A history of California and an extended history of Los Angeles and environs : also containing biographies of well-known citizens of the past and present, Volume I, Part 33

Author: Guinn, James Miller, 1834-1918
Publication date: 1915
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 500


USA > California > Los Angeles County > Los Angeles > A history of California and an extended history of Los Angeles and environs : also containing biographies of well-known citizens of the past and present, Volume I > Part 33


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His first entry into politics in California was his election to fill a vacancy in the senate of the first legislature. In 1851 he became president of the senate. He studied law, history and liter- ature and was admitted to the bar. He was ap- pointed clerk of the supreme court and had as- pirations for still higher positions. Although Senator Gwin was a Democrat, he had managed to control all the federal appointments of Fill- more, the Whig president, and he had filled the offices with pro-slavery Democrats.


No other free state in the Union had such odious laws against negroes as had California. The legislature of 1852 enacted a law "respect- ing fugitives from labor and slaves brought to this state prior to her admission to the Union." "Under this law a colored man or woman could be brought before a magistrate, claimed as a slave, and the person so seized not being per- mitted to testify, the judge had no alternative but to issue a certificate to the claimant, which certificate was conclusive of the right of the per- son or persons in whose favor granted, and pre- vented all molestation of such person or per- sons, by any process issued by any court, judge, justice or magistrate or other person whomso- ever."* Any one who rendered assistance to a fugitive was liable to a fine of $500 or imprison- ment for two months. Slaves who had been brought into California by their masters before it became a state, but who were freed by the adoption of a constitution prohibiting slavery, were held to be fugitives and were liable to arrest, although they had been free for several years and some of them had accumulated con- siderable property. By limitation the law should have become inoperative in 1853, but the legis- lature of that year re-enacted it, and the suc- ceeding legislatures of 1854 and 1855 continued it in force. The intention of the legislators who enacted the law was to legalize the kid- napping of free negroes, as well as the arrest of fugitives. Broderick vigorously opposed the prosecution of the colored people and by so doing called down upon his head the wrath of the pro-slavery chivalry. From that time on he was an object of their hatred. While successive legislatures were passing laws to punish black men for daring to assert their freedom and their right to the products of their honest toil, white villains were rewarded with political preferment, provided always that they belonged to the domi- nant wing of the Democratic party. The Whig party was but little better than the other, for the same element ruled in both. The finances of the state were in a deplorable condition and continually growing worse. The people's money was recklessly squandered. Incompetency was


*Bancroft's History of California, Vol. VI.


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the rule in office and honesty the exception. Ballot box stuffing had been reduced to a me- chanical science, jury bribing was one of the fine arts and suborning perjury was a recognized profession. During one election in San Fran- cisco it was estimated that $1,500,000 was spent in one way or another to influence voters. Such was the state of affairs just preceding the up- rising of the people that evolved in San Fran- cisco the vigilance committee of 1856.


At the state election in the fall of 1855 the Know Nothings carried the state. The native American or Know Nothing party was a party of few principles. Opposition to Catholics and foreigners was about the only plank in its plat- form. There was a strong opposition to for- eign miners in the mining districts and the pro-slavery faction saw in the increased foreign immigration danger to the extension of their beloved institution into new territory. The most potent cause of the success of the new party in California was the hope that it might bring reform to relieve the tax burdened people. But in this they were disappointed. It was made up from the same element that had so long mis- governed the state.


The leaders of the party were either pro- slavery men of the south or northern men with southern principles. Of the latter class was J. Neely Johnson, the governor-elect. In the leg- islature of 1855 the contest between Gwin and Broderick, which had been waged at the polls the previous year, culminated after thirty-eight ballots in no choice and Gwin's place in the senate became vacant at the expiration of his term. In the legislature of 1856 the Know Noth- ings had a majority in both houses. It was supposed that they would elect a senator to succeed Gwin. There were three aspirants: H. A. Crabb, formerly a Whig; E. C. Marshall and Henry S. Foote, formerly Democrats. All were southerners and were in the new party for of- fice. The Gwin and Broderick influence was strong enough to prevent the Know Nothing legislature from electing a senator and Califor- nia was left with but one representative in the upper house of Congress.


