El Dorado County History

Historical Souvenir of El Dorado County California with Illustrations 
and Biographical Sketches of its Prominentmen and Pioneers. 
Oakland 1883. Paolo Sioli, Publisher. Compiled by P. Sioli.

Transcribed by Peggy Hooper, Oct 2009.

This file is part of the California Genealogy & History Archives
http://www.rootsweb.ancestry.com/~cagha/index.htm

These electronic pages may NOT be reproduced in any format for profit 
or presentation by other organizations. Persons or organizations 
desiring to use this material for non-commercial purposes, MUST obtain 
the written consent of the contributor, OR the legal representative of 
the submitter. All persons donating to this site retain the rights to 
their own work.


CHAPTER XVI. 

ORGANIZATION OF COUNTY AND COUNTV COURT SEAT. 

El Dorado county is one of the twenty-seven counties into which the State was divided at its organization, 
their boundaries being the matter of an act signed February 18th, 1850. 

When the order of the day brought up the debate for subdividing the state into counties, it was found 
that not only the geography of the territory, to the greater extent, was still unknown and the rest veiled, 
but the population was still so uncertain and unsettled, the course of the rivers as well as the character of the 
mountains not sufficiently known, that all this caused much perplexity and delay. But it must be said, they 
did the best they could do under the perplexing circumstances, and however ungainly in shape or boundaries, 
some of the counties might have been laid out first, causing many a correction in later years, the 
boundaries of El Dorado, with the first choice, struck the right point ; little or no alterations have been 
necessary up to the present day. As the county in which the discovery of gold was made, and consequently 
having the greatest .Attraction for all those who had come to hunt up a fortune in this new El Dorado, 
and being one of the largest and richest counties in the mining district, she was deservedly complimented 
with the name she bears. 

In 1850, when the vote was taken for the location of a court seat in the county, Coloma received the largest 
number of votes, for the reason it then had hardly any competitor of note, as up to that time most all 
the population had concentrated around Coloma. But its development was limited and the increase of its 
population could not stand the comparison with other districts, particularly those of Hangtown and Weber 
creek. And ere long the ambition of the people of the first named district grew high enough to start an 
agitation for the removal of the county court seat to Placerville, as being located so much more convenient 
and the most central location of the county. Public meetings were held at Placerville, in January, 1854) 
and as the result of a resolution then adopted, the following bill for the permanent location of the county 
court seat of El Dorado county was introduced in the State Legislature ; 

The People of the State of California, represented in Senate and Assembly, do enact as follows : 

	Section 1. The county judge of El Dorado county shall, at least four weeks prior to the next general election, 
make proclamation to the voters of said county, and shall cause the same proclamation to be published 
in all the newspapers published in said county, as often as the same may be issued, that at the next general 
election the question of the removal of the county seat shall be voted on by the qualified voters of said 
county, and stating the form of ballot to be used at said election, which shall be as follows : "For County 
Seat," naming the place to be voted for, and said ballots shall be counted at the same time, and in the like 
manner as those cast for the officers to be chosen at said election. 

	Sec. 2. The returns of the votes so cast for a county seat shall be made to the county clerk as in manner 
provided by law. 

	Sec. 3. After the returns shall have been canvassed, it shall be the duty of the county judge to declare that 
place which shall have received the greatest number of votes, to be the county seat and shall cause the 
same to be certified to the Secretary of the State. 

	Sec. 4. If it shall be ascertained that the place chosen, as aforesaid, for the county seat of said county, 
is other than the town of Coloma, the court of sessions shall immediately proceed to make all necessary 
contracts for the erection of a court-house and jail, and other necessary offices for the county seat, which 
contracts shall be given to the lowest responsible bidder. Bonds and sureties shall be required of a 
responsible character, equal in amount to the price to be paid for the erection of the buildings specified in 
such contracts ; and payments shall be made on the contracts in such manner as the court of sessions shall 
deem most conducive to the interest of the people of the county ; provided that no payments shall be made 
until the completion of the buildings according to contract, and until they shall have been received by the 
court of sessions. 

	Sec. 5. No contract shall be made as specified in the preceding section, until after the proposals for such 
contract shall have been advertised by the court of sessions, for at least two weeks, in all the newspapers 
published in said county, which proposals shall specify with exactness the size, and manner of construction, 
and the time within which the said buildings shall be completed, and no member of the court of sessions or 
other county officers, shall be interested either directly or indirectly in the contract so made. 

