lie between the
five Ranchos in the sense in which the Board clearly employed the word
" between," that is, within the surroundings of the five Ranchos ; not between
any two, or three, or four of them, but between all of them.
Whatever the land- may be, whether an independent, vacant tract (vacant
in the sense of never having been included within the exterior limits of
any of the Ranchos named) or vacant surplus land (sobrante, in the sense of
having been included in some of the exterior boundaries named in the
grants, and vacant in the sense of being subject to grant), it must be found
in the locality designated in the decree as above defined.
I am supported in this view by the Supreme Court of California. In
the case of Tewksbury vs. Derosier, decided November 11, 1881, (The Pacific
Coast Law Journal, vol. 8, No. 17, p. 683,) the Court, speaking of this very
decree, said :
" The confirmation of El Sobrante was of lands ' lying between the
tracts known as Ranchos of San Antonio, San Pablo, Pinole, Moraga, and
Valencia.' The lands in controversy are not between the Ranchos above
named, or any of them. On the contrary, they are on the shore of the Bay
of San Francisco, and between it and the Rancho San Pablo. They are not
even in the vicinity of any of said Ranchos, unless it be the Ranchos San
Pablo and San Antonio."
The land in question before the Court, and of which the Court was
speaking, is one of the tracts which your office directed to be included in
the new survey.
After so much has been said, it is hardly necessary to discuss the propo
sition that this is a grant by name. Surplus is undoubtedly a name, be
cause it is a noun, but it was not a proper noun as used by the Castros in
their petition. There is nothing in the case to show that it was ever the
name of this Rancho at or before the date of this grant. Sobrante means
in English surplus or overplus. The three words mean the same. There
is probably no foreign word that can be translated into our English with
more exactness of definition than the Spanish word " sobrante " by the
English word " surplus." If the Board in its decree had put in parenthesis
the word " overplus," instead of " sobrante," after the word " surplus," the
320 History of Contra Costa County.
decree would have meant exactly what it does now, each word being the
exact equivalent of the other. The use of the word " sobrante " in paren
thesis simply shows that the Board translated it by the word " surplus."
The Castros asked for vacant, surplus land.
Whether surplus of vacant public land left in the general tract occupied
by the five Ranches outside of and defined by their exterior boundaries, or
of that which should remain within the exterior boundaries, after the quan
tities of said grants should be surveyed, will be determined next in order.
They did not ask for a place known by the name of Surplus, or Lo So
brante, or El Sobrante ; but for a piece of vacant, surplus land. That is
all the name the Rancho had. That does not fill the well-known definition
of a Mexican grant, by name of the place granted, nor the old common law
case or illustration of " Black Acre."
The second proposition above set forth presents' more difficult questions
than the one just disposed of.
The expressed, recorded decree describes the land confirmed as the
surplus "which, on the 23d day of April, 1841; the date of the decree of
the concession to the present claimants, existed, lying between the tracts
known as Ranches of San Antonio, San Pablo, Pinole, Moraga and Valencia."
The Supreme Court of the United States has, in several instances, de
scribed the different kinds of grants which could be made under Mexican
law and regulations by governors of the Department of California, thus :
1st, grants by specific boundaries where the donee was entitled to the entire
tract described ; 2d, grants by quantity, as of one or more leagues situated
at some designated place, or within a larger tract described by out-bounda
ries, where the donee was entitled out of the general tract only to the
quantity specified ; and, 3d, grants, or places by name, where the donee was
entitled to the tract named according td the limits, as shown by its settle
ment and possession, or other competent evidence. (Higueras vs. U. S., 5
Wall., 828; Alviso vs. U. S., 8 Id., 339 ; and Hornsby vs. U. S., 10 Id., 224.)
The claim of the Castros, having been decreed to be valid, should belong
to one of the kinds of grants thus defined. It is clear upon the face of the
decree that it was not a grant of quantity nor one of place by name. It
therefore necessarily falls into the category of grants by boundaries ; and
as no calls are given for boundaries, except the five Ranches named, it must
be limited by their boundaries and lie between them all. If this be not so,
then, although confirmed as valid, the claim is void for uncertainty.
In United States vs. Fossatt (21 How., 449), the Supreme Court said
that " in affirming a claim to land under a Spanish or Mexican grant to be
valid within the law of nations, the stipulations of the treaty of Guadalupe
Hidalgo, and the usages of those governments, we imply something more
than that certain papers are genuine, legal and translative of property. We
affirm that ownership and possession of land of definite boundaries right-
Mexican Grants. 321
fully attach to the grantee." See also Fossatt's case (2 Wall., 707), and
United States vs. Sepulveda (1 Wall., 107 and 108). In United States vs.
Grimes (2 Black, 613), the Court, speaking of the duty of the Land Com
missioners under the Act of 1851, said : " It is their duty to establish the
boundaries as well as the validity of the Mexican grant as between him
(the grantee) and the Government." The Board and Court, then, had power
to fix the boundaries as they did.
Now, the presumption in favor of the validity of the decree, and that
the Board and Court performed their duties under the law, forces the con
clusion that the decree in some manner indicates the boundaries of the
claim with more or less certainty, which in executing it must be ascertained
with reasonable exactitude ; for not to ascertain them would render that
void which the Board and Court have affirmed to be valid ; hence the decree
must be construed, if possible, so as not to make void that which has thus
been affirmed as valid, whether the construction be as to patent or latent
ambiguity. In doing this, so far as ascei^taining the boundaries is con
cerned, that which is certain should be preferred to that which is uncertain.
Now, as regards these boundaries, the expressed decree seems to be am
biguous, but the ambiguity is mainly latent, and, wherein it is so, it may
be explained by matters dehors the decree or the documents referred to
therein.
While there may be no uncertainty as to the ordinary meaning of the
word "surplus" or "sobrante," yet, when applied to land, it seems to me
that it may embrace lands differing in condition or status, although it is
strongly maintained that it cannot. The ordinary definition of " surplus "
is that which remains when use is satisfied ; excess beyond what is pre
scribed or wanted overplus. Now, was the land confirmed surplus of
vacant public land which was left of the general tract out of which the
said five Ranchos were to be satisfied, and which was never within the ex
terior boundaries mentioned in the Governor's grants of the said surround
ing Ranchos, and bounded by their exterior boundaries ; or was it surplus
of those Ranchos, or of any of them that which should remain of the larger
tracts when the quantity to which the donees were severally entitled should
be satisfied bounded by said Ranchos after they should be measured off
and segregated ?
The decree does not clearly state of what the land confirmed was sur
plus. But it is insisted that what here may appear to be ambiguitas latens
and subject to explanation by extrinsic evidence is explained by subsequent
terms in the decree, and no other evidence is admissible ; that wherein the
decree describes the surplus as that " which on the 23d day of April, A. D.
1841, existed, lying between the tracts known as Ranchos of San
Antonio," etc., the Board and Court necessarily meant a tract of vacant
public land, in the sense of lying without the exterior boundaries named
322 History of Contra Costa County.
by the Governor in the grants of said tracts, and hence surplus of the gene
ral tract of public land out of which the several Ranches mentioned were
taken, and bounded by their exterior boundaries ; that in describing the
land as surplus, which existed in 1841, lying between tracts known by the
names mentioned, those tracts must have had known boundaries, and that
a grant of quantity which might be located anywhere within the exterior
limits mentioned would not have been referred to as a kno^un tract.
But it will be seen that these subsequent terms necessarily lead for ex
planation and certainty to matters outside the decree itself. To ascertain
what surplus existed in 1841, we certainly must look to matters not set
forth in the decree. Were the Ranches mentioned grants from the Mexican
Government ? Were they completed grants ? Were they grants by names
of places, or by specific boundaries, or of quantity within larger exterior
limits ? If of quantity, had they been set off and segregated ? If not,
what were their exterior boundaries ? These and divers other necessary
questions are not answered by the decree, and the decree itself necessarily
refers us to extrinsic matters. This is latent ambiguity, and the decree is
by no means peculiar in this respect.
It is well settled that even the instruments referred to in the decree
cannot be read to vary the natural import of the language used, if there be
no uncertainty therein, nor to control the description of boundaries that
are certain and free from ambiguity, but only to explain an ambiguity (U.
S. vs. Halleck, 1 Wall., 455 ; decision in San Jacinto Nuevo y Potrero, above
cited), and the same may be said of all extrinsic evidence resorted to.
Now, looking at the petition and grant referred to in the decree we
find that the Castros petitioned for " a piece of vacant land which is situated
on the immediate limits (inmediaciones) of San Antonio, San Pablo, Pinole,
the farm (Rancho) of Valencia, and the farm of Moraga, which land is the
overplus (sobrante) of the Ranches aforesaid." Here we find the land de
scribed as both " vacant " and " sobrante ;" but in terms as sobrante of the
Ranches mentioned in the petition. What is meant by the word " vacant "
as used in the petition ? Does it mean land that was vacant in the sense
of not being or having been within the exterior limits of any df the Ranches
mentioned, or vacant in the sense that it was not occupied by any of the
grantees of the said Ranches, nor claimed as being included in the quantit}
to which they were respectively entitled and hence subject to grant ? It
would appear from the further description thereof, " which land is the over
plus (sobrante) of the Ranches aforesaid," that the latter was meant.
The Governor granted to the Castros the land of which they made men
tion in the petition, and by no other description than that which they had
employed, holding them " under obligation to present themselves anew, ac
companied by a map of the land, so soon as the boundaries of the neighbor
ing Ranches should be regulated."
Mexican Grants. 323
It would appear from this that the boundaries by which the tract was
to be defined were not then fixed and certain, and that the lines of the
neighboring Ranches had not then been regulated.
As has been explained, San Antonio was a grant by boundaries, which
were as certain then as now ; but San Pablo, Pinole, Acalanes, and Laguna
de los Palos Colorados were grants of quantity, which quantity had not
been segregated in 1841. Enough appears in the records of the Land Com
missioners to show that as San Pablo and Acalanes were claimed and occu
pied in 1841, there was land in the locality named by the Castros, which
would not be taken to satisfy the quantity to which these grants were re
spectively limited.
The establishment of the Castros, owners of San Pablo, was on the part
of the Rancho adjoining the bays of San Francisco and San Pablo, and that
of Valencia was considerably east of the western exterior boundary of the
large tract. It was well known that there was more land lying between
these Ranches as thus possessed than would be required in satisfying the
quantity to which the respective donees were entitled. The northern limit
of Moraga's Rancho would not interfere with this sobrante. The bounda
ries of San Antonio and the exterior boundaries of Pinole, as defined in the
grant in 1842, were natural objects ; and if surplus was thrown off of neither
of them there would still be a large tract between them, surplus of San
Pablo and Acalanes. Now, if all the exterior boundaries of San Pablo,
Acalanes, and Moraga's Rancho were clear, then there would have been no
difficulty in presenting a map of the sobrante asked for, if it was composed
of a tract bounded 'by the exterior boundaries of the five Ranches mentioned.
But it does not appear that it was customary to regulate exterior bounda
ries of grants of quantity in the sense of establishing them permanently
Consideration was, of course, to be given them, so far as to locate the quan.
tity granted within them ; but I think it cannot be questioned that the
boundaries to be regulated were such as defined the quantity of the land
actually granted, and remained as the boundaries of the land to which the
donee was legally entitled under the grant.
This seems to be the view taken by the Board and the Court ; for in the
finding of facts the Commissioners say that Alvarado issued a grant to the
petitioners " requiring them to report a plat of the same as soon as the
adjoining Ranchos could be surveyed and the extent of the sobrante ascer
tained, which survey has not been had of said Ranchos so as to enable the
petitioners herein to define with certainty the boundaries of their said
sobrante" If the exterior boundaries of the adjoining Ranchos were the
ones to be regulated, then that could have been done much better in 1841,
when witnesses were living who would be more likely to know of them than
those that can be produced at this late day. Moreover, if the Board had
supposed that such boundaries were to be regulated, then as it was their
324 History of Contra Costa County.
duty to fix the boundaries with as much certainty as the case would admit,
and having the Governor's grants of the said Ranches before them, and living
witnesses to point out their boundaries, they would have found them and
set them forth in the decree. But they found that the boundaries to be
regulated were to be ascertained by surveys. No survey, to this day, has
been made of those exterior boundaries of the grants of quantity. When
will the surveys that were to make these boundaries clear and develop the
extent of the sobrante be made, if the exterior boundaries of the grants
were the ones intended ? There will have to be further legislation by the
Goverment to accomplish this, for their is no provision for surveying other
than the land confirmed by the decrees of the Board of Land Commissioners
and the Courts, and the five Ranches have been surveyed and patented.
Undoubtedly the Governor referred to the regulation of boundaries that
took place under the Mexican land system upon juridical measurement, for
that was the " regulation" of boundaries required by law and ordinance, and ,
which usually was expressly provided for in grants. In all cases in which the
juridical measurement had not been had under the Mexican Government, this
duty of measuring and segregating the lands granted was transferred to and
devolved upon our Government ; and it is fully performed by our final
surveys and patents. Our official surveys take (or rather fill) the place of
the juridical measurement required under Mexican law. This has been
settled beyond question by the decisions of the Supreme Court. It would
therefore appear that the boundaries to be regulated or the surveys to be
made, which were to develop the sobrante granted and show its boundaries
and extent, are those carried into the patents of the said Ranches.
