History of California, Volume VI, Part 76

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 816

USA > California > History of California, Volume VI > Part 76

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

42 Two reports were rendered, the minority being against the bill. Cal. Jour. Assem., 1852, 166-774; Hayes' Constit. Law, i. 38.

669

PATRIOTIC SCOUNDRELISM.

the inequality of taxation and representation between the north and south -- a motive in which there was some truth and much exaggeration. The majority rule applied as consistently to the southern inhabitants as to any; and the effort was at bottom a pro-slavery movement.

The deliberations of both houses were in the main harmonious, although an occasional remark struck fire, as when Paul K. Hubbs of Tuolumne attributed the low price of the state's warrants to the efforts of cer- tain bankers to depreciate them, looking significantly at J. R. Snyder of San Francisco, a partner in the banking-house of James King of William. Snyder asked in a threatening manner if it was to him that Hubbs' criticism was directed, when Broderick inter- posed a hope that his colleague would not attempt to intimidate the senator from Tuolumne. This remark was like a spark to powder. Snyder sprang at Hubbs, and was only prevented from assaulting him by the interposition of other muscular senators, who rushed to seize the frenzied banker.

A serious debate arose when Crabb of San Joaquin presented a bill to prevent obstructions to the run of salmon in the San Joaquin River, as to which of the committees, of commerce or agriculture, the bill should be referred, some sharp language being used. Frank Soulé of San Francisco restored good humor by mov- ing that the subject be referred to a committee con- sisting of Crabb, Roach, Cook, and Frye.

Estill of Solano and Napa, who was apparently incapable of being honest, had prepared two speeches upon a subject of importance, one of which was given to the Placer Times (dem.), and the other to the Sac- ramento Union (whig), both made conformable to the opinions of readers of the different political journals. When he came to speak on the question in the senate, he paid little attention to his utterances already in print, as a report of what he was then saying on the floor. Broderick, who had read the papers, upbraided

670

POLITICAL HISTORY.

Estill in the senate for his duplicity. As he was leaving the chamber, one of his friends cautioned him concerning the pugilistic senator from New York, saying, "Look out for Dave." "O, thunder !" was the senatorial response; "I can clean him out in a minute!" And notwithstanding the exposure, Estill was treated by his fellow-senators as if the whole matter were a jest. In such ways did this august body defraud and laugh at the people, while spending $200,000 of the people's money,43 wheedled out of their pockets by allusions to the honest toil of the mining population, which was being swindled by the United States whig assaying office.

The administration of President Fillmore was draw- ing to a close. In February 1852 the California branches of the great national parties began to muster their forces. The whigs held a convention at Sacra- mento on the 20th and 21st, and the democrats on the 23d to the 26th, for the purpose of electing dele- gates to the national conventions to be held in Phil- adelphia and Baltimore." The whigs leaned to Webster for president, and the democrats desired the nomination of Douglas, but both pledged them- selves to labor for nominees of the national choice, the democrats, with that settled determination to force the issue of slavery upon all occasions, adding to their resolutions "provided that said nominees be neither free-soilors nor abolitionists." 45

The whigs met again in June to nominate candi-

43 Roach, Statement, MS., 13; S. F. Alta, May 6, 1852.

44 The whig delegates elected were: W. F. Stewart, El Dorado; J. O. Good- win, Yuba; J. A. Clay Mudd, S. F .; R. W. Heath, San Joaquin; alternates, B. F. Whittin, Mariposa; A. Morgan, Calaveras; A. Lyle, Trinity; Judge Davis, Yolo. A new state central committee was chosen, consisting of Dr N. D. Morse, E. J. C. Kewen, Tod Robinson, Sac .; J. N. Hoag of Yolo; John Wilson of S. F .; H. A. Crabb, San Joaquin; Thomas Robinson, El Do- rado; R. H. Taylor, Yuba. S. F. Alta, Feb. 22, 1852.

