Tag Archives: territory

Pioneering Squatter’s Rights

Screen Shot 2015-11-02 at 5.59.57 PMCalifornia would be fast tracked as a State and the Village of Evergreen would become a town where immigrants could find the American dream coming true.  The same could be said of Willow Glen, Saratoga, Berryessa, Santa Clara, Alviso and other towns surrounding the Pueblo of San Jose during the 1850’s being turned into highly profitable orchards and vineyards.  Many would find new homes in early Evergreen from back East, the Midwest and even Europe.  This did, however, create stiff tensions between newcomers and the Mexican Rancho owners across Santa Clara Valley.  These tensions would come to a head in Evergreen with a “Settlers’ War”, culminating in a fight over Squatters’ and Homesteaders’ Rights.  Rancho Yerba Buena Socraye is the boundary of Evergreen, so its stories are our stories.

1821Marcos Chaboya and his family, as Californios, would come to the Santa Clara Valley in the 1820’s to settle the area with vast herds of cattle.  I have varying sources as to whom sponsored Chaboya’s trip, the Spanish or the Mexican Governments.  Antonio Chaboya would be granted over 24,000 acres of Rancho Yerba Buena in 1833 by the Governer of Alta California when California was a new Mexican territory.  The boundaries of his rancho create the modern boundaries of the Evergreen Community.  Antonio’s brothers would also be granted land nearby in Santa Clara County.

california-vaquero-granger24,000 acres is really hard to survey and keep an eye on on horseback.  The Chaboya family and their ranch hands wouldn’t be able to ward off all of the Ohlone Natives, American settlers and European newcomers who would make a home at Rancho Yerba Buena.  Don Pedro Chaboya would lead the charge to run off returning indigenous people from the ranchos in the 1820’s.  Antonio Chaboya’s brothers, owning ranchos nearby, would suffer a similar fate.   California was recently accepted into the Union as a full fledged State, and these events were some of those growing pains.

So, what’s the United States Government to do about a Mexican land grant it upheld in court in the new State of California and the American Dream it promised to new Californians?

CAM09418John Aborn would immigrate from England to California through San Francisco as early as 1833.  Aborn, for which Aborn Road is named for, would be a veteran of the Mexican American War and the Civil War.  He would also be named as a defendant by the Chaboya family for illegally homesteading on his property, or “squatting”.  People liked this defendant so much, they named a road in Evergreen after him!  He married a Donner Party survivor.  The word on the street, rather the plaque, is that he held a popular rodeo back in the day off Neiman Boulevard and Capitol Expressway.  How are you gonna deny this man his rights after fighting for your liberties?

1876 Map6955a6b8-abad-4f8f-989b-b1f73be4336fLet’s back up.  What brought on the hostilities in Evergreen?Antonio Chaboya would first appear in court in front of Justice McKee to evict farmer John Tully, an Irish immigrant, from Rancho Yerba Buena in 1856.  This decision was a compromise.  Chaboya would have to sell his land for a fair price.  John Tully wouldn’t be evicted and paid $900.00 for the fine in 1858.  In 1861, John Tully would come up with $4,400.00 for the real estate having gone through proper channels.  After this point, Homestead Laws would dictate that a farmer would need to live and work on the property for 5 years and that only 160 acres could be obtain through this avenue.  Judging by this map in 1866, this was probably the John Tully property being fought over.

Chaboya’s land grant was patented by the US Government and upheld in 1858.  Did John Tully’s case create a poor precedent for Chaboya’s grant or did it provide opportunity to pursue monetary damages?

113) Louis Frederick Farnsworth, circa 1910In 1858, Rancho Yerba Buena would be defended again from newcomers.  These named defendants were Chauncey C. Barbour, Truman Andrews, William Raymond, Thomas J. Baxter, Benjamin Kenny, John Aborn, Andrew Gheringer, Thomas Farnsworth, George Osteck, Jacob Newhouse, Patterson Barnard, William McClay and James M. Bottsford.  Antonio Chaboya would name these thirteen families even though approximately 500 people occupied Rancho Yerba Buena illegally.  These Evergreen residents would have just be looking for their space in a growing country, finding their way to one of the prettiest, most inspiring places.  I would try to hold on to my home, too.

hb896nb4gd-FID3In 1860, Antonio Chaboya would be successful in court and be  granted his eviction of the homesteaders, but there were riots as Sheriff John Murphy tried to enforce the law.

