FRANK TILFORD.

BY THE EDITOR

F

RANK TILFORD is of Scotch-Irish descent, and a native of Lexington, Kentucky. In the year 1745, a remote ancestor, John Tilford, emigrated with his family from the North of Ireland and settled in the valley of the Shenandoah. The descendants of this family are now scattered through the Western States. They belong to that hardy race of pioneers, who, after driving the Indian tribes from their hunting grounds in the Mississippi Valley, laid well and deep in their wilderness homes the foundations of a free government.

In the spring of the year 1849, Frank Tilford, then twenty-seven years of age, with a small party of youthful adventurers, started overland for the Pacific. He arrived in California in August of that year, and from that time until now has resided on the Pacific coast.

In the early days of San Francisco, when the place was a Pueblo, Mr. Tilford was a member of the AYUNTAMIENTO, and in that capacity contributed largely and beneficially to the development of the future city. The cause of education received from him earnest attention, and to his exertions we owe the first endowment ever bestowed upon a public school in San Francisco. He endeavored, although ineffectually, to procure an appropriation of some of the public lands belonging to the corporation to the establishment of a College of the Pacific. Had the scheme succeeded, we might, years ago, have had on this coast a University richly endowed and ranking with the

noblest educational institutions of the land. At that time, unfortunately, a large majority of our people lived only for and in the immediate present; few either appreciated or cared for the magnificent future which awaited their adopted State; and the inevitable result of such indifference was the failure of all propositions of a public character, which did not promise a speedy remunerative return to the community.

In May, 1850, Mr. Tilford was elected Recorder, or Criminal Judge, of San Francisco. He held the position for one year. During his term of office, San Francisco was noted for the fierce controversies which prevailed in regard to the title and possession of the lands within her limits. These conflicts, commencing in acts of lawlessness, ended, too often, in sanguinary violence, and became, therefore, the subjects of investigation in the criminal courts. In all such cases the sympathies of the Judge were with the actual and honest occupant, and the law was administered to protect him against the aggressions of trespassers who sought to obtain possession without the shadow of legal title or equitable claim. The firm yet just course pursued by Recorder Tilford in these troublesome disputes, won for him the esteem and regard of all well-disposed citizens. His re-election to the same position, it was conceded, was certain, had he been a candidate. It so happened, however, that the Democratic party placed Judge Tilford before the people as their candidate for Mayor at the municipal election in April, 1851. The nomination was made against the earnest, openly-expressed wishes of the candidate, and finally accepted with great reluctance. The contest was animated, and rendered more interesting as being the first to occur in California on strict partisan issues. The Whig party, then, for the first time, organized, and under the leadership of T. Butler King, collector of the port, achieved the most brilliant, and almost the only victory, which ever rewarded its expiring efforts in California. The average majority against the Democratic ticket was not less than one thousand, while the candidate for the mayoralty was defeated by only four hundred votes.

Shortly after the election, Judge Tilford formed a law partnership with R. A. Lockwood and Edmund Randolph, two gentlemen of commanding abilities, now deceased. This firm instituted a suit which created intense and general excitement-Metcalf vs. Argenti and othersthe cause célebre of that day. The plaintiff complained of a trespass committed by the defendants in entering his house and searching the premises. They (the defendants) were members of the Vigilance Committee of 1851. The whole case involved the legality and propriety of the action of the Committee. Plaintiff laid his damages at fifty thousand dollars. There were two trials of this cause, but the jury, on both occasions, were unable to agree upon a verdict.

In the summer of 1851, Judge Tilford visited Oregon and remained some five months in Portland, where he practiced law with considerable success. Feeling, at the end of that short period, that he was out of the pale of civilization-Oregon being but a dreary abiding place eighteen years ago-he returned to San Francisco early in 1852, and resumed the practice. He obtained a high reputation at the bar, but principally as a criminal lawyer.

From 1852 to 1856, during which time Judge Tilford was practicing law, the San Francisco bar numbered among its criminal lawyers, Col. Baker, Gov. Smith of Virginia, Bailie Peyton, Gov. Foote, Edward F. Marshall, Col. James, and Harry Byrne, now, as then, District Attorney of San Francisco.

In 1854, he was nominated by the Democracy for Judge of the Superior Court of San Francisco. In that year the Native American party first appeared in California as a distinct political organization. "Towering in its pride of place," it swept all before it and succeeded in electing every one of its nominees. The Whig party was crushed out of existence. The Democracy held together, and although defeated, were not demoralized.

In 1855, Judge Tilford received the compliment of the nomination, unanimously tendered him by the county convention of his party, for State Senator. He took the field against the enemy, before whose power he had fallen

the previous year, and at the fall election was chosen by a majority of twenty-five hundred votes.

The seventh session of the California legislature was one of unusual interest to the political parties of the State. The Native American party had been successful at the State election and returned a majority of the legislature. In the assembly they had the decided control, and in the senate, one majority. The first question which arose was in reference to a joint convention to elect a United States Senator to succeed Wm. M. Gwin, whose term had expired. The Democrats opposed the convention and favored the postponement of the election. Senator Tilford made the only speech on the Democratic side; taking the ground that the State election had turned on local and personal issues; was no just indication of the popular judgment, and that it would be impolitic, if not disastrous to the public interests, to place in the Senate of the United States the representative of a faction which had no national existence, and whose career was destined to a speedy termination. This speech was published in all the Democratic journals of the State, and was generally accepted as defining the attitude of the Democracy.

The vote was taken on the motion to indefinitely postpone the assembly resolution in favor of a joint convention, and the motion was carried-Hon. Wilson Flint acting with the Democratic members. The people of the State, at the election which took place in the fall of 1856, sustained the course pursued by a majority of the senate.

Another debate of a political character occurred in the senate, important as, in part, the cause and precursor of the fall of the Native American party in California. The assembly, in which that party had a large majority, as stated, had passed a resolution condemning the election of Hon. N. P. Banks to the position of Speaker of the House of Representatives at Washington, for the reason, as alleged, that he was "the exponent of sectional ideas. and principles diametrically opposed to the spirit of the Constitution of the United States." When this resolution came to the senate, the Native American members.