	Sec. 6. Within sixty days after the execution of such contract, or as soon as the buildings at the new 
county seat shall be ready for use and occupancy, it shall be the duty of the court of sessions to cause to 
be removed, the public archives, records and other property of said county, to the place so declared to be 
the county seat ; and the terms of the county court of sessions and the district court of said county shall 
thereafter be holden at the county seat. 

	Sec. 7. Whenever the buildings now occupied at the present county seat shall be no longer needed for 
public use, it shall be the duty of the court of sessions to order the sheriff of the county to expose the same 
for sale at public auction, to be sold to the highest bidder, together with the ground belonging thereunto ; 
the proceeds of which shall be paid into the county treasury. The sheriff shall furnish a bill of sale of all 
the property sold, to the county treasurer, and take the treasurer's receipt for the moneys paid him on 
account of such sale ; which receipt shall be filed as a voucher with the county auditor. 

	Sec. 8.  All laws or parts of laws conflicting with the provisions of this act so far as they or either of 
them are applicable or relate to the county of El Dorado, are hereby repealed. 

This act, passed by the Legislature of California in April, 1854, was the result of a petition of the citizens 
of Placerville, introduced as a bill in the Legislature in session ; the city of Placerville being incorporated 
about the same time and being undoubtedly the most important town in the county, and in full 
understanding of the way and means how to increase her significance, made great efforts to get the county 
seat changed from Coloma to Placerville, making it plausible that suitable buildings for court-house and offices 
would be given by the citizens. The Legislature, as above stated, submitted the question to the decision 
of the people at the next general election, to come off in September of the same year, giving the matter an 
ample chance for agitation in the meantime. 

Besides Coloma, anxious to keep what had been in her possession since the organization of the county, 
and Placerville, three more aspirants entered the contest for the county seat. Georgetown also marched 
in the field for the agitation for removal of the county seat. The Mountain Democrat of May 18th, 1854, 
gives the following : 

" At a meeting of the citizens of Georgetown and the northern portion of El Dorado county, held at 
Georgetown on the evening of the 12th inst., on the subject of the removal of the county seat, T. W. 
Brotherton, Esq., was called to the chair, and Joseph C. Terrell, appointed secretary. Whereupon the 
following preamble and resolutions were unanimously adopted : 

Whereas, The Legislature of California has left the question of the permanent location of the county 
seat of El Dorado county to be decided by the qualified voters of said county at the approaching election ; 

And whereas, For the opinion of this meeting, Georgetown is the most suitable place in the county 
for the permanent establishment of the county seat, possessing as it does, many advantages unequalled by 
any other place spoken of to be voted for the county seat. 

Among which advantages might be mentioned the regular manner in which it is laid out, and the great 
width of its streets ; which not only afford extraordinary facilities for business and travel, but are almost a 
sure guaranty against fire. 

In addition to which, her citizens never have been, and it is presumed never will be found wanting in 
energy, liberality and public spirit, as is evidenced by the fact that we have a large and spacious town hall � 
an edifice unequalled by anything of the kind in the mountains of California � as well as a large substantial 
church, built by the citizens generally, without distinction of sect or creed, and free for all Christian 
denominations. Also a fine district school-house, finished after the most approved models, and affording 
the best accommodations for the children of the district. 

We have also an inexhaustible supply of mountain water, which requires neither snow nor ice to make it 
palatable, as well as a never-failing stream running through our midst ; and as for beauty of scenery, 
salubrity? (hard to read) of climate and uniform good health, we challenge the world to find a parallel
 � making Georgetown altogether one of the most desirable places for the permanent location of the 
county seat, that can be found in the county of El Dorado. Therefore, 
	Resolved, That we will use all honorable means within our power, to secure the permanent location of 
the county seat of El Dorado county at Georgetown. 

Resolved, That if Georgetown is successful in procuring the county seat, that we pledge ourselves to donate 
to the county of El Dorado, for county purposes, the large and commodious building in said town known 
as the " Town Hall." 

Resolved, That a standing committee of five be appointed to devise and carry into execution the best 
means to secure the election of Georgetown for the permanent county seat of El Dorado county, and said 
committee report at " Warren's Hall," at 8 o'clock, two weeks from to-night. 

Resolved, That the proceedings of this meeting be published in the State Journal, the Sacramento Union, 
and in the papers of this county. 

	On motion, the meeting adjourned. 
				T. W. Brotherton, Pres't. 
	J. C. Terrell, Sec'y. 

