This Article was published in the Martinez News-Gazette on 9/24/2017Picking up Aaron’s story from where we left off, Aaron Rice had sworn out a Writ of Habeas Corpus against William for the enslavement of Nathaniel (Aaron’s son) on Friday August 10, 1860, issued by elected Napa County Judge Pulaski Jacks. According to Farlex’s Free Online Legal Dictionary, “Habeas Corpus is a writ (court order) that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner's release.” William is immediately arrested and forced to appear before the Napa County’s Court of Sessions on Monday August 13, 1860 the first available ordered term. According to the California Research Bureau, “The Courts of Sessions were the earliest county-level courts of record that adjudicated criminal offenses… authorized by the state Constitution.” From the California Constitution of 1850, Article VI, § 8,“There shall be elected in each of the organized counties of this State, one County Judge, who shall hold his office for four years…The County Judge, with two Justices of the Peace, to be designated according to law, shall hold Courts of Sessions with such criminal jurisdiction as the Legislature shall prescribe, and he shall perform such other duties as shall be required by law.” All of the Justices of the Peace from within the county elected the two Justices of the Peace designated as the Associate Justices of that county’s Courts of Sessions for a term of one year. From the 1850 California State Charter 86 § 5, those powers conferred to the Court of Sessions were the ability to hear, “all cases of assault, assault and battery, breach of the peace, riot, affray, and petit larceny, and over all misdemeanors punishable by fine not exceeding five hundred dollars, or imprisonment not exceeding three months, or both such fine and imprisonment.” Here is where it gets interesting, instead of appearing before Judge Jacks who had issued the writ, the case was instead heard by Justice Silas S. Tucker. Who (it should be noted) was not an Associate Justice, had no legal background, and was new to the post of being Napa’s peace officer. Was Judge Jacks docket already full? Why was Aaron’s case not heard then by an Assoc. Justice? Only Judge Jacks had the authority to fill an Assoc. Justice vacancy by appointment, which is perhaps how Justice Tucker came to decide Aaron and Nathaniel’s fate. However, as of today we have found no evidence of this occurrence. Although the official record of the case is presently missing, we do have an account published in the Napa Register on August 20, 1860. It states, “Upon examination, it appeared that the complaint was unfounded, and on the 13th, Mr. Rice was discharged. There was no evidence that he claimed or exercised any authority over the boy in question. The facts seem to be that both Aaron and his son had been slaves of Mr. Rice at the East, and that some engagement had been entered into for their freedom on coming to California, but no coercion was used by Mr. Rice to enforce the agreement against Aaron and his son.” Remember neither Aaron nor Nathaniel by California law could legally testify against William. William could say whatever he wanted, not have it challenged and therefor make it the official record of the incident. Although a casual observer would have been able to tell that William was lying and that Nathaniel was indeed enslaved, Justice Tucker ruled in favor of William. Ironically, William immediately files charges of perjury against Aaron. The Napa Register continues, “On being discharged, Mr. Rice entered a complaint against Aaron for perjury. He was therefore arrested, and on examination before Justice S. S. Tucker, ordered to find bail in the sum of $500 for his appearance at the Court of Sessions.” This means Justice Tucker threw the book at Aaron, by charging him with the stiffest penalty he could, (valued at more than $14,000 today). The History of Contra Costa County by W. J. Slocum & Co. supports the newspaper’s version of events stating William, “…was brought to trial at once, the case was dismissed, and the negro mulcted in costs.” The Napa Register account finishes by stating, “Edward Hatton and Jack Sinclair became bail, and Aaron was discharged from custody.” We suspect Aaron was not in custody long, perhaps just over night, but it had to be disconcerting none the less. Edward Hatton and Jack Sinclair had become good friends of Aaron and his family and obviously were not going to let him sit in jail. They actually agreed to $500 worth of their own physical labor in order to secure Aaron’s freedom. How long Nathaniel was forced to stay under William’s custody is yet unknown. However a month later on September 17, 1860, Charlotte (Aaron’s wife) and Robert (his father) bought a 160 acre farm for $100 from William Russell. Perhaps Aaron was left off the deed to prevent William from retaliating and filling a claim on the property. In any case, it is yet another clear indication that Nathaniel was the only family member of Aaron’s left entrapped. On another note (according to inflation calculators) $100 in 1860 would be worth more than $2,800 today or another way of looking at it $100 today would only be worth $3.50 then. This supports our theory that back in July (when they were visited by Rev. Starr King) they didn’t give their monies to William to purchase their freedom. Instead they declared themselves free, invested those monies in themselves and their new fresh start. Back then raising $100 (above and beyond what they would need to cover their living expenses) would have been nearly impossible in that short of time with the limited opportunities available to them. Despite their obvious setbacks, Aaron’s family forged ahead and made a life for themselves in the Great State of California. Lastly the Court of Sessions was abolished by the state legislature with the passage of the 1863 California State Charter 260 §§ 47-53, 89. It replaces them with County Courts, which we know today as our Superior Court system. Judie & Joseph Palmer are two of the founding members of the Martinez Cemetery Preservation Alliance (MCPA) and the Potter’s Field Project. Both have a passion for discovery, history, genealogy, anthropology and archaeology. For more info, please visit our website MartinezCemetery.org. Do you have a Potter’s Field story to tell? We welcome any pictures or information regarding the Alhambra Pioneer Cemetery or its Potter’s Field. Please email us at [email protected] or call us at (925) 316-6069.
Chinese Cemetery Field TripOn Sunday, September 10, our volunteers were given a special invite to visit three Chinese Cemeteries in the South Bay. We started in South San Francisco with our hosts Sonia Ng, Roland Hui, and Norman Cheng giving us an exclusive peek into their cultural traditions and practices. We learned that there are three main structures to a Chinese Cemetery outside of its grave markers, the funerary burner(s), the altar(s), and a monument to the Earth God. This invaluable information will help us rebuild the Alhambra Cemetery Potter's Field Chinese Funerary Burner(s) and Altar(s). Ancestral Honor RitualAt the second cemetery in Colma, Sonia demonstrated the Chinese tradition of the tomb sweeping ritual to honor their ancestors using the Altar\mass grave for unknown Chinese-American remains found recently in San Francisco. The ceremony begins with a bow facing the altar, then with the burning of incense (usually Joss Sticks in a grouping of three). An offering of freshly cooked chicken and pork along with fruit (of any type) is placed on the altar. Next, a favorite wine or liqueur is poured into three cups, and then spilled onto the altar to allow the ancestors to drink it. Every person who attends the ceremony repeats the ritual of filling the cups and spilling them onto the altar. Lastly, the ancestors would consider it an insult if the food was not then shared and consumed by those in attendance as they reminisce fondly of the person or person(s) they are honoring. Funerary Burner & Altar ExamplesWe were shown an array of many altars and burners, especially at the large Six Mountains Cemetery in Daly City. Burners are never placed in front but always to the side or a short distance from the altar for burning paper imitations of money, I phones, cars, computers, etc., that their ancestors can use in their afterlife. Each altar and burner is associated with a specific clan, behind which their members are buried. It is interesting to note that the more prestige, money, and size a clan has the more ornate and elaborate their altars and burners become. We also found alter\burner combinations located at both the bottom and the top of their clan section. Archaeology DayIt was another grand archaeology day at Potter's Field, this past Saturday, September 16. Fortified by information we learned from the three Chinese Cemeteries, we eagerly began our next steps in rebuilding the Chinese Funerary Burner. After the experts consulted with each other, volunteers were divided into groups for excavating bricks, sifting for possible artifacts, and removing mortar. Refreshments of water, various fresh fruits, and healthy trail mixes kept the body and morale up for the day. With the new trail opened for cyclists, many stopped by for the first time. Once their questions were quenched with nourishing answers, some donated to this fine enterprise. Bricks and CleaningThe auspicious job takes a great deal of patience and tenacity. Several volunteers dedicated themselves to this meditative Zen task, including Fremont brick expert, Dan Mosier, who only occasionally came up for air. He went on to give us a mini lecture on how our bricks were made and by whom. We actually discovered samples from four different manufacturers and periods contained within our brick pile. One sample from the late 1800's was made by hand utilizing wooden molds that left a wood grain look to the finished product. Sifting For ArtifactsLike taking lumps out of flour, volunteers sifted through the earth with diligence utilizing the excellent tutelage from our two archaeologists Sean Dexter (hailing from Martinez) and Shauna Mundt (from the City of Concord). However, not much of an artifact to write home about, a fish vertebra was found in the dirt surrounding the burner! Besides being a sea port, many of the Chinese worked in the Martinez cannery in the 1800's. It would only be natural for them to offer fish to their ancestors. Like the miners who found gold in California, our volunteer sifters earthen faces were still smiling! Excavation ProgressMuch was accomplished with shovels in hand. Volunteers carefully moved the earth around the burner while others chipped and pride apart chunks of brick like peanut butter from white bread. After the last exciting discovery of finding the brick chambers, excitement came again when the bottom seemed to be reached. Nevertheless, like the Roman temple ruins or the chambers of an Egyptian pyramid, there were even more layers beneath! What mysteries will we find next? Stay tuned to find out...
We wish to offer special thanks and recognition to all of our dedicated volunteers and experts who participated in Saturday’s Archaeology Day and our special field trip: Lisa Adkisson, Norman Cheng, Dawn Curren, Sean Dexter, Roland Hui, Carolyn Mac Kenzie, Dan Mosier, Shauna Mundt, Sonia Ng, Christian Rousset, Karen and Ray Wallace, Della Washington, Bili and Matthew White. Without these fine folks, there would be no project. For more information on the Martinez Historical Society’s - Potter’s Field Restoration Project, please visit our website MartinezCemetery.org. Do you have a Potter’s Field resident story to tell? We welcome any pictures or information on anyone or anything regarding Potter’s Field. Please email us at [email protected] or call us at (925) 335-9396. To find out more about Martinez and Contra Costa County history: Martinez Museum – 1005 Escobar Street, corner of Court Street. Open Tues and Thurs 11:30 a.m. to 3p.m. First 4 Sundays 1-4 p.m. 925-228-8160; www.martinezhistory.org. Contra Costa County History Center – 610 Main Street, Martinez. Open Tues through Thurs, 9 a.m. to 4 p.m.; 3rd Saturdays, 10 a.m. to 2 p.m. 925-229-1042; www.cocohistory.com This Article was published in the Martinez News-Gazette on 9/3/2017When last we wrote, Aaron and his family decided on freedom, but Nathaniel was still entrapped by William Rice. William, like any other post Southern slaveholder, would have many reasons for wanting to find a way to keep their slaves. California was perfect for year round farming of wheat due to its need for little water, rich soil and perfect temperature. Other motives were more acquisitive: low cost labor made profits higher. Post southerners also believed that pro-slavery democrats would remain in office and continue to loosely enforce California’s Constitution against slavery. Since the majority of slaves were prevented from becoming literate when they lived in the South, it was then easy for slaveholders to prevent them from knowing they were free. Many slaveholders promised their slaves freedom for a price. In Aaron’s case, he might have been given a garden plot to grow and sell his own produce. Or worked for someone else on his off day (Sunday) and kept the money. Or rented himself out under the Hiring-out System for a small portion of the money. In California, many slaves were told of its constitution and laws regarding slavery via other free blacks or abolitionists, such as Rev. Thomas Starr King. Most likely it was Rev. King, who informed Aaron, his family, and the other slaves of their rights during that fateful meeting in April of 1860, that they were already free and didn’t have to purchase their freedom from William. The fact that Aaron’s wife Charlotte and father, Robert purchased land from William Russell on September 17, 1860 only a few months after their meeting, supports this theory. According to the account published in the History of Contra Costa County by W. J. Slocum & Co., William still felt resentment for Aaron’s exit, “In April, five of the six Negroes that Mr. Rice had brought across the plains with him, left him, and afterwards the last, with his son, wished also to severe his connection with his benefactor.” His Southern attitude can be further explained in C. W. Harper’s article, Black Aristocrats: Domestic Servants on the Antebellum Plantation, “Usually the white family looked upon desertion by a favorite domestic as a personal insult to the family.” In one case, Harper states, “Robert Phillip Howell's servant, Lovet, disappointed him more than any of them. “He was about my age and I always treated him more as a companion than a slave. When I left I put everything in his charge, told him that he was free, but to remain on the place and take care of things. He promised me faithfully that he would, but he was the first one to leave…”” In 1860, it was a disunited time for California and our country, with the 1860 U.S. Census caught in the middle of it. Dr. Olson-Raymer states, “By 1860, California's black population was 4,000. After the constitutional ban on slavery and the admission of California as a free state, blacks in California were technically free. However, the California Fugitive Slave law of 1852 left blacks in an ambiguous status - they were neither slave nor citizen in California.” Local and congressional favoritism would flow from the results and handling of the census. U.S. Marshals would assign assistant marshals to canvas the population in their territories. Melissa Jacobson accurately describes California census taking in her article, The “MO” 1850s Census Mystery (published in the Martinez News-Gazette, December, 2012), “Until 1960 the census takers went door to door, and in 1852 it was done this way as well -- except on horseback and probably by boat.” From the US Census taken on July 12, William is listed as 46, living in Napa City in Napa County, farmer, with a personal estate of $14,225. Additionally listed within his household are his family and Aaron’s oldest son Nathaniel 14 as servant. From the US Census taken on July 23, Aaron, his wife Charlotte and their youngest son Louis are also counted by name for the first time, living in Napa with no personal wealth listed. They are listed as Aaron 45 day laborer; Charlotte 48 servant; Louis 12 (who was actually 10). According to an essay by Diane L. Magnuson at IPUMS USA, “The pre-eminent concern for discussants at the time was whether partisan loyalties would lead these officials to falsify returns to affect apportionment, swelling the count in areas where their parties held sway and purging the rolls elsewhere.” Due to pro-slavery Californians, along with the effects of the Fugitive Slave Law still lingering, concerted efforts were made to affect the results by attempting to limit the number of African Americans counted and other such actions. Perhaps this explains why we cannot find Robert and Dilcy’s enumeration, as they might have remained with William (to protect their grandson) who prevented their Census inclusion. It is our belief that after becoming free, Aaron’s family decided to continue working for William and his family for payment of services rendered and to prevent the California Fugitive Slave Law being used against them. However, William refuses to pay Nathaniel. Believing that his family was done with William’s bondage contracts, Aaron finds the courage to legally challenge him, despite the law preventing their testifying against a white man, the looming fear of potential imprisonment, or excessive fines. The August 20, 1860 Napa Register writes, “Almost an “Archy Case” at Napa.--The Napa Reporter says: On the 10th August, Aaron Rice, a colored man, swore out a habeas corpus, declaring that his son, a boy of 17 or 18 years, was unlawfully restrained of his liberty by William Rice, who resides in this valley, and that the latter claimed said boy as a slave. The writ was granted by Judge Jacks, and Mr. Rice arrested.” Aaron could not have found a better judge than the Honorable Pulaski Jacks. As written previously, Delilah Beasley describes in her 1819 book, The Negro Trail Blazers in California, “California Reports, No. 2, p. 424: “By the set of April 20, 1852, the power of hearing and determining writ of habeas corpus is vested in the Judge of every court of record in the State. The final determination is not that of a court, but the simple order of a Judge, and is not appealable from or subject to review.” Judge Jacks was a Republican and thereby most likely an abolitionist sympathizer born in the free state of New York on December 14, 1812. As a young man he started out selling watchcases and jewelry. He brought his family to California during the gold rush to continue his occupation as a jewelry merchant and started a business in San Francisco, “Pulaski Jacks & Co.” with his two brothers, William and Hamlet. According to the U.S., Selected Federal Census Non-Population Schedules, 1850-1880, ending the year in June 30, 1860, Judge Jacks owned 100 acres of farmland in Napa. With William’s immediate arrest, Aaron Rice becomes the first of four known formally enslaved African-Americans to charge their former masters in court in the great State of California… Judie & Joseph Palmer are two of the founding members of the Martinez Cemetery Preservation Alliance (MCPA) and the Potter’s Field Project. Both have a passion for discovery, history, genealogy, anthropology and archaeology. For more info, please visit our website MartinezCemetery.org. Do you have a Potter’s Field story to tell? We welcome any pictures or information regarding the Alhambra Pioneer Cemetery or its Potter’s Field. Please email us at [email protected] or call us at (925) 316-6069. |
AuthorsJudie & Joseph Palmer are two of the founding members of the Martinez Cemetery Preservation Alliance (MCPA) and the Potter’s Field Project. Both have a passion for discovery, history, genealogy, anthropology and archaeology. Archives
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