45 Proceedings Dem. State Con., p. 20. The democrats elected four delegates to the Baltimore convention: W. H. Richardson of Sutter; José M. Covar- rubias of Sta Bárbara; E. D. Hammond, Sta Clara; Joshua Holden, Tuolumne. For substitutes: Henry A. Lyons, S. F .; Amos T. Laird, Nevada; M. M. Wom- baugh, Yolo; and Charles Loring, Solano.

671

LATHAM AND MCDOUGALL.

dates for election to congress,46 and to state offices;47 and the democrats followed with a state convention in July. The nominees of the whig party were not fortu- nate ones, being either men little known or who were questionable. It was patent that Tingley, with the odor of his coolie bill upon him, could not be elected to congress, and that P. L. Edwards, from the "state of Pike," 48 as Missouri was desparagingly termed, had small chance of being voted in by the chivalry, or by Yankee electors, Missourians being abhorred of both. The democrats, according to their custom, had trained men, well known to both parties, and ready and anx- ious for positions. The nominee for congressman from the northern district was a rising young lawyer, not unknown in politics, Milton S. Latham, and for the southern district, James A. McDougall; with other popular men for the state offices.49 Between the two

46 This election of congressman, the year following the election of McCorkle and Marshall, was in pursuance of a law of the late legislature fixing the times at which representatives in congress should be elected-Cal. Stat., 1852, 146-and to prevent the recurrence of a vacancy, such as had followed the expiration of the terms of Gilbert and Wright.

47 The nominees for congress were George B. Tingley, Sta Clara; and P. L. Edwards, Sac .; for judge of the sup. court for the full term, J. M. Hunting- ton, Tuolumne, to succeed Justice N. Bennett, and Stanton Buckner, judge for the short term; William W. Hawks, clerk of sup. court; presidential electors, John C. Fall, Yuba; David H. Haskell, S. F .; T. D. Johns, and J. A. Hale; alternates, Thomas Robinson, El Dorado; A. Maurice, Butte; Wil- liam A. Robinson, Siskiyou, and Samuel Barney. S. F. Alta, June 10, 1852. 48 There does not seem to have been much point to the appellation. There is a county of that name on the eastern border of Mo., and a county of the same name on the western border of Ill., only separated from each other by the Mississippi River. There is nothing to show that the immigration from these two counties was specially numerous-on the contrary, the greater part of the immigrants come from the western counties. But any lean, lank, lazy, ignorant, and nigger-hating drone from this part of the state who had crossed the plains with an ox-team, to squat among the foothills of the Sierra, was popularly known as 'an arrival from Pike co., Missouri,' until every Missourian was suspected of having been of the same brood. They were, in truth, the descendants of pioneers of the slave states, who, having moved from frontier to frontier for several generations, had been unable to keep up with the progress of the times, and who were unfit for the society of men who had, but whose ancestral blood was perhaps no better than theirs.

49 The state nominations were: Hugh C. Murray, of Solano, judge of the sup. court for the full term, to succeed N. Bennett; Alexander Wells, of S. F., for the short term; Preston K. Woodside, of Monterey, for clerk of the sup. court; Andreas Pico, of Los Angeles, T. J. Henley, of Sac., Winfield S. Sherwood, of Butte, and Joseph W. Gregory, of Gregory's Express Co., for presidential electors; alternates, J. L. Brent, Los Angeles; Lansing B. Miz- ner, Solano; J. A. Watson, Shasta; and Seth B. Farwell, of El Dorado. A

672

POLITICAL HISTORY.

parties in the state there could not be any important issues, both desiring the same benefits to the state, and both blaming the general government for neglect, though the democrats charged the executive, and the whigs a democratic congress, with the responsibility,

The means taken by the north to placate the south, namely the nomination of a military man with no pronounced politics, was under the circumstances wise; the concession of the south in accepting a northern democrat for president looked like a return to confidence.