Georgetown, however, withdrew in favor of Greenwood Valley, and if it had not been for the jealousy 
of Diamond Springs, we don't know why the county seat would not have been removed in 1854 from 
Coloma to Placerville. At the general election of September 6th, 1854, the following vote was given for 
county seat : 

	Coloma 4,601 
	Placerville 3,745 
	Diamond Springs 2,073 
	Mud Springs 685 
	Greenwood Valley 441 

Immediately after the election, for the first time some talk was circulating to divide the county of El 
Dorado, on account of her huge dimensions, but in fact as the hearty wish of some politicians to try the 
experiment, expecting to have better control of the votes of the county in the diminished shape; but for 
this time it was of no consequence whatever. About a year later, however, a member of the State Assembly 
by the name of White gave notice in the House that he would introduce a bill to divide the " Empire 
county." 

The question of the removal of the county seat from Coloma to Placerville, that had been slumbering 
since the election in the fall of 1854, turned up again in the spring of 1856. This time the first request was 
made by the population of Cosumnes and White Oak townships, comprising the whole population of the 
southern and southwestern part of the county, who by reason of the geographical location of their places of 
residence, would be benefitted by a removal of the county seat to Placerville, as the most central and 
conveniently located place. Coloma, in anticipation of this second contest, that promised to become a more 
serious one, and that she might not be able to come out of it as lucky as the first time, opened subscription 
lists and solicited names for remonstrances. 

At Placerville the citizens convened at a large and enthusiastic meeting March 15th, 1856; Mayor Jervey 
was called to preside, Captain W. H. Smith and exMayor A. Hunter were chosen vice-presidents, and W. 
Wadsworth and D. W. Gelwicks were appointed secretaries. The object of the meeting being stated, to 
take into consideration the subject of the location of the county seat, on motion, the following gentlemen 
were appointed a committee to draft and report resolutions expressive of the sense of the meeting: B. R. 
Nickerson, Captain Smith, Dr. Child, Captain Norton, and J. O'Donnell. Mr. Nickerson reported the 
following resolutions, which were, after a full discussion, unanimously adopted. The most determined spirit 
characterized the whole proceedings. 

Resolved That we fully recognize the inherent right of governments, whether territories, states, counties 
or corporations to legislate and determine their own local affairs through the direct action of their own 
citizens ; therefore. 

Resolved, That the course of a portion of the El Dorado delegation in our State Legislature, consisting 
of Messrs. Taylor, White, Welch and Oliver, to whom was referred the bill to submit the permanent location 
of our county seat to a direct vote of the people at a special election, is a gross outrage of every principle 
of popular sovereignty, and merits our decided reprobation. 

Resolved, That the committee of the House, Upon " Counties and County Boundaries," for their 
unanimous report in favor of the passage of the bill to submit to the electors of El Dorado county, at a 
special election, the permanent location of the county seat, deserves our unqualified approbation. 

Resolved, That Messrs. Gage, Heiskell, Bowe and Borland, for their strict adherence to the true interests 
of their constituency, as well as to a well settled national principle, in urging upon the Legislature the 
passage of the bill to submit the question to a direct vote of the whole people, disconnected with party 
politics, have done their duty to their constituents. 

Resolved, That the report submitted by Dr. Taylor is in direct conflict with the will of a large majority of 
the people he was elected to represent, and in all the essential features at variance with the facts ; and that 
part of said report relating to our county buildings a wanton attempt to mislead the Legislature upon a 
subject of vital importance to the citizens of our county. 

Resolved, That we will support no man for office at the coming election, of any particular party, who by 
his action upon this vital principle of self-government refuses to submit the same to the people directly 
concerned. 

			W. E. Jervey, President, 
		W. Wadsworth,
		D. W. Gelwicks,  
		Secretaries. 

Under date of Apr�l 21st, 1856, the Board of Supervisors issued the following ; 

Whereas, An act emitled "An act to submit the question of removal of the county seat of El Dorado 
county to the qualified voters thereof," having been enacted by the people of the State of California: and 

Whereas, Said act having been approved by the governor of this State, and the same certified to the 
board ; and, whereas, said act provides that an election, thirty days after the passage of said act, shall be 
held in said county of El Dorado, to locate and establish the county seat of said county, and to determine 
whether the said county seat shall remain at Coloma or be removed to the city of Placerville. 