But suppose this view should be incorrect ; then, looking into the con
dition of the surrounding Ranches in 1841, no independent, vacant tract,
-with certain boundaries can be found. The San Pablo grant was to be
located within the following limits, taking the description in the Governor's
concessions of 1834 and 1835 : "Bounded by the Ranchos of San Antonio
and El Pinole, and by a portion of the port of San Francisco." The south
eastern boundary, according to these calls, was clearly not definite and
certain. It is suggested that the diseno accompanying the petition will
make the southeastern boundary more certain, but examination thereof
throws very little light on this matter. It will not indicate from what
points on the boundaries of El Pinole and San Antonio a line should be
drawn to form this boundary. The map or deseno here referred to is found
in Volume 2 of maps, Land Commission Records, page 421, on which the
southeastern portion of the tract, within which the quantity was to be sur
veyed, is limited only by the border of the map.
The southeastern exterior line of Pablo, drawn on the Boardman map
attached to the objections of Edson Adams, does not agree with that drawn
by the Surveyor-General upon the connected map hereinbefore referred to.
Mexican Grants. 325
So it seems that, with all the light afforded by the Surveyor-General's office,
and by actual examination in the field (see Surveyor-General's certificate
on connected map), skilled surveyors cannot to-day agree as to the south
eastern exterior of San Pablo.
In the third and fourth conditions, both in the decree of 1834 and that
of 1835, the donees were to solicit juridical possession of the proper judge,
who should measure the tract according to law, for the purpose of having
the boundaries of the grant marked out, the surplus to remain to the nation
for proper uses.
But this measurement was not made by the Mexican Government, and
it devolved upon our Government to finish the work that was left undone
by the former Government. Our Government has measured the quantity
and given it certain boundaries. Were not these certain boundaries the
ones that the Governor and the Board referred to as requiring regulation in
order to define the boundaries and show the extent of the'sobrante granted
and confirmed, rather than boundaries that are never to be regulated in the
sense of being accurately surveyed and established, that are shown to be
uncertain and possibly impossible of ascertainment ?
Again, take Valencia's Rancho Acalanes. The Governor's grant describes
it as " the tract of land known by the name of Acalanes, bounded by the
Ranchos of San Pablo, San Antonio, and El Pinole."
It is contended that the large tract out of which the quantity granted
to Valencia was to be measured was not bounded by San Pablo, notwith
standing the calls in the grant ; because in limiting the quantity in the
fourth condition, and directing the judge who should give Valencia posses
sion to measure it conformably to ordinance, the overplus remaining for the
use of the nation, etc., it was said that the tract to be measured was " one
league in length by three-quarters of a league in width, according as is
explained on the map," which was with the record of proceedings ; and the
map had written on its margin that the place asked for was " situated
between the arroyo Galindp and the arroyo Grande," those streams being
delineated on the map or diseno. In other words, that the map on which
was sketched the country to the northwest as far as the coast, should control,
instead of the aforesaid calls of the grant, because it showed the situation of
the three-quarters of a square league that was granted as being between the
arroyos aforesaid. Upon this showing it is insisted that a vacant tract is
developed between the line formed by those two arroyos (Galindo being a
tributary to the arroyo Grande or San Pablo creek, with junction southeast
of the claimed southeastern exterior line of the Rancho San Pablo) and the
southeastern exterior of San Pablo.
Now, if this were true, there would still be the uncertainty as to San
Pablo's southeastern boundary ; and it is not clear how this boundary could
be " regulated " so as to define such tract. But the vacant tract disappears,
326 History of Contra Costa County.
admitting the arroyos Grande and Galindo to be the northwestern exterior
boundary of Acalanes, for then the southeastern exterior line of San Pablo
becomes certain, and comes up to said arroyos. The grant of Acalanes ought
not to be held repugnant in its terms if they can be made harmonious.
Then if the arroyos Grande and Galindo are the western and northwestern
boundaries of Acalanes, the call expressed in the grant for San Pablo as a
boundary should not be repugnant thereto; and as the southeastern
boundary of Pablo was uncertain, this call brought it to the arroyos aforesaid.
But I look upon the language of the fourth condition in Valencia's grant as
simply a more specific designation of the locality in which the quantity was
to be measured, and not as contradicting the general boundaries within
which it was to be located.
It follows, then, that the mentioned Ranches had coterminous boundaries,
and that the land confirmed was the surplus of some of them that should
be defined by their boundaries as established or regulated by final survey.
This fulfills the legal proposition that the grant, having been confirmed
as valid, necessarily has definite boundaries ; and this was its condition in
1841, under the well-known rule that in law that is certain which is capable
of being rendered certain. Any other conclusion would result, it seems to
me, in inextricable confusion.
It is contended that the tract confirmed could not have been sobrante of
any of the grants, because the grantees had the right of possession of the
entire tract until segregation of quantity, and hence the Castros could not
have had possession of other than land not within the exterior boundaries
of the grants of quantity. Such an objection might be made to any grant
of sobrante; still sobrante grants have been confirmed, surveyed, and
patented. While it is true, as held by the Supreme Court in Van Reyne-
gan vs. Bolton (5 Otto, 33), that the right to make selection of the quantity
granted rested exclusively with the Government, and could be exercised
only by its officers, and that until segregation the grantee had the right of
possession of the entire tract within which the quantity was to be measured,
yet the discretion to be exercised by the officers charged by law with the
execution of decrees in such cases was not arbitrary but reasonable, and
was to be so exercised, in view of the record of the case, the situation of
the land, the improvements and possession of the donees, and all other cir
cumstances proper and necessary to be considered, as to fulfill the intent
and requirements of the decree, and thus do substantial justice between the
United States and the confirmees.
For example, no survey would be deemed a proper one that excluded
the improvements and actual possession of the donee against his selection
of land thus improved and possessed, provided it was within the boundaries
called for.
Now, notwithstanding the donees of the grants of quantity in the case
Mexican Grants. 327
might have had the right of possession to the limits of the larger tracts, yet
they did not object to the occupancy and possession of the Castros in this
case. Why they permitted the Castros to occupy the land is not a matter
of just concern of this department. The Castros received a concession of a
tract of vacant, surplus land, and the claim thereunder has been confirmed,
and the regulation of boundaries of the neighboring Ranches has developed
such a tract in the place called for in the grant and decree. Beyond this it
is not profitable or pertinent to inquire.
A tract or piece of land, no portion of which shall lie east of the western
line of Acalanes, or south of the ' northern line of Moraga, or west of the
eastern lines of San Antonio and San Pablo, or north of the southern line
of El Pinole, as those lines have been established by the final surveys and
patents of said Ranchos, will substantially fulfill the decree, and do justice
according to the record of the case as between the United States and the
owners of the sobrante grant.
The next question for cansideration is, should the survey of El Sobrante
embrace any portion of the Rancho La Boca de la Canada del Pinole ?
As regards the La Boca tract, it is contended bv the owners of the
o /
sobrante title that it was a part of the sobrante which existed April 23,
1841, and which on that date was granted to the Castros, and subsequently
confirmed to them under the act of 1851 ; that as it is the duty of the Sur
veyor-General to follow the decree of confirmation, he has no right to look
at the fact that said tract has been patented in making survey of the
Sobrante ; that it is the duty of the Land Department, under the act of
1864, to include in the survey all the lands included in the decree.
Against this the owners of the La Boca tract refer to the fact that the
survey of their claim was ordered into Court under the act of 1860 (12
Stats., 33) ; that the owners of El Sobrante intervened in that matter and
were made parties thereto ; that the decree of the Court approving the final
survey of that claim was entered by consent of all the parties ; and that,
therefore, the Sobrante claimants are estopped from demanding that any
portion of the La Boca shall be included in their survey, and your prede
cessor so decided. Cases are cited as supporting this proposition.
As against this position, the sobrante owners, some of them at least,
argue in effect that under, the act of 1851 the Land Commissioners and
Courts had no jurisdiction to adjudicate upon title as between third parties,
but only as between the United States and claimants ; that the primary
object of the said act was to separate lands owned by private individuals
from the public domain ; that confirmation under the act of 1851 simply
affirmed that the land embraced by the decree was private land ; that the
patent of the United States under said act is but a relinquishrnent of claim,
or a quit-claim, to the tract confirmed, and record evidence of the action of
our Government upon the claim, operating by relation from the time when
328 History of Contra Costa County.
the claim was presented to the Board of Land Commissioners ; that such
patent is simply conclusive as between the United States and the claimants
and the privies of the respective parties ; that the District Court of Cali
fornia, under the act of 1860, had no greater jurisdiction, to say the least,
than the tribunal created by the act of 1851, for ascertaining and settling
private claims ; that the matter before the Court under the act of 1860 was
simply upon the question of the correctness of the survey, in other words,
to determine the question as to whether the survey was an execution of the
decree of confirmation, the same as that of the Surveyor-General now under
the act of 1864, or formerly under the act of 1851 ; that parties to proceed
ings before the Court upon approval of a survey under the act of 1860 are
only bound by the decrees, and estopped as to the subject-matter before and
within the jurisdiction of the Court, and that all questions of title between
third parties, claiming under grants of Mexican origin were necessarily re
ferred to the judiciary; and cases in support of these propositions are cited.
The foregoing statement is made in order to develop the positions of the
contending parties in this matter. However, I do not think myself called
upon, as I understand the case, to decide or express an opinion as to which
is the correct one. It would undoubtedly be necessary to decide the ques
tion were it shown that the land patented as the La Boca de la Canada del
Pinole was vacant, sobrante, land within the meaning of and embraced by
the decree in the Sobrante case. To my mind not only is this not shown,
but it seems to me that the records of your office and of the Surveyor-
General's office show beyond question that the land patented to the La
Boca claimants was not vacant, sobrante, or surplus of any of the five
Ranchos mentioned, existing as such April 23, 1841, within the true intent
and meaning of the decree of confirmation of this case.
The records prove with reasonable clearness that it was neither vacant
nor sobrante at that time, and it was well said by one of the contestants in
argument, that as the Government has patented the La Boca, the survey of
the Sobrante should not, in any view of the case, invade such patented terri
tory except upon clear proof that the land so patented is embraced by the
decree of confirmation to the Castros.
The question whether the La Boca was vacant and sobrante or surplus
land of any of the Ranchos mentioned in 1841, and is embraced by the
decree of confirmation, is one to be determined by the officers or tribunal
upon whom the duty of executing the decree is imposed by law ; as only
vacant, surplus land, within the meaning of the decree, can be surveyed.
In the first place, the La Boca was not a grant of the surplus or sobrante
of El Pinole, or any of the other Ranchos mentioned as boundaries of El
Sobrante. It was not a sobrante grant in any sense, according to its terms ;
but it was a grant of quantity to be surveyed within designated boundaries.
The Land Commission record shows that Ignacio Martinez claimed to
Mexican Grants. 329
have received a grant of the place called El Pinole as early as 1823 ; he
so represented to the Mexican authorities in 1834, stating that he had lost
his title papers, and soliciting a renewal of the same. Record evidence was
not found to support his allegations, and he was required to petition anew,
which he accordingly did November 10, 1837, stating that as he had mislaid
or lost the grant issued to him in 1823, and as it was impossible for him to
make it appear that such a grant had been made, he was under the necessity
of making a second petition. In this petition he described the land as
" three sitios, which are ' Canada del Pinole,' and that which is called ' La
Hambre,' straits of Carquinez, running towards the ' Mar de la Norte,' that
is called the Bay of Sonoma, adjoining the mouth of the same Canada del
Pinole, as is explained in the adjoining plan." For reasons set forth in the
petition he asked for an additional league. (Record of Evidence, vol. 15,
p. 427.)
Thus it will be observed there was nothing in the archives of the Mexi
can Government in 1837 designating boundaries to the place known as El
Pinole ; and, as proceedings on the petition of Martinez were pending in
1841, when the grant was made to the Castros, and were not terminated
until June 1, 1842, when the first and only recorded grant to Ignacio
Martinez was issued, it follows that El Pinole had no boundaries recognized
by the Mexican Government in 1841, and consequently that the boundaries
declared in the grant to Martinez, in 1842, are the true boundaries of El
Pinole, within which the four leagues granted to Martinez were to be sur
veyed, and within which the boundaries of quantity were to be regulated,
as provided in the grant and decree in the sobrante case. That these
boundaries did not include La Boca de la Canada del Pinole will appear
from what follows.
While proceedings were pending upon the petition of Ignacio Martinez,
Felipe Briones, on the 24th day of July, 1839, petitioned for the grant of
the place known by the name of El Pinole, stating that it was then more
than ten years that he had possessed said place, comprising three " sitios de
ganado mayor," more or less, as designated upon the plan accompanying the
petition. Briones further alleged that he had built a house on the land
prayed for, " planted a garden of much consideration, and cultivated some
lands," by which and " some milking cattle " he had maintained his family,
composed of eighteen persons. This petition was referred to Ignacio Peralta,
a Justice of the Peace, who reported thereon July 29, 1839, that the Rancho
of El Pinole had been occupied by Don Ignacio Martinez since 1824, by
order of the Governor pro tern., Don Luis Arguello, and that Briones, in his
petition, did not make mention of the land that he (Briones) had occupied,
called " El Corral de Galindo," where he kept his cattle, and hence that it
would appear as though his petition operated injuriously by asking for the
Canada del Pinole, and not stating that he held the aforesaid " Corral de
330 History of Contra Costa County.
Galindo." Peralta further reported that Briones went on the land under an
arrangement with Martinez, entered into in 1831, the parties " agreeing that
their ends should meet " ; that Briones " should assist at rodeos, and place
his small houses immediate for company."