Both the great national parties had pledged them- selves to adhere to the compromises which had warded off imminent disunion when California was admitted, and there seemed not much left to differ about; but there was still, within the democratic party, a third, elementary one, ripe from organization, teeming with · electric fires which a touch might at any moment dis- cover; and within, or supposed to be a part of, the whig party was its opposite, which was to apply the touch.

The first presidential election in the state was an occasion of interest, which could only be attended with an eager desire for victory by both sides, each desirous of gaining a standing for the state in the national party to which its support was pledged. The summer passed in a whirl of political meetings and public dem- onstrations, terminating later in county and mass con- ventions for the nomination of district judges, members of the legislature, and other officials, the general elec- tion being by act at the previous session changed from September to the presidential election day in November.

The cities of San Francisco and Sacramento were whig in 1852, but the state gave a majority for Pierce over Scott for president, of 9,669, the whole vote of

new state central committee was appointed, consisting of D. C. Broderick, N. S. Petit, F. P. Tracy, David Scannell, Thomas Hayes, and J. R. Maloney, of S. F .; G. W. Colby, Sac .; A. C. Bradford, Stockton; C. H. Bryan, Marys- ville. Hayes' Cal. Pol., i. 7.

673

PRESIDENTIAL ELECTION.

the state being 71,189. The election of the state democratic ticket was a matter of course. It was not until the first week in December that the overwhelm- ing defeat of the whigs in the Atlantic states became known, and surprised both parties in California. It fixed more firmly also the hold of the new adminis- tration ; for who likes not to be on the winning side ? But it was destined to inaugurate some changes in politics, tending toward the disintegration of parties. A change in federal offices was almost universal. The distribution of patronage in California caused differ- ences between the delegation in congress, giving rise to factions within the ruling party itself, which main- tained a distinct organization, and carried on that bitterest of warfares, that which disunites the family bond.

The man selected by the democratic administration to fill the office of collector of customs 50 in California was R. P. Hammond, a retired army officer, who had

50 Collier, the first collector, was a popular villain, and received a fine testimonial from his friends and confederates in Cal. on leaving the country. The govt brought suit against him for moneys not accounted for, the balance against him being $700,000. About half of this was paid up before suit was brought for the remainder. In addition to the irregularity in accounts, Col- lier was guilty of seizing foreign vessels and their cargoes under the pretence that the navigation laws did not permit them to engage in indirect trade with cargoes taken in at any ports other than those of their own country. The cargoes were sold at auction or private sale, at ruinous sacrifices. It was charged that these sales were generally collusive, and that the collector profited by them by a resale at a great advance. These seizures fell princi- pally upon French vessels, the gross claims presented by the French minister amounting to nearly $800,000, which, with the other claims for illegal pro- ceedings, aggregated over $1,000,000. Of this amount our fine official paid $200,000, while the cost to the government was $300,000, after reducing the claims to about one quarter of their full amount. These proceedings, to- gether with the Cal. legislative action concerning vessels entering S. F. and other ports, were extremely injurions to the reputation and commerce of the state. Collector King was charged with omitting to account for $100,000 of the public money. He, too, it seems, had a scheme for filling his pockets, less troublesome to the govt than Collier's, one part of which was to pay an exorbitant rent for a warehouse leased for the U. S., when the owner re- funded a large part of it to King for his own use; and another to contract for the lighterage ashore of goods intended for the bonded warehouse, at a rate which the merchants protested against, being himself a silent party in the contract. On complaint being made to Sec. Corwin, he ordered the prac- tice discontinued, and allowed the importers to bring their goods ashore by their own lighters, under the charge of a revenue officer. It was a long time before King's accounts were settled. N. Y. Express, in S. F. Alta, Sept. 9, 1853.

