BRODERICK'S SUCCESSOR.

737

Let it not be believed that my death resulted from a few idle words, or from anything but my political position."" He said in the senate: "When I come here next winter, if I should live so long and not resign in the mean time" showing how his sensitive mind dwelt upon the "insidious tyranny" of the administration.

Said John W. Forney, in 1879, reviewing Broderick's life, the Kansas question, and Douglas: "They stood alone; and although there were more opposing votes among the democrats in the house, the south persevered in their policy till the democrats were routed, horse, foot, and dragoons, in the elections; till they lost the presidency, and both houses of congress: till secession ripened into war, and war ended in defeat and the burial of slavery. But Broderick was saved the saddest sequel. He went to his final compt before his full ostracism and exclusion from the administration.... He worshipped freedom above all things, and I never saw him intolerant except when he doubted the integrity of those who refused to see the truth as he saw it, and he firmly believed that all men must be wicked themselves who could not or would not reject the wrong as he did."

Rumor immediately became rife with speculation concerning the appointment of a successor to Broderick's place in the senate. It was even whispered that Terry would get the commission. There could hardly have been so bold an indecency contemplated. The appointment must now be of a man on whom no suspicion could rest of enmity or intrigue toward the senator whose place he would take. Such a man was found in Henry P. Hann, of Marysville, a pro-slavery democrat, but who had not been prominently before

67

67 Henry P. Hann came to Cal. across the plains in 1849, and settled himself at Marysville, where he was soon after elected county judge. He died at the end of his first session in the senate, I believe at Jersey City. His widow returned to Cal. with their only surviving child, a daughter, Kate, later Mrs W. S. Dewey of S. F.

HIST. CAL., VOL. VI. 47

the state as an adherent of Gwin. Mr Hann made the usual announcement to the senate, on the 13th of February, of Broderick's death. The manner of it, he said, was engendered "by the use of unguarded expressions by the deceased, personal in their character toward another distinguished gentleman.' He intimated, of course, that on the dead rested the odium of the encounter. Otherwise, Senator Hann's remarks were kindly, even eulogistic. Douglas, who had prepared a eulogy, was prevented from delivering it by illness. Senators Crittenden, Seward, Foote, and Toombs made brief but friendly speeches. Said Toombs: "He conducted himself here, notwithstanding the many prejudices thrown around his name, which a partisan opposition had cast upon him, in such a way as to win my respect and admiration. I trusted him as a faithful, honest, and fearless senator, who never hesitated in the performance of his duty.' Seward placed him "among the organizers of our American states," with such men as Winthrop, Williams, Raleigh, Penn, and Oglethorpe, and imputed to him the honor, in a great degree, of shaping the free and loyal public sentiment of California.

69

68

Thus ended the senatorial contest between Gwin and Broderick. When Gwin When Gwin departed from the state to return to Washington, says O'Meara, "he had flouted in his face a large canvas frame, on which was

68 In the House of Representatives Mr Burlingame said: 'I never knew a man who was so misunderstood-who differed so much from his common fame.' Morris of Ill. said: A truer man, a more distinguished patriot, a firmer hater of wrong and oppression, a more devoted and consistent friend, and purer public servant, never lived. No suspicion was ever whispered that corruption had tampered with him, that bribery's base coin had adhered to his fingers, or that he was in any way implicated in schemes of public plunder. Temperate, moral, simple, and frugal in his habits, and addicted to no vices, with all his aims his country's good, he trod life's path, not as society's spawn, but as one of nature's noblemen.' Sickles of N. Y. said: No man, I venture to say, lives who ever approached David C. Broderick as a legislator, or in any public or private capacity, with a corrupt or dishonest suggestion.' Sac. Union, March 19, 1860.

69 Charles L. Scott, a native of Richmond, Va, a lawyer by profession, came to Cal. in 1849, and after trying his fortunes in the mines, resumed the practice of law. Union Democrat, in Hayes' Coll., Pol., ii. 298.

AN OMINOUS WARNING.

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painted a portrait of Mr Broderick, and this: 'It is the will of the people that the murderers of Broderick do not return again to California;' and below were also these words, attributed to Mr Broderick: "They have killed me because I was opposed to the extension of slavery, and a corrupt administration.""

Behold, now, the irony of church charity! The body must be cast out by the priests-his body, who had been the grandest, noblest of all their saintly society, the body of the man martyred for his high political morality, for principles which were soon to shake the nation to its very foundations, and become established by the shed blood of a million of its sons. Broderick, whose life had been a battle for the higher progress against a vile, iniquitous, but cherished relic of savagism, was denied burial in 'consecrated ground,' because he died on the 'field of honor.' His mortal remains now lie under a stately monument in Lone Mountain cemetery, erected by the grateful people of California."

