History of San Joaquin County, California : with biographical sketches of leading men and women of the county who have been identified with its growth and development from the early days to the present, Part 26

Author: Tinkham, George H. (George Henry), b. 1849
Publication date: 1923
Publisher: Los Angeles, Calif. : Historic Record Co.
Number of Pages: 1660

USA > California > San Joaquin County > History of San Joaquin County, California : with biographical sketches of leading men and women of the county who have been identified with its growth and development from the early days to the present > Part 26

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Purdy Whips an Editor

The ex-mayor of Stockton, Samuel Purdy, was a very popular man, especially in the Southern mines, and long before the assem- bling of the Benicia Democratic convention, one of the mining camps held a picnic, and planting a tall flagpole, they threw to the breeze a large flag bearing the following words, "Samuel Purdy, the people's choice for governor." His leading political friends did not think it wise to place him in nomination for governor against John Bigler, who was elected as the party leader on the sixth ballot. Purdy was nominated for lieutenant-governor on the second ballot. Returning to Stockton, Purdy met one of his bitterest opponents in John S. Robb, the editor of the Whig organ, the Stockton Journal. Robb, as was custom- ary for party papers in that day, began attack- ing Purdy. He paid no attention to the Jour- nal's invectives until Robb began his abuse in such a manner "as to reflect upon him as a gentleman and injure him before the people of the state." Purdy then concluded to stop such work "by administering to the editor a sound flogging with a whip." Robb at all times carried a revolver, and Purdy, obtaining a good cowhide and a revolver to use. in case of necessity, began looking for Robb. His search continued throughout the day without success. That evening he met Robb and pro-

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ceeded to use his whip. Robb immediately drew his pistol, and Purdy in defense struck the editor over the head with his pistol, cutting a deep gash. Thus ended the scurrilous articles.

Party Hatred

War at all times causes intense party feeling and at this time it merged into party hatred between the , Whigs and Democrats living north or south of the Mason and Dixon line. This you remember was the compromise line established between the slave and free states. We will have occasion to refer to this line in the election campaign of 1857. The northern Whigs and Democrats opposed the Mexican war, and from this fact grew the hatred be- tween the Northerners and Southerners. The victory was won, principally, as was stated, by Southern soldiers. California became a part of the Union, and the southern wing of the Democratic party had the audacity to claim that they should have control of the govern- ment, because of their part in the war. In their convention they resolved to permit no Democrat to vote who opposed the war. This hatred is best expressed in a poem by F. A. Durivage in "A Soldier's Reply to a Whig," who asked Durivage to vote for him.

"Give you my vote? No, not to save This shattered body from the grave; Your perjured party I disclaim- Treason in doctrine, Whig in name. To those who would my reason know This it is-I fought in Mexico; While through our ranks swept grape and shell, And yielded none while hundreds fell, You gave the murderous foeman aid, Whetted every treacherous blade; Yes, to the cowards courage gave, Heaped curses on your country's brave, And now you change at once your note And ask a soldier for his vote."

Succeeding legislatures are continuously changing laws as to manner of voting time, etc. Under the election law of 1850, the county judge appointed the inspector and judges of election. If he failed to appoint any or all of the election board, bystanders could so appoint on the morning of the election. The polls throughout the state opened at 8 o'clock and closed at sunset. The board could take a one- hour recess any time before 3 o'clock. The precincts in San Joaquin County were eleven in number, namely, Stockton, French Camp. Cotton's Ferry on the Stanislaus River. Chal- mers' ranch, now Eight-Mile Corners. Oregon Tent, now Farmington, O'Neal's ranch, Sta- ples' Ferry, Benedict's Ferry on the Mokel- umne River, Elkhorn ranch, Guard's ranch and Dent & Vantine's on Knights Ferry. The sheriff's office was the plum desired by most nominees, there being seven candidates: Dr. R. P. Ashe, Richard W. Heath, John D. Taber, Dr. Samuel McLean, John E. Nuttman, Mc-

Kee Rainey and George Condon. All of the candidates for county offices ran independent of party. John Bigler was elected governor, Purdy's vote, however, running ahead of the ticket. Bigler's vote in the city was 602, in the county 801. His opponent's vote, P. B. Reading, in the city 588, in the county 802. In the vote for sheriff none of the candidates cut any figure except Dr. R. P. Ashe, 333 in. the city, 458 in the county, and George Condon 332 in the city and 451 in the county ; doctors and undertakers were then quite popular.