HIST. CAL, VOL. VI. 43

674

POLITICAL HISTORY.

been in California since April 1849, and who, for Colonel Stevenson, laid out the town of New York that year, at the mouth of the San Joaquin river. William H. Richardson, who two years afterward was killed by an Italian gambler with whom he associ- ated,"1 was appointed United States marshal. S. W. Inge, appointed United States district attorney, had been congressman from Alabama for several years, but had recently come to California. He had also been a partner of A. P. Crittenden, a prominent lawyer, through whose interest, says Gwin, he received the office. John C. Hays, of Texas ranger notoriety, who had been sheriff of San Francisco, was made surveyor- general; and Thomas J. Henley, formerly of Indiana, was given the post-office. Henley had been a con- gressman for six years previous to coming to California. He was subsequently transferred to the Indian de- partment, and although he was assailed, there were no charges ever proven against him in his capacity as superintendent of Indian affairs, which position he held during the administration of Pierce and Buchanan,52 the office having attached to it a large patronage.

The legislature of 185353 met at Vallejo January

51 Sherman Mem., 67, 73; Gwin, Memoirs, MS., 106; Pop. Tribunals, ii. 29, this series.

52 Henley was born in Indiana in 1807. He was elected to the legislature at the age of 21, serving for scveral terms, and being speaker of the lower house. He studied law but did not practice. In 1840 he was elected to congress, and for two succeeding terms. In 1849 he came overland to Cali- fornia, establishing himself in banking business in Sacramento, in company with McKnight & Co., and subsequently with Milton T. Latham and Judge S. C. Hastings. In 1852 he was chosen presidential elector, and selected to carry the electoral vote of California to Washington for Pierce and King. During the war he took no part in public affairs except to canvass the state for MeClellan in 1861. He was again on the electoral ticket in 1868, when Gov. Seymour was democratic nominee for the presidency. He was a gifted public speaker and sought after in political campaigns. He died in 1875, on his farm in Mendocino county, of softening of the brain. His son, Hon. Barclay Henley, resides (1888) in S. F.

53 The senate was composed of J. II. Baird, J. S. Hager, J. R. Snyder, S. F. ; A. P. Catlin, J. H. Ralston, Sac. ; J. W. Coffroth, P. K. Hubbs, Tu- olamne ; J. W. Denver, L. S. Williams, Trinity and Klamath; J. Walton, B. F. Keene, El Dorado; H. A. Crabb, San Joaquin and Contra Costa; A. M. de la Guerra, Sta Bárbara and San Luis Obispo; J. M. Estill, Napa and Sclano; S. C. Foster, Los Angeles; J. Gruell, Sta Clara and Contra Costa ; J. M.

675

PROPOSED NEW CONSTITUTION.

3d, adjourning a month later to Benicia. The chief interest at this session centred on the bill for a con- stitutional convention, a measure warmly supported by Senator Ralston of Sacramento, who declared a "new political era had opened" in the state since the last legislature, and that the time had "fully arrived" for forming a new constitution. Other members showed him to be in error by voting down the meas- ure, which, however, was discussed with an unction that made it evident there was something more at the bottom of the project than appeared on the surface. That something proved to be a plan on the part of the whig members in the legislature to bring their party back into prominence in the state, and drawing to them a certain portion of the democrats, by favoring a convention which would, on the pretence of correcting some immaterial defects in the constitution, never ad- journ until they had divided the state. The discovery of the plot occasioned much indignation. By the bill which nearly became a law in 1853, the people were required to vote only on convention, but not on the

