USA > California > San Luis Obispo County > History of San Luis Obispo County, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 36
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The said Judges shall hold their offices for one year from and after this date, and shall receive as compensa- tion for their services the following fees: For services
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HISTORY OF SAN LUIS OBISPO COUNTY.
in any fire on the plains, payable out of the county treasury, $3.00 per day; attending any rodeo, payable by the person calling for the same, $2.00 per day; each judgment upon any question of ownership, payable by the party against whom judgment is given, $1.00; arresting and taking before a magistrate for examination any person, payable as in criminal case, and travel per mile in such case payable in like manner; the same fees are allowed by law to Constables for same services.
The following regulations are adopted by the Court of Sessions: For the government and the payment of the Judges of the Plains of San Luis Obispo shall be al- lowed $20.00 per month for services, payable out of the county treasury. The Judges of the other townships shall receive no compensation except such fees as are allowed to the Judge of the township of San Luis Obispo.
SECTION 1. Ordered that it shall be the duty of the Judge of the Plains of San Luis Obispo to accompany every drove of cattle passing through the township of San Luis Obispo, as far as the rancho of M. Bonilla, and ascertain if there be any cattle in such for which the drover has no bill of sale for.
During that period large droves of cattle were driven through San Luis Obispo to supply the cities and mining regions of the north, and it became necessary to take great precautions to prevent the drovers from sweeping the country of stock. The remaining sections of the orders relate to the butchering of cattle in the county, and requiring the Judge of the Plains ( Juez de Campo), to examine all and ascertain if properly branded and vented, to impose fines in any case of butchering cattle not properly branded and vented, or having a bill of sale of the same. The fine was fixed at $20.00 for each offense. The Juez de Campo was also to attend to the suppressing of fires on the plains, with authority to order out the people of the township, and if necessary to call upon the neighboring township for assistance.
ELECTION IN 1851.
At the election held in November, 1851, Antonio Maria de la Guerra, of Santa Barbara, was elected Sen- ator for the district, and Mariano Pacheco was elected to the Assembly from San Luis Obispo.
the Plains, for Township No. 1; Joseph M. Levy, to be Public Administrator in place of S. A. Pollard, who had neglected to qualify, and R. C. M. Hoyt, Sheriff, in place of Henry J. Dally, resigned. Elliott Libby is Justice of the Peace and Acting Coroner. February 27, 1852, Francis J. Maguire is appointed County Clerk and ex officio Auditor in place of James D. Hutton, re- signed, and R. C. M. Hoyt is made Juez de Campo for the county. August 4, 1852, O. M. Brown was appointed County Surveyor.
At the meeting of the court on the 6th of December, 1852, it was composed of William J. Graves, County Judge; Bernardo Lascano and Ambrosio Gomez, Asso- ciate Justices; Parker H. French was District Attorney, and the court appointed Joseph M. Levy, Public Admin- istrator, in place of John Wilson, who had failed to qualify, and Don José de Jesus Pico, Assessor, in place of Francisco Z. Branch. An election was ordered for
Justice of the Peace in the town of San Luis Obispo, to be held on the 17th of December, and David B. Streeter was elected.
From this date the Court of Sessions ceased to be the financial and business agent of the county, such powers having been transferred to a
BOARD OF SUPERVISORS.
May 3, 1852, the Legislature enacted a law providing for Boards of Supervisors in several counties of Califor- nia, San Luis Obispo County being included. Justices of the Peace, County Clerks, Sheriffs, and other county officers were declared ineligible to the office of Super- visor. For this county it was provided that the Board should consist of five members, who should be qualified electors of the county; that they should be elected at the general election subsequent to the passage of the Act, should be elected annually to serve one year, and until their successors were elected and qualified. One of the number was to be chosen by the Board as Chair- man, and the Clerk of the county was to be Clerk of the Board.
The powers, duties, and responsibilities of the Board were to make such orders concerning the property of the county as they deemed expedient; to audit the accounts of all officers; examine, settle, and allow all accounts chargeable against the county; have the man- agement and control of all public roads, highways, ferries, and bridges; to establish townships and election districts; appoint judges and inspectors of elections; purchase or receive any property necessary for the use of the county; erect or lease a Court House, jail, and such other public buildings and improvements as may be necessary for the use of the county; take care of and provide for the indigent sick, and insane; levy and collect an annual tax, not to exceed one-half of one per cent., on the valuation of all property, real and personal, in the county for the payment of the debts of the county; ascertain and determine, with a jury, or by consent of parties without a jury, the just compensation to be made to the owners of private property taken for
The Court of Sessions, at a special meeting held December 8, 1851, appointed George Stone, Judge of & public use; sue and defend on behalf of the county, and
to perform all such acts as may be necessary to the dis- charge of the duties imposed by law; also to act as a Board of Canvassers, and declare the election returns; and, within sixty days after entering upon their duties, to ascertain the amount of the then existing debt of the county, and the amount and condition of all property belonging to the county.
