A history of California and an extended history of its southern coast counties, also containing biographies of well-known citizens of the past and present, Volume I, Part 34

Author: Guinn, James Miller, 1834-1918
Publication date: 1907
Publisher: Los Angeles, Cal., Historic record company
Number of Pages: 1184

USA > California > A history of California and an extended history of its southern coast counties, also containing biographies of well-known citizens of the past and present, Volume I > Part 34

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The company had the land subdivided and laid off a town which was first named Jurupa, but afterwards the name was changed to River- side. The river, the Santa Ana, did not flow

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HISTORICAL AND BIOGRAPHICAL RECORD.

past the town, but the colonists hoped to make a goodly portion of its waters do so. The lands were put on sale at reasonable prices, a ditch at a cost of $50,000 was constructed. Experi- ments were made with oranges, raisin grapes and deciduous fruits, but the colony finally set- tled down to orange producing. In 1873 the introduction of the Bahia or navel orange gave an additional impetus to orange growing in the colony, the fruit of that species being greatly superior to any other. This fruit was propa- gated by budding from two trees received from Washington, D. C., by J. A. Tibbetts, of River- side.

The Indiana colony, which later became Pasa- dena, was founded in 1873 by some gentlemen from Indiana. Its purpose was the growing of citrus fruits and raisin grapes, but it has grown into a city, and the orange groves, once the pride of the colony, have given place to business blocks and stately residences.

During the early 'zos a number of agricul- tural colonies were founded in Fresno county. These were all fruit-growing and raisin-pro- ducing enterprises. They proved successful and Fresno has become the largest raisin-pro- ducing district in the state.

CHAPTER XXX. THE CIVIL WAR-LOYALTY AND DISLOYALTY.

T HE admission of California into the Union as a free state did not, in the opinion of the ultra pro-slavery faction, preclude the possibility of securing a part of its territory for the "peculiar institution" of the south. The question of state division which had come up in the constitutional convention was again agi -. tated. The advocates of division hoped to cut off from the southern part, territory enough for a new state. The ostensible purpose of division was kept concealed. The plea of unjust taxa- tion was made prominent. The native Califor- nians who under Mexican rule paid no taxes on their land were given to understand that they were bearing an undue proportion of the cost of government, while the mining counties, pay- ing less tax, had the greater representation. The native Californians were opposed to slavery, an open advocacy of the real purpose would defeat the division scheme.

The leading men in the southern part of the state were from the slave states. If the state were divided, the influence of these men would carry the new state into the Union with a con- stitution authorizing slave-holding and thus the south would gain two senators. The division question came up in some form in nearly every session of the legislature for a decade after Cali- fornia became a state.

In the legislature of 1854-55, Jefferson Hunt, of San Bernardino county, introduced a bill in the assembly to create and establish, "out of the territory embraced within the limits of the state of California, a new state, to be called the state of Columbia." The territory embraced within the counties of Santa Cruz, Santa Clara, San Joaquin, Calaveras, Amador, Tuolumne, Stanislaus, Mariposa, Tulare, Monterey, Santa Barbara, San Luis Obispo, Los Angeles, San Bernardino and San Diego, with the islands on the coast, were to constitute the new state. "The people residing within the above mentioned territory shall be and they are hereby author- ized, so soon as the consent of the congress of the United States shall be obtained thereto, to proceed to organize a state government under such rules as are prescribed by the constitution of the United States." The bill was referred to a select committee of thirteen members repre- senting different sections of the state. This committee reported as a substitute, "An Act to create three states out of the territory of Cali- fornia," and also drafted an address to the peo- ple of California advocating the passage of the act. The eastern boundary line of California was to be moved over the mountains to the one hundred and nineteenth degree of longitude west of Greenwich, which would have taken about

205

HISTORICAL AND BIOGRAPHICAL RECORD.

half of the present state of Nevada. The north- ern state was to be called Shasta, the central California and the southern Colorado.

The southern boundary of the state of Shasta began at the mouth of Maron's river; thence easterly along the boundary line between Yerba and Butte counties and between Sierra and Plu- mas to the summit of the Sierra Nevadas and thence easterly to the newly established state line.

The northern boundary of the state of Colo- rado began at the mouth of the Pajara river, running up that river to the summit of the Coast Range; thence in a straight line to the mouth of the Merced river, thence up that river to the summits of the Sierra Nevadas and then due east to the newly established state line.

The territory not embraced in the states of Colorado and Shasta was to constitute the state of California.

The taxable property of Shasta for the year 1854 was $7,000,000 and the revenue $100,000; that of Colorado $9.764,000 and the revenue $186,000. These amounts the committee consid- ered sufficient to support the state governments. The bill died on the files.