Therefore, we, the Board of Supervisors of said county, hereby give notice under our order, that an 
election will be held in all the precincts in this county, on Saturday, the 17th day of May, A. D 1856, 
in pursuance of said act. 

			Alex Irvine, 
			Chairman Board of Supervisors. 
		D. C. McKenney, Clerk. 

The election returns gave a total vote of 13,393, of these 85 had been rejected for want of proper 
certificates ; the balance of the 13,308 were divided as follows ; 

For Coloma, 7,413 ; for Placerville, 5,895. 

In consequence of this vote, an indignation meeting of the citizens of Placerville was held on the plaza, 
Thursday evening. May 29th, 1856, for the purpose of eliciting the sentiment of the people in regard to the 
late flagrant outrage upon the right of suffrage committed in Coloma, and developed in counting the 
returns of the late election for county seat. 

The meeting was called to order by nominating S. M. Johnson, Esq., chairman, and Dr. I. S. Titus, secretary. 

Able addresses were delivered by Messrs. Hume, Keene, Bruce, Lee, Carr and Stewart. During the 
proceedings, the following preamble and resolutions were unanimously adopted : 

Whereas, At an election held in this county on Saturday, the 17th inst., to decide upon the permanent 
location of the county seat, it was determined by the votes of the people, as declared and known after 
closing the polls, and counting the votes in the various precincts of the county, that the city of Placerville 
received a majority of all the votes cast, of over five hundred votes ; and, whereas, fraudulent returns 
have been made to the county clerk from three precincts, representing a vote of 2,245 votes, thereby 
changing the result, and overriding the voice of the people, and substituting in the place thereof the will of 
designing knaves ; therefore, be it 

Resolved, That the returns from Uniontown of 811 votes, from Dry Creek house. 872 votes, and from 
McDowellville, 562 votes, are base forgeries upon the election franchise ; degrading the ballot box ; a deep 
disgrace, which must rest upon every freeman in the Empire county, who does not with all his political 
moral and physical might resist this invasion of our liberties. 

Resolved, That to submit to this outrage upon our dearest rights, is to entrust our future welfare and 
right of self-government committed to us by our fathers, into the hands of ballot-box staffers, and law- 
defying villains ; by so doing, rendering the will of the people powerless, and destroying all our liberty. 

Resolved, That all the corrupt officials who have been accessory in vamping and producing false returns 
from the above precincts, have shown themselves utterly unworthy of the confidence of the people of El 
Dorado county, and should be held to a strict account therefor, etc. 

Resolved, That John Hume, Esq., late an honored citizen of this place, for his bold and able advocacy of 
the claims, of this city, is hereby accorded our highest respect and profound thanks. 

Resolved, That we recognize to its fullest extent, the right of the people to decide every question of public 
interest, at the ballot box ; and to that verdict, when fairly expressed, we should ever submit ; and we 
denounce those who have attempted to defile this sacred palladium of our liberties, as enemies of our race, 
traitors to our glorious land, and more justly entitled to the benefits of hemp, than some of their 
predecessors. 

Resolved, That the proceedings of this meeting be published, etc. 

			S. VV. Johnson, Chairman. 
	I. S. Titus, Secretary. 

The facts about this election were these : 

On May 17th, 1856, the people of El Dorado county by a large majority, voted to remove the county seat 
from Coloma to Placerville. In fear that fraud would be committed by the friends of Coloma, the citizens 
of Placerville took the precaution to send two agents to each precinct in the county, with instructions to 
remain at the polls until they were closed, and to procure from the judges of election a correct return of 
the votes polled, and the number cast for each place � Placerville and Coloma � certified by a proper officer. 
The judges in every instance furnished the desired information and sent the following returns, as counted 
after the polls had closed : 

	For Placerville 5,926 
	For Coloma 5,280 
	Majority for Placerville 646 

The official vote, as given before, differed materially from the above ; the vote of Coloma, within the short 
space of two weeks was increased astonishingly from 5,280 to 7,413. The above report gave Placerville a 
vote of 5,926 ; the official vote was 5,895, a difference of but thirty-one votes. Coloma township at the county 
seat election cast 2,038 votes, at the Presidential election the same township gave but 937 votes. At the 
county seat election White Oak precinct cast 347 votes, all but five for Coloma, while at the Presidential 
election it gave 69 votes in all. The precincts of McDowellville and Dry Creek at the county seat election cast 
1,436 votes, but two of them for Placerville ; while at the Presidential election there was not one vote cast in 
either of these precincts. 