The Know Nothing party was short lived. At the general election in 1856 the Democrats


swept the state. Broderick, by his ability in or- ganizing and his superior leadership, had se- cured a majority in the legislature and was in a position to dictate terms to his opponents. Wel- ler's senatorial term would soon expire and Gwin's already two years vacant left two places to be filled. Broderick, who had heretofore been contending for Gwin's place, changed his tactics and aspired to fill the long term. Ac- cording to established custom, the filling of the vacancy would come up first, but Broderick, by superior finesse, succeeded in having the caucus nominate the successor to Weller first. Ex- Congressman Latham's friends were induced to favor the arrangement on the expectation that their candidate would be given the short term. Broderick was elected to the long term on the first ballot, January 9, 1857, and his commission was immediately made out and signed by the governor. For years he had bent his energies to securing the senatorship and at last he had obtained the coveted honor. But he was not satisfied yet. He aspired to control the federal patronage of the state; in this way he could reward his friends. He could dictate the elec- tion of his colleague for the short term. Both Gwin and Latham were willing to concede to him that privilege for the sake of an election. Latham tried to make a few reservations for some of his friends to whom he had promised places. Gwin offered to surrender it all with- out reservation. He had had enough of it. Gwin was elected and next day published an address, announcing his obligation to Broderick and renouncing any claim to the distribution of the federal patronage.


Then a wail long and loud went up from the chivalry, who for years had monopolized all the offices. That they, southern gentlemen of aris- tocratic antecedents, should be compelled to ask favors of a mudsill of the north was too hu- miliating to be borne. Latham, too, was indig- nant and Broderick found that his triumph was but a hollow mockery. But the worst was to come. He who had done so much to unite the warring Democracy and give the party a glo- rious victory in California at the presidential election of 1856 fully expected the approbation of President Buchanan, but when he called on


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that old gentleman he was received coldly and during Buchanan's administration he was ig- nored and Gwin's advice taken and followed in making federal appointments. He returned to California in April, 1857, to secure the nomina- tion of his friends on the state ticket, but in this he was disappointed. The Gwin ele- ment was in the ascendency and John B. Weller received the nomination for gov- ernor. He was regarded as a martyr, having been tricked out of a re-election to the sen- ate by Broderick. There were other martyrs of ilie Democracy, who received balm for their wounds and sympathy for their sufferings at that convention. In discussing a resolution de- nouncing the vigilance committee, O'Meara in his "History of Early Politics in California," says: "Col. Joseph P. Hoge, the acknowledged leader of the convention, stated that the com- mittee had hanged four men, banished twenty- eight and arrested two hundred and eighty; and that these were nearly all Democrats.


On Broderick's return to the senate in the session of 1857-58, he cast his lot with Senator Douglas and opposed the admission of Kansas under the infamous Lecompton constitution. This cut him loose from the administration wing of the party.


In the state campaign of 1859 Broderick ral- lied his followers under the Anti-Lecompton standard and Gwin his in support of the Bu- chanan administration. The party was hope- lessly divided. Two Democratic tickets were placed in the field. The Broderick ticket, with John Currey as governor, and the Gwin, with Milton Latham, the campaign was bitter. Brod- erick took the stump and although not an orator his denunciations of Gwin were scathing and merciless and in his fearful earnestness he be- came almost eloquent. Gwin in turn loosed the vials of his wrath upon Broderick and criminations and recriminations flew thick and fast during the campaign. It was a campaign of vituperation, but the first aggressor was Gwin.


Judge Terry, in a speech before the Lecomp- ton convention at Sacramento in June, 1859, after flinging out sneers at the Republican party, characterized Broderick's party as sailing "under


the flag of Douglas, but it is the banner of the black Douglass, whose name is Frederick, not Stephen." This taunt was intended to arouse the wrath of Broderick. He read Terry's speech while seated at breakfast in the International hotel at San Francisco. Broderick denounced Terry's utterance in forcible language and closed by saying: "I have hitherto spoken of him as an honest man, as the only honest man on the bench of a miserable, corrupt su- preme court, but now I find I was mistaken. I take it all back." A lawyer by the name of Per- ley, a friend of Terry's, to whom the remark was directed, to obtain a little reputation, challenged Broderick. Broderick refused to consider Per- ley's challenge on the ground that he was not his (Broderick's) equal in standing and beside that he had declared himself a few days before a British subject. Perley did not stand very high in the community. Terry had acted as a second for him in a duel a few years before.