The report of Peralta does not make it clear whether Briones intended
to procure a grant of all the land occupied by Martinez and himself, or only
for that occupied by himself, giving the land he desired the wrong name.
But the tract called " Corral de Galindo " embraced a part of the Canada
of Pinole, and it is probable that Briones intended to ask for the land
occupied by himself, known as well by the name of La Boca de la Canada
del Pinole and San Felipe, as Corral de Galindo, as facts hereinafter men
tioned will show. However this may be the matter of the several petitions
was pending when the Governor made the grant to the Castros, and was
not finally settled until more than a year afterward by the issuance of
grants to Martinez and the widow of Briones, respectively, (Briones having
died about the year 1840.) That the Governor considered Briones entitled
to the land occupied by him, and so decided before he issued a grant to
Martinez ; that Martinez so understood the matter, and acquiesced in the
Governor's decision ; and that it was well understood that the tract known
as La Boca de la Canada del Pinole, in the possession of Briones, was not
included within the exterior boundaries named by the Governor in his
grant of El Pinole to Martinez, will appear from the following :
On the 1st of June, 1842, evidently having in view both of the petitions of
Martinez and Briones, and of the report of Peralta, the Governor, Alvarado,
who made the grant to the Castros, issued a grant to Ignacio Martinez. In the
concession of that date, the tract within which the quantity was to be sur
veyed was described as "commencing at the mouth of the Canada del
Pinole, eastwardly along the same until it adjoins with the Corral de Gal
indo, from this place to La Canada de la Hambre, and from thence to the
straits of Carquinez."
In the formal title issued the same day the four square leagues granted
were to be surveyed within the following boundaries : " By the name of
Pinole, its limits being from the mouth of the ravine (Canada) of the same
name, in an easterly direction by the same until it joins with the 'Corral
de Galindo ; from this place to the Canada de la Hambre, and along the
same to the Straits of Carquinez, the boundaries to terminate at the mouth
of said Canada del Pinole into the Bay of San Francisco."
Evidently this description was not to include the " place " called " Corral
de Galindo," otherwise La Boca, etc. The ravine (Canada del Pinole) was
to be followed until it adjoined with the '" Corral de Galindo; from this
place to the Canada de la Hambre," etc.
The same facts appear, and are placed beyond doubt by the language of the
grant to the widow Briones, made twenty days after the grant to Martinez.
Mexican Grants. 331
The grant to Maria Manuela Valencia, widow of Briones, was made upon
her petition of the 8th of June, 1842, in which she set forth interalia that
she was the " widow of the late Felipe Briones, and established in the mouth
of the Canada of Pinole (en la Boca de la Canada del Pinole);" that for
more than eleven years she had " lived in peaceable possession of said place,
with a considerable amount of stock, consisting of four hundred head of
cattle, having also an adobe house, and more than one thousand grapevines,
together with some fruit trees ;" and she prayed the Governor to concede to
her " the legal ownership of the said place, containing three square leagues, as
shown by the accompanying diseno." The accompanying diseno distinctly
called for the land of Ignacio Martinez as a northwestern, northern, and
northeastern boundary (see Record of Maps. vol. 2, p. 489). Her allegations
accorded with those of her husband in his petition of 1839 as regards pos
session and the length of time that the Briones' family had occupied the
place, as also with the report of Peralta upon the petition of Briones. The
widow's petition, having been referred to the proper judge for investigation
and report, was presented to Ignacio Martinez, adjoining owner, who stated
concerning the same, June 13, 1842, as follows : " The Senora Manuela
Valencia, who petitions for the place, as shown by the annexed diseno, is
worthy of being heard, and what she asks may be granted to her, since it
does not prejudice my land." (The underscoring in the foregoing quota
tion is my own.) ,
On the 14th of the same month, the Judge to whom the petition was
referred, Guillermo Castro, reported that, in view of the report of Ignacio
Martinez, the tract asked for might be granted to the petitioner.
On the 21st of June, 1842, the land was granted to the widow of Bri
ones, the Governor stating that, in view of the petition, the foregoing reports,
" and all other matters necessary to be considered (the other matters necessary
to be considered undoubtedly included the former petition of Briones and
Peralta's report thereon), Dona Maria Manuela Valencia is declared owner
of the place named in Boca de la Canada de Pinole, bounding with the
Rancho of Don Ygnacio Martinez, with that of Don Julio Wil, and with
that of Candelario Valencia ;" and in the formal grant of the same date the
land is described by the same boundaries, being limited in the third condi
tion to three square leagues, as shown by the diseno annexed, the sobrante
remaining to the convenient uses of the nation. (Exhibit 32, Adams, from
the archives in the Surveyor-General's office.) In bounding the general
tract out of which the quantity should be surveyed to Mrs. Briones'with
" the Rancho of Don Ygnacio Martinez," the boundaries of El Pinole, as
declared by the Governor a few days before in the grant to Martinez, were
unquestionably meant.
When this claim was before the District Court upon petition for con
firmation, the testimony of Jose de Jesus, son of Ignacio Martinez, was
332 History of Contra Costa County.
taken. Being asked what he knew in regard to the boundaries of the tract,
the witness stated that on the north it was bounded by the Rancho of Ig-
nacio Martinez, father of the witness, called El Pinole ; that the original
map (diseno) was made by him in 1841, and that it was correct ; that it was
the original map presented by Dona M. M. Valencia to the Governor when
she petitioned for the land, and that he made it for that purpose ; and that
, when he made it the houses, corral and garden were on the Rancho as rep
resented on the map. The witness further stated that he became acquainted
with the boundaries of La Boca by going over the land with a son of Mrs.
Briones for the purpose of making the map ; that he had lived on his
father's Rancho since April, 1830, and ridden over the La Boca 'Rancho
" thousands of times," and that he was well acquainted with everything con
nected with it. (Exhibit 58, Blum, from archives in Surveyor-General's
office.)
From the foregoing I conclude that the La Boca Rancho was not within
the boundaries of El Pinole as established by the Governor's grant in 1842,
the first official definition of the exterior boundaries of that place. And
taking the facts above stated in connection with the testimony, of William
Richardson, (vol. 5, 245, Evidence), C. Briones, and Napoleon B. Smith,
(vol. 4, pp. 561 and 720, Evidence), delivered to the Board in the case of El
Pinole, and the location of the trapt called Corral de Galindo, and the
Cuchilla de Chemisal, as laid down on the connected map hereinbefore men
tioned and on the official map of Mr. Minto's survey, it would appear that
the northern patented line of La Boca very nearly represents the calls of
the grant and decree in the Pinole case for Pinole's southern exterior bound
ary in this locality. It follows, therefore, that La Boca was not surplus
(sobrante) of El Pinole, and as the District Court decreed the claim of Mrs.
Briones to be good and valid to the land known by the name of " La Boca
de la Canada del Pinole " to the extent of three square leagues " within the
boundaries so described in the grant and map on file in the records," and as
the grant and diseno call for Acalanes and Pinole for boundaries, and as
Acalanes calls for Pinole as one of its boundaries, it necessarily follows, from
the situation of these several grants, that La Boca was not surplus of any of
the five grants mentioned in the grant to the Castros of 1841, the presump
tion of law being that La Boca was located within the boundaries called for
in the decree of confirmation.
Again, La Boca was not vacant land in 1841, within the meaning of the
decree of confirmation in the sobrante case. The evidence in the case of the
La Boca upon petition for confirmation, as well as that of Jose de Jesus
Martinez, hereinbefore referred to, and that of Peralta in his report, show a
continued occupancy and possession from about 1831 till long after April,
1841, by the Briones family, the widow continuing in occupancy and pos
session after the death of her husband, and that the land was improved by
Mexican Grants. 333
them as alleged in the petitions therefor of 1839 and 1842. It was the very
land occupied and in the possession of her husband that Mrs. Briones
petitioned for, and it makes no difference whether it is called La Boca de la
Canada del Pinole, San Felipe, or Corral de Galindo.
In the opinion of the Board in that case, it was stated that the deposi
tions on file showed a long residence on the land by the grantee, and estab
lished very clearly a substantial compliance with the conditions of the
grant, and that the only obstacle to confirmation was to be found in the
proof of boundaries. The decree of the Board rejecting the claim was
reversed by the District Court, and the claim was decreed to be good and
valid, and it has been surveyed and patented accordingly.
It was manifestly against the policy of the Mexican Government to grant
lands to one party that were improved and in possession of another ; and
petitions were referred to the proper magistrate for the purpose of ascertain
ing whether they called for lands occupied by others. In the very matter
of the petition of Martinez it is seen that, although he asked for land by the
name of a place that might have embraced the establishment of Briones,
and Brione had no grant from the Government, yet the possession of Bri
ones was recognized as well as that of Martinez, and the land possessed by
him was carefully excluded from the grant to Martinez.
Now, as the Governor recognized and protected the possession of Briones ;
as that possession was continued by his widow, and was of the same land ;
as proceedings were pending before the Government for a grant of this
land at the time of the grant to the Castros ; as upon the death of Briones
the claim for the grant was continued in the name of his widow, she alleg
ing the possession that had continued since 1831 ; and as the grant to the
widow was made in view of all the proceedings mentioned, and necessarily
in consideration of the uninterrupted possession of the Briones family since
1831, it follows that the possession was not a trespass. The presumption
is that the final survey followed the decree of confirmation ; that it em
braces the quantity of land thus possessed as limited in the decree ; that it
correctly shows the boundaries thereof, and that the land was surveyed
within the boundaries mentioned in the decree ; and, as the possession
which continued from 1831 was not a trespass, it extended to the bounda
ries of the claim as surveyed and patented ; all of which results in this
conclusion : That in 1841 the land surveyed as the Rancho La Boca de la
Canada del Pinole was not vacant.
Finally, it seems to me that the Mexican authorities, having jurisdiction
in the premises, decided, in 1842, that the land known as La Boca de la
Canada del Pinole was not embraced within any former grant. The refer-*
ence of the petition of Mrs. Briones to the auxiliary Judge of Contra Costa
required him to report whether " the land referred to belonged to any indi
vidual, with all other matters that may be necessary." His report, as well
334 History of Contra Costa County.
as that of Martinez, and that of Estrada, the Senor Prefect of the district,
and the action of the Governor thereon in making the grant to Mrs. Bri-
ones, which, he stated, was in consideration of those reports, and all other
matters necessary to be considered, amounted to a decision that the land
granted was not included in any former grant.
In view of the facts and the legal conclusions relative to this matter, it
would be just as consistent to hold that the land surveyed under the grant
to Martinez was vacant sobrante land in 1841, as to hold that that which
was surveyed under the Briones grant was vacant sobrante land at that
time ; and the survey of El Sobrante might as well include the one tract as
the other. The grants of Pinole and La Boca are precisely similar in char
acter, and were virtually the result of the final determination of the same
proceedings before the Mexican Government pending and undecided April
23, 1841.
I therefore decide that no part of the Rancho La Boca de la Canada del
Pinole should be embraced in the survey of the Rancho El Sobrante. .
The Minto survey not only embraces the larger portion of the La Boca,
but also a small part of the Rancho Laguna de los Palos Colorados (Mora-
ga's claim) as patented, and does not include all of the land embraced in
the decree as herein construed. It is therefore set aside.
The remaining question is with regard to the tract marked " No. 7 " on
the Boardman map, and as public land on the Minto plat of survey of El
Sobrante. I do not consider that that tract lies between the five Ranchos
mentioned, within the meaning of the decree, and it will accordingly be ex
cluded from the final survey.
You will therefore direct a new survey to be made of the following
boundaries : Beginning at post S. P. No. 67, at the terminus of course No.
195 in the patented line of the San Pablo Rancho ; thence in a direct line
to post P. R. No. 4, terminus of course No. 4, in the patented line of El
Pinole Rancho ; thence with the patented line of El Pinole to a point therein
at which the westernmost line of the Rancho La Boca de la Canada del Pi
nole as patented extended northwardly intersects said line of El Pinole ;
thence with the patented line of the Rancho La Boca de la Canada del
Pinole to the point at which the western patented line of Acalanes inter
sects the same ; thence with the said line of Acalanes to the north patented
line of the Rancho Laguna de los Palos Colorados ; thence with the last-
named line and the same extended west to the eastern patented line of the
Rancho San Antonio ; thence northward with the patented lines of the
Ranchos San Antonio and San Pablo to the place of beginning.
The decision of your office is modified accordingly, and the papers of
the case are herewith returned. Very respectfully,
S. J. KIRKWOOD,
Secretary.
Mexican Grants. 335
The following is a list of land claims connected with Contra Costa county,
presented to the Commission, pursuant to the provisions of the Act of Con
gress of March 3, 1851, entitled, "An Act to ascertain and settle the Private
Land Claims in the State of California : "-
Elam Brown, claimant for Acalanes, one square league, granted August
I, 1834, by Jose Figueroa to Candelario Valencia ; claim filed February 2,
1852, confirmed by the Commission February 14, 1853, and appeal dis
missed November 26, 1856 ; containing 3,328.95 acres. Patented.
