Tag: Caleb Simpkins

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Bisbee Jr. vs. Finlay: Joshua W. Williams and the 1880 Florida Voter Suppression Controversy

William Gainer Williams (1869-1953), oldest son of Joshua W. Williams

Currently, there is a lot of discussion around voting rights and potential voter suppression. Many are anxious to pass the John Lewis Voting Rights Bill in Congress. Sadly, this is an issue that has been of concern for 153 years since the passage of the Fifteenth Amendment in 1870. One case in point revolved around allegations of voter suppression in the 1880 congressional election in various Florida counties.

In Live Oak, Suwannee County, where my family lived, the election came under scrutiny because of allegations of behaviors recognized as voter suppression, and in some cases, intimidation, resulting in many registered voters of color not being able to vote. Their complaints, along with those of others in the state, were significant enough that the Republican candidate, Horatio Bisbee Jr., filed a lawsuit and launched a congressional inquiry. The lawsuit and congressional inquiry were known as Bisbee Jr. v. Finlay. [1]

I gained many insights into the political activism of the community of color in Suwannee County from reviewing the data and testimony of witnesses. Several of the witnesses were Florida Homesteaders and witnesses for the proving up process for other homesteaders.

Elijah Carruthers

Elijah Carruthers was one of the original witnesses for the application for homestead land by my great grandfather, Randel Farnell. He was one of the first witnesses to testify in the Bisbee case.

“My name is Elijah Coruthers. I live about four miles from Live Oak. On November 2, I was living about one mile from Live Oak. I was a registered voter at Live Oak, precinct No. 1. I voted at two Presidential elections, General Hayes’ and General Garfield’s. I did not vote at the regular poll at district No. 1, on November 2, 1880. The way was so crowded when I came at one o’clock in the afternoon, there was about fifty men in the line when I came – that is the crowd I speak of. I did not get no [sic] nearer the ballot box than the corner of the house, and there was twenty-five or thirty behind me when the poll closed who had not voted. A white man by the name of Granger came to the poll with me and got in the line just ahead of me, and he came out and went under the gangway, … and was allowed to vote. He voted the Democratic ticket. … About half hour before sundown W. H. Reding came to the line after he had voted, who is No. 324 on the poll – list, and asked us if we had voted, and we told him no, and he said I have just come and I have voted, and that we may just as well get out for we would not get to vote.  … Mr. Reding was a Democrat. I do not know of any Democrat that did not get to vote, but I know of a good many Republicans that did not get to vote.” [2]

William Evans

William Evans was another of the witnesses on Randel Farnell’s Homestead application who gave testimony.

“I came to the poll at Live Oak precinct, district No. 1, Suwannee County, Florida, about 1 o’clock, and John Fraser came between 4 and 5 o’clock, and went round us from the line and voted, while I did not get my vote in at the regular poll at all, though I had been there since 1 o’clock; I was entitled to vote, being a regular voter: if I had have voted I would have voted the Republican ticket, for H. Bisbee for Congress ; which ticket I did vote in the hall of the court-house at night on the 2d of November, 1880.”[3]

Henry McGee/McGehee

Henry was a Florida Homesteader and a witness for my great grandfather Randel Farnell’s final proof for his homestead claim. Henry told a similar story to Elijah Carruthers’ testimony.

“I was not allowed to vote at the regular poll at said voting place. If I had have been allowed to vote I would have voted the Republican ticket, and H. Bisbee, Jr., for Congress; which ticket I did vote at night, in the hall of the court-house … . I went to the poll about 9 o’clock in the morning and staid [sic] there all day, and did not get a chance to vote. The reasons I did not vote at the regular poll on said election day are the same as those given by other witnesses on yesterday at this examination and also today.”[4]

Other witnesses included homesteader Ned Wilson, and Randel’s half-brother, Henry Farnell. However, for me, the most interesting of the testimonies was that of Joshua W. Williams, my other great grandfather.

Joshua W. Williams

Joshua W. Williams was a Republican “inspector,” or poll watcher for the 1880 election. He was interviewed about the events at the election. He explained in more detail what happened.