Convention of 1853

In the next election, 1853, politics began to warm up, notwithstanding the fact that the Whigs were making their last fight in state and nation. The death of their great leader, Henry Clay, the previous year was a serious blow. The Democrats assembled in the Meth- odist Church South, August 6 and passed a resolution thanking "Parson Kelley for his kindness in opening the church to the con- vention," taxed every cadidate five dollars and taking up a subscription of forty-five dollars, and gave it to the pastor. The chairman of the convention was Capt. P. E. Jordan, a lum- ber merchant, and the secretaries, Maj. John Stemmons, a rancher, and Dr. R. K. Reid, state asylum physician. The convention, in their platform, favored the granting of lands by the government to actual settlers; a com- plete system of public schools; a railroad from the Atlantic to the Pacific; opposed any change in the state constitution; special cor- porations; a land monopoly ; and reaffirmed the resolutions adopted by the state conven- tion of 1852.

John Bigler was again nominated for gov- ernor by the Democratic convention and Sam- uel Purdy was again his running mate. The campaign opened at Stockton August 25, the principal speaker being Governor Bigler. Can- non salutes were fired at intervals during the day. "The people left their harvest fields by the hundreds and came to Stockton to greet John Bigler. At seven o'clock there must have been 2,000 people upon the ground." The Governor delivered a three-hour address, ad- vocating the principles of the Democratic party and his reelection to office. He was fol- lowed by David S. Terry, who bluntly insulted the Governor during his speech by denouncing him for signing the so-called San Francisco water lot steal. The two leading Whigs of their party, Henry A. Crabb and Edmond Ran- dolph, then addressed the meeting, which closed at two o'clock in the morning. Edmond Randolph was one of the brightest young Southerners in the state or nation but very erratic and passionate. One of his Demo- cratic friends said, "Mr. Randolph is a man of character, great natural ability, and a well

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read scholar; at the same time he is possessed of a peculiar temperament, bitter in his per- sonal hostilities, and very apt to be carried away by ungovernable feelings." Another scribe said of him, "If Mr. Randolph could only subdue his bitter personal animosities, and his violent prejudices, and ever employ his eloquent tongue in favor of the Democratic party, he would become the idol of the people."

The election was held September 8 and the entire state and county went Democratic. Big- ler polled in the county 1,187 votes and Waldo 775, and Bigler in Stockton carried it by 1,295 to Waldo's 697. Nelson Taylor, the Demo- cratic nominee for sheriff, received 963 votes in the county and 595 in the city; A. F. Rudler, 694 in the county and 308 in the city, and George Condon, Independent, 822 in the county and 598 in the city.

George Kerr, State Printer

It was the custom for the first few years of state legislation for the legislators to elect the state printer, and it became a fat graft for the printer elected and his friends.

George Kerr, one of the proprietors of the San Joaquin Republican, was elected state printer by the legislature of 1852 and during the following two years all of the state print- ing was done in Stockton. George Kerr was a man of fine character, but like many others, he was his own worst enemy. He died at Stockton March March 5, 1854, crazed from liquor. A member of Charity Lodge No. 6, I. O. O. F., he was buried by that order. Five times only have state officers been residents of San Joaquin County, David Douglas was elected treasurer in 1850, Purdy, lieutenant- governor, George Kerr, state printer, D. J. Oullahan, state treasurer, and Governor James H. Budd.

American or Know Nothing Party

In 1855 the great Whig party, which had been in existence since 1840, and elected two Presidents, Harrison and Taylor, in California, was dead. It was superseded for a day by what was known as the American or Know Nothing party. Its meetings were held in secret, its members sworn to reveal none of its business transactions or the names of its mem- bers, to any outside party and to vote for no foreigner or Catholic for any government position.

When any person inquired about the order the reply was invariably, "I idon't know," hence the slur name given them by the Demo- crats, Know Nothings. Their slogan was, "Americans must rule America," and, says the historian Channing, "its opposition to the for- eign element became the basis of a political organization extending over many states." The party had shown unexpected strength in 10

1854, carrying several town elections, and many Whigs and Democrats joined the new party. It was a party particularly attractive to Californians, for we have already noted their hatred of foreigners, a hatred which later was extended to the Chinese, and now to the Japanese. The Know-Nothing party passed out of political life as quickly as it came into it because of their policy regarding the great impending question of slavery.