The Sheriff of San Jose made several attempts to evict the new farmers from Evergreen.  Here’s the thing.  It’s hard not to empathize with the newcomers.  Antonio Chaboya had one of the largest ranchos in all of California then upheld by the United States.  Other ranch owners were loosing their court battles and their ranchos, including Antonio Chaboya’s brothers.  Chaboya couldn’t even have it surveyed often enough to keep people from setting up shop long term.

180px-CW_Arty_10lb_Parrott_frontIn 1861, Evergreen residents would have the support of the rest of Santa Clara County.  Sherriff’s officers didn’t want to arm themselves and serve the eviction notices and force farmers to quit their property.  Of 600 Officers, none wanted to perform the duties asked of them so Sheriff Murphy excused them for their duty.  Evergreen residents would march the 8 miles into downtown San Jose to St. James Park and the footsteps of the court to contest the eviction.  During another attempt, the towns of Saratoga, Berryessa and Santa Clara sent over 2000 troops in support of the new residents.  Saratoga even brought a cannon to hold off the eviction papers.  People in and around the City of San Jose would come to Evergreen’s aid and empathize with their struggles.  The Sheriff Murphy must have supported Evergreen farmers in some way, because he later married the daughter of John Aborn, Miss Maddie.

Map 004, Saratoga, Evergreen, Santa Clara, San Antonio, MountaiRancho Yerba Buena and Antonio Chaboya was now saddled with a ton of debt mounting from his legal cases against squatters.  The Chaboya family was land rich but cash poor.  He couldn’t also continue to pursue this eviction and hold on to his property.  Antonio Chaboya pursued the peaceful solution which would change Evergreen forever.  First, Antonio and his family settled debts to his team of attorneys by parting away the asset he had in abundance, land.  Lawyers J.B. Hart, Hiatt R. Hepburn, Henry Wilkins and William Matthews would be the first legal residents, along with John Tully, of the Evergreen are.  The lawyers would be compensated for their legal fees in the sale of these large properties.  After portions of Hart’s property and Matthews’s property were sold to farmers like the Smith Family, James McCarley and the Stevens Family, the Village of Evergreen was born, with an epicenter of Evergreen Road and San Felipe and White Roads.

6254416259_78f082522aAntonio Chaboya’s family would finally profit off of the sale of their own real estate in 1875 with the sale of John Hassler and George Kettmann acquisition off of then Evergreen Road.  From this transaction, life long friendships would be made between the Kettmann and Chaboya clans.  The Chaboyas would come to grips with the changing times and downsize their lands considerably.  The Chaboya family would continue to own farms up and down Quimby Road for another 50+ years.

P1310192In Evergreen, this was huge news at the time.  It would soon be an event everyone wanted to forget quickly.  Evergreen farmers like John Aborn, Thomas Baxter, Thomas Farnsworth, George Osterk and William McClay would stay in town and raise their families in Evergreen even after the court cases and eviction situation.  Though not a non-violent protest, luckily this was settled without bloodshed.  It must have been so hard to part with the big, beautiful Rancho Yerba Buena, but what the Chaboyas made room for was for new neighbors and a developing California.  Soon after, Evergreen would be planted with orchards, vineyards and hayfields.  Here’s some of the artwork that incorporates these players, even if we omit the event for the most part.  1821 1833 185518771885 1895

 

Evergreen of the Mexican Period

1750Evergreen was home to Ohlone Natives before Franciscan Missions would disassociate them from their lands.  This vacuum created room for new residents without hesitation.

The first explorers of Northern California, or Alta California, were the Spanish.  In 1542, less than a year after Columbus’s voyage, exploration of California would begin.  Spanish would explore and conquer Mexico and an explorer and conquistador would pass the “Baja Point” into uncharted waters.  Cortes sent Francisco de Ulloa to explored the coastline in 1539.  In 1542, Juan Rodriguez Cabrillo would do some more extensive investigation and like Monterey for a naval base and well-suited to sustain itself.

300px-Franciscan_missionaries_in_CaliforniaSpanish and English vessels would reach the Coast of California but only the Spanish would begin colonization from a Mexican base.  It was believed that Baja California was an island.  California was named after a mythical Amazonian island.

cabrillo_mapIn 1602, Spain would begin developing naval forts at Monterey and San Diego.  Serious colonization would begin as missionaries and soldiers explored California over land.  This route would become the El Camino Real, Monterey Road and the Alameda through modern San Jose, marked with Mission Bells.  Missions would begin to appear in Modern Day Mexico in 1519, however the threat of Russian settlements would hasten the efforts to colonize New Spain.  The Spanish Empire would control the coastline for over 300 years.