The Board of Supervisors was made a Board of Appeal for the equalization of taxes, and was forbidden to con- tract any debt or liabilities, which, in the aggregate, should exceed the annual revenue of the county for county purposes. Each member of the Board of Super- visors was entitled to receive for each day's necessary attendance the sum of $5.00 per day, and twenty-five cents per mile in going to the county seat from his resi- dence, and no member could be interested in any con- tract for the county.
The members of the Board were John Wilson, Fran-
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POLITICAL HISTORY OF THE COUNTY.
cisco Z. Branch, Joaquin Estrada, William G. Dana, and Samuel A. Pollard, the latter being Chairman. At the first meeting, held on the 13th of December, 1852, it was ordered that William L. Beebee be appointed Super- visor in place of Wm. G. Dana, who held the office of County Treasurer and was declared "not legible" for any other office. Parker H. French was appointed District Attorney, with a salary fixed at $500 per annum.
ELECTION IN 1852.
The campaign of 1852 was for the election of Presi- dent and Vice-President of the United States, being the first in which the native people of California had partici- pated. In the State were to be elected at large two members of Congress, two Justices of the Supreme Court, and one Clerk of the Supreme Court. For Second Judicial District a Judge, and for the county one Member of Assembly and county officers to fill vacancies.
The National Conventions had nominated Franklin Pierce, of New Hampshire, for President, and Wm. R. King, of South Carolina, for Vice-President, on the part of the Democracy; and Winfield Scott, General of the army, for President, and William A. Graham, of North Carolina, for Vice-President on the part of the Whigs.
The Democratic State Convention had placed in nom- ination James A. McDougall and Milton S. Latham for Congress, Hugh C. Murray and Alexander Wells for Justices of the Supreme Court, and P. K. Woodside for Clerk of the Supreme Court.
The Whig Convention nominated G. B. Tingley and Philip Edwards for Congress; E. B. Sloan and Simon Buckner for Justices of the Supreme Court, and W. W. Hawks for Clerk.
For District Judge, Joaquin Carrillo, of Santa Barbara, was nominated.
No great difference was observable in the party plat- forms. The Democrats professed fealty to the com- promise measures of 1850, which had forever settled the slavery question. The Whigs professed greater fealty, claiming they had been the means of accomplishing that noble and much-desired end. The Democrats favored the uniting of the Atlantic and Pacific Coasts by the most improved means of communication. The Whigs declared that their party was the only one favorable to internal improvements, by the General Government, and that the Democratic party could not be trusted to build the Pacific Railroad. These obscure and ridiculous sentences are fair synopses of the two platforms.
General Scott, the Whig candidate for the Presidency, was exceedingly popular as the Commander-in-Chief of the army, and had won great honors in the recent war with Mexico. He was distinguished for his commanding appearance and soldierly bearing, of which he was very proud. His companion on the ticket, Mr. Graham, was from North Carolina, nicknamed the "Tar State," and these two facts-Scott's military dress and vanity, and Graham's native State-suggested to Daniel Webster, when told of the nomination, the expression, " feathers and tar-tar and feathers," and this became the slogan
of ridicule that took from Scott all the prestige of his military rank and fame.
Franklin Pierce had also served in the Mexican War as a General of Volunteers, but it was for his services as a partisan, rather than as a soldier, that he was rewarded with the nomination.
John P. Hale, of New Hampshire, and George W. Julian, of Indiana, were the candidates of the Free-Soil Party. This organization had for its basis the exclusion of slavery from the Territories. It figured but slightly in the election in California.
The campaign did not create any great enthusiasm in California, there being few newspapers throughout the interior, and the people were too busily engaged in the exciting progress of business. The vote in the State was for the Democratic candidates, Pierce and King receiving 40,626 votes, and Scott and Graham receiving 35,807. In San Luis Obispo the vote was for the Whig candidates, Scott receiving 112 votes, and Pierce II votes. Milton S. Lathan and James A. McDougal, Democrats, were elected to Congress, over Geo. B. Tingley and Philip Edwards, Whigs. Joaquin Carrillo was elected District Judge; Mariano Pacheco, Member of Assembly; O. M. Brown, County Judge; Albert Mann, Sheriff; and other county officers, as previously mentioned, to fill vacancies.
