History of Sacramento County, California, with biographical sketches of the leading men and women of the county who have been identified with its growth and development from the early days to the present, 1913, Part 11

Author: Willis, William Ladd
Publication date: 1913
Publisher: Los Angeles, Cal., Historic record company
Number of Pages: 1098

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The time had arrived when a new party was to spring up and enter the field of politics and later to attain a dominating influence in the state. The first mass meeting of Republicans in California was held in Sacramento, April 19, 1856. E. B. Crocker was the leader of the new party in Sacramento county, and opened the meeting with an address that was listened to attentively. George C. Bates was introduced and attempted to make a speech, but so much noise and confusion ensned in a disturbance raised by Democrats and Americans that his voice could not be heard. Henry S. Foote, who had been governor of Mississippi, begged the turbulent crowd to desist from disturbing the meeting and allow it to proceed, but no attention was paid to his protest. When the Republican speakers again attempted to proceed, the crowd made a rush for the stand, overturned it and broke the meeting up.

April 30, 1856, the first state convention of the Republicans was held in the Congregational Church in this city. E. B. Crocker pre- sided as temporary chairman. Only thirteen connties were represented in the convention and of the one hundred and twenty-five delegates composing it, sixty-five were from Sacramento and San Francisco. Resolutions were adopted opposing the further extension of slave ter- ritory and of slave power; welcoming honest and industrions im- migrants; deprecating all attempts to prejudice immigrants against our free institutions; favoring the speedy construction of a trans- continental railroad by aid from congress; favoring the speedy set-

HISTORY OF SACRAMENTO COUNTY

tlement of land titles in this state; and the election of only bona fide permanent settlers to office.

A public discussion was announced to take place early in May in Sacramento, between George C. Bates, Republican, and J. C. Za- briskie, Democrat, but when the time appointed arrived, no location could be procured, on account of the anticipated disturbance. The meeting was therefore postponed until the evening of the 10th of that month, and when the time arrived the disturbance commenced. Rotten eggs were thrown and firecrackers were exploded to create a turmoil, but the police made several arrests and restored order. Outsiders took possession of the stand after the meeting closed and a resolution was adopted declaring "that the people of this city have been outraged by the discussion of treasonable doctrines by a public felon; and that we will not submit to such an outrage in the future."

Looking back at this day one naturally wonders that such intoler- ance should be shown in a free state, but "history repeats itself," and there are many similar instances of narrow-mindedness and in- tolerance in the world's history, not only in political, but in religious, scientific and other matters. But for the evolution of new ideas and doctrines there would be no progress in the world, and today it would be hard to find one to contradict Galileo's murmured protest. "but it does move." The doctrines advocated in 1856 have long ago worked out their own solution, through much bloodshed and de- vastation and the whole fair domain of our great republic acknowledge that the destruction of slavery was a blessing to our country.

A few days after the meeting the Sacramento Tribune (Amer- ican), referring to the meeting, said: "The fact that a public dis- cussion was permitted to take place in a public street in the heart of our city, in the presence of a large concourse of our citizens, almost all of whom disapprove the doctrine advocated by the speaker, and this too, when it is the firm conviction of a large majority of the persons assembled that the agitation of the slavery question as the basis of political organization is against the true interest of the state and nation, speaks volumes in favor of the public morals of Sacramento." The extract indicates the bitterness of feeling that had already begun to grow up against the agitation for the abolition of slavery, or its restriction to limits where it already existed.

THE SPITTOON CONVENTION

A remarkable political clash took place July 25, 1865, at a county convention held in Sacramento. Through dissention in the Union party two factions had arisen. Governor Frederick F. Low was a candidate for the United States senatorship, and was the choice of one wing of the party, but there was strong opposition to his nomina- tion. The Low and anti-Low delegates in the convention were about equal in numbers and the convention met in the Assembly Chamber

HISTORY OF SACRAMENTO COUNTY

of what was then the State Capitol, afterwards, and until lately de- molished, the Sacramento county courthouse. The desks which or- dinarily occupied the chamber had been removed, and replaced by chairs to accommodate the convention of one hundred and six dele- gates who were expected to be present. It was a noticeable fact, that almost without exception the Low delegates, dubbed the short-hairs, occupied the seats on the speaker's right hand, while the anti-Lows, known as the long-hairs, occupied the seats on his left.

As soon as the convention had been called to order, two per- sons were nominated for temporary secretary, and voted for. The chairman of the county central committee announced that W. H. Barton, the long-hair candidate, had been elected to the position by a viva-voce vote. At once the convention was a scene of confusion, and the Low delegates insisted on a count of the vote. As Barton advanced from the left toward the secretary's table, the delegates from the right made a rush to the left side of the chamber.