New Spain would be separated into two parts, Alta California, modern day California, and Baja, modern day Mexico.  Gaspar de Portola, in 1768, would lead settlers of New Spain with a land and naval campaign, looking for Monterey but establishing Southern California Missions.

anza_mapJuan Bautista DeAnza would lead two expeditions into California.  New Spain and the Spanish Empire expanded into New Mexico and Arizona, naturally.  DeAnza left Tucson on this first journey and encountered agitated native populations.  This made for a short trip to LA and home.  Another expedition into Alta California in 1768 established the port at San Francisco and would introduce the Spanish intimately with the Santa Clara Valley as the route to San Francisco from Monterey over land.  The chain of Missions would lengthen through the 19th century but not in order.  It would not extend in the a numerical, chronological order.  Santa Clara de Asis would be the 8th Mission opened and the Pueblo of San Jose would be founded in 1777.  Mission de San Jose wouldn’t open until 1797 and the latest Mission would open in the Mexican Period.

tf0w1007sn-FID3Mexican Independence would be won in 1819, and include all territories of New Spain.  A couple of things brought on the revolt.  Napoleon would conquer France and invade Spain.  The Spanish Empire didn’t want to be ruled by another monarchy.  New Spain had Old Rome’s, the Roman Catholic Church, approval to break away from the Spain crown.  The War for Mexican Independence would end with the signing of the Treaty of Hidalgo in 1821.  Mexico would set up its own monarchy, but opt for a republic constitution less than 2 years later.  With 3,200 settlers at the time California, Alta and Baja, would need settlement to create growth.

bay%20drawingIt’s this California that Antonio Chaboya would move to in 1821.  Native Americans coming to Missions would make up a lot of the economy in the Spanish Period of California’s History.  Mexico would inherit these struggles.  Mexico had a lot of problems in the upcoming years stabilizing the government and economy.  Alta California wasn’t well settled and had no tax revenue coming in.  Mexico was able to step up trade out of California by 25%, doing business with Russian on the West Coast for the most part.  Monterey was the only port at the time and the capital of the Alta California Territoy.  The Mexican Government applied at 100% tariff to pay for the Territory’s expenses.  What does that look like?  One for trade and one for the government.  Tariffs like these made up approximately 90% of government income at the time, no matter where you lived.  In 1827, the Mexican Government would dismiss their Spanish born residents.  The Government would change formats too many time to really stabilize the area.

7314695aa182d79feff3ee9377d8dca3So California, as we know it today, was expensive to operate without the strength in numbers to hold it steady. 87,000 indigenous people would be baptized by the Missions in 1800.  Outbreak of disease in 1805-6 would decimate Native populations across California’s Missions.   The Native American coverts would be treated like free labor, though they were promised land after a certain amount of service.  Soldiers would retrieve people who fled the Missions.  Those who hadn’t died due to new diseases were difficult to contain.  In 1826, the Governor of Alta California would release the indigenous people of their commitment to the Missions, working the land for food and shelter.  The Mexican Government would find lessening Native populations also making the Missions a burden also now that they had to provide them land like other citizens and no one stayed to operate the Mission farmlands.  The indigenous people would leave and assimilate to their new surroundings.  The emancipation would make California a sympathizer and welcome member of the Union Army during the Civil War, 1861-1865.  In 1833, the Missions would be secularized by the Government.  In 1832, less than 18,000 survived.  Mexico couldn’t afford to fund the churches.  Acres of Mission lands would be sold off and granted to others.

ranchosMapThere were thirty preexisting ranchos granted by the Crown of Spain to friends and families of Government leaders, but none in Santa Clara County by Mexico’s Independence.  Land Regulations would open up in 1824, allowing Mexican citizens to petition for land pretty easily and inviting Catholic immigrants to create new homesteads.  In 1827, Spanish born citizens, including priests, would have to leave the Mexican Territory.  This is when Mexican born Antonio Chaboya would’ve begun making his way to the Santa Clara Valley and eyeing the land.

hb896nb4gd-FID3In order to obtain your land grant in California of the 1820’s-30’s, you would need to work your land for 5 years so you had a claim to it.  The grants were often untracked with conflicting boundaries.  The disorganized manner in which grants were issued is the reason why this land grant to the right has a rectangular shape like the paper and no outlines.  The land was cheap and there was practically no tax or dues on the property.  Ranch owners would enjoy a barony type status, providing work and limited land to rand workers.  Without the Missions farming the land, Ranch owners would step in, fill in that gap and reap the profits.  Through the Mexican Period, forty-one grants would be made in Santa Clara County alone.

Screen Shot 2015-11-02 at 5.59.57 PMIn 1831, the Missions would record over 24,000 inhabitants of California- native, immigrant and Mexican.  Rancho Yerba Buena would be granted to Chaboya in 1833.  Santa Clara County’s first Ranchos would be granted in present day Gilroy, closer to Monterey.  Chaboya’s would be the first recorded in present day San Jose.

hb267nb0kh-FID7Neighboring Rancho Santa Teresa would be granted to the Bernal Family in 1834.  The Higuera Family would be granted Rancho Pala in 1835, selling it shortly afterwards to Englishman, Mr. Charles White.  Rancho Milpitas would be sold to the Alviso Family.  The Berryessa Family would be granted land in East San Jose in 1842.  Are we recognizing any of these names?

Screen Shot 2015-11-02 at 6.06.18 PMAntonio Chaboya would’ve heard about cinnabar in the hills, but probably didn’t mine even after hearing about nearby Almaden quicksilver mines.  The Chaboyas enjoyed vast grazing lands on Rancho Yerba Buena.  The largest of Santa Clara Ranchos, Rancho Yerba Buena was over 24,000 acres.  The Mexican Period was an awesome time to be Mexican landowner in Santa Clara Valley.

The beginning of the end of the Mexican Period was a land grant made to a Catholic American immigrant, John Sutter, in 1839.  Colonization is what Alta California needed and asked for.  However, American immigrants to California would begin making their dissatisfaction with the Mexican Government known by 1840, staging various incidents.  By 1844, Californios, native born Mexican citizens, would also revolt against disorganized Mexican Rule.  By 1846, California as we know it has approximately 12,000 inhabitants.

Gold Rush - Public DomainCalifornia’s Statehood would get underway a little before that discovery of gold, but the Gold Rush allowed California to become a State from a Territory very quickly.  Before Gold, Texas broke away from Mexico in 1836 and didn’t want to be a part of the United States until 1846.  War between Mexico and the United States would ensue over these territories with Americans, Catholics invited by the Roman Church, living in them.  That same year, California would rise under the Bear Republic, neutralizing Mexican garrisons without violence or bloodshed.  Less than a month later with the capture of Mexican Presidios, Alta California would succumb to US governance.  John Sutter’s grant near present day Sacramento would discover gold in 1848.

san_jose_2The end of the Mexican American War in 1848 would see the United States paying $15,000,000.00 for the territories of Alta California – present day California, Arizona, Nevada, Colorado, New Mexico and Texas.  This would essentially wipe out the Mexican Government’s debts with the colonization costs.  The Compromise of 1850 would see California to Statehood.  The Pueblo of San Jose, New Spain’s first non-secular settlement, would become the first State Capital with the help of some Evergreen players.  Other Evergreen notables like the Pellier Family and Coe Family would move into Evergreen shortly thereafter.  By 1850, there would be over 100,000 people living in California.  That’s quite a boom.  Here’s our artwork discussing this period of time.

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Down White Road

So, there’s a main artery of Evergreen North to South down White Road.  In fact, a couple locations I scoped out were on White Road.  One of my quests was for “White”.  Why this name for an important road?  Why on my maps from the 1850’s forward?  This was an important person back then and today.

Some of my historical references mention a C. E. White in the 1870’s and 1880’s.  Was this my Mr. White, namesake of White Road?

hb267nb0kh-FID7Turns out no.  I searched property grants and maps from the area checking for the first occurrence of the name.  That wasn’t that hard.  It was actually one of the first grants in the area and one of the first European names that occur in Evergreen.

Gold Rush - Public DomainCharles White – C. E. White’s father – came to Santa Clara Valley in the 1840’s.  Chas. White bought Rancho Pala, just Northeast of Rancho Yerba Buena.  His wife, Ellen, and children were granted the properties later on.  Rancho Pala is actually a very small part of Evergreen.  What White accomplished during his short life was incredible.  And the manner in which he died was rather fantastic as well, though I chose not to use it within my artwork.

Charles was born in 1808 in Ireland.  He came to the United States with his wife  and two kids, and crossed over land through Missouri, Oregon Trail style.

san_jose_2The White Family quickly became some of the most well liked people in the Pueblo de San Jose.  Mr. White served many years as an aclade, or magistrate, similar to a modern day judge.  Mr. White was critical part of California’s Statehood and then participated in the “Legislature of a Thousand Drinks”, which made California’s first State Capitol Pueblo de San Jose.

Charles White was also a crucial player in San Jose’s creation of downtown, by selling smaller plots and raising funds for the City treasury.  Charles White died on board Steamboat Jenny, which exploded after leaving port at Alviso in 1853.