Campaign of 1855

This great and momentous question was sounded in the Democratic convention which assembled August 11, 1855, to elect delegates to the Democratic State convention and nom- inate county officers. The meeting was called to order by Samuel A. Booker, chairman of the county committee, and Maj. Thomas I,ane was elected chairman, A. C. Baine and Thomas A. Bours, vice-chairman, and John M. Scho- field and C. N. Powell, secretaries. After the committee on credentials had reported, Booker made a motion which was carried, that every member of the convention be pledged on his word of honor as to whether he be a member of "the party commonly called Know Noth- ing or any political party except the Demo- cratic party." They feared traitors in their ranks as well they mght, for many of their leading members had seceded.

In the afternoon they passed several resolu- tions, the most important of which was their resolution on the Kansas and Nebraska bill, a bill which did much to bring on the Civil War. It indicated the action of the South to rule or ruin. The bill in this day needs a brief expla- nation as the World War has overshadowed all previous National history. Soon after the admission of California as a state, emigrants from the North and from the South began flocking into the territories of Kansas and Nebraska. Southern men took their slaves with them for the purpose of forming slave governments. The Northern men bitterly op- posed their plan, for under an agreement be- tween the North and the South in 1820, under what was kown as the Missouri Compromise, all territory north of the Mason and Dixon line-36-30 north latitude-should be free soil. The slave owners refused to abide by this de- cision, and set up a slave-holding government. The Northern men organized a free govern- ment. Then there was a clash of arms and bloodshed. Now coming back to the San Joa- quin County Democratic convention, they co- incided with the South in the matter of state rights and resolved that "we will sustain the constitutional compromises made to secure and perpetuate the Union, including Kansas and Nebraska's construction of State's rights, which recognize and declare the exclusive power of each sovereign state to settle and de-

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termine for itself its own local institutions and government, without restraint or control. by any state or power, beyond the limits of her territorial jurisdiction. This resolution had no bearing on the state or county elec- tion but it foretold their position on the ques- tion of slavery.

"Resolved, That in our opinion the gallant Whigs who fought under the banner of the immortal Webster and Clay, can find no home or sympathy among the so-called American party alias Know Nothing party, and we cor- dially invite them into the ranks of a party who pledge themselves to the Constitution, guaranteeing religious freedom and the integ- rity of all those principles which have to this time secured all of the blessings of our Gov- ernment."

Terry Deserts His Party

So many in number were the Democrats that joined the new party the Democratic press saw party defeat in sight and they tauntingly declared, "While the Americans excluded from their councils the native and naturalized Catholic, yet they allowed the buck niggers of the Empire State to organize Know Nothing lodges and to aspire to the equality of white members of the great Amer- ican party." The editors were particularly severe on David S. Terry, who had deserted the standard of Democracy to get office. They gave him several columns of space at different times, and the Republican said of him : "D. S. Terry, Esq., certainly deserves a nomination from his coworkers for his indefatigable ef- forts to save the country by throwing off and discarding what little democracy he ever pos- sessed and giving his body and soul to the new order. We will not say that a desire for office has actuated him in the least, but if he can get it he will receive his reward."

The election day, September 5, was the most exciting of any election up to that time. For the first time in the history of the town the day was enlivened by a brass band en- gaged by the American party, playing pat- riotic airs at the election polls. Wagons were engaged in drumming up voters and tak- ing them to the polling place, each carriage or wagon having big posters with the words, "Genuine Democratic Party. Americans shall rule America." The entire state and county Know Nothing ticket was elected and the Democratic press consoled itself by saying : "It is reported and generally believed that there was an election on Wednesday. It is true there were a great many people and a great deal of noise and confusion. But after all, what does it amount to?"

It was a novel election; men who had been strong Democrats and who later were violent Secessionists were elected to office, to-

gether with Northern men, enthusiastic Whigs and later strong union men. J. Neeley John- son carried the county 1,447 and the city 722. Bigler receiving only 1,026 in the county, and 433 in the city. George Webster, K. N., was elected sheriff over the Democrat, Andrew Lester, 1,253 to 1,091, while his brother, John Webster, Democrat, was defeated for treas- urer by Dr. George A. Shurtleff, 1.362 to 1,002. Otis Bridges, a seceding Democrat, was elected prosecuting attorney over A. C. Baine, 1,220 to 1,100. David S. Terry, going into the American convention, was nominated for judge of the Supreme Court, and elected over his opponent, Charles H. Bryan, and al- though Terry was in the political spotlight for nearly thirty years, and a resident of Stockton during all that time, never again was he elected to office, although in 1878 he joined the Workmen's party with that object in view. For the first time the prohibition question came up in this state, and upon the ballot there was the proposition, "For a Prohibition law the county vote was 442 yes, 1,041 no. In the city the vote stood 181 yes and 484 no. As it is today a live question let us look at the ward vote; First Ward, 75 yes, 106 no; Second Ward, 117 yes, 243 no; Third Ward, 124 yes, 117 no. .