So sudden was the outbreak that it is hard to describe the ter- rible scene that followed and that has never before or since been wit- nessed in any political convention in this state. Barton was inter- cepted by his opponents before he could reach the secretary's table and was told that he should not serve in that position. The dele- gates on the long-hair side of the house hastened to his support, while the Low men presented a solid front to bar his way to the desk, and instantly the battle was on, the opposing wings joining in a hand to hand conflict. Weapons for the combatants appeared as if by magic, and solid hickory canes, which appeared to be abundant on both sides, were vigorously used. It was a reproduction of Don- nybrook fair and the battle waged hot and furious. Spittoons were numerous and flew through the air like bombshells. Inkstands sup- plied the place of cannon balls and the artillery was in full action. Pistols were drawn and used freely as clubs, but no firearms were discharged or knives used. The principal weapons of warfare in use on both sides were the chairs, which had not been furnished with the idea of their being applied to the heads of the delegates, and which were not very well adapted for that purpose, but were swung in the air by vigorous arms and used with telling effect, being broken over the heads of the contending parties. In many instances they were broken up in order that the legs might be used as clubs. No Homer has as yet sung the doughty deeds performed on that occasion, and the names of the heroes have passed into oblivion. The battle, while furious, did not last over about five minutes, and when the artillery fire had ceased, the long-hairs, who had rallied to Barton's support, had abandoned the field. Some had jumped through the windows, and others, who had been badly hurt, were assisted from the scene. The greater number had passed out into the ante-room and the main hall,

HISTORY OF SACRAMENTO COUNTY

leaving the scene of conflict. Thus ended this episode of what has passed into history as the "Spittoon Convention."

The long-hairs retired in a body after the battle was over, and organized in another hall, while the short-hairs, as victors, occupied the battle-field and proceeded with business. Each convention nom- inated a full local ticket and elected a set of delegates to the state con- vention. The long-hairs nominated Newton Booth for state senator, while E. H. Heaton was the nominee of the short-hairs. The shorts claimed that the trouble in the convention was caused by a partial ruling by the chairman of the committee in favor of Barton, and by the determination of the long-hairs to run the convention, regardless of the rights or wishes of their opponents. The short-hair convention instructed its nominees for the legislature to vote for Low for United States senator, but he afterwards declined. The breach in the party was not healed by his withdrawal, however, and the opposition lasted until August, when the short-hairs gradually transferred their sup- port to John R. Felton for United States senator. When the state convention met, however, Cornelins Cole was elected, December 16, as the agreed candidate of both wings.

Ex-Governor H. S. Foote, referred to in relation to the first Re- publican meeting, was well-known on this coast. Born in Virginia in 1800, he graduated at Washington College in 1819, commenced the practice of law in 1822, edited a Democratic paper in Alabama, 1824-32, and resided in Mississippi for a number of years, being elected by the legislature of that state to the United States senate. He resigned his senatorship and was elected governor of the state in 1852. In 1854 he came to California and joined the Native American party and was its candidate for United States senator in 1856, being defeated by David C. Broderick. He returned to Mississippi in 1858 and took an active part in politics. He represented Tennessee in the Confederate con- gress. During his life he was engaged in three dnels and was wounded in two of them. One of his daughters became the wife of Senator W. M. Stewart, and the other two married and reside in California, while his two sons became practicing lawyers on the Pacific coast. Mr. Foote possessed considerable ability as a writer. In 1866 he published "The War of the Rebellion," and "Scylla and Charybdis." In 1871 he puh- lished a volume of reminiscences and was also the author of "Texas and the Texans," published in 1847. He died near Nashville, at his residence, May 20, 1880.

HISTORY OF SACRAMENTO COUNTY

CHAPTER XIII

COUNTY GOVERNMENT

Sacramento county was formally organized in 1850, when the legis- lature passed "An act subdividing the state into counties and estab- lishing the seats of justice therein," February 18, 1850. Section 17 of that act defined the boundaries of Sacramento county as follows: "Beginning at a point ten miles due north of the mouth of the Ameri- can river, and running thence in an easterly direction to the junction of the north and south forks of said river; thence up the middle of the principal channel of the south fork to a point one mile above the head of Mormon island, so as to include said island in Sacramento county; thence in a southerly direction to a point on the Cosumnes river eight miles above the house of William Daylor; thence due south to Dry creek; thence down the middle of said creek to its entrance into the Moquelumne river, or into a large slough in the tule marsh; thence down the middle of said slough to its junction with the San Joaquin river; thence down the middle of said river to the mouth of the Sacramento river, at the head of Suisun bay; thence up the mid- dle of the Sacramento river to the mouth of Merritt's slough; thence up the middle of said slough to its head; thence up the middle of the Sacramento river to a point due west of the place of beginning, and then east to the place of beginning. The seat of justice shall be Sacra- mento City."