Salvio Pacheco, claimant for Monte del Diablo, granted March 30, 1844,
by Jose Figueroa to S. Pacheco ; claim filed February 27, 1852, confirmed
by the Commission January 5, 1853, by the District Court January 14,
1856, and appeal dismissed November 24, 1856 ; containing 17,921.54 acres.
Patented.
Robert Livermore, claimant for Canada de losVaqueros, granted February
29, 1844, by Manuel Micheltorena to Francisco Alvisu et al. ; claim filed
February 27, 1852, confirmed by the Commission September 4, 1855, by the
District Court December 28, 1857, and appeal dismissed December 28, 1857.
Joseph Swanson, Administrator of the estate of William Welch, claimant
for Las Juntas, three square leagues, granted February 9, 1844, by Manuel
Micheltorena to William Welch ; claim filed March 23, 1852, confirmed by
the Commission December 20, 1853, and appeal dismissed November 3, 1857 ;
containing 13,324.29 acres.
Heirs of Juan Sanchez de Pacheco, claimants for Arroyo de Las Nueces
y Bolbones, two square leagues, granted July 11, 1834, by Jose* Figueroa to
J. S. de Pacheco ; claim filed April 6, 1862, confirmed by the Commission
April 11, 1853, by the District Court December 22, 1856, decision of the
U. S. Supreme Court as to the right of appeal in 20 Howard, 261, and decree
of the District Court affirmed by the U. S. Supreme Court in 22 Howard
225; containing 17,734.52 acres.
Rafaela Soto de Pacheco et al., claimants for San Ramon, two square
leagues, granted June 10,1833, by Jose' Figueroa; claim filed April 13,
1852, rejected by the Commission November 22, 1853, and confirmed by the
District Court February 8, 1858.
Teodora Soto, claimant for Canada del Hambre and Las Bolsas del
Hambre, two square leagues, granted May 18, 1842, by Juan B. Alvarado to
Teodora Soto ; claim filed April 29, 1852, confirmed by the Commission May
15, 1855, by the District Court April 16, 1857, and appeal dismissed August
II, 1857; containing 13,312.70 acres.
John Marsh, claimant for Los Meganos, four leagues by three, granted
October 13, 1835, by Jose Castro to Jose" Noriega ; claim filed May 3, 1852,
336 History of Contra Costa County.
rejected by the Commission March 14, 1854, confirmed by the District Court
April 9, 1858, and by the U. S. Supreme Court.
. Maria Antonia Martinez de Richardson et al., claimants for Pinole, four
square leagues, granted June 1, 1842, by Juan B. Alvarado to Ygnacio Mar
tinez; claim filed July 8, 1852, confirmed by the Commission October 24,
1854, and appeal dismissed March 10, 1857; containing 17,786.49 acres.
Domingo Peralta, claimant for half of San Ramon or Las Juntas, de
scribed by boundaries, granted in 1833 by Jose" Figueroa to Bartolo Pacheco
and Mariano Castro ; claim filed August 14, 1852, confirmed by the Com
mission May 15, 1855, by the District Court March 2, 1857, and appeal dis
missed January 5, 1858.
Leo Norris, claimant for part of San Ramon, one square league, granted
August 1, 1834, by Jose Figueroa to Jose Maria Amador ; claim filed Sep
tember 20, 1852, confirmed by the Commission August 1, 1854, and by the
District Court September 10, 1857 ; containing 4,450.94 acres.
Joaquin Ysidro Castro, administrator, claimant for San Pablo, four
square leagues, three leagues granted by Jose' Figueroa, June 12, 1834, to
Francisco Castro, deceased, and to his heirs, and on the 13th the surplus
lands to Joaquin Ysidro Castro and the heirs of Francisco Castro ; claim
filed October 9, 1852, confirmed by the Commission April 17, 1855, by the
District Court February 24, 1858, and appeal dismissed March 10, 1858 ;
containing 19,394.40 acres.
Maria Manuela Valencia, claimant for Boca de Canada del Pinole, three
square leagues, granted June 21, 1842, by Juan B. Alvarado to M. M. Va
lencia ; claim filed December 13, 1852, rejected by the Commission August
10, 1854, confirmed by the District Court November 26, 1854, and by the
United States Supreme Court ; containing 13,353.38 acres.
Joaquin Moraga, claimant for Laguna de los Palos Colorados, three
square leagues, granted August 10, 1841, by Juan B. Alvarado to J. Moraga
and Juan Bernal ; claim filed February 15, 1853, confirmed by the Com
mission January 23, 1855, by the District Court March 24, 1856, and appeal
dismissed April 8, 1856 ; containing 13,318.13 acres.
Jonathan D. Stevenson et al., claimants for Medanos, two square leagues,
granted November 26, 1839, by Juan B. Alvarado to Jose" Antonio Mesa et
al.; claim filed February 24, 1853, confirmed by the Commission June 19,
1855, by the District Court October 16, 1856, and appeal dismissed April 2,
1857 ; containing 8,890.26 acres.
Inocencio Romero et al., claimants for land, granted February 4, 1844, by
Manuel Micheltorena to I. Romero et al.; claim filed February 28, 1853, re
jected by the Commission April 17, 1855, and by the District Court Sep
tember 16, 1857.
Mexican Grants. 337
E. R. Carpentier, claimant for ten square leagues, a portion granted by
P. V. de Sola, another portion granted in 1841 to Juan, Jose* and Victor
Castro by Juan B. Alvarado, and another portion granted by Jose Figueroa
to Francisco Castro, and re-granted in 1844 by Manuel Micheltorena to Luis
Peralta ; claim filed February 28, 1853, rejected by the Commission January
30, 1855, and appeal dismissed for failure of prosecution April 21, 1856.
H. W. Carpentier, claimant for two hundred and twenty-five acres,
granted by P. V. de Sola and Manuel Micheltorena to Luis Peralta ; claim
filed February 28, 1853, and discontinued by claimant January 23, 1855.
William C. Jones et al., claimants for San Pablo, three square leagues,
granted June 12, 1834, by Jose Figueroa to Francisco Maria Castro ; claim
filed March 1, 1853, rejected by the Commission March 27, 1855, and appeal
dismissed for failure of prosecution April 21, 1856.
James Enright et al., claimants for Medanos, two square leagues, granted
November 26, 1839, by Juan B. Alvarado to Jose' Antonio and Jose Maria
Mesa; claim filed March 2, 1853, rejected by the Commission March 27,
1855, and appeal dismissed for failure of prosecution April 21, 1856.
338 History of Contra Costa County.
HOMICIDES OF CONTRA COSTA COUNTY.
People vs. Wempett and Wampett Homicides of Aparicio Morales Ignacio Flores alias
Figaro James M. Gordon Terence H. McDonald Doctor John Marsh Nicholas
Brenzel An Unknown Edward Norris Sadella Oatiyo G-uadalupe Tapia N.
Nathan Patrick Pinnegan James Magee Louis D'Alencon An Unknown John
Pete Martine Berryessa Aravena " Jo "Jesus Diana Valencia Mrs. Elizabeth
Eobinson Sacramento Leibas Enoch J. Davis William Nesbit S. A. Carpenter-
Mrs. Laura Walker Jose Vaca George Minchell Herman Heyder James Fergusson
Silveria Monj as Patrick Sullivan Peter Peters Valentine Eischler Jamiens
Michael Duffy Martin Gersbach George Muth Ramon Ohaves Ah Hung Jose
Arrayo James Mills George Mitchell Eeyes Berryessa An Unknown Langbhen
Children A Chinawoman Thomas Sheridan Manuel Sibrian Louis Farreri Pat
rick Sullivan Sheridan Christian Smith.
"And the Lord said unto Cain, Where 'is thy brother ? And he said, I
know not : am I my brother's keeper ? And he said, what hast thou done ?
The voice of thy brother's blood crieth unto me from the ground. And now
art thou cursed from the earth, which had opened her mouth to receive thy
brother's blood from thy hand ; when thou tillest the ground, it shall not
henceforth yield to thee her strength ; a fugitive and a vagabond shalt thou
be in the earth." Thus is graphically given us on the page of divine history
the record of the first murder that ever the sun shone upon or the eye of
God looked upon, and the woful curse pronounced upon the author of that
foulest of all crimes by the Supreme Judge of the universe. And how
tenaciously has that curse followed the generations of life-takers down from
Cain to the present day. " A fugitive and a vagabond shalt thou be in the
earth !" How natural when a man has taken that from a fellow-man which
no power of his can restore, no amends make any adequate reparation, has
taken his life and shed his blood, to become a fugitive! The first impulse
is to flee. A power he knows not of until the horrid deed is done impels
him on, and ere he is aware he has become a fugitive. And he becomes a
vagabond, too ! No matter if the lax operations of the Courts allow him to
return to society, the deed has been committed, the blood is on his hands just
the same, and all who know him can see it. He can see it, too, far more plainly
than others, for it is burned into his consciousness by the flaming tongue of
conscience, a chasm is riven between him and human society, and wherever he
Homicides of Contra Costa County. 339
goes, if it is known that he has blood upon his hands, the finger of humanity
is pointed at him, and he hears the voice of outraged and, oftentimes, cheated
justice, exclaiming in loudest tones : " He is a murderer !" The vengeance
of the Author of mankind justly follows him up who presumes to take the
life of a human being a being created in the image of the Divine Creator.
After the waters of the flood had subsided, and the generations of men were
again starting out to run the course of destiny, God spake to Noah and his
sons, saying : " And surely your blood of your lives will I require * * *
at the hand of every man's brother will I require the life of man. Whoso
sheddeth man's blood, by man shall his blood be shed ; for in the image of
God made he man." And when the people of his choice were upon the road
to enter the rich inheritance which had been given to their fathers hundreds
of years before, he caused them to halt, and amid the thunderings of Sinai
he declared to them in language explicit, simple and grand : " Thou shalt
not kill." And when the great master, Jesus, came, he embraced all law, all
gospel, and all ethical codes into one grand, glorious sentence which stands
emblazoned upon the sacred page in letters of living light, and which shall
shed forth rays of brightest effulgence all down the ages of the great eter
nity of God, when time shall have ceased, and only immortality exists :
" Whatsoever ye would that men should do to you, do ye even so to them."
On the leaves of a leather-bound memorandum book, found in the heart
of an Arizona desert, the following self-reproaches and self -accusations were
written in pencil. Near by it the half-decomposed remains of a human
being a murderer whose curse had truly been more than he could bear.
How he suffered let his own simple story relate, as placed on record by the
same hand that had sent a human soul unprepared into the presence of its
Maker :
" Blood on my hands ! A blur of crimson before my eyes ! The skies
are brazen above me. The sun is sick with gore. The winds from the
desert shriek at me shriek and howl ; and this one word only do they
wail in my ears this dreadful word, 'Murder !' I stop my ears with my
hands ; I cry aloud to drown their wailing voices ; I cannot drown it ; I
cannot keep it out. It pierces me pierces me through and through.
" What is it ? I am bewildered. Why am I flying as one who seeks
the ends of the earth ? Yesterday earth had no horror for me. The winds
were only winds not demon voices. Ah, now I recollect. God pity me !
Pity ? I forgot ! He can only curse me. Annihilate me, God ! Blot
me out from the universe. That would be pity.
" It all comes back to me now. It is seared in my brain. The long
search for the mine ; the days in the desert, in the mountains ; and then,
behind that hill that overlooks the ' Valley of Death,' the vein of white,
shining silver wealth for a King. Then it swept over me my years of
poverty and toil, the cold sneer of the rich as they saw my penury and
340 History of Contra Costa County.
here was wealth. I would have it all all. Not even my partner should
share the treasure. I was mad. He stooped to pick up the precious metal,
and I struck him him, the friend of my toils, and one who had never
failed me him, who had shared his food with me, who had slept upon the
desert, in the mountains, under the same blanket ; who had nursed me in
sickness I struck him to the earth. God, I was mad ! Then I was alone
with my wealth ; with my wealth ah ! and the dead. I had not thought
of the cold still face that would lie there after the blow ; of the sightless
eyes staring to heaven. Then the madness left me. I threw myself beside
him ; prayed him to awake ; felt for the heart beat. Dead dead. O my
God ! Dead ! the friend of my toils. And I was a murderer a murderer ! "
Here some leaves were missing, and the next entries legibly represent
him as a veritable vagabond :
" Chill with guilt and fear, Beckoning toward the west,
White from curse and scorn, Touching him here and there
Out to the wilderness drear With a bruise of a ghastly stain,
He stumbles through brier and thorn, Stinging his numb despair
With a smitten face to haunt him, To tiie jagged quicks of pain."
" Wandering, still wandering. Earth has no rest for my feet ; and I am
so weary ! When I step the earth spurns me, and the pitiless skies cry :
' On ! On ! ' Starving ! Penniless ! and there, back there, is wealth untold.
Yet I dare not seek it, dare not tell of it ; for there, too, is that cold, still
face with the sightless eyes gazing at the heavens, and the red blood cry
ing, ever crying to God. I wander on, and I can feel upon my brow a
brand like Cain. It is a brand of blood hot, burning blood. I walk among
men and I feel that they must see it it is there. I pull my hat over my
brow closely ; O, so closely down to my eyes, but they must see it. The
brand of Cain ! The brand of Cain ! O God, it is upon me ! For days I
have wandered in the mountains, thirsting, hungering, trembling at the stir
of a leaf. Yet death comes not to me. The wild beasts avoid me. The
savages pass me by, and harm me not. I suffer, faint but do not die."