Broderick, in his reply to Perley, said: "I have determined to take no notice of attacks from any source during the canvass. If I were to accept your challenge, there are probably many other gentlemen who would seek similar opportunities for hostile meetings for the pur- pose of accomplishing a political object or to obtain public notoriety. I cannot afford at the present time to descend to a violation of the Constitution and state laws to subserve either their or your purposes."


Terry a few days after the close of the cam- paign sent a letter to Broderick demanding a retraction of the offensive remarks. Broderick, well knowing that he would have to fight some representative of the chivalry if not several of them in succession, did not retract his remarks. He had for several years, in expectation of such a result in a contest with them, practiced himself in the use of fire arms until he had be- come quite expert.


A challenge followed, a meeting was arranged to take place in San Mateo county, ten miles from San Francisco, on the 12th of September. Chief of Police Burke appeared on the scene and arrested the principals. They were released by the court, no crime having been committed. They met next morning at the same place; ex-


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Congressman Mckibben and David D. Colton were Broderick's seconds. Calhoun Benham and Thomas Hayes were Terry's. The pistols selected belonged to a friend of Terry's. Brod- erick was ill, weak and nervous, and it was said that his pistol was quicker on the trigger than Terry's. When the word was given it was dis- charged before it reached a level and the ball struck the earth, nine feet from where he stood. Terry fired, striking Broderick in the breast. He sank to the earth mortally wounded and died three days afterwards. Broderick dead was a greater man than Broderick living. For years he had waged a contest against the representa- tives of the slave oligarchy in California and the great mass of the people had looked on with indifference, even urging on his pursuers to the tragic end. Now that he was killed, the cry went up for vengeance on his murderers. Terry was arrested and admitted to bail in the sum of $10,000. The trial was put off on some pretext and some ten months later he obtained a change of venue to Marin county on the plea that he could not obtain a fair and impartial trial in San Francisco. His case was afterwards dismissed without trial by a pro-slavery judge named Hardy. Although freed by the courts he was found guilty and condemned by public opinion. He went south and joined the Confederates at the breaking out of the Civil war. He some time after the close of the war returned to Cal- ifornia. In 1880 he was a presidential elector on the Democratic ticket. His colleagues on the ticket were elected, but he was defeated. He was killed at Lathrop by a deputy United States marshal while attempting an assault on United States Supreme Judge Field.


In the hne and cry that was raised on the death of Broderick, the chivalry read the doom of their ascendency. Gwin, as he was about to take the steamer on his return to Washington, "had flaunted in his face a large canvas frame, on which was painted a portrait of Broderick and this: 'It is the will of the people that the murderers of Broderick do not return again to California;' and below were also these words attributed to Mr. Broderick: 'They have killed me because I was opposed to the extension of slavery, and a corrupt administration.'"


Throughout his political career Broderick was a consistent anti-slavery man and a friend of the common people. Of all the politicians of the ante-bellum period, that is, before the Civil war, he stands to-day the highest in the estimation of the people of California. Like Lincoln, he was a self-made man. From a humble origin, unaided, he had fought his way up to a lofty po- sition. Had he been living during the war against the perpetuity of human slavery, he would have been a power in the senate or pos- sibly a commander on the field of battle. As it was, during that struggle in his adopted state, his name became a synonyn of patriotism and love for the Union.


Milton S. Latham, who succeeded John B. Weller as governor in 1860, was, like his pred- ecessor, a northern man with southern prin- ciples. Almost from the date of his arrival in California he had been an office-holder. He was a man of mediocre ability. He was a state di- visionist and would have aided in that scheme by advocating in the senate of the United States (to which body he had been elected three days after his inauguration) the segregation of the southern counties and their formation into a new state with the hopes of restoring the equi- librium between the north and the south. But the time had passed for such projects. The lieutenant-governor, John G. Downey, suc- ceeded Latham. Downey gained great popu- larity by his veto of the "bulkhead bill." This was a scheme of the San Francisco Dock and Wharf Company to build a stone bulkhead around the city water front in consideration of having the exclusive privilege of collecting wharfage and tolls for fifty years. Downey lost much of his popularity, particularly with the Union men, during the Civil war on account of his sympathy with the Confederates.