In the "History of Sacramento," published in 1853 by Dr. John I. Morse, who was the earliest historian of the embryo city and county, he alludes to what was probably the first election held in what was then known as Sacramento District, as follows: "In the fall of 1848, an election was held at the fort (Sutter's) for first and second alcaldes, and resulted in the selection of Frank Bates and John S. Fowler. Fowler resigned in the spring following, and H. A. Schoolcraft was elected to fill the vacancy. In the spring of 1849, Brannan, Snyder, Slater, Hensley, King, Cheever, McCarver, MeDougal, Barton Lee, Dr. Carpenter, Southard, and Fowler were elected a board of com- missioners to frame a code of laws for the district. Pursuant to the wish of this legislating committee, the people convened under a broad- spreading oak at the foot of I street. The report, which was then of ficially submitted and which was duly accepted by the sovereigns as- sembled, provided the following offices of a jurisdiction extending from the Coast Range to the Sierra Nevada, and throughout the length of the Sacramento Valley, to wit :- One alcalde and one sheriff. H. A. Schoolcraft was then elected alcalde, and A. M. Turner, sheriff. This · constituted the judiciary of Northern California up to the time that those changes took place in very rapid succession after the immigration of 1849 began to concentrate at Sacramento."

HISTORY OF SACRAMENTO COUNTY

In 1871 a history of Sacramento was published in Crocker's direc- tory, which was written by D. J. Thomas, and alludes in part to the same event, but as will be seen, the list of the legislative committee differs somewhat, and as to which is correct, there is no means of de- ciding. Mr. Thomas says:

"The first attempt to establish a civil government under American ideas of government was made on April 30, 1849, when a mass meeting of the then residents of Sacramento City and other portions of Sacra- mento district was held at the Embarcadero to devise a means for the government of the city and district. At this meeting Henry A. School- craft presided, Peter Slater was vice-president and James King of William and E. J. Brooks secretaries. Samuel Brannan explained the object of the meeting, and it was resolved that a legislature of eleven members should be elected, with full powers to enact laws for the government of the city and district. It was also determined to hold the election forthwith, and Henry Bates, M. D., M. F. McClellan, Mark Stewart, Ed. H. Von Pfister and Eugene I. Gillespie were appointed judges. The vote resulted in the election of John McDougal, Peter Slater, Barton Lee, John S. Fowler, J. S. Robb, William Pettit, Wm. M. Carpenter, M. D., Charles D. Southard, M. M. MeCarver, James King of William and Samuel Brannan, but upon the announcement of the result, Robb declined to accept, and Henry Cheever was chosen. The eleven were immediately sworn in, and some time afterward adopt- ed a code that no laws were wanted, and that all the officers necessary for the district of Sacramento, bounded on the north and west by the Sacramento river, on the east by the Sierra Nevadas, and on the south by the Cosumnes river, were one alcalde and one sheriff. They then submitted the code to the people for adoption or rejection, and asked them at the same time to vote for officers. The code was adopted.

"Nothing further toward adopting a local government was at- tempted until after the proclamation by General Riley (the military governor) was issued at Monterey on June 3rd. In fact, nothing seemed necessary, if theft was by common consent punished, as the Times says, 'by giving the offender thirty or forty rawhide lashes, and then ordering him off, not to return under penalty of death.' "

The proclamation of General Riley called for an election to be held August 1, 1849, to elect delegates to a general convention and for filling necessary offices. A meeting was held on July 5th, and a committee was appointed to organize the district into precincts, ap- portion the representation, and nominate the candidates to be voted for. The committee consisted of R. B. Cornwall, C. E. Pickett, Will- iam M. Carpenter, Samuel Brannan, John McDougal, W. Blackburn, J. S. Robb, Samuel J. Hensley, Mark Stewart, M. M. McCarver, John S. Fowler and A. M. Winn.

On the 14th the committee reported, recommending the places for

HISTORY OF SACRAMENTO COUNTY

polls, etc. At the election the vote stood: For delegates to the con- stitutional convention: Jacob R. Snyder, 469; John A. Sntter, 468; John Bidwell, 462; W. E. Shannon, 458; L. W. Hastings, 450; W. S. Sherwood, 446; M. M. MeCarver, 296; John S. Fowler, 289; John Mc- Dougal, 281; Charles E. Pickett, 193; W. Blackburn, 192; E. O. Crosby, 189; R. M. Jones, 179; W. Lacey, 123; James Queen, 130.