P1300866C. E. White, a well-known businessman and orchardist, was Charles White’s son.    Through the early 1900’s.  Ellen owned Rancho Pala until she passed away in 1887.

They are no known direct relatives of this branch of the White Family.  The only way I was able to verify that this was the same Charles White in all the different accounts was through another related White family.  Charles and White are both pretty popular names.  Charles White referred to in every possible configuration.

 

 

 

The Legacy of Antonio Chaboya

Screen Shot 2015-11-02 at 5.59.57 PMAntonio Chaboya’s name isn’t really well known throughout San Jose but his land holdings certainly are today.  Rancho Yerba Buena, parts at least, stayed in the Chaboya family for over a hundred years.  From all accounts, they were exemplary citizens predating the European or American immigrants.

hb896nb4gd-FID3Antonio Chaboya, born in Mexico in 1803, obtained one of the first land patents from the Mexican Government, post-Spanish rule.  Antonio and family probably came to the Santa Clara Valley with father, Marcos Chaboya, to colonize the area during the late Spanish Period.  With Mexican Independence shortly after, the Spanish Missions were decommissioned and their large land tracts were up for grabs.  The Missions once were the source of agriculture for the Spanish.  Antonio Chaboya enjoyed one of the largest tracts of land afterwards.

Screen Shot 2015-10-29 at 11.30.55 AMRancho Yerba Buena raised a huge herd of cattle, hundreds horses and various crops.  Antonio Chaboya and his family enjoyed a fairly untouched version of Evergreen, not being able to cultivate it all.  Rancho Yerba Buena’s rolling hills were populated with grasslands, creek beds, spearmint and oak trees.  Yerba Buena translates to spearmint in Spanish.  Rancho Yerba Buena was over 25,000 acres, making it a high maintenance property.

P1310223Antonio Chaboya was granted the land originally in 1833 by the Mexican Rule, but had to fight to keep it through the 1860’s in the United States.  The Chaboyas and their ranch hands even fought and killed bears on their property.  The family hosted an annual rodeo at Rancho Yerba Buena for the young horsemen they employ and of the pueblo.  The Chaboyas traded a lot of cowhides with Americans and enjoyed a wealthy lifestyle.  The property was left to Antonio’s descendants in his passing in 1865.

Screen Shot 2015-11-02 at 6.06.18 PMAfter the Mexican American War, Antonio Chaboya again was granted Rancho Yerba Buena by the US Government in 1858, one of the first real estate cases heard over “squatters’ rights”.

Antonio’s brother, Pedro Chaboya, served as one of the first lawmen in the area under Mexican Independence.  Pedro Chaboya lead the fight when under Spanish rule to defend the ranchos of the Santa Clara Valley from Native Americans and create some peace for the ranchers.  He would maintain a much smaller land patent west of Rancho Yerba Buena, near the present day fairgrounds.

1855We will discuss Evergreen’s land fights, though we didn’t focus much on it within the artwork itself.  Rancho Yerba Buena was over 25,000 acres and hard to scout and watch at all times.  As cattle grazed throughout Evergreen, it might have been years until someone came upon a new farm or Native camp popping up.  The Chaboyas had to part with Rancho Yerba Buena in sections to provide newcomers the opportunity of the American Dream.  With this realization, Downtown Evergreen on San Felipe Road and Aborn Road was the first area densely populated with new farmers.

P1310198The Chaboya family would maintain homesteads off of Quimby Road in the center of the former Rancho.  Chaboyas would have the last names Shobolo, Shabolla, Chabolla and Chaboya, all being pronounced the same way.  Chaboya orchards were a source of pride.  The family would marry into other prosperous Mexican and American families.  They were a well-liked, hard working bunch in Evergreen into the 1940’s.  Then, the trail goes cold.

Evergreen PoppyLittle trivia: Yerba Buena and Evergreen are trying to communicate the same things about our community and land.   Spearmint is super green, and again  the forever green inspires the same.  If you get a little mint in your yard, watch out.  It’s a nuisance and a weed after a while.  Spearmint will make itself quite comfortable in your Evergreen flowerbed, as I know from experience.

The Chaboya/Chabolla story is a crucial one in our timeline because it spans our Native American Evergreen to early California Statehood Evergreen into the 20th century.  It wasn’t until the late 1800’s that Americans started purchasing large lots of land from Rancho Yerba Buena.  We find them so important, we’ve featured them several times in the Mural Walk.  Here’s what I’ve designed to honor the Chaboya Legacy.

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