The great leaders of the Whig Party in the United States were Henry Clay and Daniel Webster. Clay died June 29, 1852, and Webster, October 24th of the same year. From their death the strength of the party waned, and, with the defeat of Scott, it left the field as a great national power. For some years, however, it maintained organizations in the various States.
ELECTION IN 1853.
The campaign of 1853 involved the election of Gov- ernor and other State officers, a Senator, Member of Assembly, and county officers.
The State Conventions nominated candidates, the Whig ticket containing the names of William Waldo, of Solano, for Governor; Henry Eno, of Calaveras, for Lieutenant-Governor; Tod Robinson, of Sacramento, for Justice of Supreme Court; D. K. Newell, of El Dorado, for Attorney-General; George E. Winters, of Yuba, for Controller; Samuel Knight, of San Joaquin, for Treas- urer; Selim E. Woodworth, of Monterey, for Surveyor- General, and Sherman Day, of Santa Clara, for Superin- tendent of Public Instruction.
The Democratic ticket was composed of John Bigler, of Sacramento, for Governor; Samuel Purdy, of San Joaquin, for Lieutenant-Governor; Alexander Wells, of San Francisco, for Justice of Supreme Court; John R. McConnell, of Nevada, for Attorney-General; Samuel Bell, of Mariposa, for Controller; S. A. McMeans, of El Dorado, for Treasurer; Senaca H. Marlette, of Calaveras, for Surveyor-General, and Paul K. Hubbs, of Tuolumne, for Superintendent of Public Instruction.
The Democratic nomination was usually deemed equivalent to an election. Bigler had been nominated through the aid of David C. Broderick, a politician of
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HISTORY OF SAN LUIS OBISPO COUNTY.
San Francisco, lately President pro tem. of the State Senate, and a persistent candidate for the Senate of the United States. Waldo had assisted the overland immi- gration in several instances of great distress, and for these services had become popular with the mass of voters. The election occurred September 3, 1853. The entire Democratic State nominees were elected, the vote for Governor being, Bigler, 38,940; Waldo, 37,484.
The vote in San Luis Obispo was: Waldo, 137; Bigler, 9. Pablo de la Guerra, of Santa Barbara, was elected Senator from San Luis Obispo and Santa Barbara. Parker H. French was elected to the Assembly, Romu- aldo Pacheco, County Judge; John Lappin, Sheriff; D. F. Newsom, Clerk and Superintendent of Schools; Hub- bard C. M. Ely, District Attorney; José de Jesus Pico, Assessor, and Joaquin Estrada, Treasurer.
ASPIRATIONS OF BRODERICK.
The Legislature met at Benicia January 2, 1854, and removed to Sacramento, February 25th following. The Senate consisted of thirty-four members, and eighty in the Assembly. The session was an exceedingly stormy one. David C. Broderick again came forward as a can- didate for the United States Senate, for which position he had aspired since the organization of the State Gov- ernment. By his aspirations and management the Dem- ocratic Party was divided into what were commonly de- nominated "Chivalry" and "Anti-Chivalry," or "Brod- erick," wings. He had attempted to have himself elected successor to John C. Fremont, whose term expired March 3, 1851, but not succeeding in this was sufficiently skillful in his management as to prevent the election of a Senator until late in 1853, when John B. Weller was elected. There being no Congressional statute fixing the time of election, Broderick assumed it could be done at any time.
POLITICAL DUELS.
The ambition of Broderick and the arrogance of his opponents created very bitter feelings among the poli- ticians of the State, giving cause to several political duels and eventually resulting in a rupture of the Democratic Party. Col. Phillip W. Thomas, Chairman of the Dem- ocratic Central Committee of Placer County, was chal- lenged by J. P. Rutland, a clerk in the State Treasurer's office, but declined on the ground that the challenger was not a gentleman, when Dr. Dixon, of San Francisco, the bearer of the challenge, assumed the place of his princi- pal. Thomas attempted to explain, and prove that Rut- land was not truthful and not a gentleman, but the rules of the "code" permitted no such explanation, and, although Thomas and Dixon were friends, and the latter a stranger to Rutland's character, the parties met, near Sacramento, on the 9th of March, 1854, and Dixon was killed.
March 21, 1854, Col. B. F. Washington, editor of the Times and Transcript, an anti-Broderick paper, and C. A. Washburn, editor of the Alta California, a friend of Broderick, fought near San Francisco, and the latter was severely wounded. A series of tragedies marked the
career of the Broderick party, ending in the death of the principal in a duel with Judge D. S. Terry in 1859.
THE SLAVERY QUESTION IN CALIFORNIA.
The subject of slavery was a very delicate question in politics in those days, and woe be to him who dared to express an opinion averse or doubtful of the sacredness of the institution. But a bold leader, for his own polit- ical purposes and ambition, had thrown a gauge of bat- tle into the arena and challenged the acknowledged champions of slavery to combat. Thus it followed that those who could break from party rule for a personal ob- ject could come to express an opinion on principle. From such steps the breach grew wider and irreconcila- ble. On the 17th of April, 1854, there were laid on the desks of the Members of the Legislature circulars, issued by the "Society of Friends of Great Britain and Ireland," animadverting upon the subject of slavery in America, and advocating its suppression. This touched the sorest spot in the political body, and great indignation was ex- pressed.
Mr. McBrayer, Member of the Assembly from Sacra- mento, offered the following preamble and resolutions respecting the circulars, which are here reproduced, as a sign of the times and presaging the future :-
WHEREAS, An abolition document, purporting to come from the Society of Friends in London, has been laid upon the desk of each member of this body, and
WHEREAS, Such document, under cover of religious teachings, advises treason, immorality, and a general dis- obedience of the laws of the Union; therefore be it
Resolved, That the pages and porters of this House be directed to gather up said documents, and, in imitation of the Indian burial service, make a funeral pyre of the same. And be it further
Resolved, That the Society of Friends in London be requested, in the sole name of humanity, to attend to the interest of the white slaves of England and Ireland, and to be kind enough to allow the people of the United States to look after and attend to the affairs and condi tion of the "poor" African within their own borders.
The resolutions were adopted by the following vote :-
Yeas-Messrs. A. C. Bradford, C. E. Carr, Pedro C. Carrillo, - Clingan, T. R. Davidson, J. N. Dawley, W. M. Gordon, H. Griffith, - Hagans, E. O. F. Hastings, - Henry, A. J. Houghtailing, E. Hunter, Richard. Irwin, W. Lindsey, J. W. Mandeville, J. Musser, B. F. Myers, J. M. McBrayer, C. W. McDaniel, F. S. McKenney, Charles P. Noel, Jas. O'Neil, J. W. Park, Martin Rowan, John Stemmons, W. W. Stow-27.
Nays-Messrs. Francis Anderson, D. R. Ashley, S. A. Ballou, J. H. Bostwick, Ed. Burton, John Conness, P. B. Cornwall, B. L. Fairfield, H. B. Godard, J. H. Hollister, N. Hubert, J. C. Jones, H. B. Kellogg, F. W. Koll, W. S. Letcher, G. McDonald, E. B. Purdy, J. R. Ring, T. A. Springer, W. J. Sweasey, Joseph Livy, S. G. Whipple-22.
Those voting against the resolutions were in the ensu- ing campaign held up by the Democratic press and speakers to public execration, and bitterly denounced as "Abolitionists." The vote of Parker H. French, of San Luis Obispo, is not recorded in the above.
SAN FRANCISCO PUBLIC LIBRARY
RANCH & RESIDENCE OF CHAS LEE, 4 MILES WEST OF SAN LUIS OBISPO. CAL.
DAIRY RANCH OF J. C. HILL, ON THE COUNTY ROAD FROM CAMBRIA TO SAN LUIS OBISPO, SAN LUIS OBISPO CO.CAL.
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POLITICAL HISTORY OF THE COUNTY.
ELECTION IN 1854.
The discussions among the leaders of the Democratic Party culminated in an open rupture in the campaign of 1854. Politics became a subject of exciting controversy throughout the State, but in the absence of newspapers and the infrequency of communication with San Luis Obispo this section remained quite undisturbed. The chief question that agitated the public was the election of a United States Senator to succeed Dr. Wm. M. Gwin, whose term would expire March 3, 1855. Brod- erick was the competing candidate, and he persisted in making his contest in the ranks of the Democratic Party, and being Chairman of the State Central Committee and "boss of the machine," pursued the policy of "divide or conquer." The Democratic State Convention was called to meet at Sacramento on the 18th of July. Two hundred and sixty delegates would constitute the con- vention, but by the game played by the rival aspirants nearly every county sent two sets of representatives.
A STORMY STATE CONVENTION.
The State Convention of 1854 was an event long to be remembered by the politicians of California. The con- vention met on the day appointed in the Baptist Church. Each wing had arranged to effect a surprise and immedi- ate organization, and thus secure control, but the secret arrangement of each had been treacherously made known to the other. Broderick, as Chairman of the State Cen- tral Committee, called the convention to order. Imme- diately James O'Meara, Anti-Broderick, of San Francisco, nominated ex-Gov. John McDougal for Chairman. Mr. Vermule, of Santa Clara, Broderick, nominated Judge Ed. McGowan. Broderick refused to recognize O'Meara as a delegate, put the motion of Vermule, and without asking for the noes, declared him elected. O'Meara put his own motion and declared McDougal elected. Each faction was prepared for war, and with revolvers drawn escorted their respective Chairmen to the stage where each occupied seats. Men of nerve and action had been se- lected for this purpose. Prominent among the Broderick faction were Samuel C. Astin, Sheriff of Placer; William Walker, the filibuster; James P. Casey, afterwards hanged by the Vigilance Committee; Billy Mulligan, the prize- fighter; Mike Gray, Sheriff of Yuba; Henry Caulfield, of Sacramento squatter notoriety; Jack McDougall, of El Dorado; Wm. Roach, of Monterey, a fighting Sheriff, and others. Of the Anti-Brodericks, were Major John Bidwell and Judge W. S. Sherwood, of Butte; P. W. Thomas, of Placer; J. P. Dameron, naval officer; Wm. G. Ross, James O'Meara, and Blanton McAlpin, of San Francisco; ex-Speaker C. S. Fairfax, of Yuba; General Richardson, United States Marshal; David S. Terry and Samuel H. Brooks, of San Joaquin; Maj. P. Solomon and George S. Evans, of Tuolumne; Joseph C. Mckib- ben, of Sierra; Ben. Marshall, ex-Sheriff of Calaveras, and many of the Federal officers of San Francisco, who were the appointees of Senator Gwin. All were prepared for the most desperate action, and a hundred pistols were drawn and held in readiness for bloody and deadly hos-
tilities. The utmost disorder prevailed. The two Chair- men sat side by side through the day, but no progress in business could be made. Broderick moved an adjourn- ment, which was declared carried, but no one left the house. The trustees and the pastor of the church begged the assemblage to disperse, and not further dis- grace or endanger by a riot the sacred edifice; but their prayers were received with derision by the howling mass. In this condition the double convention continued through the day until late in the evening, when the trustees having refused to permit the gas to be lighted, the two Chairmen, arm in arm, headed the procession and marched out and separated.
CONVENTIONS AND NOMINATIONS.
The next day two conventions met and each made nominations. Each styled itself Democratic, but the common designations were, " Regular Democrats" and " Broderick Democrats." The first nominated Gen. James W. Denver, of Trinity, and Philip T. Herbert, of Mariposa, for Congress, and Charles A. Leake, of Cala- veras, for Clerk of the Supreme Court, and the Broderick Democrats nominated Milton S. Latham, of Sacramento, and James A. McDougall, of San Francisco, for Con- gress, both then holding the office, and Preston K. Wood- side, of Calaveras, for Clerk of the Supreme Court. Latham subsequently declined, and James Churchman, of Nevada, was nominated in his place.
The Whig State Convention met at Sacramento, July 25, 1854, and nominated Geo. W. Bowie, of Colusa, and Calhoun Benham, of San Francisco, for Congress, and Joseph R. Beard, of Nevada, for Clerk of the Supreme Court.
Three parties were now in the field, two claiming the title of Democrat, but bearing epithets and appella- tives of "Chivalry" and " Anti-Chivalry," " regulars" and " bogus," "Democrats" and "Broderick Democrats;" the other party was the Whigs. Meetings were held in every locality where audiences could be assembled, and the ablest public speakers went through the State in the interest of their respective parties. The Whigs felt that with a divided Democracy they could win, and therefore worked with unusual vigor. The reg- ular Democratic press was very bitter upon the Broder- ick Party, whom they termed bolters, and denounced as abolitionists, then the most opprobrious epithet that could be applied to a politician To be suspected of the faintest desire to abolish slavery was a fatal blight to any man's aspirations, not only in the States where slavery existed, but throughout the United States with the ex- ception of a few localities, which were regarded with the abhorrence of Sodom and Gomorrah. While the regu- lar Democrats were showering their heaviest anathemas upon the bolters, they were very considerate and patron- izing toward the Whigs, either wing preferring the latter's success to that of the opposing faction. The chief mat- ter of discussion was the Senatorial question and the merits of the rival leaders, Gwin and Broderick.
Shortly after the campaign opened Latham withdrew his name, expressing objections to dividing the Democ-
18
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HISTORY OF SAN LUIS OBISPO COUNTY.
racy. The election occurred on the 6th of September, resulting in the election of Denver and Herbert to Con- gress, and Beard, the Whig candidate, for Clerk of the Supreme Court; the successful candidates receiving from 35,754 for Beard, 37,677 for Denver and Herbert, 35,660 for the Whig candidates, and Mr. Churchman, the high- est Broderick Democrat, receiving 10,039.
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