San Joaquin
County History
History of San Joaquin County, California with Biographical Sketches - Historic Record Company, Los Angeles, CA - 1923
CHAPTER XII
TEN YEARS OF DEMOCRACY
California, in the sisterhood of states stands preeminent in many ways—naturally, physically, geographically and politically. The Constitutional Convention that assembled at Monterey in September, 1849, voted to seek admission into the Union as a free state, although the leaders in that organic body were advocates of slavery, Wm. M. Gwin, the foremost man in the convention, was a slave owner, but he was afraid that if California sought admission as a slave state, Congress would turn them down. The South brought on the Mexican War and practically fought it out, the army being in the greater part southern men. It was their plan to make California a slave state but the discovery of gold blocked completely that scheme for which they had been working for twenty years.
Then came the Congressional contest. The South fought California's admission as a free state, as it would give the North the balance of power, which up to this time was upon the slavery question dominated by the South. Then came that great March 7, 1850, speech of Daniel Webster upon the Union, one and inseparable, and the reply of Robert Y. Hayne of South Carolina. The South had threatened to secede if California came into the Union as a free state. The great question was settled for ten years only by Henry Clay's compromise bill, and September 9, 1850, California became the thirty-first in the sisterhood of states.
The Slavery Question
The rush of population to California brought to its shores men from the North and from the South. The immigration from the Southern and Western states included many politicians who anticipated making California a strong Democratic state, filling its principal offices and thus materially assisting their brethren in the South if such an occasion should arise. The men came from the North to dig gold and open up business. California thus became the neutral ground of the nation and there were more men favoring and opposing slavery than any other state in the Union. As it was in California so was it in San Joaquin County. The two great parties at that time, the Whigs and Democrats, were divided upon the question of slavery, and we find northern Democrats and northern Whigs opposed to slavery and Whigs and Democrats in favor of it. The Democratic party was the dominant party and the Southern wing of the party were in control. The first Governor, Peter H. Burnett, a Democrat and pro-slavery man, was elected on his personality, regardless of party lines.
Democratic County Convention
Although Democratic conventions had been organized in other parts of the state, notably Sacramento and San Francisco, in the summer of 1850, no movement was made by the party in San Joaquin County until the time drew near for the election of delegates to the Benicia state convention, for the nomination of state officers. In the meantime the Stockton Times had been sold to Democratic politicians with George Kerr as editor. The name of the paper was changed to the Stockton Republican, a rather peculiar name for a strong partisan organ. The Republican, in February 1851, said, "The old fires of party warfare are rekindling. Let the Democratic party in San Joaquin be brought forth full-grown and strong and let it be baptized in the old Democratic faith." A call was made through the press for the assembling of the party, and February 23, 1851, nearly 300 Democrats from all parts of the county met in the Corinthian Building, Maj. R. P. Hammond, a strong Democrat, having tendered them the use of the rooms free of cost. They organized by electing Ex-Mayor Samuel Purdy, chairman, Nelson Taylor and Maj. B. G. Weir, vice-presidents, and Mai. Richard P. Hammond, secretary. A committee of three was appointed "to prepare a place for the election of nine delegates" to the Benicia convention. The committee, leaving the room, returned in a few minutes and reported that the polls would be opened immediately in the room occupied by the convention. The election was immediately held and the following delegates elected: Nelson Taylor, Maj. R. J. Hammond, George Kerr, Wm. Root, John E. Nuttman, Samuel A. Booker, Dr. J. W. Reins, A. C. Bradford and Dr. R. P. Ashe. In their resolutions they declared, "We are attached to the principles of the Democratic party, and will at all times adhere to its usages. Resolved, that the Honorable Mayor Purdy is our first choice for the office of governor and we will use all proper means to secure his election before the convention."
Benjamin F. Moore
Following the custom of the states across the Rockies to send out speakers in every political campaign to advocate their party's cause and abuse the other fellow, the Whigs and Democrats sent out their speakers. They were as brilliant a class of speakers as could be found in any state in the Union. Among them was Edward C. Marshall, closely related to John Marshall, the great jurist, and Benjamin F. Moore, of Southern fame. Both of these men were candidates for Congress, Marshall being a Democrat and Moore a Whig. We will hear more of the former through many campaigns. Regarding Moore, Bancroft bluntly said that he had "migrated from Florida through Texas, carried a huge bowie knife and was usually half drunk." Liquor paralyzed his intellect and at the age of forty-six he died in an insane asylum in January, 1866. He was a delegate to the Constitutional Convention from the San Joaquin district, and appearing at Stockton June 20 appealed to the voters to send him to Congress. Moore was a very quarrelsome character and it was early in the year that he had his first encounter with David C. Broderick. Moore at the time was state senator and he was very much displeased because Broderick had been made lieutenant-governor after the resignation of Governor Burnett, and in his speech in the senate, he insulted Broderick. That evening the two men met near the Benicia treasurer's office, and Moore advanced toward Broderick with a drawn revolver. Broderick, who was a scientific boxer, struck at Moore but missed him. Friends interfered and disarmed Moore. Somehow he again got possession of the weapon and approaching Broderick exclaimed, "I'll shoot you, you scoundrel." Broderick, who was unarmed, looking Moore straight in the eye, exclaimed, "Why don't you fire, you cowardly assassin?" Moore, finding that Broderick was unarmed, refused to shoot.
On another occasion in the same year Moore had a set-to with Judge Stephen J. Field. The incident is related in "Bench and Bar." Field, in the legislature, moved the impeachment of Judge Turner for illegal practices. Field's motion called forth a "savage and abusive reply" from Moore. Rising to speak, he "opened his drawer, took out two revolvers, cocked them, and laid them in the open drawer before him." He was abusive in his speech regarding Field's motion, and later Field demanded an apology or satisfaction on the duelling field. Moore refused to either apologize or fight a duel, his friend Drury P. Baldwin, declared. Then said Broderick, who was acting for Field, "As soon as the House meets Judge Field will arise in his seat and pronounce Moore a liar and a coward." "Then Judge Field will get shot in his seat," said Baldwin. "In that case, others will get shot too," Broderick replied. The next morning Moore arose in the house and read an apology, which a friend had written and advised him to read. It settled the business.