“My name is Joshua W. Williams. I was present from 8 o’clock on the morning of the general election on the 2d day of November, 1880, until about 2 o’clock that night, at the Live Oak precinct, district No. 1, Suwannee Count, Florida. I was a Republican inspector at the Live Oak poll. About 9 o’clock in the morning there was a crowd standing in front of the poll window. I was setting next to the window, and about that time there had been about twenty white votes cast and about two colored votes cast, when the colored voters complained that they could not get to the poll on account of there being so many white voters crowding around the window. I spoke to Mr. Blount and Mr. Mosely, the other two Democratic inspectors, and they stopped receiving votes to listen to me. I said that there must be some arrangements made by which one colored and one white man could come and vote together. They said that the sheriff and marshal would attend to that outside, and they commenced voting again. This stopped the voting [for] about five minutes, and the white crowd continued at the window voting until I called the attention of the other inspectors to it the second time. Then Mr. Blount, the Democratic inspector, spoke to the marshal and said, make those men stand back from the window. Then they commenced voting one white and one colored man alternately. Up to this time there had been only two or three challenges. After that almost every colored voter was challenged, which consumed ten or fifteen minutes each until the closing of the poll. About three hours and a half was wasted in challenges by the Democratic representative men. Colonel White and the clerk of the poll wrote the questions and answers. I saw white men come under the banister as policemen and vote any how outside the regular. I saw the policemen take off their badges and give them to citizens so that they might come up and vote out of their regular turn. About the time the managers were going to close the poll I saw a large number of Republican voters who had not voted, and I protested against closing the polls until they voted, but they over-ruled me and closed the polls; some white Democrats outside, before the table was moved back from the window, shoved down the window. (Signed) J. W. WILLIAMS.” [5]

Altogether, eighty-nine men were interviewed and provided testimony. As an aside, it should be noted that unlike Henry Farnell, Ned Wilson, Elijah Carruthers, and Henry McGee, Joshua Williams was literate and could sign his own name. This is not surprising since the 1880 census noted that he was a “teacher.” He would also go on to become postmaster. On the other hand, it is noteworthy that despite illiteracy, these men, and others like them, had registered to vote and showed up ready to vote! In fact, there was a large “colored” electorate. While there were 536 registered white voters, there were also 569 “colored” registered voters. Among them were homesteaders and witnesses, Randel Farnell, Alexander Gainer, Caleb Simpkins, and Isreal Whitehurst, in addition to those already named. [6]

Voter suppression is always about fear, the fear of those who seek to suppress others that they will not be able to compete fairly. Thus, rather than promote a fair agenda and strong candidates which voters could endorse or not, those who fear they will lose control seek to change the rules or break the rules, rather than risk losing control. Despite these efforts to prevent voters from casting their ballots, these “colored” voters, just ten years after being granted the right to vote in the Fifteenth Amendment, were not intimidated and were willing to advocate for themselves by bearing witness to the injustices they experienced.

The unfair treatment of the “colored” voters in precinct one in Live Oak was also witnessed by the sheriff, a white man, W. H. Slate, who stated that he was a Republican. He described how he saw about thirty-five “colored” voters challenged by the Democratic inspectors, grilling them about whether they were sure they were in the right precinct and threatening them with arrest if it was discovered they were not registered in that precinct.

“I am positive that the number [of colored voters challenged] was quite large. This system of challenge on the Democratic side was almost entirely confined to colored voters. I think that I am safe in saying that this challenging and the writing down by the clerk of questions and answers consumed two hours; this is rather under than over the estimate. … I know the most of the colored men that were challenged, and they were regular voters at this precinct, and I think were all entitled to vote. All those colored men were told the law, and that they would be liable to arrest and indictment; this took up a good deal of time. I protested against this frivolous challenging and delays which I have referred to, but it did no good to the inspectors. The Republican inspector, Joshua Williams, would sometimes join me in this protest and some times he would protest against it alone.” [7]

Fortunately for these voters of color, the chairman of the board of county commissioners, George Rixford, a white man and Democrat, also made note of the irregularities and injustices. [8]

“About the time the poll was about to be closed by the inspectors I went in to the room and protested against it, and demanded that the polls be kept open so that every man be allowed to vote. The demand was refused, and, as chairman of the board of county commissioners, I protested against their closing the polls. At the time the poll was closed the line of voters was quite full, and I judged that there was about one hundred voters who had not voted when the polls closed; there was not more than half a dozen white men in this line. … The usual vote at this precinct has been about 450 votes, and at this election the number of votes polled at the regular poll for Congressman was 346” (emphasis mine).

