The Evening News. September 30, 1916.

9. Law And Order In The Pueblo. Part III.

At the close of the 18th century the Alcaldes, following the orders of the Governor, punished some persons who refused to work. In 1788 settlers were imprisoned and put in irons for refusing to work on the buildings for the Town Council.

In 1800 while Alcalde Castro was giving a ball his house was set on fire. Soldiers were called from the Presidio. No one could leave town without permission. In 1800 anyone abroad after 11 o'clock might be arrested.

However, there was one crime in San Jose that seemed to go unpunished. This was killing Indians. In 1784 two boys of the Pueblo drowned an Indian to amuse themselves. Because of their youth they were given only twenty-five lashes in the presence of the natives.

In 1822 the people of the Pueblo had a lapse in the industry. They could not pay their tallow tax. They appealed to the Governor to be released from the tax for that year. The Governor very reluctantly conceded their request. At the same time he reproached them for having squandered the abundance of former years in vice.

In the Pueblo law was enforced by the Alcalde, who was a despot, occasionally benevolent. He walked with a gold-headed cane, an emblem of justice doubtless descending from the Romans.

When a new tax was sent to San Jose by the Governor at Monterey, the Alcalde dispatched one of his officers through the Pueblo beating a snare drum. This citizens all came into the plaza, and the Alcalde read them the new law. When one had a grievance against his neighbor he went before the Alcalde and told the story. If the Alcalde felt that the citizen had been wronged he summoned the offender. He sent one of his officers who carried aloft the Alcalde's cane, which was law, order, justice, the King and God combined. No one was ever known to disobey the summons of the Alcalde's cane except captain John c. Fremont when he came on his great exploring expedition.

The ordinary citizens never failed to follow this emblem of justice to the Jusgado, where the Alcalde held court. The Jusgado later became the City Hall.

Ordinary cases the Alcalde heard in a very few minutes. When there seemed to be important issues at stake the Alcalde called in two or three distinguished citizens to hear with him testimony. The most intricate cases in those days did not occupy more than two or three hours.

There are a very few of the Alcalde's records in existence, but by consulting the archives of the Governors one finds out what the Alcaldes did. However, one record at the court house shows that a man brought suit against an Alcalde for ordering him flogged. Another man went before an Alcalde and complained that his wife would not live with him. The Alcalde sent for the wayward wife, locked her in jail with her husband, told them that they must remain there till they stopped quarreling. No record reveals how long before the quarreling couple were imprisoned.

But October 15, 1785, there was great joy among sinners and criminals in San Jose, for on that day the twins, Don Carlos and Don Felipe, were born to the king of Spain. Guns boomed, flags waved, pardon was extended to all.

Transcribed by Claire Martin, for the Santa Clara Co. CAGenWeb Project. 2007.

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