Henry A. Crabb

With the passing of the Whig party, there passed out of life a few months later by a tragic death, Henry A. Crabb. A Mississip- pian by birth, he came to Stockton ín 1849 and was Stockton's first city attorney. He was a law partner of D. S. Terry, the editor of the Whig newspaper, the Stockton Argus, and the leader of the Whig party. A man of high honor, he was so universally respected that even his political enemies said of him, "Crabb is a man of his word. What he says may be relied upon whether it be for or against you." He was not only a man of honor but he would fight in defense of that honor. This fact was shown in his difficulty with Senator Whitney, in the legislature of 1853 at Benicia. A bill was under consideration relating to school lands, and Whitney, doubting Crabb's opinion in the matter, made the remark, "I have always regarded the Senator from San Joa- quin as a gentleman and I am sorry to see him pursuing such a course." Crabb immediately jumped to his feet and exclaimed, "Do you mean to say I am not a gentleman?" Whitney replied, "I mean to say that your conduct to- day belies your .general character." Crabb, greatly angered rushed to Whitney's side and struck him several blows, forcing him across the desk. Senators quickly grasped the in- furiated Southerner and prevented any more fighting. Bitter language followed between the two men, and a motion to adjourn was

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quickly carried. Crabb then made a proposi- tion to settle the difficulty at once. "But I have no weapons," said Whitney. "I have two and you may take your choice" was the quick reply. In the meantime the Assembly had adjourned and the legislative hall was crowd- ed with excited legislators. Friends finally succeeded in quieting Crabb and the matter ended without further trouble.

Crabb aspired to a seat in the United States Senate and he believed he had good prospects of winning the fight after the defeat of the Democratic party. But Broderick, the great- est manipulator of politics in State history, blocked Crabb's chance by having the election postponed another year. This, said his friends, broke Crabb's heart, and ready for any rash proposal he listened to his wife's proposition to raise an army, and march to Mexico and assist her father in overthrowing the tyranni- cal Governor Gandara. Crabb in 1853, then a young man of twenty six years of age, had married Filomena, one of the pretty daughters of the Spaniard, M. Ainsa, then a merchant of Stockton. Ainsa at this time, 1857, was an officer in the revolutionary army, and Crabb raising an army of 100 men marched overland from Los Angeles to assist his father-in-law. In the fight at Caborca Crabb and his men were trapped and compelled to surrender. The company marched out expecting fair treat- ment as prisoners of war. Instead their hands were tied behind their backs and they were marched to a corral, and there guarded like a band of cattle. The following morning the brave little army were taken out in groups of five and ten and shot to death. For Crabb a worse fate was reserved. Permitted to write a letter to his wife, he was then fastened to a post with his hands stretched above his head. A company of riflemen was then placed in front of him and at the word a hundred bul- lets pierced his body. A Mexican then stepped forth and with a long knife severed the head from the body "the warm blood spurting half way across the street." The head was then placed upon a table and after being subjected to the insults of the mob, it was preserved in mescal as a warning to all future filibusters.

Judge Wier, the Filibuster

Another Southerner who went on a filibus- tering expedition was Judge B. G. Wier, as- semblyman from San Joaquin County in 1852. Wm. Walker, the so-called "grey-eyed man of destiny," got the idea into his head that he could organize an army, march to Nicaragua, take possession of the country and set up a Pacific Republic. He organized his army and invaded Nicaragua by land and by sea. The expedition was a complete failure and his army was scattered in every direction. One

of his followers was Judge Wier. The Judge, as I remember him, was one of those easy- going Missourians who was contented with a mere living and the easiest way of obtaining it. He was a politician and social with all classes, floated into office, having been elected justice of the peace several times, and twice a court judge. By what hypnotic influence Walker aroused the latent energies of the Judge I know not, but he joined the expedi- tion. One morning my father, who kept a meat market, was surprised to see a strange man, to all appearances, walk into the shop. His clothing was in rags, his boots were worn out, his stockingless toes showing through the leather, he was without a hat and his hair and whiskers looked as if he had not seen a hair cut or shave for many months. Making himself known to my father he exclaimed, "For God's sake, Tinkham, lend me fifty dol- lars, I can't go home looking this way.". Re- counting the terrible experience through which he had passed, he said, "No more Nica- ragua for me." The Judge was a strong pro- slavery and State's right man, and during the Civil War he drifted into Stanislaus County to grow up with the country, and holding sev- eral minor offices, in 1875 was elected county recorder and auditor.

