January 14, 2005

Paths to Evergreen

Squatters Declaration of Rights led to Squatters War of 1861

By Colleen Cortese
Special to the Times

Settlers in the Evergreen Val-ley—or squatters, as they were called—made their voices heard by publishing a “Squatters Declaration of Rights” in 1861 and distributing copies through-out Santa Clara Valley.

Squatters War 1861: There was no violence or bloodshed in the Squatters War or “Settler s War” of 1861.

“They have brought officers and hired witnesses to have confirmed fraudulent grants,” stated the Declar-ation. “In fact, they have refused us everything that justice demands and freemen wish, except the right of suffrage; that our homes are as dear to us as our lives; that it is our duty to hold and possess the land we have in possession until someone is able to produce a perfect title.” (Wise 1987)

Antonio Chaboya asked the Americans to leave. The squatters refused and armed themselves. Chaoboya’s lawyer, William Matthews, obtained writs of eviction for possession of the land to be served by the sheriff. (Quinn, 1904)
Judge McKee of the Third District Court of Santa Clara County made this decree and placed writs of execution for possession of the land in the hands of Sheriff John Murphy. He was asked to evict 13 families from the land and homes: 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. (Older 1925)

Knowing that the squatters would resist, Sheriff Mur-phy summoned a posse of 600 men to help him with the evictions. The posse of men assembled at the courthouse steps, but refused to arm themselves. Seeing that the sympathies of the posse were with the settlers, Sheriff Murphy dismissed them.

Meanwhile, the settlers in Evergreen heard of the intention to eject them from their homes and assembled 2,000 men. Otis Blaben and George W. Stewart of Santa Clara, gathering the support of a dozen Saratogans, transported the iron cannon of Saratoga on a wagon all the way to Evergreen.

They gravely loaded the cannon with scrap iron and gathered other arms. Settlers owned pick handles, double-barreled shotguns, flintlocks, Colt six-shooters and rifles. The Berryessa Home Guards and Santa Clara Home Guards joined the gathering army. (Older 1925)

The ladies stitched together an Evergreen flag while the militia organized, calling musters and holding drills under arms. Together, with the flag leading the way, they boldly headed to town.

Armed farmers paraded through the streets of San Jose. The crowd soon assembled in Washington Square, now San Jose State University, where Sheriff Murphy waited. The farmers waved flags bearing oaths such as “Resistance to Fraud is Obedience to God” and “The Welfare of the People is the Supreme Law of God.”

The ladies of Evergreen waved a beautiful banner inscribed, “Presented by the Ladies of Evergreen to Their Home Guards.” (Older 1925)

There was no violence or bloodshed, and the settlers returned to their homes, announcing in a loud voice that they meant business!

With the passage of time, Chaboya, his team of lawyers and the settlers worked out litigation whereby the settlers could purchase their lands at a reasonable price. (Theodoratus 1979)

Although the matter was peaceable, settling the demonstration had its effect on Judge McKee. He adjourned the May schedule of the District Court on the grounds that there was no reason to render a judgment since it would not be executed.

Colleen Cortese – copyright 2004 – Evergreen History. The next “Paths to Evergreen” will be entitled, “Life in Evergreen with Antonio Chaboya and family.”

Private land transactions on the Chaboya rancho before, after 1861

Antonio Chaboya began land sales even before the 1861 “Settlers War.” Santa Clara County Hall of Records proves that property transactions, preceding and following that year, were taking place on the rancho. A number of private land transactions can be documented, including: