Wednesday, December 21, 2016
Wednesday, December 14, 2016
NARA: Criminal Case Files 2
Part II Civil Rights
By Martha Wallace and Cath Trindle
The violation of an individual's civil rights is one of the crimes tried in US Federal Court. Among the cases heard in San Francisco in the late 1800s are those of John Jackson, tax collector for Trinity County, and Thomas Stapleton (Thomas Breeze) tax collector for El Dorado County. The indictments were for demanding, exacting, and collecting a Foreign Miners Tax of $4
In 1850 the first California state legislature passed the first Foreign Miners Tax Law, levying a twenty dollars per month tax on each foreigner engaged in mining. A revolt resulted and it was repealed in 1851. The Foreign Miners Tax Law was reenacted in 1852. By 1853 the Foreign Miner's Tax stated in Section 6, "The amount to be paid for each license shall be at the rate of four dollars per month, and said license shall in no case be transferable."
Collections of the tax in 1850 amounted to more than $26,000 and between 1850 and 1870 provided more than 1/2 of the tax revenue for the state. Controversy over the tax was immediate. The Daily Alta California article, "Murders & Robberies", claims that the law caused an increase in crime in the gold country. In fact, the tax was rigidly enforced against Mexicans and Chileans to encourage them to leave the gold region which in some cases prompted revenge.
By the 1870s the law was mainly enforced against the Chinese miners. The case against Sheriff John Jackson was instigated by the complaint of Ah Koo, who also claimed to be a citizen.
Sheriff John Jackson was found guilty. However, as the The Daily Alta California reported in The Sentence of Sheriff Jackson on 26 Mar 1871 the judge, stating that although he was guilty he was acting under the color of the law, only fined him $20. He also implied that the case could be immediately appealed to a higher court so the legality of the law could be determined.
In the second case, the complainants claimed they should not have pay this tax, as the tax was not collected from white miners (implying white "foreign" miners.) On 15 Dec 1873 the case was ordered nolle prosequi (will no longer prosecute.)
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Just a few years later in 1876 another set of civil rights cases was heard. Both cases were against Thomas Maguire, the proprietor of a San Francisco theater.
Charles Green and George M Taylor and purchased theater tickets bur were not allowed to enter the theater and be seated in the seats they had purchased. They claimed this was a violation of their civil rights.
The case of Charles Green was heard and a jury determined that Maguire was not guilty. The judge in this case had excluded testimony that the doorkeeper had acted on orders of Maguire. The jury therefore found that the doorkeeper had acted on his own authority and therefore Maguire was not responsible.
The case of George M Taylor was ordered nolle prosequi on 16 Jul 1877. The book Children of Fire: A History of African Americans by Thomas C. Holt discusses how the second case involving George Taylor helped to gut the Civil Rights Act of 1875.
Links
By Martha Wallace and Cath Trindle
The violation of an individual's civil rights is one of the crimes tried in US Federal Court. Among the cases heard in San Francisco in the late 1800s are those of John Jackson, tax collector for Trinity County, and Thomas Stapleton (Thomas Breeze) tax collector for El Dorado County. The indictments were for demanding, exacting, and collecting a Foreign Miners Tax of $4
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Sacramento Transcript,
Volume 2, Number 132
29 March 1851
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Collections of the tax in 1850 amounted to more than $26,000 and between 1850 and 1870 provided more than 1/2 of the tax revenue for the state. Controversy over the tax was immediate. The Daily Alta California article, "Murders & Robberies", claims that the law caused an increase in crime in the gold country. In fact, the tax was rigidly enforced against Mexicans and Chileans to encourage them to leave the gold region which in some cases prompted revenge.
By the 1870s the law was mainly enforced against the Chinese miners. The case against Sheriff John Jackson was instigated by the complaint of Ah Koo, who also claimed to be a citizen.
Sheriff John Jackson was found guilty. However, as the The Daily Alta California reported in The Sentence of Sheriff Jackson on 26 Mar 1871 the judge, stating that although he was guilty he was acting under the color of the law, only fined him $20. He also implied that the case could be immediately appealed to a higher court so the legality of the law could be determined.
In the second case, the complainants claimed they should not have pay this tax, as the tax was not collected from white miners (implying white "foreign" miners.) On 15 Dec 1873 the case was ordered nolle prosequi (will no longer prosecute.)
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Daily Alta California, Volume 28,Number 9420, 20 January 1876 |
Charles Green and George M Taylor and purchased theater tickets bur were not allowed to enter the theater and be seated in the seats they had purchased. They claimed this was a violation of their civil rights.
The case of Charles Green was heard and a jury determined that Maguire was not guilty. The judge in this case had excluded testimony that the doorkeeper had acted on orders of Maguire. The jury therefore found that the doorkeeper had acted on his own authority and therefore Maguire was not responsible.
The case of George M Taylor was ordered nolle prosequi on 16 Jul 1877. The book Children of Fire: A History of African Americans by Thomas C. Holt discusses how the second case involving George Taylor helped to gut the Civil Rights Act of 1875.
Links
- Criminal Cases Pt 1
- Accessing Records held by NARA
- SMCGS Blog – NARA Databases an Overview
- SMCGS Blog - Federal Court Cases Pt 1 Pt 2
- Blacks Law Dictionary Online
- More on Foreign Miner's Tax
- California Digital Newspaper Project - Foreign Miner's Tax (303 articles)
- OAC - Foreign Miner's Tax Document
Wednesday, December 7, 2016
San Mateo County Cemeteries: Evergreen
On 5 Nov 1877 Agnes Maria Griffith Tilton filed a description and map with the County of San Mateo for a cemetery that was to be located on land that had been deeded to her husband John Quincy Adams Tilton by George Howard in 1865. The survey describes the land as being on the South Easterly corner of RailRoad and Mount Diablo Avenes. JQA Tilton died in Sep 1869 at the age of 42. Where he was buried before the cemetery was established is unknown. Perhaps he was buried on the family land. It is also possible that his initial burial was on the grounds of the local Congregational or Episcopal Churches. He served on the board of elders of both. Perhaps his grave in Evergreen Cemetery was his original burial place with the cemetery built around him. The Evergreen Cemetery book might provide an answer.
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| Miscellaneous Book 5 Pg 68 The map which was drawn by AS Easton, a brother-in-law of JQA Tilton, shows a beautifully designed cemetery on a little over 13 acres of land. |
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| San Mateo County Official Map Book B p 27 |
The cemetery was mentioned in the 1883 History of San Mateo County.
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History of San Mateo County, California: Including Its Geography, Topography ...
IC Steele, B.F. Alley Publisher 1883
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| Marjorie Boettcher, The Tilton Family, 1 Jun 1939 Monograph SMCHA SM129 |
Not long after the establishment of the cemetery, the town of San Mateo felt the need to expand. The land the cemetery was located on was considered prime real estate.
Less than ten years later the cemetery had been closed and burials moved to St. John's Cemetery, which had been dedicated in 1886 with sections for both Catholic and protestant burials.
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| JQA Tilton Home 1939 38 North Claremont SM The Tilton Family |
Agnes was also struggling to make her boarding house profitable. In 1886 she sold her San Mateo land back to the Howards who turned the land into town lots.
Read More......
History of San Mateo Cemeteries, Michael R Luna, student monograph 20 May 1838 - SMCHA SM80
The Tilton Family, Marjorie Boettcher, 1 Jun 1939 Monograph SMCHA SM129
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