Hudspeth, Sonoma and Marin; D. B. Kurtz, San Diego; J. Y. Lind, Cala- veras; C. F. Lott, Butte; J. C. Mckibben, Yuba; P. A. Roach, Monterey; S. B. Smith, Sutter; J. H. Wade, Mariposa; J. Walkup, Placer; M. M. Wambough, Yolo and Colusa; Wm H. Lyons, Nevada. The officers of the senate were: S. Purdy, prest; B. F. Keene, prest pro tem .; A. C. Bradford, sec .; J. S. Love, asst sec .; J. L. Trask, enrolling clerk; W. G. Marcy, engross- ing clerk; G. W. Ten Broeck, sergt-at-arms; E. C. Dowdigan, door-keeper. The assembly consisted of F. A. Snyder (resigned in April and J. H. Saun- ders was elected in his place), J. M. Taylor, G. H. Blake, J. N. Cordozo, S. Flower, J. Sime, E. Heydenfeldt, of S. F .; J. H. Estep, J. W. Harrison, J. Neely Johnson, Robinson, Sac .; J. Conness, S. Garfield, A. Wing, S. A. Mc- Means, El Dorado; J. Brush, J. J. Hoff, J. M. Mandeville, W. Meredith, J. M. Wilson, Tuolumne; W. C. Martin, R. G. Reading, Trinity; P. Moore, J. H. Bostwick, J. T. Crenshaw, Nevada; A. B. Caldwell, Yolo; T. H. Owen, Solano; H. P. Halley, S. Knight, F. Yeiser, San Joaquin; C. S. Fairfax, J. H. Gardner, B. B. Redding, Yuba; S. Bell, Mariposa; T. T. Cabaniss, Shasta; P. Cannay, B. F. Myers, Placer; G. Carhart, Colusa; H. W. Carpentier, Contra Costa; J. M. Covarrubias, C. E. Huse, C. V. R. Lee, Sta Bárbara; M. P. Ewing, J. McKamy, Sonoma; J. Hunt, J. P. McFarland, Los Angeles; R. Irwin, C. C. Thomas, A. Wells, Butte; F. M. Kettredge, W. S. Letcher, Sta Cruz; C. A. Leake, W. A. Oliver, W. M. Rogers, Calaveras; A. G. Mc- Candless, Sutter; E. McGarry, Napa; G. McMahon, W. Van Dyke, Klamath; M. Pacheco, San Luis Obispo; W. G. Proctor, Siskiyou; A. C. Smith, Sta Clara; T. W. Tilghman, San Diego; B. R. Walker, Marin; I. T. Wall, Mon- terey, speaker of the assembly; B. McAlpin was chosen chief clerk; J. W. Scobey, asst clerk; A. G. Kimball, enrolling clerk; Wm Zabriskie, engross- ing clerk; G. W. Coffee, sergt-at-arms; John Warrington, door-keeper.

676

POLITICAL HISTORY.

new constitution which was to be made, leaving the state entirely in the hands of this mongrel party, made out of pro-slavery men and disaffected whigs.54

Another legislative iniquity which was very nearly perpetrated, and which was recommended by the gov- ernor in his message, was a project set on foot by George Wilkes and J. M. Estill, with a few others, to increase the water-lot property in San Francisco by extending the city front 600 feet into the bay, beyond the line established by law in 1851, and to which the grade of the city had been accommodated. The in- ducement offered to the governor to support the scheme was the proffer of one third of the property so created to the state, which it was estimated would bring $2,000,000, and go far toward redeeming the state's credit. But if the legislature had the power to make the addition, and to accept a third, why not take more, and cancel the whole of the state's indebtedness, or take all? That was a secret between the authors of the measure, and the governor and legislature.

The original beach and water lot property had not brought to the state treasury what it should have re- turned, having been sold under an attachment, by the city physician, Peter Smith, to secure the payment of a bill. The sale being generally regarded as invalid, the lots commanded only a trifling price, and the one fourth reverting to the state had been small accord- ingly. Considering the condition of the state's finances, the governor earnestly advocated the passage of the bill. To this the San Francisco delegation was as earnestly opposed, Snyder and Heydenfeldt resigning from the assembly in order to test the sentiment of their constituency. They were immediately reelected. The bill failed in the senate, after passing the house, the president, Purdy, giving the casting vote. From the circumstance that Broderick's most intimate per-

54 S. F. Alta, April 18, 1853; Hayes' Constit. Law, i. 40, 41, 49; Cal. Jour. . Sen., 1853, 633; Cal. Jour. Assem., 1855, 699.