The legislature of 1859 was intensely pro- slavery. The divisionists saw in it an oppor- tunity to carry out their long-deferred scheme. The so-called Pico law, an act granting the consent of the legislature to the formation of a different government for the southern counties of this state, was introduced early in the ses- sion, passed in both houses and approved by the governor April 18, 1859. The boundaries of the proposed state were as follows: "All of that part or portion of the present territory of this state lying all south of a line drawn east- ward from the west boundary of the state along the sixth standard parallel south of the Mount Diablo meridian, east to the summit of the coast range; thence southerly following said summit to the seventh standard parallel: thence due east on said standard, parallel to its inter- section with the northwest boundary of Los Angeles county; thence northeast along said boundary to the eastern boundary of the state, including the counties of San Luis Obispo, Santa Barbara, Los Angeles, San Diego, San Bernardino and a part of Buena Vista, shall be

segregated from the remaining portion of the state for the purpose of the formation by con- gress, with the concurrent action of said portion (the consent for the segregation of which is hereby granted), of a territorial or other gov- ernment under the name of the "Territory of Colorado," or such other name as may be deemed meet and proper."

Section second provided for the submitting the question of "For a Territory" or "Against a Territory" to the people of the portion sought to be segregated at the next general election; "and in case two-thirds of the whole number of voters voting thereon shall vote for a change of government, the consent hereby given shall be deemed consummated." In case the vote was favorable the secretary of state was to send a certified copy of the result of the election and a copy of the act annexed to the president of the United States and to the senators and rep- resentatives of California in congress. At the general election in September, 1859, the ques- tion was submitted to a vote of the people of the southern counties, with the following result:

For.

Against.

Los Angeles county

1.407

441

San Bernardino

441

San Diego

207

San Luis Obispo

283

Santa Barbara

395

Tulare

...

Total

2.477

828

The bill to create the county of Buena Vista from the southern portion of Tulare failed to pass the legislature, hence the name of that county does not appear in the returns. The result of the vote showed that considerably more than two-thirds were in favor of a new state.

The results of this movement for division and the act were sent to the president and to con- gress, but nothing came of it. The pro-slavery faction which with the assistance of its coad- jutors of the north had so long dominated con- gress had lost its power. The southern senators and congressmen were preparing for secession and had weightier matters to think of than the division of the state of California. Of late years, a few feeble attempts have been made to stir up

206

HISTORICAL AND BIOGRAPHICAL RECORD.

the old question of state division and even to resurrect the old "Pico law."

For more than a decade after its admission into the Union, California was a Democratic state and controlled by the pro-slavery wing of that party. John C. Fremont and William H. Gwin, its first senators, were southern born, Fremont in South Carolina and Gwin in Ten- nessee. Politics had not entered into their election, but the lines were soon drawn. Fre- mont drew the short term and his services in the senate were very brief. He confidently expected a re-election, but in this he was doomed to disappointment. The legislature of 1851, after balloting one hundred and forty-two times, adjourned without electing, leaving Cali- fornia with but one senator in the session of 1850-51. In the legislature of 1852 John B. Willer was elected. He was a northern man with southern principles. His chief opponent for the place was David Colbert Broderick, a man destined to fill an important place in the political history of California. He was an Irish- man by birth, but had come to America in his boyhood. He had learned the stone cutters' trade with his father. His early associations were with the rougher element of New York City. Aspiring to a higher position than that of a stone cutter he entered the political field and soon arose to prominence. At the age of 26 he was nominated for Congress, but was de- feated by a small majority through a split in the party. In 1849 he came to California, where he arrived sick and penniless. With F. D. Kohler, an assayer, he engaged in coining gold. The profit from buying gold dust at $14 an ounce and making it into $5 and $to pieces put him in affluent circumstances.

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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HISTORICAL AND BIOGRAPHICAL RECORD.

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 Nothing's 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 eleet 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 witlı- 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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HISTORICAL AND BIOGRAPHICAL RECORD.

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 the 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: "1 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-

209

HISTORICAL AND BIOGRAPHICAL RECORD.

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 hue 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.

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A history of California and an extended history of its southern coast counties, also containing biographies of well-known citizens of the past and present, Volume I, Part 34

Author: Guinn, James Miller, 1834-1918 Publication date: 1907 Publisher: Los Angeles, Cal., Historic record company Number of Pages: 1184

Author: Guinn, James Miller, 1834-1918
Publication date: 1907
Publisher: Los Angeles, Cal., Historic record company
Number of Pages: 1184