How vividly has Thomas Hood been inspired to portray the feelings of
a man whose hands have been imbued with a fellow-man's blood, and whose
heart-throb has been stilled by one fell blow. Aye, indeed :
I. III.
And how the sprites of injured men One that had never done me wrong
,. , , , , , , A feeble man, and old ;
Shriek upward from the sod ;- j- fed him ^ 1(mely Held> _
Ay, how the ghostly hand will point The moon shone clear and cold :
To show the burial clod ; Now, here, said I, this man shall die,
And I will have his gold.
II. IV.
And tell how murderers walk the earth Two sudden blows with a ragged stick,
Beneath the curse of Cain, And one with a heavy stone,
With crimson clouds before their eyes, One hurried gash with a hasty knife,
And flames about their brain ; And then the deed was done !
For blood has left upon their soul* There was nothing lying at my foot
Its everlasting stain ! But lifeless flesh and bone !
L.
6
Homicides of Contra Costa County.
341
v.
But lo, the universal air
Seemed lit with ghastly flame,
Ten thousand thousand dreadful eyes
Were looking down in blame ;
I took the dead man by his hand
And called upon his name.
VI.
My head was like an ardent coal,
My heart as solid ice ;
My wretched, wretched soul, I knew,
Was at the Devil's price ;
A dozen times I groaned the dead
Had never groaned but twice !
* * * * *
VII.
Then down I cast me on my face,
And first began to weep,
For I knew my secret then was one
That earth refused to keep ;
Or land or sea, though he should be
Ten thousand fathoms deep.
VIII.
So wills the fierce avenging Sprite,
Till blood atones for blood !
THE PEOPLE vs. WEMPETT AND WAMPETT. On September 28, 1850, two
Indians named Wempett and Wampett were found guilty of manslaughter
by a jury, and sentenced to pay a tine of one dollar and two weeks' im
prisonment, but who their victim was, or what were the circumstances of
the case, the records do not divulge.
MURDER OF APARICIO MORALES. On May 29, 1852, Jose Antonio, an
Indian, stabbed Aparicio Morales at or near the residence of Dr. Tennent
in Pinole, from the effects of which he died. He was duly tried before
C. P. Hester, District Judge, found guilty July 9, 1852, and sentenced to
be hanged. He was executed August 20, 1852. He was hanged from the
limb of a sycamore tree, in the suburbs of the village of Martinez. A barrel
was placed in an old cart, and the condemned man required to stand
on that ticklish foundation while the rope was adjusted. The cart was
finally driven away, and the poor fellow tumbled off the barrel and into
eternity.
KILLING OF IGNACIO FLORES, alias FIGARO. The victim in this case
was killed at a place known as the " Chicken Ranch," on October 30, 1 853.
He came to his death by severe wounds from knife and pistol at the hands
of Miguel Nabaro, his wife Antonia and Rafael Soto being apprehended as
accessories to the act. On trial the accessory Antonia was discharged, but
there is no record of what became of the others.
MURDER OF JAMES M. GORDON. The particulars of this deed were com
municated to a Stockton newspaper by Dr. Marsh at the time of its 'occur
rence. About seven o'clock on the evening of Tuesday, October 2, 1854,
three men came to the house of J. M. Gordon, near Dr. Marsh's, and desired
him to give them directions about the road, saying that they had lost their
way. As soon as Gordon went to his door, he was shot by one of the party ;
another of them fired at him also, but missed him. One of the balls struck
Gordon, inflicting a fatal wound. Gordon fled in the darkness, and with
difficulty reached Dr. Marsh's house, about two miles distant. The object
of the ruffians was undoubtedly robbery, as the house was found to be
342 History of Contra Costa County.
ransacked. The men were traced and ultimately arrested in San Francisco.
They were named Henry H. Monroe, Andrew Hollenstein and Thomas
Addison. Monroe was duly tried for the murder, convicted, and hanged
November 24, 1854. While awaiting his execution Addison attempted his
rescue, for which he was indicted by the grand jury, and imprisoned, but
on January 20, 1855, made his escape from jail, and has never been captured.
The other accomplice, Hollenstein, was handed over to the custody of the
Sheriff of Solano county in the same month.
KILLING OF TERENCE H. MCDONALD. It appears that on June 11, 1856,
Rafael, an Indian, and Isabel, an Indian squaw, stabbed Terence H. Mc
Donald on the right side of the neck, from which he died instantly, the deed
being committed in his own dwelling. September 5, 1856, they were con
victed of manslaughter, the man sentenced to ten years and the woman
to eighteen months' imprisonment in the State Prison. There was also an
accomplice, who was discharged.
MURDER OF DR. JOHN MARSH. Perhaps no more horrible crime than
the murder of this pioneer can be found on the pages of any history, and
certainly no better example of justice following the guilty than which
tracked one of the murderers to punishment eleven years after the commis
sion of his foul deed.
Dr. Marsh had been for many years long before the American occupa
tion of California the owner of the Los Meganos Rancho, of which he be
came possessed, as we have elsewhere stated, by purchase in the year 1837.
Here he dwelt, surrounded by his people, flocks and herds, for full two
decades. On or about the twenty-fourth day of September, 1856, business
called him from his farm to Martinez, some thirty miles distant. In the
grey dawn of the following morning his horse and buggy were found in the
town of Martinez, but without an occupant. Then followed the search,
which led to the discovery of his body in a road-side ditch, immediately
upon which the pursuit of the murderers was undertaken. On the day fol
lowing Jose Antonio Olivas was captured ; after making confession as to
certain money found in his possession, taken from the body of the murdered
victim, and implicating Felipe Moreno as principal in the deed, he was tried
and convicted, but escaping from jail, he eluded justice for more than ten
years. In September, 1866, he was re-captured in Santa Barbara county,
and brought to Contra Costa to await his trial.
About the same time Felipe Moreno was taken in Sacramento, where
he was going under the alias of Don Castro. When arrested he made a
desperate effort to escape, but being mastered was quickly handcuffed and
incarcerated.
The third party implicated in the terrible murder, Juan Garcia, has, up
to the present time, eluded justice.
Homicides of Contra Costa County. 343
The trial of Felipe Moreno for the murder of Dr. John Marsh was com
menced on Saturday, September 23, 1867, and on the following Thursday
the jury brought in a verdict of murder in the second degree against the
prisoner.
The principal and only positive witness for the prosecution on this trial
was Jose Antonio Olivas, one of the three persons indicted for the murder.
Separate trials for the prisoners had been procured by District- Attorney
Mills, with the purpose of using the testimony of Olivas for the State, and
corroborating it, as to materml points, by that of unimpeachable and disin
terested witnesses. The defense relied mainly upon being able to prove an
alibi ; but notwithstanding the very able efforts of M. S. Chase, of Mar
tinez, the counsel for the prisoner, the testimony failed to convince the jury,
as the verdict shows, although it was not as severe as might have been ex
pected, and this possibly because of the youth of the prisoner at the time,
and the doubt remaining as to whether he may have been a chief or an
auxiliary actor in the perpetration of the murder.
The story of the Doctor's death, as told by Olivas, is as follows :
On the morning of September 24, 1856, the date of the murder, Jose
Antonio Olivas and Felipe Moreno, aged twenty-five and nineteen years
respectively, in company with some females, came into the village of Mar
tinez, where, having attended church, they proceeded to Pinole, returning
from thence between four and five o'clock th'at same evening. They almost
immediately continued their journey to Pacheco alone, and when reaching
the hill about a mile from Martinez paused awhile to await the arrival of
Juan Garcia, who was expected to meet them. Olivas then went on ahead
for about two hundred yards, when he was overtaken by his comrades, and
the three urged their horses into a gallop. While so proceeding they met
a man named Swanson. Not long after this circumstance Doctor Marsh
was observed to be coming in his buggy. Hereupon he was accosted by
Olivas, who asked him for certain money due to him for services as a
vaquero, to which the Doctor replied that he would be paid on his return
from San Francisco, but that he had no money with him then. The de
ceased now drove away, while the party remained behind and concocted a
scheme to kill him, but finally arranged that he should only be robbed.
They then followed in pursuit, and on overtaking their victim, Olivas, by
Moreno's orders, seized the Doctor's horse by the head, while Moreno jumped
into the buggy and Garcia stood guard alongside. The deceased at once
faced his enemy and said : " Do you want to kill rne ? " to which he re
ceived the reply " No " from Olivas, and " Yes " from Moreno, and notwith
standing the dissuasions of his companions, this youthful fiend slashed the
unfortunate man in the face with a knife. He was then dragged out of the
vehicle and fell to the ground, being before, however, wounded in the hand ;
Olivas having then dismounted, as he says, for the purpose of assisting
344 History of Contra Costa County.
the Doctor, who came towards and struck at him, a scuffle ensued,
Olivas crying to Moreno to free him. Thereupon Moreno observed : " why
should I let go this old cabron" and forthwith stabbed his prostrate vic
tim in the left side. Upon receiving this wound the Doctor cried aloud,
when Moreno was prepared to repeat the operation, but was pushed away
by Olivas, who parried a cut made at him. The Doctor now attempted to
rise, but was only able to stagger a short distance and fell into a ditch
dead. His pockets were then rifled by Garcia and Moreno, who afterwards
cut his throat, the deed being witnessed by CHivas from his saddle. This
terrible crime being perpetrated, the triumvirate repaired to the top of a
convenient hill and there divided the booty, whence they repaired to some
houses for the night and afterwards fled, and for ten years and upwards
escaped the iron hand of the law.
Moreno was sentenced to imprisonment for life in the State Prison on
Friday, November 29, 1867.
MURDER OF NICHOLAS BRENZEL. A most atrocious murder was com
mitted near the San Domingo Rancho on Saturday, May 21st, 1859. A man
named John Mohr was accused of killing Nicholas Brenzel by striking him
with a scythe, and was duly arrested in Martinez. From the testimony of
the wife of the deceased, it would appear that Brenzel and Mohr, who were
both Germans, had engaged during the year in cultivating a ranch together.
The latter owed the first named several hundred dollars, borrowed money,
and Brenzel asked him if he would not pay a portion of it, as he wished to
purchase some grain sacks. On Mohr's refusal to let his partner have any
money, Brenzel replied that he would go to San Francisco, borrow the
money there, and purchase the sacks on his own account. This conversation
took place in the house on the Saturday morning. A few minutes after
wards the wife of Brenzel heard a cry of distress, and on going to the door,
saw Mohr with a scythe-blade in his hand, and near by was the prostrate
and bleeding form of her husband. She asked Mohr why he had killed her
husband ; he replied, " I did it because I wanted to," and then threw down
the scythe, seized a spade and endeavored to strike the dying man again.
KILLING OF A MAN, NAME UNKNOWN. At an early hour on the morning
of Thursday, October 13, 1859, several citizens living in the vicinity of
Lafayette missed their saddles, and it was at once conjectured that horse-
thieves had visited the neighborhood, several horses having been stolen
from that district a week previously. The alarm was given, and in a very
short time a party of some six or eight citizens started out and soon got on
the trail of the supposed plunderers, those in pursuit being guided by fresh
tracks of horses. The trail led across the hills in the direction of San
Ramon valley, crossing it about a mile on the west side of Alamo, and from
thence towards Mount Diablo. They proved to be Mexicans, who had
Homicides of Contra Costa Coitnty. 345
picketed their horses and encamped on the ground close by, having with
them saddles belonging to David Carrick and Homer Shuey. They were
suddenly surprised by their pursuers and ordered to surrender, a command
to which they paid no attention, but endeavored to make their escape.
They were fired upon by the citizens, when one of their number fell mor
tally wounded, having been shot through the head. The other two took to
the chapparal, but as soon as they became aware that the pursuing party
were making demonstrations to capture them at all hazards, the rascals
came out of the brush and gave themselves up. The wounded man was
conveyed to the Walnut Creek House, where he died the same night. He
was a Mexican, apparently about twenty-five years of age, and on his body
was found a letter from the noted desperado Tiburcio Vasquez, dated from
the State Prison at San Quentin, and bearing the superscription, " Sra Dona
Guadalupe Cantua By the hand of S. T. Bsa.," who the victim doubtless
was.
KILLING OF EDWARD NORRIS. This tragedy took place at Conkling's
Hotel, on the road between Lafayette and Oakland, on the evening of Sun
day, December 11, 1859. The particulars as gleaned from the Contra Costa
Gazette are as follows : A. H. Houston of San Francisco was the owner of
some five hundred acres of the " Sobrante " claim, on the San Pablo creek.
The property had been squatted on by settlers, with all of whom, save one,
Mr. Houston had compromised, so as to obtain full possession. This one, a
man named Edward Norris, had fenced in some seventy acres of Hous
ton's land, arid refused to give up possession. On Saturday, the 10th,
Houston went over to his Ranch for the purpose of making some arrangement
towards a peaceable settlement of the dispute. He visited the house of Mr.
