He had evolved a plan to seize the entire Oakland waterfront and had he qualified as a trustee, he could not have accepted this gigantic "gift" lawfully.

The meeting passed virtually unnoticed because few of the residents were even aware that Oakland had been incorporated, but the business transacted was destined to occupy the attention of the citizens of Oakland and the courts of the state for the next sixty years.

After the board was duly organized and various minor affairs were disposed of, Burrell introduced an ordinance which actually inaugurated the history of the Port of Oakland. This ordinance, probably written by Carpentier, was titled: "For the disposal of the waterfront belonging to the Town of Oakland and to provide for the construction of wharves ." This ordinance gave to Carpentier and his legal representatives the entire Oakland waterfront including all the land in Oakland between high tide and ship channel for a period of thirty seven years.

The ordinance also lave Carpentier the "exclusive right and privilege of constructing wharves, piers and docks" within the corporate limits of the town, and the right of collecting wharfage and dockage at such rates as he deemed reasonable.

In return, Carpentier’s only obligations were that within six months he was to provide a wharf at the foot of Main Street at least twenty feet wide, and extending toward deep water fifteen feet beyond the then existing wharf; and within one year to construct a wharf at the foot of F Street or G Street, extending out to ship channel, and also within twenty months, another wharf at the foot of D Street or E Street. In addition Carpentier agreed

to pay the Town of Oakland two per cent of all wharfage receipts and to build a public schoolhouse.

At the second meeting of the town’s new board, ten days later the ordinance was read by the clerk for a second time in compliance with the legal requirements and was passed immediately thereafter by the trustees, thus enacting into law a policy of private ownership and development of all the town’s water-shipping facilities,

At the third meeting of the board which was held on the last day of the same month, Carpentier again appeared before the trustees and held long and earnest council. What was said by him and the replies made by the several members of the board is a matter of conjecture. The records are silent.

It is a matter of record, however, that Carpentier emeried from the meeting with a deed to the entire Oakland waterfront. Not only was he deeded the tide lands relinquished by the state to the town but so magnanimous had the trustees grown under the spell of his oratory that they extended his holdings out into the bay as far as ship channel. The consideration was five dollars.

In later years learned judges had much to say about this particular piece of largess on the part of the trustees,

The wharves were built and provided much needed shipping facilities for the six saw mills and other lumber activities in the vicinity, and as a result soon began producing large revenues, ninety-eight per cent of which went to Carpentier,

Whatever may be said of Carpentier’s business methods, he was undoubtedly a man of keen vision, for it is quite apparent from the time he first conceived the idea of incorporating the Town of Oakland, he had planned to secure the waterfront for himself.

Perhaps he could visualize the future of San Francisco Bay, and particularly the part that the Port of Oakland would play in years to come. This is indicated in the fact that he was mainly responsible for the Act of Incorporation which authorized the town to "build bridges, wharves and piers. "and provided that , "all lands lying between high tide and ship channel should be retained by the town as common property, or (this is important) disposed of for the purposes aforesaid."

The words, "or disposed of for the purposes of aforesaid," were the nub of the transaction and were nicely hidden away in a vast assemblage of words that enabled Carpentier to secure the Oakland waterfront for the thirty-seven year period. In the light of all the circumstances, it is improbable that the burial in surplus verbiage was an accident.

He apparently lost no time in getting things done, for in December of the same year he had an ordinance passed by the Board of Trustees accepting a wharf at the end of Main Street. And granting to him an extension in time for the building of the other two.

Continuing the terms of his contract, Carpentier. in July, 1853, made a written report to the board in which he blandly set forth that he had completed a "substantial. elegant and commodious" schoolhouse which was free. well attended and in operation at his own expense. that he "transmitted herewith to the Board," a deed of reconveyance covering the schoolhouse and grounds, and trusted that the buildings met with their approval.

In August of the same year, Carpentier appeared before the trustees and declared he had spent about $20,000 for the wharves and desired to discontinue wharfage charges if the town would undertake to keep all the wharves in good order and repair "perpetually."

Whether this proposal was for record purposes only or made in good faith is not known but the suggestion was not approved. and another was set forth which proved more to the liking of the trustees and as a result an ordinance was introduced and subsequently passed providing that on completion of the wharf at the foot of Main Street (Broadway) and satisfactory arrangements made regarding the others and the schoolhouse, the waterfront of Oakland would be taken from the public and granted to Carpentier "in fee simple forever."

Thus all restrictions contained in the previous deed had been removed and the town through its trustees had renounced all claim to its waterfront.