For local offices: William Stout, Henry E. Robinson, R. B. Corn- wall, Eugene I. Gillispie, T. L. Chapman, Berryman Jennings, John P. Rodgers, A. M. Winn, and M. F. MeClellan were elected as mem- bers of the city council without opposition, by an average vote of 424. James S. Thomas was elected first magistrate by three hundred ninety- three votes, against twenty-two for S. S. White and five for J. S. Fowler. J. C. Zabriskie was elected second magistrate; H. A. School- craft, recorder, and D. B. Hanner, sheriff.

Under the call for the constitutional convention the district was entitled to but four delegates, and J. R. Snyder, W. E. Shannon, W. S. Sherwood and John A. Sutter were certified by General Riley as elected representatives. Afterwards the representation was increased to fifteen, and in addition to the original four, eleven others were ap- pointed, as follows: L. W. Hastings, John Bidwell, John S. Fowler, M. M. McCarver, John McDougal, E. O. Crosby, W. Blackburn, James Queen, R. M. Jones, W. Lacey and C. E. Pickett.

The convention adjourned in October and an election was called for November 12, 1849, to vote on the constitution, for state officers, and for representatives in the legislature. At that election the vote of Sacramento district was declared to be as follows: For the Con- stitution, 4317; against the Constitution, 643; for Governor, P. H. Burnett, 2409; J. A. Sutter, 856; W. S. Sherwood, 1929; Thomas Me- Dowell, 87; William M. Stewart, 448.

For State Senators: John Bidwell, 3474; Elisha O. Crosby, 2610; Thomas J. Green, 2516; Henry E. Robinson, 2328; Murray Morrison, 2171; Gilbert A. Grant, 1687; Hardin Biglow, 1407; Charles E. Pickett, 905. The first four were declared elected and at the ensuing session the county boundaries were fixed.

The first Monday of October was fixed in the first election law as the day for electing state officers and was denominated the general election. The first Monday in April was designated as the day for the election of county officers and was called the county election. The legislature of 1851 repealed the clause fixing the time for the county election and provided that it should he held at the same time as the state election, and the time for that election was changed to the first Wednesday in September, where it remained for a number of years. Originally, the terms of the county officers commenced on the first Monday in May, 1850, but the legislature of 1851 changed it so that the term commenced on the first Monday in October following the elec-

HISTORY OF SACRAMENTO COUNTY

tion. The legislature in 1863 changed it again so that the official terms commenced on the first Monday in March following the election. The new constitution, adopted in 1879, fixed the time for all state and county officers commencing their terms of office on the first Monday in January.

The first county officers, elected April 1, 1850, to serve until April, 1852, were as follows: County judge, E. J. Willis; sheriff, Joseph McKinney; clerk, Presley Dunlap; recorder, L. A. Birdsall; district attorney, William C. Wallace; county attorney, John H. McKune; treasurer, William Glaskin; assessor, David W. Thorpe; surveyor, J. G. Cleal; coroner, P. F. Ewer; J. S. Thomas was elected district judge by the legislature of 1849-50, and he resigned, January 1, 1851. Tod Robinson was appointed January 2, 1851, and served until the first part of August, when Ferris Forman, who was secretary of state dur- ing the administration of John B. Weller, succeeded him on the 14th of August, and presided one month. Lewis Aldrich became district judge September 15, 1851. Joseph Mckinney, sheriff, was killed near Brighton, on the evening of August 15, 1850, the day after the Squat- ter riot, and Ben McCulloch was elected at a special election to fill the vacancy, on the first Monday in September. The office of county attorney was abolished by the legislature of 1851, the duties of the office being assigned to the district attorney. Wallace resigned in the meantime, and was succeeded October 18, 1850, by Milton S. Latham, afterward governor. William Glaskin resigned the office of treasurer, August 22, 1850, and John W. Peyton was appointed to fill the vacancy. He in turn resigned November 29, 1850, and Charles H. Swift was ap- pointed treasurer and collector by the court of sessions, of which he was a member.

The court of sessions was composed of the county judge and two associates and was the court of criminal jurisdiction. The associates were elected by a convention of justices of the peace, held the first Monday in October of each year, except the first convention, which was held May 20, 1850, when Charles F. Swift and C. C. Sackett were elected associates. This court filled vacancies in office in the county and at- tended to the financial affairs of the county in early times. When Swift was appointed treasurer he was succeeded by James Brown as an associate, who assumed his duties February 7, 1851, and was suc- ceeded August 14 by D. D. Bullock.