Norris, on Sunday, the llth, but not finding the latter at home, left a re
quest that he would on his return call at his (Houston's) farm-house and
have a talk with him before the hour necessary for him to start to take the last
boat that was to leave Oakland. Mr. Houston then returned to his house,
and after waiting as long as possible, he left word with his father-in-law,
W. C. Pease, who was in charge of the property, to settle the matter peace
fully, by paying Norris a reasonable sum to leave quietly. Norris, however,
did not come to the house, and in the evening Pease went over to the hotel
near by, kept by Conkling, for the purpose of getting supper. While eating,
a crowd of men arrived at the hotel, among whom was Norris. They were
in the bar-room while Pease was in the dining-room. The conversation of
Norris and his friends was upon the matter in dispute between the former
and Mr. Houston. Pease, hearing his name mentioned, in not very compli
mentary terms, stepped to the door of the apartment in which Norris and
the others were conversing, and drawing a pistol, demanded to know who
had anything to say against "Old Pease," at the same time raising his pis
tol, cocking it, and threatening to shoot the first man who raised a finger.
23
346 History of Contra Costa County.
Norris, who was in the act of drinking as Pease entered, put his glass down
on the table. Some harsh words then passed between Pease and Norris ;
the latter, who was unarmed, reached forward to seize the pistol, when
Pease instantly fired, and Norris fell dead, having been shot through the
heart. Pease was tried for manslaughter and, January 26, 1861, was acquitted.
KILLING OF SADELLA CATIYO. During a drunken brawl at the house of
Jose Silva in Rodeo valley on the night of May 10, 1860, a Chileno named
Sadella Catiyo was killed by his countryman Assesso Gayarado.
MURDER OF GIJADALUPE TAPIA. Guadalupe Tapia, a Mexican, was
mortally wounded with a knife, July 4, 1860, by Ramon Ruiz. They were
seen together near Alamo, each having a horse, though dismounted, and just
previous to the attack deceased was observed to be reclining on the ground,
holding his animal by the bridle. Ruiz now suddenly rushed upon him
with a knife, inflicting a terrible wound in the abdomen, from the effects of
which he died in a few hours. The murderer was arrested, but at his trial
which took place January 16, 1861, he was discharged, the jury disagreeing,
there being eleven in favor of his conviction of murder in the first degree,
and one for manslaughter.
KILLING OF N. NATHAN. The Gazette of February 15, 1862, says that :
" The body of N. Nathan was found near Pinole a few days since, much
decayed." The verdict of the inquest held was that he had been robbed
and murdered. His license as a peddler bore date about the middle of
December, 1861. He was aged about twenty-one years, and had no relatives
in California.
KILLING OF PATRICK FINNEGAN. On the evening of Sunday, Novem
ber 30, 1862, Patrick Finnegan was shot at Clayton, under the following
circumstances : It would appear that a troupe of minstrels gave a per
formance at the Clayton House, in the evening, to a rather noisy audience.
At its conclusion one of the company was somewhat roughly handled by
certain parties present, and R. L. Bradley handed him a pistol, telling hii
to protect himself. He did not use it but returned it soon after. One
account of the affair had it, that in passing the pistol back it was accident
ally discharged ; while other eye-witnesses stated positively that on receiving
it Bradley wilfully shot Finnegan. The ball struck deceased on the left
side of his nose, passing into the head and killing him instantly. Bradley
mounted a horse and made his escape.
KILLING OF JAMES MAGEE. On Monday, December 1, 1862, James
Magee was shot by James Tice. There had been a difficulty between the
parties, and, on the afternoon in question, Tice, who had been drinking,
went to the ranch of deceased, and some hard words passed between them.
Homicides of Contra Costa County. 347
Tice at length wished to shake hands, to which Magee objected, telling him
he was drunk, and ordering him off the premises. Magee had a shot-gun
in his hand at the time which he had gone into the house for. He turned
as if to leave the spot, when Tice presented his pistol and shot him in the
left side. He exclaimed, " Oh ! I'm a dead man, sure ! " and almost im
mediately expired. Tice mounted his horse, rode to Martinez and put
himself in custody of the Sheriff. Deceased owned a valuable ranch in the
Moraga valley, and had accumulated a handsome property. Tice was duly
tried before Hon. S. F. Reynolds, District Judge, May 30, 1863, when the
jury returned a verdict of Not Guilty.
MURDER OF Louis D'ALENCON. On the night of Thursday, or the morn
ing of Friday, March 12-13, 1863, Louis D'Alengon, the keeper of the
Valley House, near Martinez, was murdered by some person or persons
unknown. The last that was seen of the deceased alive was on Thursday
night by the hired man, an old friend and fellow-countryman who lodged
with him, when, having shut up the house, they partook of a drink together
before retiring for the night, the man then going to bed leaving D'Alengon
in the bar-room, where he was in the frequent habit of sitting up all night
engaged in writing, he being one of the most accomplished regular corres
pondents of one of the French newspapers in San Francisco. The companion
soon fell asleep and was not disturbed by any unusual noise, but thought
that had there been such, he would have noticed it, as he was used to
D'Alengon's habit of being up and moving about all night. At a very early
hour on the morning of Friday, the 13th, Pancho Flores, passing by the
Valley House on his way to a rodeo, noticed the door ajar, and saw the body
of D'Alengon lying on the floor between it and the bar. Pancho tried to
enter, but was unable to open the door wide enough on account of the
position in which the inanimate form lay. He therefore went round to the
back of the house, awoke the hired man and asked him what drunken man
was asleep in the bar. The two then went to ascertain, and were horrified
to find D'Alengon stretched on his back on the floor, weltering in his blood,
and dead.
MURDER OF A MAN, NAME UNKNOWN. A stranger, dressed in working
clothes, arrived at San Pablo on the night of Tuesday, August 4, 1863, and
after eating supper at the hotel, took his blanket and proceeded a short
distance up the road, when he turned off into a wheat-field, spread his bed
ding and lay down. On the following morning he was found there quite
dead, with a wound in the temple, apparently caused by a blow from a
heavy instrument. The body was yet warm when discovered.
KILLING OF JOHN PETE. On Monday, January 11, 1864, one Frank
McCann killed John Pete in a quarrel over a game of cards at San Pablo,
but what the particulars of the outrage were we have been unable to gather.
348 History of Contra Costa County.
MURDER OF MARTINE BERRYESSA. On Monday, February 8, 1864, at the
town of Old Pinole, Martine Berryessa was stabbed with a knife by a man
who was known by the solitary name of Francisco. Death was almost instan
taneous. The facts of the case are these : Some two or three weeks before,
hard words had passed between the parties, and the charge of horse-steal
ing was bandied from one to the other. Thereupon a scuffle ensued, in
which a cut was received in the leg by Francisco. They then separated,
after threats were thrown at Berryessa by Francisco, and they did not
cross each other again until the day of the fatal meeting, when Francisco
and two men with him, were, for some hours, at Pinole. Just as they
were about leaving, they saw Berryessa, and, going up to him, Francisco
observed that somebody wanted him at a place near by. Berryessa refused
to go with them, whereupon he was told he should be made to go, when
Francisco drew a pistol upon him. He held up his hands as if to ward off
the shot, or to seize the weapon, and then, instead of firing the pistol, Fran
cisco unsheathed a knife and stabbed him under the arm, it entering his
back immediately below the shoulder, penetrating the lungs, and causing
him to fall dead. The murderer and his two companions then fled. Fran
cisco being caught by the bystanders, after a short chase, was lodged in the
jail at Martinez.
MURDER OF ARAVENA. On Friday, June 17, 1864, a Chileno
named Aravena was killed under the following circumstances : It seems,
for some unexplained reason, he attacked a man named Humblot, a resident
of Oakland, Alameda county, who, in self-defense, turned on the deceased
and slew him.
MURDER OF A MAN NAMED "Jo." In the month of June, 1874, but on
what day we cannot ascertain, a man called " Jo " was stabbed by Juan
Alvarez, at Pinole. The cause was liquor and jealousy. Alvarez delivered
himself up to the authorities, but was discharged.
MURDER OF JESUS DIANA. The following detailed murder wa* com
mitted November 12, 1864, under the most revengeful and brutal circum
stances. It appiears that a Mexican by the name of Luis Romero had been
living in a family of the same nationality, a few miles from Pinole. In that
household was included a young woman about sixteen years old, the sister
of the mistress of the house. This young girl's name was Jesus Diana.
Romero was courting her and was very anxious to marry her. She, how
ever, refused all his solicitations, whereat he was very much incensed.
Immediately after breakfast, on the morning of the fatal day, he took his
gun and started off, as he said, on a hunting trip. Only a few moments
passed, however, before he came back to the house, and found the married
sister outside at a well near by. The murdered girl was within, washing
dishes. He then went in and stabbed her in the back with a common
Homicides of Contra Costa County, 349
butcher-knife. Her screams quickly brought the absent sister to the door.
Upon the latter crying out to Romero to desist, he turned upon her, too,
with the same knife, when she ran away. He called to her not to be afraid,
for he should kill himself also. He then went back, took the gun, which
was double-barreled, put it to his own throat, holding it under the chin so
that the charge should pass into his brain, and thus killed himself. Before
doing this, however, he had stabbed the girl in several places, one of the
wounds going entirely through the body.
MURDER OF VALENCIA. On Saturday, August 25, 1866, a Mexican
or native Calif ornian, named Valencia, died at Martinez from the effects of
a wound received at the hands of Jesus Garcia on the previous Tuesday.
It is said there was no provocation for the assault, although some quarrel
had occurred between the parties. The attack was made with a stick or
club of oak wood, with which the deceased was severely beaten upon the
head and other portions of the body. Garcia was arrested, tried, and on
December 27th sentenced by District Judge Dwinelle to imprisonment for
two years in the State Prison.
MURDER OF MRS. ELIZABETH ROBINSON. The following most brutal
murder was committed at Martinez on the night of December 26, 18CG, on
the person of Mrs. Elizabeth Robinson, an aged woman who dwelt in the
vicinity of the Roman Catholic Church, in that village. The facts of the
case are these : The body of the deceased was discovered lying upon the
floor by the child of a neighbor sometime during the forenoon of Thursday,
the 27th, and upon this information a number of persons immediately re
paired to the premises and found the body in a night-dress, upon the floor
of a rear room, with the head,face, arms and hands fearfully cut and gashed,
and several stabs in the breast and throat one of the latter being entirely
through the neck, from front to back. Near the body was a piece of candle
and a candlestick, and from the appearances led to the belief that the de
ceased, aroused by the noise made in entering the house, had arisen from
her bed, lighted the candle, and, on entering the rear room from which the
noise proceeded, received a severe blow upon the forehead, followed up by
assaults with a knife, against which the gashes upon the arms and hands
show she had made a protracted but unavailing struggle. The floor of the
house displayed blood tracks, and upon one of the partitions was the full
print of a bloody hand, made by the murderer, probably, on groping his way
through the dark. There were, also, the marks of bloody fingers upon the
sliding window, showing that he had carefully closed it on his retreat from
the premises. The object of the murderer was undoubtedly plunder, as the
deceased, who was about seventy-five years of age, by a long life of toil
had accumulated some property, and may have been supposed to have
money with her in the house, which had all the appearances of having been
350 History of Contra Costa County.
searched after the life of the woman had been taken. On Friday, the 28th,
a mixed-blood Mexican and Indian, called Manuel Jaurez, was arrested un
der circumstances which tended strongly to identify him with the murder,
several articles which belonged to Mrs. Robinson having been found in his
house in Martinez. He was duly incarcerated, and, after a trial lasting an
entire week, was found guilty of murder, the testimony against him being
entirely circumstantial, but most conclusive. On May 10, 1867, he was
sentenced to be hanged on June 28th, on which day he was executed at the
jail in Martinez. Before the carrying out of the sentence, in response to
the notice that he was at liberty to say anything he might desire to com
municate before execution, in substance he remarked : " In a few minutes I
shall be in the presence of my God, and I now declare that I am innocent
of the crime for which I am condemned to die ; and what I have previously
confessed, I did in the hope of escaping punishment."
KILLING OF SACRAMENTO LEIBAS. On the evening of Monday, January
7, 1867, Sacramento Leibas was shot and fatally wounded by Antonio
Figueroa, in the Pastor House, a saloon and boarding-house in Pacheco, and
principally patronized by native Californians. A difficulty had existed
between the parties for some time, and several weeks before, deceased com
plained of Figueroa for threats against his life, but the evidence submitted
to Justice of the Peace Sayles, before whom the case was brought, did not
warrant the placing him under bonds. On the evening of the killing three
men came into the saloon together : Bonifacio Pacheco, Espirito Alrnosan
and Antonio Figueroa, all somewhat under the influence of liquor. Figueroa
commenced to abuse Leibas, who replied, " It's all right, I don't want any
words." He then directed his conversation to Antonio Leibas, brother of
the deceased, in the same strain, and finally the remainder of those present
came in for a share of his vituperation. After a while he went out, but
soon returned followed by Pacheco, who was apparently endeavoring to hold
his arm. Figueroa raised a pistol, pointed it at Sacramento Leibas, who
was standing behind the counter, and fired, the ball taking effect near the
o o
heart of the unfortunate man, who died in about an hour and a half. Not
withstanding being pursued, Figueroa escaped. Pacheco and Almosan were
arrested as accessories, and after examination were discharged for want of
evidence; they were subsequently re-arrested and lodged in jail in Martinez.
Figueroa was traced to a point on the San Joaquin, near Firebaugh's Ferry,
where it is supposed he obtained a crossing in a boat kept there by a party
of Sonoranians. The accessories were found " Not Guilty," May 18th, and
discharged.