Fugitive Slave Law

In the days of the gold rush many Southern men brought slaves to California, intending to work them in the mines digging gold. The anti-slave men, however, were continually informing the negroes that they were free men, and urged them to run away from their masters. There was no law permitting the slaveowners to hold or capture their slaves. To remedy this matter, Henry A. Crabb, in- troduced his famous slave law which was passed by the legislature and signed by Gov- ernor Bigler. This law authorized any owner of a slave who had escaped to procure a war- rant for his arrest, and any city or county offi- cer was compelled to arrest the party. When brought before the justice court, if the slave- owner proved his claim, he could take the negro or negress from the state, in chains if necessary. It was easy for the slaveowner to prove his claim when the judges were all pro- slavery men. And to make it still easier Crabb introduced .a bill, which became a law, that prohibited a negro or an Indian from testify- ing against a white man in any case whatso- ever. In proof of the statement at the begin- ning of the chapter that the slavery men ruled the state, although California was sup- posed to be free, we cite two or three cases. In May, 1852, a case of this kind came before Justice of the Peace Fry of Sacramento. A negro was arrested and a Mr. Lathrop claimed

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that he brought the negro to California in 1849, and that he and three other negroes ran away a few months previous to his arrest. The case was carried to the Supreme Court and they decreed that the slaves be given im- mediately to their owner.

In another case, the San Francisco Herald of September 25, 1852, said, "Justice Shep- herd yesterday issued a warrant for the arrest of a mulatto woman who was claimed as a fugitive from labor by T. T. Smith, of Jackson County, Mo., her owner having learned that she was secreted on the clipper ship Flying Cloud. She was brought to the country, to- gether with other slaves, in 1850 and remained with the family until a few months ago, since when she married a free negro and escaped. Her owner heard of her arrival here and came down in search. She was arrested and brought before Justice Shepherd by whom, on satisfac- tory proof of title, she was remanded to the custody of Mr. Smith to be conveyed to the state of Missouri." The same newspaper in referring to this law said in June, 1852, "We regret any attention to disturb this law as very senseless and mischievous. The question to be ascertained is, whether the negro belongs to the claimant; if he does he should be re- manded to his custody without the tedious and unnecessary delay of nearly three weeks." And the San Joaquin Republican declared "we endorse every word."

Crabb's Fugitive Slave law and and Negro Evidence law remained in force and on the statute books until 1861. They were then repealed by a Republican legislature. Regard- ing the Evidence law, said the newspaper cor- respondent in March, 1852, "The Assembly was lashed into a state of frenzied excitement on Saturday by the presentation of a petition from the free negroes of San Francisco asking that they might be permitted to give testi- mony in courts of justice upon the same foot- ing as white men." One assemblyman said, "Burn the petition," and another excited mem- ber shouted, "Throw it out of the window." The Whig members advocated the granting of the request. "An angry and exciting debate followed and the memorial was finally re- jected."

The slavery advocates considered the negro an inferior person and subservient to the white man. This fact was clearly brought out by the decision of the Stockton judge, A. C. Baine, in a case where a white person was arrested for assaulting a negro. The defense of the man was that the negro had insulted him. This was the judge's opinion, "The negro's position I hold to be this; he is in a sort of a state of wardship or pupilage, rela- tively towards the white man, and neither his social nor legal position is on an equal with

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History of San Joaquin County, California : with biographical sketches of leading men and women of the county who have been identified with its growth and development from the early days to the present, Part 26

Author: Tinkham, George H. (George Henry), b. 1849 Publication date: 1923 Publisher: Los Angeles, Calif. : Historic Record Co. Number of Pages: 1660

Author: Tinkham, George H. (George Henry), b. 1849
Publication date: 1923
Publisher: Los Angeles, Calif. : Historic Record Co.
Number of Pages: 1660