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 27

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

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the white race. His duties hence are inviola- ble deference and marked and perfect respect and constant politeness towards the other race. And if he shall become insolent or impertinent I will leave him in the position he has so falsely placed himself ... and he will ... not expect me to inquire into the exact judicious- ness of any chastisement he may receive, un- less that chastisement were wholly unreason- able and outrageous and not a manly deter- mination to vindicate the name and morals of society."

Another attorney of Baine's opinion regard- ing the constant respect and marked polite- ness of the colored man, was Samuel A. Booker. One day a darkey approached the judge while on the street, and neglected to take off his hat, Booker threateningly raising the heavy cane which he always carried ex- claimed angrily, "Take off your hat, sir, take off your hat. Don't you know you are in the presence of a Southern gentleman?" The negro quickly doffed his hat, and from that time on until after the Civil War the colored gentlemen always took off their hats when Judge Booker drew near.

There are many events in Stockton's history that read like fiction to the generation of to- day, but here is an event, the sale of a slave, that was told to me by. James Kidd, alive today at the age of eighty-four years. Mr. Kidd was a native of South Carolina, opposed to slavery and lived on the opposite side of the river to the Bates plantation in Georgia. Bates came to California in 1850, bringing with him a negro slave called Charley. He promised that if Charley would remain and work two years for him, he would give him his liberty. The foxy slaveholder said to his faithful slave just before the two years had expired, "Char- ley, wouldn't you like to go back to old South Carolina and see your wife? We will go home and then you can come back." The negro was delighted and willingly accompanied his mas- ter on board the steamer for Panama. Once more in South Carolina, a slave state, never again would Charley have seen California. On arrival at Panama, Charley fortunately met several free negroes, who told him that he was not a slave and persuaded him to run away and hide from his master. Charley not showing up, Bates went on without him, for the town was very unhealthy and not a very desirable place for travelers.

Charley went to work and made consider- able money. One day he was greatly sur- prised to meet James Kidd, who was then on his way to Stockton. "Why, hello, Charley, what are you doing here?" Charley told him the story, and Mr. Kidd invited him to come to Stockton with him. In the town Charley went to work, was saving and laid up about $200

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in gold. One day he was walking the street and met a Mr. Clay, a friend of Bates. Char- ley was glad to see a man from his old home, little realizing the trap that was to be sprung. Clay was very glad to meet the slave for Bates owed him $700, and he had told Clay that if he found his "nigger Charley" he could have him for the debt. Here's where the Crabb Fu- gitive Slave law came in. Clay went before Judge Baine and swore out a warrant for the arrest of Charley as a fugitive slave. The ar- rest was made and Charley's friends were very angry, for the man had been industrious and a good citizen. Clay agreed to release Charley if given $1,000. Charley had $200 and to raise the balance of the money it was planned by his friends to put Charley up at auction and sell him to the highest bidder. He was sold to Angelo Oliver for $800. The negro was given his freedom, and in a few years paid off the men who had advanced the money. Char- ley Bates, as he was afterward called, at one time lived on and owned a block of land cor- nering on Commerce and Flora streets and died in Sacramento about 1890.

David S. Terry Stabs Hopkins

Justice of the Supreme Court, David S. Terry, in office less than a year, in June, 1856, was confined in "Fort Gunny Bags," the Vigi- lantes' prison on Battery Street, San Francis- co, for a deadly assault on a police officer of the organization. The Vigilance Committee, comprising some 6,000 men, secretly banded together for the purpose of restoring law and order and punishing and driving from the city the criminals who had been harbored and pro- tected by the officers and judges of the courts. One of these lawless characters was Rube Maloney, wanted by the Vigilantes for smug- gling arms into San Francisco. Police officer Sterling Hopkins with a squad of men started out to locate him and he was found on the street in company with Judge Terry, Dr. R. P. Ashe, ex-sheriff of San Joaquin County, and others. The party carried guns, for those were exciting times in the Bay City, and as Hopkins attempted to arrest Maloney, Terry resisted the officer by placing his musket in front of Hopkins' body. "Leaving his duties at the capital," says Bancroft, "Terry had come to drag his already soiled ermine in the demagogical slums of San Francisco." Just at the moment of Terry's resistance a pistol shot was heard and Terry, believing that Hop- kins had fired the shot at him, drew his bowie knife and stabbed the officer in the back of the neck, severely wounding him. Terry was then arrested and hastened to the Vigilante jail, where he was confined several weeks, await-

ing Hopkins' recovery or death. The police officer recovered and Terry was placed on trial by the committee for the assault on Hopkins. The trial was in progress for twenty-one days and the case was then given to the Vigilance Committee, but they could not agree upon a verdict. They could not hang him as they did Cora and Casey, for the victim of the assault was not dead, and they could not banish him as they did several criminals for he "was too strong politically to be treated like an ordin- ary criminal" and was an officer of the state. He was a white elephant on their hands and they finally decided to give him his freedom.