KILLING OF PETER LYNCH. It appears from the records that for some
time previous to the committing of this deed, a Portuguese named Antonio
Corquillo, had been in the. employ of Peter Lynch, who resided on San Pablo
Homicides of Contra Costa County. 351
creek. On a certain Saturday evening in the month of March, 1867, a bottle
of liquor was taken to the cabin where both the men lived, and both becom
ing intoxicated a quarrel ensued. The Portuguese finally went to his bed,
but was soon after assailed by Lynch. A struggle ensued, and in self-defense
Corquillo seized a monkey-wrench from a tool-chest near by and dealt to
Lynch a fatal blow. He made a full confession, surrendered himself to the
authorities, and on May 11, 1867, was tried and acquitted.
KILLING or ENOCH J. DAVIS. One of the proprietors of the Cumberland
House, at the Black Diamond coal mines, named Enoch J. Davis, died March
1, 1867, from the effects of a knife-wound inflicted by William Bowen, some
ten days prior to the decease. From the testimony given at the inquest it
appears that Bowen and another party got into a quarrel over a game of
cards and were ordered by Davis to go out of the house to settle their
difficulty ; they accordingly went out and after a fist scuffle, returned, still
disputing, when Davis again ordered them away to fight the matter out, at
the same time applying some derogatory epithets to Bowen, upon which he
ran to his room and returned with a knife, asking Davis if he called him a
" son of ," and upon the reply of Davis that he did, plunged the knife
into his breast ; then going back to the room, in which there were several
other lodgers, threw the bloody weapon on the table and declared he would
take the life of any man who called him such a name. The wound of Davis
was not thought at first to be mortal, and Bowen remained at the place
until within a few days of the decease, when he left.
KILLING OF WILLIAM NESBIT. The circumstances of this case are these,
as gleaned from the dying deposition of the victim. The murder was com
mitted near Somersville on the night of December 21, 1866. On that night
a difficulty having originally occurred between Nesbit and George Vernon,
he (Nesbit) went to the house of Vernon for the purpose of settling the
difficulty without further trouble and called at the door of Vernon's house
and told him that he wished to talk with him peaceably and settle their
difficulty without further words. Vernon told him all right, wait until I
get my boots and I will come and talk with you. Vernon went into the
house and returned instantly with a pistol, and whilst Nesbit was sitting
on the porch of Vernon's house, he fired at him, the ball striking him in the
breast, and as he jumped to run he again shot him in the back. He also
fired other shots which did not strike him. On April 24, 1867, Vernon was
found guilty of manslaughter and sentenced to ten years imprisonment in
the State Prison. In 1871 he was pardoned, the grounds given by Governor
Haight for so doing being : " There are serious doubts of his guilt, and it is
the opinion of many of the citizens of said (Contra Costa) county that he
should not have been convicted, and these doubts seem to be well founded."
352 History of Contra Costa Coiinty.
KILLING OF S. A. CARPENTER. On September 30, 1868, S. A. Carpenter,
an old and well-known resident of Alamo, was found dead in a trail leading
over a ridge to his residence, about two hundred yards from which the body
was discovered. His horse, all saddled, had been previously found roaming
about, the circumstance which led to the search. The deceased was in his
shirt-sleeves, as if only a temporary absence was intended. He had been
shot through the body, the ball entering the right side just below and be
hind the arm, and coming out of the right side a short distance below the
nipple. There was no apparent deflection in its course, and passing about
an inch below the heart, produced death almost instantaneously. From its
evident force, the ball was thought to have been discharged from a rifle or
heavy revolver. His pantaloons were also cut in the folds on the left side,
apparently by a ball that passed clear of the body. Mr. Carpenter is de
scribed as a man of very eccentric disposition. He was unmarried, and
lived alone in a little spot that he had surrounded with a wealth of floral
beauty. Shrubs of various kinds were artistically trained in the most at
tractive style, and flowers of countless hues unfolded in beauty and mingled
their fragrance around his humble dwelling. His house was a model of
neatness and order, that would have won encomiums from the most thrifty
housewife, and the general aspect of the place gave evidence of the aesthetic
traits of its possessor. Some time before, Mr. Carpenter gave unmistakable
proof of insanity, and was for a time removed to Stockton ; since his return
he had not been generally regarded as of sound mind. He was very irrita
ble, and disposed to be quarrelsome towards his neighbors and all others with
whom he came in contact. He had made threats to poison stock, and in
many ways made enemies. Possibly some one unaware of, or unwilling to
allow for his infirmity, may have compassed his death in revenge for injuries
received at his hands. Be that as it may the murderer made his escape.
KILLING OF MRS. LAURA WALKER. A man named Walker, who lived
on the farm of Mr. Sellers, near the Kirker Pass, on the Nortonville side,
was arrested on Sunday, September 5, 1869, for causing the death of his
wife by beating her. Both the accused and deceased are reported to have
been indulging excessively in drink on the previous evening, at the house of
a neighbor, and the beating occurred on the way home. On November 30,
1870, Walker was convicted of manslaughter, when a motion was made for
a new trial, which was denied, and the prisoner sentenced to ten years im
prisonment in the State Prison.
KILLING OF JOSE VACA. In an affray at the village of Concord on
Monday, May 2, 1869, a Calif ornian Indian named Jose' Vaca was killed by
another called Fernando Feliz. The deceased had been well known in the
vicinity for a long time as a drunken, brawling, besotted fellow, the other
being also well known as a quiet inoffensive person, past the meridian of life
Homicides of Contra Casta Coiinty. 353
and afflicted from an early age with an infirmity that made him a cripple.
It appears that the deceased, who, had been drinking to inebriation, ap
proached the hut of Feliz with a bottle and wanted him to drink, an invi
tation he declined, saying ; that " much whisky is no good ; " but told the
other he would make a fire and give him something to eat. While making
the fire Jose' seized hold of him, saying : " Now, I have got you where I
want you, and mean to kill you," thereupon striking him a heavy blow with
the bottle and breaking it Fernando struggling to defend himself, Jose' in
the meanwhile slashing and punching his face with the fragments of the
bottle still held in his hand by the neck. In the scuffle that ensued they
got outside of the shanty, where Fernando found an opportunity to seize a
large knife with which he gave his antagonist two or three lunges, one
of which, as was found on the post mortem examination, passed entirely
through the heart, severed the fourth rib, and killed him instantly. A judg
ment of justifiable homicide was returned.
KILLING OF GEORGE MINCHELL. George Minchell, who, with his family,
had been living in Ygnacio Valley, about two miles from Pacheco, and farm
ing on the land of Charles S. Lohse, was shot at his own door on the morn
ing of Thursday, September 8, 1870, by a man named William Donovan,
who had been in his employ, and who claimed an unpaid balance of wages ;
while, it is asserted on the other hand that he had been overpaid eight dol
lars. It is said that Donovan visited the house of deceased on the pre
vious evening, demanding payment of the claimed dues in abusive and
threatening language. Thursday morning he returned at day-light, and as
the deceased was lighting the fire, entered the house, using threats and
abusive language. Minchell dii-ected him to leave the house, and followed
him out. A moment afterwards the discharge of a pistol was heard and
Minchell re-entered the door saying to his wife : " Mary, I am shot ! " " You
are not going to die, George, are you ? " " Yes, Mary ! " And he imme
diately dropped dead upon the floor. Donovan was arrested, and when
the Sheriff approached him with the manacles he exclaimed, fully realizing
his situation, " Oh God, this is what drink has brought me ! " He was duly
tried, and December 8th sentenced to be hanged on February 3, 1871.
Judgment was stayed, and on April loth William Donovan was granted a
new trial on the ground that a continuance asked for the defendant on the
former trial was improperly denied. The continuance was demanded for
the procuring of witnesses to prove that the prisoner had been an inmate
of an Insane Asylum, and it was denied on the admission of the prosecu
tion that the fact alleged would be proved by the required witnesses if they
were present. The Supreme Court decided that this admission was not
sufficient, and that the defendant was entitled to an opportunity of proving
the fact. The case was moved to the San Francisco courts, and on December
354 History of Contra Costa County.
12, 1871, Donovan was convicted of murder in the first degree. After
wards, in February, 1872, a motion for a new trial was sent on appeal to
the Supreme Court, who issued a writ to stay execution of sentence until
the " pending motion is heard and decided," and on June 27th directed that
an order be entered affirming the judgment of the Court below, and direct
ing the lower Court to fix a day to carry the sentence into execution he
was, therefore, sentenced to be hanged on Friday, December 13th. In the
meantime a petition to pardon the murderer had been sent to the Governor
of the State who declined to interfere, but ultimately execution was stayed
by Governor Booth, who was moved thereto by an immense petition for a
commutation of sentence.
KILLING OF HERMAN HEYDER. From November 18 to 25, 1870, the
Fifteenth District Court was occupied with the trial of Matthew Caspar,
indicted for the murder of Herman Heyder, by poison, put into the food
served to him by the accused, when the deceased was a visitor at his house,
some ten or twelve miles southeast of Antioch. The general facts and fea
tures of the case may be briefly summarized as follows : On the sixth or
seventh of September, 1870, Heyder and Caspar were brought into Antioch,
at one or two o'clock in the morning, Heyder lying in the bottom of the
wagon and Caspar sitting upon the seat beside the driver; both were
represented to Dr. Howard to be suffering from the effects of strychnine
taken with the food they had eaten for supper at the house of Caspar, some
five or six hours before. Heyder died soon after reaching Antioch. Cas
par recovered, and from the medical testimony, and other facts subsequently
developed or considered, it appeared doubtful if he had exhibited any
symptoms of having been poisoned at all. A jury was summoned to make
an inquest in the case, and after a very patient, tnorough and protracted
investigation, Caspar was held, on their finding, to answer before the Grand
Jury on a charge of poisoning Heyder. The finding of this jury, and, pre
sumably, of the Grand Jury, was based wholly upon strong circumstantial
evidence of the guilt of the accused. It was, in the first place, almost in
conceivable that so atrocious and diabolical a crime could have been com
mitted without some motive of envy or cupidity ; and the most diligent
inquiry failed to develop a fact or suggestion which warranted suspicion
that any one had been prompted by such motives to enter Caspar's house
in his absence and mingle strychnine with the various condiments and arti
cles of food, which would be eaten by him on his return, for the purpose
of killing him. Large quantities of strychnine were found in the sugar-
bowl, pepper-box, the salt upon the table, the syrup, the butter and in the
batter-pan, and the flap-jack cakes, cooked and eaten, at least by Heyder,
for supper for he was unquestionably poisoned, exhibited all the most
painful symptons, and died within a few hours after the fatal meal. Strych-
Homicides of Contra Costa County, 355
nine was found in his stomach, on chemical analysis of the contents, and in
the undigested portion* of the cake he had eaten. The question then arose
with the jury of Inquest : Had Caspar any motive which would possibly
have prompted him to such an attempt to destroy the life of his visitor and
guest ? It was shown that Caspar and Heyder had been acquainted for
some time ; had worked together in herding sheep, that Heyder had money,
and that Caspar had been trying for some time to borrow several hundred
dollars from him. His statements in relation to the preparation of the sup
per when Heyder came with hii to the house after having been with him
when he had been at work durifag the afternoon, and many other circum
stances developed in the investigation, produced a conviction of Caspar's
guilt in the minds of the Jury of Inquest ; and the testimony before the
Grand Jury doubtless produced the same conviction there, to warrant his
indictment for the murder. With the strong circumstantial evidence of
guilt which had warranted the findings of the two juries, the prosecution
on the trial brought in the testimony of two prisoners confined in the jail,
to prove an admission, on the part of Caspar, to them in prison, that he did
the poisoning. This was the only testimony purporting to be of a positive
character, against the prisoner ; and it probably had not the weight with
the jury that the testimony of persons unaccused of crime would have had,
though these prisoners had no apparent motive for testifying falsely
against the life of another; it is therefore not surprising that, under
their solemn responsibilities, with no alternative but condemnation to death
or acquittal, the jury should have failed to find a verdict according with the
general conviction of the prisoner's guilt.
KILLING OF JAMES FERGUSSON. A stranger named James Fergusson,
on his way from Gilroy, where he had been employed in the redwoods, to
his home at Windsor, Sonoma county, arrived at Martinez too late to cross
the ferry on the evening of Sunday, June 4, 1871, and met a violent death
between midnight and Monday morning, under circumstances of a pecu
liarly painful nature. The deceased was accompanied by three sons, aged
respectively eighteen, thirteen and ten years, and being obliged to remain
over night at Martinez put up their horses in the stable of the Alhambra
Hotel, where he and his two younger lads at a later hour made camp beds,
the eldest boy at a still later hour going to his bed in their wagon, which
stood in the stable yard. During the evening Fergusson had been drinking
pretty freely, and obtained from George Gordon Moore, Senior, a sum of
one hundred and seventy-five dollars, which deceased had given him to
take charge of. This money was not found on his body. At about 8 o'clock
P. M. he went to the saloon of Francisco Saurez, and there remained unti]
one o'clock on Monday morning, leaving at the same time as did Alexander
Naghel, William Higgins and K. W. Taylor. The first of these, whose testi
mony is the most important relative to material facts, stated at the inquest
356 History of Contra Costa County.
that while there, Taylor playing on a guitar and Saurez on an accordeon,
deceased jumped up and began talking about soldiering, saying that he had
had command of fifteen hundred men. Not much attention was paid to
what he said, and after a little they all drank together. The deceased then
began showing the sword and fist exercises with his cane and fists, most of
them joining in the play. Deceased then asked Taylor to take the stick
(for attack) and he would defend himself with his fists. After one or two
passes Fergusson said to Taylor : " There ! I could have hit you, so and
so." Taylor replied : " I could have knocu.ed the knuckles off you," etc.