677

NORTHERN DEMOCRACY.

sonal friend Wilkes, and the governor's strong sup- porter Estill, were connected with the extension bill, much feeling was created in San Francisco against both Broderick 55 and Bigler, and great the fear that should Bigler be reelected the next legislature would revive and pass the obnoxious bill. Broderick, how- ever, was not in pursuit of riches obtained by ruining the city of his adoption. Whatever his faults, no spoils clung to him, though he walked continually in the midst of those who lived by them. His aim was now the high one of the United States senate.56 To secure this it became necessary to attach to himself the whole of his party, or that wing of it which, in- cluding the Bigler following, was beginning to be known as the Broderick wing. The course which he pursued to that end will be presented in the following chapter.

55 Hittell, in Hist. S. F., 315, labors to bring evidence of Broderick's compli- city to bear upon this case. The circumstantial proof is strong; only one thing being against it, that if Broderick had been in favor of its passage, the bill would have passed. But Wilkes, its author, explains that such was Broderick's hostility to it that he, Wilkes, abandoned the cause and returned to New York, Broderick having shown him that on account of their intimacy he would be held responsible, and his prospects injured in the race for the U. S. senatorship. Wilkes' Affidavit, 1.

56 Wilkes says that it was expected in 1853 that Gwin would be taken into Pierce's cabinet, which apparent opportunity caused Broderick to ask him to canvass the legislature for votes in favor of Broderick, which he did. He does not give the results.

CHAPTER XXIV.

POLITICAL HISTORY.

1854-1859.

WARM AND WICKED ELECTION-ONE PARTY THE SAME AS ANOTHER, ONLY WORSE-SENATORIAL CONTEST-BRODERICK'S ELECTION BILL-BITTER FEUDS-A TWO-EDGED CONVENTION-BIGLER'S ADMINISTRATION-RISE AND FALL OF THE KNOWNOTHING PARTY-GWIN'S SALE OF PATRONAGE -BRODERICK IN CONGRESS-HE IS MISREPRESENTED AND MALIGNED- ANOTHER ELECTION - CHIVALRY AND SLAVERY-BRODERICK'S DEATH DETERMINED ON- THE DUEL-CHARACTER OF BRODERICK.

THE pro-slavery division of the democratic party in California, managed by the agents of Gwin, had achieved its successes in a skilful manner, with mys- terious grace and gentlemanly arts and accomplish- ments, and by that eternal vigilance which is the price of all great achievements on the field of politics. But when Fillmore went out and Pierce came in, the eagerness for spoils brought the chivalry and the northern democracy into collision, Gwin not having any patronage for men of the northern wing of his party, all the places and fat salaries going to his southern friends. Broderick did not care for these favors, but he did care that the course pursued by the chivalry forced him into alliance with a class of men whom he could not recognize socially, and compelled him to join hands with Governor Bigler for the pur- pose of strengthening the opposition to the southern faction.1

2 Broderick made use of McGowan and of Billy Mulligan, both shoulder- strikers. He once said to a friend: 'You respectable people I can't de- pend on. You won't go down and face the revolvers of those fellows; and I have to take such material as I can get hold of. They stuff ballot-boxes,

( 678)

679

MAGNIFICENT FRAUDS.

Edmund Randolph,2 Park A. Crittenden, and Tod Robinson, styling themselves leaders of a reform party, to catch the ear of the long-suffering people, desiring to defeat the reelection of Bigler, canvassed the state in 1853, assisted by E. D. Baker, whig, then a recent immigrant to California. Few rivalled Ran- dolph in eloquence; few surpassed Baker; but neither these nor the less impassioned whigs were strong enough to prevail against the Broderick-Bigler com- bination. As chairman of the state central commit- tee, Broderick issued an address to the people, in which he denounced as traitors the seceders, and as traitors they were treated.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of California, Volume VI, Part 76

Author: Bancroft, Hubert Howe Publication date: 1885-1890 Publisher: San Francisco, Calif. : The History Company, publishers Number of Pages: 816

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 816