70

He

70 A man who had much to do in forming loyal sentiment in San Joaquin county was David Jackson Staples. Staples was born in Medway, Mass., May 3, 1824, and was descended from early New England ancestors. came to California in 1849, and settled on the Mokelumne river, where he purchased land, and engaged in farming and stock-raising. He was the first justice of the peace in his precinct, and the first postmaster. 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, and with great effect, considering the people he had to deal with in that county-The South Carolina of California.' The first republican speech in the county was delivered on his premises. In 1852 he ran on the whig ticket for the legislature, and was beaten on account of anti-slavery sentiments. In 1860 he was elected as an unpledged delegate to the national convention at Chicago, and voted for Lincoln. Fremont selected him as his representative to decline for him the complimentary nomination, which it was understood he would there receive, and he executed his commission. On returning to California, he was solicited to run for joint senator for San Joaquin and Contra Costa counties, and came within 125 votes of an election, running 400 votes ahead of his ticket. Going to Washington to attend Lincoln's inauguration, he was there during the first days following the President's first call for troops, and was active in the defence of the capital at that critical time. On again returning to California he encountered the disasters by flood which ruined many less able to bear their losses, in 1861-2. This determined him to remove to San Francisco. He was appointed port-warden by Governor Stanford, which office he held until 1866, when he was displaced by Governor Low for political purposes. Soon after he became president of the Fireman's Fund Insurance company, which was saved from dissolution at the time of the great Chicago and Boston fires by his arduous and well-directed efforts. He was influential in giving a proper direction to the bequests of James Lick, who sought his advice.

CHAPTER XXV.

POPULAR TRIBUNALS.

1849-1856.

STATE OF SOCIETY-MINERS' COURTS-CRIMES AND PUNISHMENTS-CRIMINAL CLASS-THE HOUNDS-BERDUE AND WILDRED-ORGANIZED RUFFIANISM COMMITTEES OF VIGILANCE THE JENKINS AFFAIR-VILLANOUS LAW COURTS JAMES STUART POLITICAL AND JUDICIAL CORRUPTION— JAMES KING OF WILLIAM-HIS ASSASSINATION-SEIZURE, TRIAL, AND EXECUTION OF CRIMINALS-A VACILLATING GOVERNOR-A BLOODYMINDED JUDGE ATTITUDE OF UNITED STATES OFFICIALS SUCCESS OF THE SAN FRANCISCO VIGILANCE COMMITTEE UNDER TRYING CIRCUMSTANCES-DISBANDMENT.

IN the abnormal state of early California society, marked by a singular variety of races, classes, and characteristics, the people almost exclusively intent on gold-harvesting, with little regard for the country or thought of home-building, less than ordinary attention was given to the public duties of a citizen by the mass of men on whom good government depends; so that the formal barriers to crime and corruption were either lacking or lamentably weak. The ever-shifting current of mining life prevented the creation of local authorities. Practical common sense was employed to reach direct results. Justice was not allowed to become subordinate to circumlocution or technicalities. A smattering of home precedents sufficed for forms; and for the settlements of disputes and the suppression of outrages the miners improvised courts, with judges and juries selected from among their own number, who rendered their verdict with promptness and equity. In the absence of prisons or permanent guards,

EARLY CALIFORNIA SOCIETY.

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chastisement for crime ranged chiefly between whipping, banishment, and hanging. Stealthy inroads upon property ranked here as a more punishable offence than personal violence; for property was unprotected, while men, for the most part well armed, were supposed to be able to take care of themselves; and so meanness became a greater crime than murder. They were a self-reliant class, these diggers; of rough, shaggy appearance, bristling with small-arms at the belt, yet warm-hearted; with mobile passions and racy, pungent language; yet withal generous and gentle. Cast adrift on the sea of adventure in motley companionship, each man held life in his own hand, prepared for storm or shoal, and confident in finding means and remedies when needed.

This element permeated also the large fixed settlements; but here the people, with some reverence for established law and authorities, generally abstained from interfering in the administration. Congregating largely in these centres of population were the idle and vicious, who took advantage of the preoccupation of the industrial classes for gaining control of power, which was then used as a shield for nefarious operations against the community, by officials in the diversion of public property and traffic in justice and privileges, and by ruffians and criminals, singly or in bands, in more or less glaring raids on life and property. Thus two strong factions were preying upon society, assisted by such delectable elements as Sydney convicts, who had been allowed to take their departure from England's penal settlement. As allies, tools, or clients of the officials, the others could generally rely on their efficient coöperation for eluding punishment. If arrested, there were always at hand tricky advocates to distort law and protract trials till witnesses had been spirited away or bought; finally, compliant judges and packed juries could be counted upon for acquittal or nominal punishment, the latter to be quickly nullified by additional bribery.