As soon as free Terry sailed up the river to Sacramento in the United States sloop John Adams. Bancroft says he "sailed up the river, the captain being very friendly with the Terry party." On arrival at the capital Terry re- ceived a great ovation, and there the ladies of San Francisco presented him a magnificent service of silver plate; the water pitcher bore this inscription: "Honorable David S. Terry, from the ladies of San Francisco who admire his courage, honor, his patriotism, and take the highest pride in his heroic resistance to tyranny." Four years later their hero and these same ladies were doing everything pos- sible to insult the flag and disrupt the Union. Remaining in Sacramento a few days, there lionized by his immediate friends, he returned to Stockton, where he was met by a large del- egation of citizens, accompanied by a brass band and escorted into Stockton. The proces- sion was so timed that his arrival in the out- skirts of the city would be announced by the firing of the old cannon on the El Dorado Street bridge. As the cannon was fired the Court House, St. Charles hotel, Weber house and several private buildings were a blaze of light, illuminated by candles. As the hero of the evening rode through the streets in a hack accompanied by Judge Creanor, many people lined the sidewalks to catch a glimpse of the Supreme Court judge who had defied the Vigi- lance Committee. The procession halted at the Weber House and Terry retired to the parlor where he was welcomed by the Demo- cratic ladies of Stockton. Then moving to the front porch, the crowd waiting on the street, he was again welcomed in a speech by Judge Baine. Skyrockets illumined the heavens, the crowd gave three cheers for Terry and the band played "Home Again."

The Democratic party, forgiving Terry for his secession from the ranks in 1855, again welcomed him with open arms, and again he was in the campaign of 1857, glorifying the "grand old party which he so much admired." The Democrats also rejoiced because they

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were again united and in their "Democratic Rally Song" they shouted-

"Fling out the banner and swear not to yield. John Weller and Joe Walkup haste to the field, The fearless Democracy is banded once more, Have sworn that the day of disruption is o'er. Let the signal go forth o'er mountain and dell, There is union of hearts, a union of shells. Fling out the banner beloved by the free, Let it float feared by tyrants on every sea. Black traitors and foes must soon beat a retreat For banded once more the Democracy meet."

United Whigs and Democrats

The Democratic county convention assem- bled in the city hall July 11, 1857, to nominate county officers and state legislators. John B. Hall was elected president of the meeting, A. C. Baine and John Oliver, vice-presidents, and H. P. Corcoran and Wm. Rodgers, secretaries. It was not a simon-pure. Democratic conven- tion, for many of the old stalwarts had left the party and many Whigs had united with it. The chairman of the convention, John B. Hall, had been a Whig up to 1856, and in his speech accepting the position as chairman he said the old party was now "the broken and dismem- bered fragments of a once-glorious party and they were following strange gods to worship and to lead them." There were 88 delegates in the convention, and each candidate was pledged to abide by the decision of the con- vention and work for and support the nomi- nees. Thomas H. Lane, a strong Southern- rights man, was nominated unanimously for sheriff. In their resolutions they resolved "that we again ratify the principles of the Cin- cinnati platform as the true principles of the Union. We approve of Mr. Buchanan's inaug- ural address, and the conduct of his adminis- tration. We affirm the constitutional enact- ment of laws that will protect the rights of bona fide settlers and it is the duty of the Fed- eral Government to donate free of charge to actual settlers at least 160 acres of land of the public domain."

Shakespeare asks, "What's in a name? rose by any other name would smell as sweet," but the politicians at this time were very sen- sitive about names, as the time was fast ap- proaching for a "show down," for or against the Union. The Republicans were standing for the Union against slavery and the Demo- crats stigmatized them as Black Republicans. D. C. Broderick, although the leader of the Democratic party, was fast sailing into Union waters. He had already denounced the south- ern outrages in Kansas and the Southern Dem- ocrats hated him with a bitter hatred. Thomas Jenkins became very angry if called a Broder- ick Democrat, and in a card July 14, he said, "Having heard through a responsible party that James Garnett (a Southern Democrat)

publicly asserted that I received $1,000 and a promise of office for my vote for Broderick (for United States senator) I here pronounce the said Garnett to be a liar, a poltroon, and villain and slanderer of character so base as to be spurned by honorable men." There was no duel nor bloodshed, for it seems Jenkins merely repeated a rumor heard by him. Three days later George C. Holman, of Lockeford, then an assemblyman from San Joaquin, pub- lished a card in the newspaper saying, "I deny in toto that I ever voted a Black Republican ticket or affiliated with them. I pronounce the assertion without foundation, and furthermore I voted for James Buchanan for President." John C. Fremont was the Republican nominee. But there were many kaleidescopic changes in that day, and four years later Mr. Holman was not only hand in hand with the Republicans, but he was captain of the Lockeford Cavalry company sworn to fight for the Union:

Republican State Organization

We have been reading of the "Black Repub- licans" and we will turn back one year to their state organization. The few adherents of Re- publicanism then in Sacramento assembled in a mass meeting April 19, 1856. "In the gen- eral disturbance of the meeting," says Win- fred Davis in his "Political Conventions," "the Republican speakers attempted to talk, when suddenly a rush was made for the stand by the crowd, and it was overturned and the meeting broke up." They assembled in state conven- tion on the 30th of the same month in the Con- gregational Church, Sacramento. In their nine resolutions they in part declared, "That the Republican party is organized to preserve the liberties of the people, the sovereignty of states and the perpetuity of the Union." They adopted the principle of the prohibition of slavery in all the national territories and they were in favor of "preventing the increase of the political power of slavery." Slavery, they declared, is "a 'sectional institution in which only about 350,000 slaveholders are directly interested, while freedom is a national princi- ple by which 26,000,000 of American freemen are secured in their rights." On May 10 a public discussion was held in the same city by George C. Bates, Republican, and J. C. Zabris- kie, a Democrat. "Rotten eggs were thrown and firecrackers burned to create a disturb- ance but the police made several arrests and order was restored," says Davis. You ob- serve that we are approaching lively times.

Some three months after this event, five Re- publicans assembled in Stockton to consider the feasibility of organizing a Republican par- ty in San Joaquin County. The five men were B. P. Baird, Dr. George R. Warren, John Tucker, C. C. Firely and John M. Buffington,

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who was the leader of the movement. He was an ex-mayor of the city, the school superin- tendent in 1854, and now the Republican nom- inee for state superintendent of schools. They issued a call to all Republicans to attend a meeting August 2, 1856, in the little wooden building then located at the southeast corner of Weber . Avenue and San Joaquin Street. Republicans must have been few in number for it seems only the five were present at the meeting. A subsequent meeting was held in the Baptist Church then on Center Street, a few doors south of the present Occidental Ho- tel. There the Republican party of this coun- ty was born, the first permanent officers being Dr. W. R. Kerr, president, J. M. Buffington, secretary, and Dr. George R. Warren, corre- sponding secretary. The first county Repub- lican convention met October 10, 1856, and organized by the election of David J. Staples as chairman, and C. O. Burton, afterward Re- publican postmaster, and Madison Walthall, secretaries. At that time the Republicans had no paper to plead their cause and they were compelled to publish their call in the Demo- cratic Republican. But the same day of the convention the first number of the Stockton Daily Gazette was issued and it published at the head of the column the names of John C. Fremont for President and Wm. Dayton for Vice-President of the United States. Its edi- tor was John F. Damon, who preached the first sermon in Stockton in 1849.

Returning now to the state election of 1857, the Republican stated that the Republican county convention would meet August 8, to place in nomination a full county ticket. "The Republicans make up in pluck what they lack in numbers. If their principles were as com- mendable as their zeal and nerve in fighting for them, they would deserve to become a strong party." They nominated a full county ticket, but they styled themselves as Know Nothings. As this was the first Republican ticket we give it as follows : for the Assembly, J. M. Kelsey and Wm. A. Fisher ; sheriff, John W. O'Neal; clerk, Norval Douglas ; judge, Dr. George A. Shurtleff; district attorney, Otis Bridges ; treasurer; Thomas K. Hook; survey- or, George E. Drew; assessor, Thomas S. Stout ; coroner, M. H. Bond.

For the first time in California politics there were three candidates in the field for governor, a strong indication of the breaking up of the old parties and the forming of new parties on broader lines. The Democrats again carried the state and county, Weller, in the county receiving 1,549 votes; in Stockton, 706; Geo. W. Bowie, K. N., received in the county 604, city 327 ; Edward Stanley, Repub- lican, county 394, city 137 votes. John O'Neal, elected county clerk in 1855, now received for

sheriff only 316 votes, the Democrat, Thomas Lane, receiving 1,552 votes. Dr. George A. Shurtleff, elected county recorder on the Know Nothing ticket, received for judge 877 votes, his opponent, Judge Shafer, receiving 1,552 votes. The most popular man on the Democratic ticket was E. W. Hager, rector of St. John's Episcopal Church, nominated for county superintendent of schools; he received 1,457 votes, his opponent, Myers, 260 votes.

An Exciting Campaign

The campaign of 1859, which terminated in the death of United States Senator, David C. Broderick, was one of the most bitter and per- sonal in the history of the state. There were three parties in the state: the Republicans, with Leland Stanford as their nominee for Governor; the Democratic or Lecompton party as it was called, with Ex-Congressman Milton S. Latham, a young man of twenty-six years born in Ohio, as their nominee; and the anti-Lecompton or Broderick party, with John Curry, a Republican, as their standard bearer. The Democrats were now split asunder over the slavery question in Kansas. President Buchanan, in his message to Congress urged them to ratify the Lecompton constitution, which meant to make Kansas a slave state. Stephen A. Douglas strongly opposed any such action, and the anti-Lecomptonites were called Douglas Democrats or Broderickites, because he joined with Douglas in opposing slavery. This account of national politics is necessary that we may understand why the contest was so bitter and the reason of the complete overthrow of the Democratic party in the campaign of 1861. Mass meetings and conventions of all of the state parties were held early in the year, something very unus- ual, and the Republicans holding no county convention, by appointment, sent I. S. Locke, a photographer and portrait painter, C. C. Rynerson, George R. Choate, Dr. David Locke, of Lockeford, and D. J. Staples to represent them in the convention at Sacramento. Ban- croft in writing of D. J. Staples says, "He was a man who had much to do with forming loyal sentiment in San Joaquin County. He used his influence to soften the hostility of his southern neighbors as well as his courageous will to repel the tyranny of their leaders. The first Republican speech in the county was delivered on his premises."

A United Democracy

The Democratic county convention assem- bled June 18, 1859, in the city hall and they were called to order by Judge A. C. Baine, chairman of the Democratic county committee. The former Whig, John B. Hall, was again elected chairman, and Dr. L. R. Chalmers, sec-

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retary. John W. O'Neal, who bolted the party and was elected to office on the Know Noth- ing ticket and was defeated for sheriff on the same ticket in 1857, was now unanimously nominated for the same office. In an editorial the Republican declared, "The Democracy of California is firmly united. It is a union of the friends of Union, firmly banded together to resist the attack of faction and disunion. The Democrats are determined not to meddle with the affairs of their neighbors. The forces of our neighbors are this year divided. The Re- publicans are bound to do business on their own account, and all the persuasions to the contrary will not move them. In this county the Republicans will display their grit if their leaders have not become faint hearted and sought protection as they did last year under the Broderick flag."

Terry's Abusive Speech

In the Democratic state convention at Sac- ramento, David S. Terry sought the nomina- tion of judge of the Supreme Court, as his term was about to expire, but he was turned down, and C. C. Pope nominated. Terry in his speech before the convention said some remarkable things, considering his bolting his party in 1855, and some insulting remarks regarding the Douglas Democrats. "I claim the honor of being a Democrat. I can be noth- ing else. In my opinion there is no other party in which one who loves his country can rest. I have no doubt that in the coming elec- tion we will show to our sister states that Cal- ifornia-for the acquisition of which we are indebted to the Democratic party and no oth- er-are true to the principles which have car- ried our glorious Confederacy to its present proud position. If our enemies were ever united in one solid bond the forces of the un- terrified and invincible Democracy are fully capable of sweeping them from the face of the earth. Who have we opposed to us? A party based on no principle. They belong heart and soul, body and breeches to David C. Bro- derick. They are yet ashamed to acknowledge their master and are calling themselves for- sooth Douglas Democrats."

The Republican county convention met in the city hall August 2 and elected as president Dr. W. R. Kerr, a strong temperance advocate, vice-presidents. B. P. Baird and Charles Ford, and secretaries, H. B. Post and J. W. Whit- ney. They resolved "That the slavery agita- tion of the Democratic party ; its endeavor to crush out freedom in Kansas-meets our un- qualified condemnation. Resolved, that we entertain an abiding confidence in the Repub- lican party. That a division of our country would be unwise and while it would benefit a

few it would be decidedly prejudicial to the many."