The question of the removal of the county seat that had rested for nearly a year, sprung to life again with 
the opening of the legislative session in January 1857. On the 22d of said month, Mr. G. McDonald presented 
a bill in the Assembly, providing for the removal of the county seat of El Dorado county from Coloma to 
Placerville. The bill passed the lower house without any opposition, while some controversy came in when the 
bill was brought up in the Senate ; but a large majority of the votes of the latter body decided for the removal 
of the county seat of the Empire county from Coloma to Placerville. This ended the struggle of three years 
agitation for the supremacy � at last Placerville had won a victory and fully enjoyed it. 

Some parties of the northern part of El Dorado county to show their discontentedness and dissatisfaction 
with this result, held a meeting at Georgetown, where some resolutions were read and accepted, out 
of which we give the following : 

Resolved, That we are in favor of a division of the county of El Dorado, making Georgetown the seat of 
the new county. 

Resolved, That the members of the Legislature from this county are requested to use their influence to secure 
the immediate passage of a bill for the above purpose 

The line which these office-seekers and county butchers proposed for that new county was the South 
Fork of the American river � to include the whole district bounded by the South and Middle Forks of the 
American river running east to the state line � stating in the preamble to those resolutions that the people 
of said district had expressed themselves favorable to a division. 

Dr. Turner introduced a bill, into the assembly for the division of El Dorado county, and the creation of 
Eureka county. It was referred to the committee on Counties and County Boundaries, whereupon Mr. C. 
Orvis presented a remonstrance against it, causing the whole matter to be referred to the El Dorado 
delegation. The latter presented a majority report signed by Messrs. Hamm, Hall, Orvis, Hume, McDonald and 
Carpenter, and a minority report signed by Messrs. Turner and Mitchell. The bill came up for consideration 
in the Assembly on the 8th of April, 1857, and a motion to reconsider the vote by which that body refused 
to order the bill engrossed, was indefinitely postponed. 

But while all those who had an interest in county affairs were attentively following the proceedings of 
the proposed county division, anxiously wishing that it might be prevented, not sufficient attention was 
given to the danger from a similar robbery on the southern boundary ; here, a part of El Dorado county 
from Dry creek, the hitherto boundary line, to the South Fork of the Cosumnes river was given to Amador 
county to increase her size. The petitioners for this act had pretended to work: in full agreement with 
the people of that respective part of country, but in fact, the people had not been asked about their opinion; 
on the contrary, just those people had only a short time ago expressed their opinion, by requesting the 
removal of the county seat from Coloma to Placerville. Now in this request they had been satisfied, what 
reason could exist for another move. 

Meanwhile the county seat officially had been removed to Placerville, and the ground for the permanent 
location of the county buildings not yet being selected, the Board of Supervisors rented a large stone 
building in the rear of the Mountain Democrat office, for county purposes, and by some alterations converted 
it into a temporary court-house. 

One would have believed that this would have been the last act in the question of the removal of the 
county seat, but this was not so. The Legislature in the session of 1857-58, was again requested to take 
up the matter. A bill had been introduced into the State Assembly providing for an appropriation of 
$50, 000 to erect the necessary buildings for the county court seat, by Mr. Lee and Mr. Buell answered with a 
substitute, to remove the county seat from Placerville back to Coloma. The bill passed the lower house in 
March, 1858, but not the senate, and never turned up again, and Placerville remains the county seat of the 
county until this day. 

The buildings occupied as court-house were purchased by the County Supervisors on June 5th, 1861, 
from Messrs. Boenzly & Brelaz ; this conveyance took place in consideration of the sum of $7,000, in 
warrants drawn on the General Fund of the county. The jail at Coloma, which had been built in 1856, was used 
for the confinement of prisoners until the present jail building was erected in connection with the courthouse, 
after that it was leased for several purposes, finally to be sold at auction on March 8th, 1870. 

Repeatedly the State Legislature has been petitioned since for the formation of a new county, to be formed 
out of portions of El Dorado, Placer and Nevada counties under the proposed name of 

			TRUCKEE COUNTY. 

The portion of El Dorado county which it was proposed to segregate is one of the most valuable and 
indispensable parts of this county, viz.: Lake Valley � valuable for its timber and its grazing lands, being the 
summer pasture for hundreds of bands of cattle, horses, sheep and goats, which are driven there in the 
spring to remain until fall, and belonging almost exclusively to owners living in the lower part of El Dorado 
county.