Purdy Whips an Editor
The ex-mayor of Stockton, Samuel Purdy, was a very popular man, especially in the Southern mines, and long before the assembling of the Benicia Democratic convention, one of the mining camps held a picnic, and planting a tall flagpole, they threw to the breeze a large flag bearing the following words, "Samuel Purdy, the people's choice for governor." His leading political friends did not think it wise to place him in nomination for governor against John Bigler, who was elected as the party leader on the sixth ballot. Purdy was nominated for lieutenant-governor on the second ballot. Returning to Stockton, Purdy met one of his bitterest opponents in John S. Robb, the editor of the Whig organ, the Stockton Journal. Robb, as was customary for party papers in that day, began attacking Purdy. He paid no attention to the Journal's invectives until Robb began his abuse in such a manner "as to reflect upon him as a gentleman and injure him before the people of the state." Purdy then concluded to stop such work "by administering to the editor a sound flogging with a whip." Robb at all times carried a revolver, and Purdy, obtaining a good cowhide and a revolver to use in case of necessity, began looking for Robb. His search continued throughout the day without success. That evening he met Robb and proceeded to use his whip. Robb immediately drew his pistol, and Purdy in defense struck the editor over the head with his pistol, cutting a deep gash, Thus ended the scurrilous articles.
Party Hatred
War at all times causes intense party feeling and at this time it merged into party hatred between the Whigs and Democrats living north or south of the Mason and Dixon line. This you remember was the compromise line established between the slave and free states. We will have occasion to refer to this line in the election campaign of 1857. The northern Whigs and Democrats opposed the Mexican war, and from this fact grew the hatred between the Northerners and Southerners. The victory was won, principally, as was stated, by Southern soldiers. California became a part of the Union, and the southern wing of the Democratic party had the audacity to claim that they should have control of the government, because of their part in the war. In their convention they resolved to permit no Democrat to vote who opposed the war. This hatred is best expressed in a poem by F. A. Durivage in "A Soldier's Reply to a Whig," who asked Durivage to vote for him.
"Give you my vote? No, not to save
This shattered body from the grave;
Your perjured party I disclaim—
Treason in doctrine, Whig in name.
To those who would my reason know
This it is—I fought in Mexico;
While through our ranks swept grape and shell,
And yielded none while hundreds fell,
You gave the murderous foeman aid,
Whetted every treacherous blade;
Yes, to the cowards courage gave,
Heaped curses on your country's brave,
And now you change at once your note
And ask a soldier for his vote."
Succeeding legislatures are continuously changing laws as to manner of voting time, etc. Under the election law of 1850, the county judge appointed the inspector and judges of election. If he failed to appoint any or all of the election board, bystanders could so appoint on the morning of the election. The polls throughout the state opened at 8 o'clock and closed at sunset. The board could take a one-hour recess any time before 3 o'clock. The precincts in San Joaquin County were eleven in number, namely, Stockton, French Camp, Cotton's Ferry on the Stanislaus River, Chalmers' ranch, now Eight-Mile Corners, Oregon Tent, now Farmington, O'Neal's ranch, Staples' Ferry, Benedict's Ferry on the Mokelumne River, Elkhorn ranch, Guard's ranch and Dent & Vantine's on Knights Ferry. The sheriff's office was the plum desired by most nominees, there being seven candidates: Dr. R. P. Ashe, Richard W. Heath, John D. Taber, Dr. Samuel McLean, John E. Nuttman, McKee Rainey and George Condon. All of the candidates for county offices ran independent of party. John Bigler was elected governor, Purdy's vote, however, running ahead of the ticket, Bigler's vote in the city was 602, in the county 801. His opponent's vote, P. B. Reading, in the city 588, in the county 802. In the vote for sheriff none of the candidates cut any figure except Dr. R. P. Ashe, 333 in the city, 458 in the county, and George Condon 332 in the city and 451 in the county; doctors and undertakers were then quite popular.
Convention of 1853
In the next election, 1853, politics began to warm up, notwithstanding the fact that the Whigs were making their last fight in state and nation. The death of their great leader, Henry Clay, the previous year was a serious blow. The Democrats assembled in the Methodist Church South, August 6 and passed a resolution thanking "Parson Kelley for his kindness in opening the church to the convention," taxed every candidate five dollars and taking up a subscription of forty-five dollars, and gave it to the pastor. The chairman of the convention was Capt. P. E. Jordan, a lumber merchant, and the secretaries, Maj. John Stemmons, a rancher, and Dr. R. K. Reid, state asylum physician. The convention, in their platform, favored the granting of lands by the government to actual settlers; a complete system of public schools; a railroad from the Atlantic to the Pacific; opposed any change in the state constitution; special corporations; a land monopoly; and reaffirmed the resolutions adopted by the state convention of 1852.
John Bigler was again nominated for governor by the Democratic convention and Samuel Purdy was again his running mate. The campaign opened at Stockton August 25, the principal speaker being Governor Bigler. Cannon salutes were fired at intervals during the day. "The people left their harvest fields by the hundreds and came to Stockton to greet John Bigler. At seven o'clock there must have been 2,000 people upon the ground." The Governor delivered a three-hour address, advocating the principles of the Democratic party and his reelection to office. He was followed by David S. Terry, who bluntly insulted the Governor during his speech by denouncing him for signing the so-called San Francisco water lot steal. The two leading Whigs of their party, Henry A. Crabb and Edmond Randolph, then addressed the meeting, which closed at two o'clock in the morning. Edmond Randolph was one of the brightest young Southerners in the state or nation but very erratic and passionate. One of his Democratic friends said, "Mr. Randolph is a man of character, great natural ability, and a well read scholar; at the same time he is possessed of a peculiar temperament, bitter in his personal hostilities, and very apt to be carried away by ungovernable feelings." Another scribe said of him, "If Mr. Randolph could only subdue his bitter personal animosities, and his violent prejudices, and ever employ his eloquent tongue in favor of the Democratic party, he would become the idol of the people."
The election was held September 8 and the entire state and county went Democratic. Bigler polled in the county 1,187 votes and Waldo 775, and Bigler in Stockton carried it by 1,295 to Waldo's 697. Nelson Taylor, the Democratic nominee for sheriff, received 963 votes in the county and 595 in the city; A. F. Rudler, 694 in the county and 308 in the city, and George Condon, Independent, 822 in the county and 598 in the city.