After a general " skylarking," Taylor handed the stick back to deceased,
who in flourishing it dropped it on the fkA 1 , then giving it a kick that sent
it over the screen. Saurez picked the stick up and told the deceased he
would keep it until he went away. After this Taylor and Saurez played
the guitar and accordeon, and deceased wanted them to play " Dixie," and
they complied, playing and singing, Fergusson joining in the chorus. Negro
and Irish songs were then sung. Then Higgins asked for a Union song.
The deceased said : " Anyone that will sing a Union song is a d d son of
a ." No reply was made to this remark by any one. Taylor sang one
or two more songs, and then sang a Union patriotic song. After more
singing, Saurez said : " Let us all go to bed." Taylor said : " Let us all
take a drink." All drank except the deceased, who got up and said he
" had a boy twelve years old in his wagon over there, and he had made that
boy fetch his man." Taylor said there was no use in talking about that
now, the war was over. Deceased then began talking about one Southerner
being equal to five Yankees. Taylor and Saurez were at this time looking
over the accounts of the latter, and while thus employed, and while the
deceased was bragging about being able to whip five Yankees, Higgins,
who was sitting on the billiard table, came forward and proposed that all
should go home. Taylor said : " We will all go home if Saurez will treat."
Saurez treated, and all drank, including deceased. Taylor, Higgins and
Naghel then went out of the saloon and started towards the bridge. The
deceased started at the same time, but turned back to enter the saloon,
when Saurez ejected him, telling him to go home and go to bed, as he
wanted to shut up. Naghel further stated that he left Taylor in order to
go down the street ; that the deceased walked up against Taylor, who then
turned aside and tried to avoid him. Naghel then walked back to where
they were. Deceased again walked up against Taylor, who said : " Go
away from me ; I don't know who you are, and don't want you to follow
me. Go about your business." At this time Taylor gave him a shove and
he fell backward. After he got up Naghel told him he had better go away,
but he would not, and persistently thrust his society upon them. Naghel
then asked him where his wagon was ? He pointed in the direction where
it stood, and he was told to go to it. He started in the direction, Taylor,
<Homicides of Contra Costa County. 357
Higgins and Naghel walking after him towards the residence of the first-
named, deceased walking on the sidewalk and they in the middle of the
street. When deceased reached Wittenmyer's corner he halted and turned
back, still walking on the sidewalk, and went around the corner towards
Sturges' Hotel. The three then remained talking for a short time in the
middle of the street, and opposite the thoroughfare leading to Bent's ware
house. While standing there, Fergusson came back from the direction of
the Alhambra Hotel, and approached in the middle of the street within
about fifteen steps, when he dropped on one knee with a gun pointed in the
direction in which they stood. Naghel remarked to his companions, " He
has a gun ; look out !" They all thereupon concealed themselves in sepa
rate places of safety, and the ^deceased got up to follow. Naghel ran again
in the direction of Bent's warehouse, but did not notice where the other two
went. He saw, however, deceased drop on one knee as before, and saw the
flash of a gun. About a couple of seconds after, he heard Taylor call :
" Brown !" Naghel then went back to Brown's porch. He (Sheriff Warren
Brown) brought out a carbine and gave it to Taylor, cautioning him to be
"very careful, for it would go off easy," and "not to .shoot if he could help
it," or words to that effect. In the meantime Naghel was dispatched for
Mr. Gift to arrest the man. Taylor then took up his position by the rail
ing near the end of the bridge. He now saw deceased approaching, holding
his gun as if ready to fire, and searching about him for some one. Seeing
Higgins, he pointed the weapon towards him. At this moment, Taylor
stepped to the end of the bridge and ordered him to hold up his gun. He
immediately wheeled round and pointed it at Taylor, when he (Taylor)
fired and killed him. Taylor then handed himself over to the Sheriff, who
had now coine up. The jury found a verdict that deceased was killed by
K. W. Taylor, the shot being in self-defense.
KILLING OF SILVERIO MONJAS. Of this affair the Contra Costa Ga
zette of July 8, 1871, has the following : " During the past week or more, the
people of the central portion of the county have been intensely excited by
occurrences growing out of the disputed ownership and possession of a cer
tain portion of the Moraga grant, about which there has been much litiga
tion and contention for several years. The land in question is claimed on
one side by Isaac Yoakurn, and on the other by members of the Moraga
family. Some two months or more ago the Sheriff, by writ of the District
Court, was directed to put Yoakum in possession of the lands then occupied
by a portion of the Moraga family, but he had, as is claimed, no authority
in executing the writ, to remove and dispossess such of the Moraga children
as were not named in the instrument, and he refused to do so. Yoakum, or
his agent, as is said, refusing at the time to accept possession unless all the
Moragas and their personal effects were removed. Yoakum subsequently,
358 History of Contra Costa County.
however, went into occupancy of the portion of the premises to which the
writ entitled him ; and the Moragas remained in possession as the Sheriff"
had left them, of a portion of the land claimed by Yoakum, and to which,
as we understand, he would have been entitled under the judgment of the
Court, but for an error of omission in the complaint in action, upon which
the judgment was rendered in his favor. From this situation of affairs,
both parties claiming and believing they had legal and equitable rights which
they were justified in asserting and defending, much heat and bitterness of
feeling has arisen, and several serious collisions have occurred to the immi
nent peril of life on both sides. Some time early in May several rifle shots
were fired at one of the Moragas, and the horse he was riding was killed by
a man in the employ of Yoakum, named William Steele, who was at that
time, together with one of the Yoakum boy s> under one thousand dollar
bonds to answer before the Grand Jury of the county.
" Since that time the temper of the hostile parties has not improved, and
threatening demonstrations and preparations have been made on both sides,
with no very serious results, however, until last Saturday (July 1st) when
Silverio Monjas, one of the Moraga party, was shot by William Steele, as
he affirms, in self-defense. On the previous day there had been a collision
between the parties and a good deal of shooting. In the mdlee, one of the
Moraga girls was struck with a gun and severely hurt by Mr. Yoakum, and
the horse he was riding was fatally shot. Reports of these occurrences
spread rapidly about the county, and created a degree of excitement and
manifestations of indignation seldom produced in our usually quiet and
moderate community ; and the excitement and indignation reached a higher
pitch on Saturday, after the shooting of Monjas, threatening to culminate in a
vengeful outbreak against the Yoakum party. In the heat of the excite
ment many intemperate and improper charges and threats were made, which
a cooler judgment and a fuller knowledge of facts would not justify.
" Sheriff Brown was on the ground shortly after the shooting of Monjas,
on Saturday, and on the information of Yoakum, found and arrested Steele.
Yoakum voluntarily offered to surrender himself to the Sheriff for examina
tion before any competent magistrate, upon any charge that might be pre
ferred against him, and accompanied the Sheriff' to Walnut Creek, where, on
finding Justice Slitz was absent, they proceeded to Pacheco, and on reach
ing that place, found that Justice Ashbrook was also from home. Yoakum
here declined to accompany the officer farther, though he offered to give his
word or bond for appearance, whenever, and for whatever purpose, required.
As the Sheriff had no warrant or authority whatever for detaining him, he
was allowed to go ; and the Sheriff' has been highly censured therefor, but,
so far as we can see, without the slightest good reason."
Monjas, who was shot by Steele, died about three o'clock on Saturday
morning, and a Jury of Inquest, summoned and sworn on Sunday by
Homicides of Contra Costa County. 359
Justice Allen, continued their inquires until Monday evening, when the
inquest was adjourned to ten o'clock, Saturday morning at Walnut Creek.
Steele was brought before Justice Ashbrook for examination on Thurs
day ; the People in the conduct of the case were represented by District At
torney Mills, and the defendant by Judge Blake, of Oakland. The examin
ation was concluded on Friday afternoon, and Steele was held to answer for
murder without admission to bail.
The Jury of Inquest found : Isaac Yoakum to be accessory to the kill
ing of the said Silverio Monjas.
He was brought before Justice Ashbrook of Pacheco on July 10th to
answer to the charge of assault with a deadly weapon, with intent to com
mit bodily injury upon the person of Gunecinda Moraga in Moraga valley
on June 30, 1871. On motion of Judge Warmcastle, acting for District
Attorney Mills, the charge was modified to one of assault and battery. The
defendant, contrary to the expressed desire of the Court and the prosecu
tion, objected to trial of the charge by jury, and in deference to his objec
tion the case was tried without a jury. The trial occupied the greater part
of the 10th and llth. The defendant conducted the casein his own behalf,
assisted by a young lady, his daughter, who wrote out the testimony as
given in by the witnesses. The evidence produced clearly sustained the
charge, and established that the defendant had proved an aggravated as
sault upon the Moraga girl, striking her twice with his gun and inflicting
severe hurts upon her person, while, at the request of his herder, she and
her sister were assisting him to drive the defendant's sheep away from the
inclosure held by the Moraga family. Yoakum was found guilty and fined
five hundred dollars, but gave notice of appeal.
On the charge of being accessory with William Steele in the killing of
Silverio Monjas, Isaac Yoakum was brought before Justice Wood of Dan
ville on July 24th, being continued till the 27th, and at the conclusion of the
examination was held upon bail of three thousand dollars to answer to the
charge.
The case of George Steele was tried in Alarneda county, before the Third
District Court, whose term commenced February 19, 1872. The case was
transferred for trial on the motion and affidavits of the prisoner's counsel
to the effect that existing prejudice would prevent an impartial trial in
Contra Costa county. The case w^as set for March 4, 1872, and on that
date he was acquitted. He was then held on the charge of an assault to
murder, with bail bonds fixed at two thousand dollars.
KILLING OF PATRICK SULLIVAN. On the afternoon of Saturday, October
28, 1871, Justice Ashbrook, of Pacheco, was notified of the death of Patrick
Sullivan, at the residence of James Sullivan, his brother, near Bay Point,
from a gun discharged at his head 'by Mrs. Catherine Sullivan, the wife of
360 History of Contra Costa County.
James. Of the untoward affair we find from the testimony adduced that
James Sullivan was absent from home for several days, and had returned
only on the 24th of October, but heard nothing from his wife that anything
unpleasant had transpired ; but observed that she did not speak to his
brother, nor he to her ; and on the 27th his brother told him that he must
look out for another man as he was going to leave. On Saturday, the 28th,
they had been sowing wheat in the forenoon, and all were at the dinner-
table as usual, but his wife did not eat ; a circumstance that Sullivan attri
buted to her being unwell. After eating he (the husband) moved back his
chair and was reading a newspaper, when he was startled by the discharge
of a gun in the room, and on looking up, saw Mrs. Sullivan standing in the
pantry door with the gun, and saw his brother fall forward upon the table.
Shocked and alarmed, he sprang up and rushed out of the door, his wife
following with the gun in her hands, and the children clinging to her skirts.
In his excitement and agony of mind, he exclaimed, " My God ! what have
you done ! was it an accident ? " to which his wife replied : " No ! I shot
him. He deserved it. He was a villain. He attempted a vile outrage on
me ! " She then told him that the deceased on the previous Monday night
(the 23d) had forced open the window, entered her bedroom, and attempted
to outrage her, but she had fought him off; and on her declaring that she
would take the children and go to Cunningham's (one of the neighbor's) for
protection, he threatened if she did so, or if she reported a word of the
matter to her husband, he would kill her. On the following morning, after
she had passed a sleepless night, while she was preparing kindling-wood to
light a fire, he came in, threw his arms around her and attempted to force
her into his room, but she fought him off with the butcher-knife she was
using to split the kindling, and her little boy, who had been waked by the
noise, coming into the kitchen, he retired ; but during the morning, and
before the return of her husband, the deceased found an opportunity to
renew his threat to kill her if she reported a word of w r hat had occurred. All
the testimony and collateral circumstances seem to sustain Mrs. Sullivan's
statement of the matter to her husband, and the statement she made upon
the inquest and the .examination is the same. She was apprehended and held
on five thousand dollars bail to answer to the charge before the Grand Jury.
Mrs. Sullivan was duly arraigned and the case set for Friday, November 24,
1871, when she was very properly acquitted.
KILLING OF PETER PETERS. A Welchman named Peter Peters was shot
and mortally wounded by a fellow-countryman named Job Heycock on
Thursday, March 14, 1872. From the testimony given before the Coroner's
jury it appears that Heycock was aroused from his sleep on Thursday
morning between the hours of four and five o'clock by a great noise in the
room adjoining his bedroom. He got up, went into the next room, taking
Homicides of Contra Costa County. 361
with him a loaded, double-barreled shot-gun. It was quite dark there ; but
he thought he noticed somebody going upstairs ; he called out to him to
stop, but receiving no answer, he fired. The deceased fell down to the
bottom of the stairs. Heycock approached him, found him to be Peter
Peters, a very particular friend of his. It also appeared from the testimony
that William Rees, a person living with Heycock, was about lighting a fire
in the kitchen when the deceased approached the window from the outside,
broke a pane of glass, raised the window and came in. Rees did not know
who the person was, his light having gone out, and was frightened so that
he ran upstairs, causing thereby a great noise which woke everybody in
the house. T