At the state election in September, 1861, Le- land Stanford was chosen governor. He was the first Republican chosen to that office. He received fifty-six thousand votes. Two years before he had been a candidate for that office and received only ten thousand votes, so rap- idly had public sentiment changed. The news of the firing upon Fort Sumter reached San Francisco April 24, twelve days after its oc-


14


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currence. It came by pony express. The be- ginning of hostilities between the north and the south stirred up a strong Union sentiment. The great Union mass meeting held in San Fran- cisco May II, 1861, was the largest and most enthusiastic public demonstration ever held on the Pacific coast. The lines were sharply drawn between the friends of the government and its enemies. Former political alliances were for- gotten. Most of the Anti-Lecompton or Doug- las Democrats arrayed themselves on the side of the Union. The chivalry wing of the Dem- ocratic party were either open or secret sym- pathizers with the Confederates. Some of them were bold and outspoken in their disloyalty. The speech of Edmund Randolph at the Dem- ocratic convention July 24, 1861, is a sample of such utterances. * "To me it seems a waste of time to talk. For God's sake, tell me of battles fought and won. Tell me of usurpers overthrown; that Missouri is again a free state, no longer crushed under the armed heel of a reckless and odious despot. Tell me that the state of Maryland lives again; and, oh! gentlemen, let us read, let us hear, at the first moment, that not one hostile foot now treads the soil of Virginia! (Applause and cheers.) If this be rebellion, I am a rebel. Do you want a traitor, then I am a traitor. For God's sake, speed the ball; may the lead go quick to his heart, and may our country be free from the despot usurper that now claims the name of the president of the United States."* (Cheers.) Some of the chivalry Democrats, most of whom had been holding office in California for years, went south at the breaking out of the war to fight in the armies of the Confederacy, and among these was Gen. Albert Sidney Johnston, who had been superseded in the command of the Pacific Department by Gen. Edwin V. Sum- ner. Johnston, with a number of fellow sym- pathizers, went south by the overland route and was killed a year later, at the battle of Shiloh, while in command of the Confederate army.


One form of disloyalty among the class known as "copperheads" (northern men with southern principles) was the advocacy of a Pa-


cific republic. Most prominent among these was ex-Governor John B. Weller. The move- ment was a thinly disguised method of aiding the southern Confederacy. The flag of the inchoate Pacific republic was raised in Stock- ton January 16, 1861. It is thus described by the Stockton Argus: "The flag is of silk of the medium size of the national ensign and with the exception of the Union (evidently a mis- nomer in this case) which contains a lone star upon a blue ground, is covered by a painting representing a wild mountain scene, a huge grizzly bear standing in the foreground and the words 'Pacific Republic' near the upper border." The flag raising was not a success. At first it was intended to raise it in the city. But as it became evident this would not be allowed, it was raised to the mast head of a vessel in the slough. It was not allowed to float there long. The hal- yards were cut and a boy was sent up the mast to pull it down. The owner of the flag was con- vinced that it was not safe to trifle with the loyal sentiment of the people.


At the gubernatorial election in September, 1863, Frederick F. Low, Republican, was chosen over John G. Downey, Democrat, by a majority of over twenty thousand. In some parts of the state Confederate sympathizers were largely in the majority. This was the case in Los Angeles and in some places in the San Joaquin valley. Several of the most outspoken were arrested and sent to Fort Alcatraz, where they soon became convinced of the error of their ways and took the oath of allegiance. When the news of the assassination of Lincoln reached San Francisco, a mob destroyed the newspaper plants of the Democratic Press, edited by Beriah Brown; the Occidental, edited by Zach. Montgomery; the News Letter, edited by F. Marriott, and the Monitor, a Catholic paper, edited by Thomas A. Brady. These were virulent copperhead sheets that had heaped abuse upon the martyred president. Had the proprietors of these journals been found the mob would, in the excitement that prevailed, have treated them with violence. After this demonstration Confederate sympathizers kept silent.


*Tuthill's History of California.


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CHAPTER XXXI.


TRADE, TRAVEL AND TRANSPORTATION.


T HE beginning of the ocean commerce of California was the two mission transport ships that came every year to bring sup- plies for the missions and presidios and take back what few products there were to send. The government fixed a price upon each and every article of import and export. There was no cornering the market, no bulls or bears in the wheat pit, no rise or fall in prices except when ordered by royal authority. An Arancel de Precios (fixed rate of prices) was issued at certain intervals, and all buying and selling was governed accordingly. These arancels included everything in the range of human needs-phys- ical, spiritual or mental. According to a tariff of prices promulgated by Governor Fages in 1788, which had been approved by the audencia and had received the royal sanction, the price of a Holy Christ in California was fixed at $1.75, a wooden spoon six cents, a horse $9, a deerskin twenty-five cents, red pepper eighteen cents a pound, a dozen of quail twenty-five cents, brandy seventy-five cents per pint, and so on throughout the list.


In 1785 an attempt was made to open up trade between California and China, the com- modities for exchange being seal and otter skins for quicksilver. The trade in peltries was to be a government monopoly. The skins were to be collected from the natives by the mission friars, who were to sell them to a government agent at prices ranging from $2.50 to $10 each. The neophytes must give up to the friars all the skins in their possession. All trade by citi- zens or soldiers was prohibited and any one attempting to deal in peltries otherwise than the regularly ordained authorities was liable, if found out, to have his goods confiscated. Spain's attempt to engage in the fur trade was not a success. The blighting monopoly of church and state nipped it in the bud. It died


out, and the government bought quicksilver, on which also it had a monopoly, with coin in- stead of otter skins.


After the government abandoned the fur trade the American smugglers began to gather up the peltries, and the California producer re- ceived better prices for his furs than the mis- sionaries paid.


The Yankee smuggler had no arancel of prices fixed by royal edict. His price list va- ried according to circumstances. As his trade was illicit and his vessel and her cargo were in danger of confiscation if he was caught, his scale of prices ranged high. But he paid a higher price for the peltries than the government, and that was a consolation to the seller. The com- merce with the Russian settlements of the northwest in the early years of the century fur- nished a limited market for the grain produced at some of the missions, but the Russians helped themselves to the otter and the seal of California without saying "By your leave" and they were not welcome visitors.


During the Mexican revolution, as has been previously mentioned, trade sprang up between Lima and California in tallow, but it was of short duration. During the Spanish era it can hardly be said that California had any com- merce. Foreign vessels were not allowed to enter her ports except when in distress, and their stay was limited to the shortest time pos- sible required to make repairs and take on supplies.


It was not until Mexico gained her inde- pendence and removed the proscriptive regu- lations with which Spain had hampered com- merce that the hide droghers opened up trade between New England and California. This trade, which began in 1822, grew to consider- able proportions. The hide droghers were emi- grant ships as well as mercantile vessels. By


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these came most of the Americans who settled in California previous to 1840. The hide and tallow trade, the most important item of com- merce in the Mexican era, reached its maximum in 1834, when the great mission herds were, by order of the padres, slaughtered to prevent them from falling into the hands of the government commissioners. Thirty-two vessels came to the coast that year, nearly all of which were en- gaged in the hide and tallow trade.


During the year 1845, the last of Mexican rule, sixty vessels visited the coast. These were not all trading vessels; eight were men- of-war, twelve were whalers and thirteen came on miscellaneous business. The total amount received at the custom house for revenue during that year was $140,000. The majority of the vessels trading on the California coast during the Mexican era sailed under the stars and stripes. Mexico was kinder to California than Spain, and under her administration commer- cial relations were established to a limited ex- tent with foreign nations. Her commerce at best was feeble and uncertain. The revenue laws and their administration were frequently changed, and the shipping merchant was never sure what kind of a reception his cargo would receive from the custom house officers. The duties on imports from foreign countries were exorbitant and there was always more or less smuggling carried on. The people and the padres, when they were a power, gladly wel- comed the arrival of a trading vessel on the coast and were not averse to buying goods that had escaped the tariff if they could do so with safety. As there was no land tax, the revenue on goods supported the expenses of the govern- ment.




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