George Kerr, State Printer
It was the custom for the first few years of state legislation for the legislators to elect the state printer, and it became a fat graft for the printer elected and his friends.
George Kerr, one of the proprietors of the San Joaquin Republican, was elected state printer by the legislature of 1852 and during the following two years all of the state printing was done in Stockton. George Kerr was a man of fine character, but like many others, he was his own worst enemy. He died at Stockton March March 5, 1854, crazed from liquor. A member of Charity Lodge No. 6, I. O. O. F., he was buried by that order. Five times only have state officers been residents of San Joaquin County, David Douglas was elected treasurer in 1850, Purdy, lieutenant-governor, George Kerr, state printer, D. J. Oullahan, state treasurer, and Governor James H, Budd.
American or Know Nothing Party
In 1855 the great Whig which had been in existence since 1840, and elected two Presidents, Harrison and Taylor, in California, was dead. It was superseded for a day by what was known as the American or Know Nothing party. Its meetings were held in secret, its members sworn to reveal none of its business transactions or the names of its members, to any outside party and to vote for no foreigner or Catholic for any government position.
When any person inquired about the order the reply was invariably, "I don't know," hence the slur name given them by the Democrats, Know Nothings. Their slogan was, "Americans must rule America," and, says the historian Channing, "its opposition to the foreign element became the basis of a political organization extending over many states." The party had shown unexpected strength in 1854, carrying several town elections, and many Whigs and Democrats joined the new party. It was a party particularly attractive to Californians, for we have already noted their hatred of foreigners, a hatred which later was extended to the Chinese, and now to the Japanese. The Know-Nothing party passed out of political life as quickly as it came into it because of their policy regarding the great impending question of slavery.
Campaign of 1855
This great and momentous question was sounded in the Democratic convention which assembled August 11, 1855, to elect delegates to the Democratic State convention and nominate county officers. The meeting was called to order by Samuel A. Booker, chairman of the county committee, and Maj. Thomas Lane was elected chairman, A. C. Baine and Thomas A. Bours, vice-chairman, and John M. Schofield and C. N. Powell, secretaries. After the committee on credentials had reported, Booker made a motion which was carried, that every member of the convention be pledged on his word of honor as to whether he be a member of "the party commonly called Know Nothing or any political party except the Democratic party." They feared traitors in their ranks as well they might, for many of their leading members had seceded.
In the afternoon they passed several resolutions, the most important of which was their resolution on the Kansas and Nebraska bill, a bill which did much to bring on the Civil War. It indicated the action of the South to rule or ruin. The bill in this day needs a brief explanation as the World War has overshadowed all previous National history. Soon after the admission of California as a state, emigrants from the North and from the South began flocking into the territories of Kansas and Nebraska. Southern men took their slaves with them for the purpose of forming slave governments. The Northern men bitterly opposed their plan, for under an agreement between the North and the South in 1820, under what was known as the Missouri Compromise, all territory north of the Mason and Dixon line-36-30 north latitude—should be free soil. The slave owners refused to abide by this decision, and set up a slave-holding government. The Northern men organized a free government. Then there was a clash of arms and bloodshed. Now coming back to the San Joaquin County Democratic convention, they coincided with the South in the matter of state rights and resolved that "we will sustain the constitutional compromises made to secure and perpetuate the Union, including Kansas and Nebraska's construction of State's rights, which recognize and declare the exclusive power of each sovereign state to settle and determine for itself its own local institutions and government, without restraint or control, by any state or power, beyond the limits of her territorial jurisdiction. This resolution had no bearing on the state or county election but it foretold their position on the question of slavery.
"Resolved, That in our opinion the gallant Whigs who fought under the banner of the immortal Webster and Clay, can find no home or sympathy among the so-called American party alias Know Nothing party, and we cordially invite them into the ranks of a party who pledge themselves to the Constitution, guaranteeing religious freedom and the integrity of all those principles which have to this time secured all of the blessings of our Government."
Terry Deserts His Party
So many in number were the Democrats that joined the new party the Democratic press saw party defeat in sight and they tauntingly declared, "While the Americans excluded from their councils the native and naturalized Catholic, yet they allowed the buck niggers of the Empire State to organize Know Nothing lodges and to aspire to the equality of white members of the great American party." The editors were particularly severe on David S. Terry, who had deserted the standard of Democracy to get office. They gave him several columns of space at different times, and the Republican said of him: "D. S. Terry, Esq., certainly deserves a nomination from his coworkers for his indefatigable efforts to save the country by throwing off and discarding what little democracy he ever possessed and giving his body and soul to the new order. We will not say that a desire for office has actuated him in the least, but if he can get it he will receive his reward."
The election day, September 5, was the most exciting of any election up to that time. For the first time in the history of the town the day was enlivened by a brass band engaged by the American party, playing patriotic airs at the election polls. Wagons were engaged in drumming up voters and taking them to the polling place, each carriage or wagon having big posters with the words, "Genuine Democratic Party, Americans shall rule America." The entire state and county Know Nothing ticket was elected and the Democratic press consoled itself by saying: "It is reported and generally believed that there was an election on Wednesday. It is true there were a great many people and a great deal of noise and confusion. But after all, what does it amount to?"
It was a novel election; men who had been strong Democrats and who later were violent Secessionists were elected to office, together with Northern men, enthusiastic Whigs and later strong union men. J. Neeley Johnson carried the county 1,447 and the city 722, Bigler receiving only 1,026 in the county, and 433 in the city, George Webster, K, N., was elected sheriff over the Democrat, Andrew Lester, 1,253 to 1,091, while his brother, John Webster, Democrat, was defeated for treasurer by Dr. George A. Shurtleff, 1,362 to 1,002. Otis Bridges, a seceding Democrat, was elected prosecuting attorney over A. C. Baine, 1,220 to 1,100. David S, Terry, going into the American convention, was nominated for judge of the Supreme Court, and elected over his opponent, Charles H. Bryan, and although Terry was in the political spotlight for nearly thirty years, and a resident of Stockton during all that time, never again was he elected to office, although in 1878 he joined the Workmen's party with that object in view. For the first time the prohibition question came up in this state, and upon the ballot there was the proposition, "For a Prohibition law the county vote was 442 yes, 1,041 no. In the city the vote stood 181 yes and 484 no. As it is today a live question let us look at the ward vote; First Ward, 75 yes, 106 no; Second Ward, 117 yes, 243 no; Third Ward, 124 yes, 117 no.
Henry A. Crabb
With the passing of the Whig party, there passed out of life a few months later by a tragic death, Henry A. Crabb. A Mississippian by birth, he came to Stockton in 1849 and was Stockton's first city attorney. He was a law partner of D. S. Terry, the editor of the Whig newspaper, the Stockton Argus, and the leader of the Whig party. A man of high honor, he was so universally respected that even his political enemies said of him, "Crabb is a man of his word. What he says may be relied upon whether it be for or against you." He was not only a man of honor but he would fight in defense of that honor. This fact was shown in his difficulty with Senator Whitney, in the legislature of 1853 at Benicia. A bill was under consideration relating to school lands, and Whitney, doubting Crabb's opinion in the matter, made the remark, "I have always regarded the Senator from San Joaquin as a gentleman and I am sorry to see him pursuing such a course." Crabb immediately jumped to his feet and exclaimed, "Do you mean to say I am not a gentleman?" Whitney replied, "I mean to say that your conduct today belies your general character." Crabb, greatly angered rushed to Whitney's side and struck him several blows, forcing him across the desk. Senators quickly grasped the infuriated Southerner and prevented any more fighting. Bitter language followed between the two men, and a motion to adjourn was quickly carried. Crabb then made a proposition to settle the difficulty at once. "But I have no weapons," said Whitney. "I have two and you may take your choice" was the quick reply. In the meantime the Assembly had adjourned and the legislative hall was crowded with excited legislators. Friends finally succeeded in quieting Crabb and the matter ended without further trouble.
Crabb aspired to a seat in the United States Senate and he believed he had good prospects of winning the fight after the defeat of the Democratic party. But Broderick, the greatest manipulator of politics in State history, blocked Crabb's chance by having the election postponed another year. This, said his friends, broke Crabb's heart, and ready for any rash proposal he listened to his wife's proposition to raise an army, and march to Mexico and assist her father in overthrowing the tyrannical Governor Gandara. Crabb in 1853, then a young man of twenty six years of age, had married Filomena, one of the pretty daughters of the Spaniard, M. Ainsa, then a merchant of Stockton. Ainsa at this time, 1857, was an officer in the revolutionary army, and Crabb raising an army of 100 men marched overland from Los Angeles to assist his father-in-law. In the fight at Caborca, Crabb and his men were trapped and compelled to surrender. The company marched out expecting fair treatment as prisoners of war. Instead their hands were tied behind their backs and they were marched to a corral, and there guarded like a band of cattle. The following morning the brave little army were taken out in groups of five and ten and shot to death. For Crabb a worse fate was reserved. Permitted to write a letter to his wife, he was then fastened to a post with his hands stretched above his head. A company of riflemen was then placed in front of him and at the word a hundred bullets pierced his body. A Mexican then stepped forth and with a long knife severed the head from the body "the warm blood spurting half way across the street." The head was then placed upon a table and after being subjected to the insults of the mob, it was preserved in mescal as a warning to all future filibusters.
Judge Wier, the Filibuster
Another Southerner who went on a filibustering expedition was Judge B. G. Wier, assemblyman from San Joaquin County in 1852. Wm. Walker, the so-called "grey-eyed man of destiny," got the idea into his head that he could organize an army, march to Nicaragua, take possession of the country and set up a Pacific Republic. He organized his army and invaded Nicaragua by land and by sea. The expedition was a complete failure and his army was scattered in every direction. One of his followers was Judge Wier. The Judge, as I remember him, was one of those easygoing Missourians who was contented with a mere living and the easiest way of obtaining it. He was a politician and social with all classes, floated into office, having been elected justice of the peace several times, and twice a court judge. By what hypnotic influence Walker aroused the latent energies of the Judge I know not, but he joined the expedition. One morning my father, who kept a meat market, was surprised to see a strange man, to all appearances, walk into the shop. His clothing was in rags, his boots were worn out, his stockingless toes showing through the leather, he was without a hat and his hair and whiskers looked as if he had not seen a hair cut or shave for many months. Making himself known to my father he exclaimed, "For God's sake, Tinkham, lend me fifty dollars, I can't go home looking this way." Recounting the terrible experience through which he had passed, he said, "No more Nicaragua for me." The Judge was a strong pro-slavery and State's right man, and during the Civil War he drifted into Stanislaus County to grow up with the country, and holding several minor offices, in 1875 was elected county recorder and auditor.
Fugitive Slave Law
In the days of the gold rush many Southern men brought slaves to California, intending to work them in the mines digging gold. The anti-slave men, however, were continually informing the negroes that they were free men, and urged them to run away from their masters. There was no law permitting the slave owners to hold or capture their slaves. To remedy this matter, Henry A. Crabb, introduced his famous slave law which was passed by the legislature and signed by Governor Bigler. This law authorized any owner of a slave who had escaped to procure a warrant for his arrest, and any city or county officer was compelled to arrest the party. When brought before the justice court, if the slave-owner proved his claim, he could take the negro or negress from the state, in chains if necessary. It was easy for the slave owner to prove his claim when the judges were all pro-slavery men. And to make it still easier Crabb introduced a bill, which became a law, that prohibited a negro or an Indian from testifying against a white man in any case whatsoever. In proof of the statement at the beginning of the chapter that the slavery men ruled the state, although California was supposed to be free, we cite two or three cases. In May; 1852, a case of this kind came before Justice of the Peace Fry of Sacramento. A negro was arrested and a Mr. Lathrop claimed that he brought the negro to California in 1849, and that he and three other negroes ran away a few months previous to his arrest. The case was carried to the Supreme Court and they decreed that the slaves be given immediately to their owner.
In another case, the San Francisco Herald of September 25, 1852, said, "Justice Shepherd yesterday issued a warrant for the arrest of a mulatto woman who was claimed as a fugitive from labor by T. T. Smith, of Jackson County, Mo., her owner having learned that she was secreted on the clipper ship Flying Cloud. She was brought to the country, together with other slaves, in 1850 and remained with the family until a few months ago, since when she married a free negro and escaped. Her owner heard of her arrival here and came down in search. She was arrested and brought before Justice Shepherd by whom, on satisfactory proof of title, she was remanded to the custody of Mr. Smith to be conveyed to the state of Missouri." The same newspaper in referring to this law said in June, 1852, "We regret any attention to disturb this law as very senseless and mischievous. The question to be ascertained is, whether the negro belongs to the claimant; if he does he should be remanded to his custody without the tedious and unnecessary delay of nearly three weeks." And the San Joaquin Republican declared "we endorse every word."