County officers to serve from October, 1851, to October 5, 1853, were elected September 3, 1851, as follows: County judge, F. J. Willis; sheriff, A. D. Patterson; clerk, L. B. Harris; recorder and anditor, W. S. Long; district attorney, George H. Carter; treasurer, Cyrus Rowe; assessor, W. A. Selkirk; surveyor, John G. Cleal; coroner. S. J. May; public administrator, John T. Brown; associate justices, George Wilson and James B. Gates.

HISTORY OF SACRAMENTO COUNTY

A board of supervisors in the several counties to transact the financial business in their counties was provided for by the legis- lature of 1852, and a special election was held on June 14 of that year. John Noyes, Lonis Z. Hagen, James S. Meredith, James Mar- tin, and E. M. Pitcher were elected, Meredith being elected chairman when the board was organized. At the general election held Septem- ber, 1852, the following were elected: William MeNulty, Inther Cur- tis, John A. Watson, H. H. Lewis and H. B. Waddilove. Watson was elected chairman and the board conducted the county business until May 16, 1853. After that time the court of sessions assumed control of the civil business of the county.

At the election September 7, 1853, the following county officers were elected, and served until October, 1855: County judge, John Heard; sheriff, D. N. Hunt; clerk, Abner C. Hunter; recorder and auditor, John L. Craig; district attorney, James II. Hardy; treas- urer, J. Griswold; assessor, H. J. Bidleman; surveyor, W. L. De- Witt; coroner, Ephraim Smith; public administrator, James B. Mitchell.

The legislature passed another act in 1855, relative to boards of supervisors, and as the supreme court had decided that it was con- templated by the constitution that the business interests of the vari- ous counties should be managed by the boards, the court of sessions was not eligible to act, and the connties again elected boards of super- visors. The first election under this act was held April 2, with the result that J. L. Howard, L. P. Ormsby and F. S. Munford constituted the board, which commenced its sessions early in May. In September, 1855, L. R. Bickley, Josiah Johnson and S. R. Caldwell were elected to the board and Johnson was chosen chairman.

September 5, 1855, county officers were elected as follows, serv- ing from October, 1855, to October 1, 1857: County judge, John Heard; sheriff, W. S. White; clerk, C. H. Bradford; recorder and auditor, John L. Brown; district attorney, Frank Hereford; treas- urer, David Maddux; coroner, R. Bell; publie administrator, Gordon Backus; superintendent of common schools, F. W. Hatch (the first school superintendent elected by the people). Up to the time Mr. Hatch assumed the office its duties were performed by the county as- sessor; the board of 1856 was composed of L. R. Beckley, A. Spinks and Julius Wetzlar, and Beckley was chairman. In 1857 the mem- bers of the board were Jared Irwin, C. C. Harrington and Frank Hast- ings, the latter being chairman.

September 2, 1857, the county officers elected were: County judge, R. Robinson; sheriff, W. S. Manlove; clerk, J. B. Dayton; recorder and auditor, Jerome Madden; district attorney, Robert F. Morrison; treasurer, Morgan Miller; assessor, E. Black Ryan; surveyor, John G. Cleal; coroner, J. P. Connts; public administrator, L. R. Beckley ;

HISTORY OF SACRAMENTO COUNTY

school superintendent, N. Slater. The legislature of 1858 passed a law consolidating the government of the city and county and increased the board of supervisors five members, making the president of the board a separate office. A special election was held in April, at which H. L. Nichols was elected president and Mark Hopkins, J. A. Carroll, S. C. Fogus, E. Stockton and W. K. Lindsay the new members. These, with the old members, met May 8, 1858. In September, 1858, a board was elected, consisting of the following: E. Granger, John Leavitt, Sylvester Marshall, H. T. Holmes, I. N. Babcock, John B. Taylor, L. C. Goodman and W. K. Lindsay, and the president was continued another year. August 4, 1859, B. H. Hereford was elected in place of Lindsay, resigned.

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History of Sacramento County, California, with biographical sketches of the leading men and women of the county who have been identified with its growth and development from the early days to the present, 1913, Part 11

Author: Willis, William Ladd Publication date: 1913 Publisher: Los Angeles, Cal., Historic record company Number of Pages: 1098

Author: Willis, William Ladd
Publication date: 1913
Publisher: Los Angeles, Cal., Historic record company
Number of Pages: 1098