Reception to Latham

It was always customary for each party nominee for governor to appear at Stockton, and to him was usually tendered a big ovation. Stanford and Curry received but little atten- tion, but Milton S. Latham received the big- gest ovation of that day. The Democrats assembled at three o'clock at the St. Charles Hotel and marching out met Latham on the outskirts of the town. A procession was then formed with Capt. Patrick E. Conner as marshal. In the lead of the triumphal entry was a fourteen-mule team handsomely har- nessed and decorated with flags. They hauled an immense prairie schooner called the Stock- tonian, and perched on top of the wagon was the Stockton Band playing, "See, the conquer- ing hero comes." This was followed by Ex- Congressman Latham riding in a barouche, accompanied by Judge Charles M. Creanor. Then followed carriages, lager beer wagons, about 100 in number, and a calvacade of horsemen. As the procession entered the town the old cannon on the bridge began firing and so continued until the procession arrived at the Weber House. Along the street were hun- dreds of people anxious to see the next gov- ernor, who was a distinguished and quite handsome man.

That evening came the first and the great- est torchlight procession of the day. At the appointed hour the Democrats began assem- bling at the St. Charles Hotel. Forming in line and led by the band they marched the streets. First came the standard bearer carry- ing a large flag, and behind him four men transporting a huge transparency on which was the motto, on one side, "Union for the sake of the Union," and on the reverse side a drawing of two clasped hands and the motto, "In Union there is strength." There were some twenty transparencies in line each one bearing some strong Union sentiment and about 1,000 men carrying the old-fashioned torches and Chinese lanterns. The procession returned to the St. Charles and Latham then addressed the assembled crowd. He addressed them very successfully for on election day. September 7, he polled in the county 1,816 votes, Curry 878, and Stanford, the Republi- can, only 209 votes. In Stockton. it was in the same proportion, respectively, 578-378-67.

Death of Broderick

Turn back the page to Terry's speech and you will find the remark that led to the Bro- derick-Terry duel, the effect of which did much. to keep California in the Union during the Civil War. Briefly will I review the great duel, which is not only of county but state and

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national history, involving as it did a United States senator and an ex-judge of the Supreme Court of California. Terry resigned from office a few days before the duel took place. The exact cause of the duel, and the exact de- tails of it have never yet been fully explained, although the writer has read everything relat- ing to it that came his way during the past thirty years. Broderick was a Northern man, opposed strongly to slavery. He had become the leader of his party, overriding the leader- ship of Terry and Gwin, and he was fast de- stroying the plans of the Southern leaders. This angered the party and they were deter- mined to get rid of Broderick. But how? There was but one way, the way that many Southern men disposed of their enemy, "on the field of honor." Who was to be the gentle- man to do the honor? Why, Terry, the blus- tering leader of the southern wing of the party and the hero of the Vigilance Committee.

Broderick was sitting in the International Hotel, San Francisco, June 26, 1859, eating breakfast. On the opposite side of the table sat D. W. Perley, a former Stockton lawyer and a friend of Terry. Broderick said to Per- ley, "I see your friend has been abusing me. I have hitherto spoken of him as the only hon- est man on the bench of a corrupt Supreme Court. He is just as bad as the others." Perley then and there challenged Broderick, willing to die if needs be for this insult to his friend Terry. Broderick refused to accept the challenge on the ground that various attempts had been made to keep him out of the cam- paign. Not having this excuse after the elec- tion, the following day Terry sent him a chal- lenge. Broderick accepted it. Some of Broder- ick's friends attempted to stop the duel, know- ing that he was tired out from the strenuous campaign. Other friends knowing that Bro- derick was a dead shot said, "The duel has got to come some time; it might as well come now." Terry, who was an expert with the bowie knife, now began derringer practice. The pistols belonged to Dr. Aylett, then phy- sician of Stockton State Asylum, who lived on the north side of Park Street between Cali- fornia and American. Terry practiced in the back part of his yard shooting at a mark on an oak tree until he was able to hit the bull's eye every shot. The duel was to take place September 12, near Lake Merced, San Mateo County. About sixty persons were present, but the chief of police of San Francisco ap- peared and stopped the duel. Secret arrange- ments were made and the parties met about two and a half miles southeast of the lake. "As the duelists took their places about ten paces apart," says James O'Meara, an eye- witness, "Broderick appeared nervous, and, straining his nerves to the utmost tension

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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 27

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