Crabb's Fugitive Slave law and and Negro Evidence law remained in force and on the statute books until 1861. They were then repealed by a Republican legislature. Regarding the Evidence law, said the newspaper correspondent in March, 1852, "The Assembly was lashed into a state of frenzied excitement on Saturday by the presentation of a petition from the free negroes of San Francisco asking that they might be permitted to give testimony in courts of justice upon the same footing as white men." One assemblyman said, "Burn the petition," and another excited member shouted, "Throw it out of the window." The Whig members advocated the granting of the request. "An angry and exciting debate followed and the memorial was finally rejected."
The slavery advocates considered the negro an inferior person and subservient to the white man. This fact was clearly brought out by the decision of the Stockton Judge, A. C. Baine, in a case where a white person was arrested for assaulting a negro. The defense of the man was that the negro had insulted him. This was the Judge's opinion, "The negro's position I hold to be this; he is in a sort of a state of wardship or pupilage, relatively towards the white man, and neither his social nor legal position is on an equal with the white race. His duties hence are inviolable deference and marked and perfect respect and constant politeness towards the other race. And if he shall become insolent or impertinent I will leave him in the position he has so falsely placed himself . . . and he will . . . not expect me to inquire into the exact judiciousness of any chastisement he may receive, unless that chastisement were wholly unreasonable and outrageous and not a manly determination to vindicate the name and morals of society."
Another attorney of Baine's opinion regarding the constant respect and marked politeness of the colored man, was Samuel A. Booker. One day a darkey approached the judge while on the street, and neglected to take off his hat. Booker threateningly raising the heavy cane which he always carried exclaimed angrily, "Take off your hat, sir, take off your hat. Don't you know you are in the presence of a Southern gentleman?" The negro quickly doffed his hat, and from that time on until after the Civil War the colored gentlemen always took off their hats when Judge Booker drew near.
There are many events in Stockton's history that read like fiction to the generation of today, but here is an event, the sale of a slave, that was told to me by James Kidd, alive today at the age of eighty-four years. Mr. Kidd was a native of South Carolina, opposed to slavery and lived on the opposite side of the river to the Bates plantation in Georgia. Bates came to California in 1850, bringing with him a negro slave called Charley. He promised that if Charley would remain and work two years for him, he would give him his liberty. The foxy slaveholder said to his faithful slave just before the two years had expired, "Charley, wouldn't you like to go back to old South Carolina and see your wife? We will go home and then you can come back." The negro was delighted and willingly accompanied his master on board the steamer for Panama. Once more in South Carolina, a slave state, never again would Charley have seen California. On arrival at Panama, Charley fortunately met several free negroes, who told him that he was not a slave and persuaded him to run away and hide from his master. Charley not showing up, Bates went on without him, for the town was very unhealthy and not a very desirable place for travelers.
Charley went to work and made considerable money. One day he was greatly surprised to meet James Kidd, who was then on his way to Stockton. "Why, hello, Charley, what are you doing here?" Charley told him the story, and Mr. Kidd invited him to come to Stockton with him. In the town Charley went to work, was saving and laid up about $200 in gold. One day he was walking the street and met a Mr. Clay, a friend of Bates. Charley was glad to see a man from his old home, little realizing the trap that was to be sprung. Clay was very glad to meet the slave for Bates owed him $700, and he had told Clay that if he found his "nigger Charley" he could have him for the debt. Here's where the Crabb Fugitive Slave law came in. Clay went before Judge Baine and swore out a warrant for the arrest of Charley as a fugitive slave, The arrest was made and Charley's friends were very angry, for the man had been industrious and a good citizen. Clay agreed to release Charley if given $1,000. Charley had $200 and to raise the balance of the money it was planned by his friends to put Charley up at auction and sell him to the highest bidder. He was sold to Angelo Oliver for $800. The negro was given his freedom, and in a few years paid off the men who had advanced the money. Charley Bates, as he was afterward called, at one time lived on and owned a block of land cornering on Commerce and Flora streets and died in Sacramento about 1890.
David S. Terry Stabs Hopkins
Justice of the Supreme Court, David S. Terry, in office less than a year, in June, 1856, was confined in "Fort Gunny Bags," the Vigilantes' prison on Battery Street, San Francisco, for a deadly assault on a police officer of the organization. The Vigilance Committee, comprising some 6,000 men, secretly banded together for the purpose of restoring law and order and punishing and driving from the city the criminals who had been harbored and protected by the officers and judges of the courts. One of these lawless characters was Rube Maloney, wanted by the Vigilantes for smuggling arms into San Francisco. Police officer Sterling Hopkins with a squad of men started out to locate him and he was found on the street in company with Judge Terry, Dr. R. P. Ashe, ex-sheriff of San Joaquin County, and others. The party carried guns, for those were exciting times in the Bay City, and as Hopkins attempted to arrest Maloney, Terry resisted the officer by placing his musket in front of Hopkins' body. "Leaving his duties at the capital," says Bancroft, "Terry had come to drag his already soiled ermine in the demagogical slums of San Francisco." Just at the moment of Terry's resistance a pistol shot was heard and Terry, believing that Hopkins had fired the shot at him, drew his bowie knife and stabbed the officer in the back of the neck, severely wounding him. Terry was then arrested and hastened to the Vigilante jail, where he was confined several weeks, awaiting Hopkins' recovery or death. The police officer recovered and Terry was placed on trial by the committee for the assault on Hopkins. The trial was in progress for twenty-one days and the case was then given to the Vigilance Committee, but they could not agree upon a verdict. They could not hang him as they did Cora and Casey, for the victim of the assault was not dead, and they could not banish him as they did several criminals for he "was too strong politically to be treated like an ordinary criminal" and was an officer of the state. He was a white elephant on their hands and they finally decided to give him his freedom.
As soon as free Terry sailed up the river to Sacramento in the United States sloop John Adams. Bancroft says he "sailed up the river, the captain being very friendly with the Terry party." On arrival at the capital Terry received a great ovation, and there the ladies of San Francisco presented him a magnificent service of silver plate; the water pitcher bore this inscription: "Honorable David S. Terry, from the ladies of San Francisco who admire his courage, honor, his patriotism, and take the highest pride in his heroic resistance to tyranny." Four years later their hero and these same ladies were doing everything possible to insult the flag and disrupt the Union. Remaining in Sacramento a few days, there lionized by his immediate friends, he returned to Stockton, where he was met by a large delegation of citizens, accompanied by a brass band and escorted into Stockton. The procession was so timed that his arrival in the outskirts of the city would be announced by the firing of the old cannon on the El Dorado Street bridge. As the cannon was fired the Court House, St. Charles hotel, Weber house and several private buildings were a blaze of light, illuminated by candles. As the hero of the evening rode through the streets in a hack accompanied by Judge Creanor, many people lined the sidewalks to catch a glimpse of the Supreme Court judge who had defied the Vigilance Committee. The procession halted at the Weber House and Terry retired to the parlor where he was welcomed by the Democratic ladies of Stockton. Then moving to the front porch, the crowd waiting on the street, he was again welcomed in a speech by Judge Baine. Skyrockets illumined the heavens, the crowd gave three cheers for Terry and the band played "Home Again."
The Democratic party, forgiving Terry for his secession from the ranks in 1855, again welcomed him with open arms, and again he was in the campaign of 1857, glorifying the "grand old party which he so much admired." The Democrats also rejoiced because they were again united and in their "Democratic Rally Song" they shouted---
"Fling out the banner and swear not to yield,
John Weller and Joe Walkup haste to the field,
The fearless Democracy is banded once more,
Have sworn that the day of disruption is o'er.
Let the signal go forth o'er mountain and dell,
There is union of hearts, a union of shells.
Fling out the banner beloved by the free,
Let it float feared by tyrants on every sea.
Black traitors and foes must soon beat a retreat
For banded once more the Democracy meet."
United Whigs and Democrats
The Democratic county convention assembled in the city hall July 11, 1857, to nominate county officers and state legislators. John B. Hall was elected president of the meeting, A. C. Baine and John Oliver, vice-presidents, and H. P. Corcoran and Wm. Rodgers, secretaries. It was not a simon-pure Democratic convention, for many of the old stalwarts had left the party and many Whigs had united with it. The chairman of the convention, John B. Hall, had been a Whig up to 1856, and in his speech accepting the position as chairman he said the old party was now "the broken and dismembered fragments of a once-glorious party and they were following strange gods to worship and to lead them." There were 88 delegates in the convention, and each candidate was pledged to abide by the decision of the convention and work for and support the nominees. Thomas H. Lane, a strong Southern-rights man, was nominated unanimously for sheriff. In their resolutions they resolved "that we again ratify the principles of the Cincinnati platform as the true principles of the Union. We approve of Mr. Buchanan's inaugural address, and the conduct of his administration. We affirm the constitutional enactment of laws that will protect the rights of bona fide settlers and it is the duty of the Federal Government to donate free of charge to actual settlers at least 160 acres of land of the public domain."
Shakespeare asks, "What's in a name? A rose by any other name would smell as sweet," but the politicians at this time were very sensitive about names, as the time was fast approaching for a "show down," for or against the Union. The Republicans were standing for the Union against slavery and the Democrats stigmatized them as Black Republicans.
D. C. Broderick, although the leader of the Democratic party, was fast sailing into Union waters. He had already denounced the southern outrages in Kansas and the Southern Democrats hated him with a bitter hatred. Thomas Jenkins became very angry if called a Broderick Democrat, and in a card July 14, he said, "Having heard through a responsible party that. James Garnett (a Southern Democrat) publicly asserted that I received $1,000 and a promise of office for my vote for Broderick (for United States senator) I here pronounce the said Garnett to be a liar, a poltroon, and villain and slanderer of character so base as to be spurned by honorable men." There was no duel nor bloodshed, for it seems Jenkins merely repeated a rumor heard by him. Three days later George C. Holman, of Lockeford, then an assemblyman from San Joaquin, published a card in the newspaper saying, "I deny in toto that I ever voted a Black Republican ticket or affiliated with them, I pronounce the assertion without foundation, and furthermore I voted for James Buchanan for President." John C. Fremont was the Republican nominee. But there were many kaleidescopic changes in that day, and four years later Mr. Holman was not only hand in hand with the Republicans, but he was captain of the Lockeford Cavalry company sworn to fight for the Union.
Republican State Organization
We have been reading of the "Black Republicans" and we will turn back one year to their state organization. The few adherents of Republicanism then in Sacramento assembled in a mass meeting April 19, 1856, "In the general disturbance of the meeting," says Winfred Davis in his "Political Conventions," "the Republican speakers attempted to talk, when suddenly a rush was made for the stand by the crowd, and it was overturned and the meeting broke up." They assembled in state convention on the 30th of the same month in the Congregational Church, Sacramento. In their nine resolutions they in part declared, "That the Republican party is organized to preserve the liberties of the people, the sovereignty of states and the perpetuity of the Union." They adopted the principle of the prohibition of slavery in all the national territories and they were in favor of "preventing the increase of the political power of slavery." Slavery, they declared, is "a sectional institution in which only about 350,000 slaveholders are directly interested, while freedom is a national principle by which 26,000,000 of American freemen are secured in their rights." On May 10 a public discussion was held in the same city by George C. Bates, Republican, and J. C. Zabriskie, a Democrat. "Rotten eggs were thrown and firecrackers burned to create a disturbance but the police made several arrests and order was restored," says Davis. You observe that we are approaching lively times.
Some three months after this event, five Republicans assembled in Stockton to consider the feasibility of organizing a Republican party in San Joaquin County. The five men were B. P. Baird, Dr. George R. Warren, John Tucker, C. C. Firely and John M. Buffington, who was the leader of the movement. He was an ex-mayor of the city, the school superintendent in 1854, and now the Republican nominee for state superintendent of schools. They issued a call to all Republicans to attend a meeting August 2, 1856, in the little wooden building then located at the southeast corner of Weber Avenue and San Joaquin Street. Republicans must have been few in number for it seems only the five were present at the meeting. A subsequent meeting was held in the Baptist Church then on Center Street, a few doors south of the present Occidental Hotel. There the Republican party of this county was born, the first permanent officers being Dr. W. R. Kerr, president, J. M. Buffington, secretary, and Dr. George R. Warren, corresponding secretary. The first county Republican convention met October 10, 1856, and organized by the election of David J. Staples as chairman, and C. O. Burton, afterward Republican postmaster, and Madison Walthall, secretaries. At that time the Republicans had no paper to plead their cause and they were compelled to publish their call in the Democratic Republican. But the same day of the convention the first number of the Stockton Daily Gazette was issued and it published at the head of the column the names of John C. Fremont for President and Wm. Dayton for Vice-President of the United States. Its editor was John F. Damon, who preached the first sermon in Stockton in 1849.
Returning now to the state election of 1857, the Republican stated that the Republican county convention would meet August 8, to place in nomination a full county ticket. "The Republicans make up in pluck what they lack in numbers. If their principles were as commendable as their zeal and nerve in fighting for them, they would deserve to become a strong party." They nominated a full county ticket, but they styled themselves as Know Nothings. As this was the first Republican ticket we give it as follows: for the Assembly, J. M. Kelsey and Wm. A. Fisher; sheriff, John W. O'Neal; clerk, Norval Douglas; judge, Dr. George A. Shurtleff; district attorney, Otis Bridges; treasurer, Thomas K. Hook; surveyor, George E. Drew; assessor, Thomas S. Stout; coroner, M. H. Bond.
For the first time in California politics there were three candidates in the field for governor, a strong indication of the breaking up of the old parties and the forming of new parties on broader lines. The Democrats again carried the state and county. Weller, in the county receiving 1,549 votes; in Stockton, 706; Geo, W. Bowie, K. N., received in the county 604, city 327; Edward Stanley, Republican, county 394, city 137 votes, John O'Neal, elected county clerk in 1855, now received for sheriff only 316 votes, the Democrat, Thomas Lane, receiving 1,552 votes. Dr. George A. Shurtleff, elected county recorder on the Know Nothing ticket, received for judge 877 votes, his opponent, Judge Shafer, receiving 1,552 votes. The most popular man on the Democratic ticket was E. W. Hager, rector of St. John's Episcopal Church, nominated for county superintendent of schools; he received 1,457 votes, his opponent, Myers, 260 votes.
An Exciting Campaign
The campaign of 1859, which terminated in the death of United States Senator, David C. Broderick, was one of the most bitter and personal in the history of the state. There were three parties in the state: the Republicans, with Leland Stanford as their nominee for Governor; the Democratic or Lecompton party as it was called, with Ex-Congressman Milton S. Latham, a young man of twenty-six years born in Ohio, as their nominee; and the anti-Lecompton or Broderick party, with John Curry, a Republican, as their standard bearer. The Democrats were now split asunder over the slavery question in Kansas, President Buchanan, in his message to Congress urged them to ratify the Lecompton constitution, which meant to make Kansas a slave state. Stephen A. Douglas strongly opposed any such action, and the anti-Lecomptonites were called Douglas Democrats or Broderickites, because he joined with Douglas in opposing slavery. This account of national politics is necessary that we may understand why the contest was so bitter and the reason of the complete overthrow of the Democratic party in the campaign of 1861. Mass meetings and conventions of all of the state parties were held early in the year, something very unusual, and the Republicans holding no county convention, by appointment, sent I. S. Locke, a photographer and portrait painter, C. C. Rynerson, George R. Choate, Dr. David Locke, of Lockeford, and D. J. Staples to represent them in the convention at Sacramento, Bancroft in writing of D. J. Staples says, "He was a man who had much to do with forming loyal sentiment in San Joaquin County. He used his influence to soften the hostility of his southern neighbors as well as his courageous will to repel the tyranny of their leaders. The first Republican speech in the county was delivered on his premises."
A United Democracy
The Democratic county convention assembled June 18, 1859, in the city hall and they were called to order by Judge A. C. Baine, chairman of the Democratic county committee. The former Whig, John B. Hall, was again elected chairman, and Dr. L. R. Chalmers, secretary. John W. O'Neal, who bolted the party and was elected to office on the Know Nothing ticket and was defeated for sheriff on the same ticket in 1857, was now unanimously nominated for the same office. In an editorial the Republican declared, "The Democracy of California is firmly united. It is a union of the friends of Union, firmly banded together to resist the attack of faction and disunion. The Democrats are determined not to meddle with the affairs of their neighbors. The forces of our neighbors are this year divided. The Republicans are bound to do business on their own account, and all the persuasions to the contrary will not move them. In this county the Republicans will display their grit if their leaders have not become faint hearted and sought protection as they did last year under the Broderick flag."
Terry's Abusive Speech
In the Democratic state convention at Sacramento, David S. Terry sought the nomination of judge of the Supreme Court, as his term was about to expire, but he was turned down, and C. C. Pope nominated. Terry in his speech before the convention said some remarkable things, considering his bolting his party in 1855, and some insulting remarks regarding the Douglas Democrats. "I claim the honor of being a Democrat. I can be nothing else. In my opinion there is no other party in which one who loves his country can rest. I have no doubt that in the coming election we will show to our sister states that California—for the acquisition of which we are indebted to the Democratic party and no other—are true to the principles which have carried our glorious Confederacy to its present proud position. If our enemies were ever united in one solid bond the forces of the unterrified and invincible Democracy are fully capable of sweeping them from the face of the earth. Who have we opposed to us? A party based on no principle. They belong heart and soul, body and breeches to David C. Broderick. They are yet ashamed to acknowledge their master and are calling themselves forsooth Douglas Democrats."
The Republican county convention met in the city hall August 2 and elected as president Dr. W. R. Kerr, a strong temperance advocate, vice-presidents, B. P. Baird and Charles Ford, and secretaries, H. B. Post and J. W. Whitney. They resolved "That the slavery agitation of the Democratic party; its endeavor to crush out freedom in Kansas—meets our unqualified condemnation. Resolved, that we entertain an abiding confidence in the Republican party. That a division of our country would be unwise and while it would benefit a few it would be decidedly prejudicial to the many."
Reception to Latham
It was always customary for each party nominee for governor to appear at Stockton, and to him was usually tendered a big ovation. Stanford and Curry received but little attention, but Milton S. Latham received the biggest ovation of that day. The Democrats assembled at three o'clock at the St. Charles Hotel and marching out met Latham on the outskirts of the town. A procession was then formed with Capt. Patrick E. Conner as marshal. In the lead of the triumphal entry was a fourteen-mule team handsomely harnessed and decorated with flags. They hauled an immense prairie schooner called the Stocktonian, and perched on top of the wagon was the Stockton Band playing, "See, the conquering hero comes." This was followed by Ex-Congressman Latham riding in a barouche, accompanied by Judge Charles M. Creanor. Then followed carriages, lager beer wagons, about 100 in number, and a cavalcade of horsemen. As the procession entered the town the old cannon on the bridge began firing and so continued until the procession arrived at the Weber House. Along the street were hundreds of people anxious to see the next governor, who was a distinguished and quite handsome man.
That evening came the first and the greatest torchlight procession of the day. At the appointed hour the Democrats began assembling at the St. Charles Hotel. Forming in line and led by the band they marched the streets. First came the standard bearer carrying a large flag, and behind him four men transporting a huge transparency on which was the motto, on one side, "Union for the sake of the Union," and on the reverse side a drawing of two clasped hands and the motto, "In Union there is strength." There were some twenty transparencies in line each one bearing some strong Union sentiment and about 1,000 men carrying the old-fashioned torches and Chinese lanterns. The procession returned to the St. Charles and Latham then addressed the assembled crowd. He addressed them very successfully for on election day, September 7, he polled in the county 1,816 votes, Curry 878, and Stanford, the Republican, only 209 votes. In Stockton it was in the same proportion, respectively, 578-378-67.
Death of Broderick
Turn back the page to Terry's speech and you will find the remark that led to the Broderick-Terry duel, the effect of which did much to keep California in the Union during the Civil War. Briefly will I review the great duel, which is not only of county but state and national history, involving as it did a United States senator and an ex-judge of the Supreme Court of California. Terry resigned from office a few days before the duel took place. The exact cause of the duel, and the exact details of it have never yet been fully explained, although the writer has read everything relating to it that came his way during the past thirty years. Broderick was a Northern man, opposed strongly to slavery. He had become the leader of his party, overriding the leadership of Terry and Gwin, and he was fast destroying the plans of the Southern leaders. This angered the party and they were determined to get rid of Broderick. But how? There was but one way, the way that many Southern men disposed of their enemy, "on the field of honor." Who was to be the gentleman to do the honor? Why, Terry, the blustering leader of the southern wing of the party and the hero of the Vigilance Committee.
Broderick was sitting in the International Hotel, San Francisco, June 26, 1859, eating breakfast. On the opposite side of the table sat D. W. Perley, a former Stockton lawyer and a friend of Terry. Broderick said to Perley, "I see your friend has been abusing me. I have hitherto spoken of him as the only honest man on the bench of a corrupt Supreme Court. He is just as bad as the others." Perley then and there challenged Broderick, willing to die if needs be for this insult to his friend Terry. Broderick refused to accept the challenge on the ground that various attempts had been made to keep him out of the campaign. Not having this excuse after the election, the following day Terry sent him a challenge. Broderick accepted it. Some of Broderick's friends attempted to stop the duel, knowing that he was tired out from the strenuous campaign. Other friends knowing that Broderick was a dead shot said, "The duel has got to come some time; it might as well come now." Terry, who was an expert with the bowie knife, now began derringer practice. The pistols belonged to Dr. Aylett, then physician of Stockton State Asylum, who lived on the north side of Park Street between California and American. Terry practiced in the back part of his yard shooting at a mark on an oak tree until he was able to hit the bull's eye every shot. The duel was to take place September 12, near Lake Merced, San Mateo County. About sixty persons were present, but the chief of police of San Francisco appeared and stopped the duel. Secret arrangements were made and the parties met about two and a half miles southeast of the lake. "As the duelists took their places about ten paces apart," says James O'Meara, an eyewitness, "Broderick appeared nervous, and, straining his nerves to the utmost tension stood stiff and unnatural. His opponent, cool and calculating, stood erect, and firm, and in in an easy position awaiting the command to fire." The pistols used were Aylett's pistols, with which Terry had been practicing. Broderick had never seen them until the fatal day. They were made especially for dueling, and the trigger was such that it could be made to pull hard or be fired at the touch of the finger by turning or loosening a little screw. Some witnesses stated that Terry was seen to place the pistol behind him just before the word to fire was given. According to the arrangements the second was to repeat the words, "Fire—One, two," Neither duelist was to raise his pistol before the word fire nor discharge it after the speaking of the word "two." The second repeated the words "Fire—one, and Broderick's pistol was discharged, the ball striking the earth about nine feet in front of Terry, just before "two" was spoken Terry fired, his ball penetrating Broderick's right breast, piercing the lung. He slowly sank to the earth and died September 17. Was this a deliberate murder? Terry, turning to his second, said, "The shot is not mortal, I have struck two inches to the right." Broderick is reported to have said, "They have killed me because I was opposed to the extension of slavery and a corrupt administration."
Farcical Trial of Terry
Dueling in California was prohibited by law and so they went through the farcical performance of trying Judge Terry for murder. The friends of Broderick wanted Terry tried in San Francisco, but Terry's friends wanted it tried in another county. The place of trial was finally presented before the Supreme Court, and they declaring that to kill another person in a duel was not murder, and the case might be tried in any county. It was then transferred to Marin County and nicely jobbed. The county court was held at San Rafael. The judges very considerately stepped aside and Judge J. H. Hardy of Mokelumne Hill, a close friend of Terry, was appointed to try the case. The trial was set for July 6, 1860, and the witnesses were summoned to appear at 10 o'clock promptly on that day. As 10 o'clock drew near, some person, accidentally of course, set the clock one hour ahead. At 10 o'clock clock time, and 9 o'clock sun time, the jury were in their seats and the judge upon the bench. The judge then asked the prosecuting attorney, "Are you ready?" "All ready, your honor," he replied. The names of the prosecuting witness were then called. Not one answered. They were then in a sailboat crossing San Francisco Bay, to arrive shortly before the true opening hour of court. No witnesses appearing the counsel for Terry moved that the case be given to the jury. The judge gave his charge to the jury. And without so much as leaving their seats they rendered a verdict of "not guilty." Judge Terry walked from that court room a free man; throughout his life, however, he was branded as the murderer of Broderick.
Transcribed by Kathy Sedler