He recommended that a special election be set aside so that those who had been denied the opportunity to vote on the regular election day would be able cast their ballots.  

“I felt so dissatisfied with these men losing their votes that I advised the opening of another ballot-box, which was done after the election was closed, in the court-house hall, where about eighty men cast their votes.”

The suggestion was taken, as referenced by William Evans above. [9]

Thank you, Sheriff Slate and Commissioner Rixford, and all the witnesses who came forward, including my great grandfather, Joshua W. Williams, for standing up for democracy!

References

[1] House of Representatives, Bisbee Jr. vs Finlay, Index to the Miscellaneous Documents for the House of Representatives for the First Session of the Forty Seventh Congress, 1881-1882 (Washington, D.C.: Government Printing Office), Volume 1(11), 765-798.

[2] Elijah Coruthers Testimony, in Miscellaneous Documents, pp. 771-772.

[3] William Evens Testimony, in Miscellaneous Documents, p. 786.

[4] Henry McGee Testimony, in Miscellaneous Documents, pp. 779-780.

[5] Joshua W. Williams Testimony, in Miscellaneous Documents, pp. 775-776.

[6] Miscellaneous Documents, pp. 787-798.

[7] W. H. Slate Testimony, in Miscellaneous Documents, p. 767.

[8] George Rixford Testimony, in Miscellaneous Documents, pp. 783-784.

[9] William Evens Testimony, in Miscellaneous Documents, p. 786.

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#12 Ancestors in 12 months -January, Foundations: Alex Gainer and Our Family’s Economic Foundations

Few things are more foundational than the ownership of property which can become the basis of generational wealth. There is another benefit to ancestral land ownership. Even when land does not pass into all members of the next generation, there is the tradition and normalization of land ownership within the family, which still provides a basis for a family culture and tradition of generational wealth.

My earliest knowledge that my ancestors owned property (other than the home where I grew up) came from my Aunt Lutie, my father’s older sister, Lute Williams Mann. She had been born in the mid-1890s and knew many of the paternal ancestors about whom I write. I was about seven when she first wrote down our family history for me, complete with biblical begats. As part of that story, she talked about the property the family owned in Live Oak, Suwannee County, Florida, where she was born, and spent the first six years of her life, before moving with her family to the New York/New Jersey area.

Lute Odette Williams, circa 1918, “Aunt Lutie”

As Aunt Lutie explained it to me, her grandfather, my great grandfather, Joshua W. Williams, owned a significant amount of property in Live Oak. She drew some simple pencil maps of the property in relationship to other local landmarks. Once I grew up and began my genealogical studies, I learned it was not Joshua who owned the property, it was his wife’s family, his in-laws, one of whom was Alex Gainer, his father-in-law.

Alex Gainer was married to my 2nd great grandmother, Frances. However, he was not biologically related to me. He was not my great grandmother Ellin’s father. Still, he held a position of respect and importance in our family. According to Aunt Lutie, he was born in South Carolina. I have not been able to identify his home community, however, I did note that there was a couple of appropriate age to be his parents in Beaufort, Simon and Cecelia Gainer.[i] Aunt Lutie said Alex had served in some capacity in the Civil War (most likely as a servant in the Confederate army) where he lost a leg, and he had gone to Florida at the end of the war. According to his entry in the Voter Registration of 1867 for Live Oak, he had been in Suwannee County for four months previously. Alex worked as a farmer, barber, and store owner. And he owned land. Quite a bit of land.

In September 1868, the Pensacola and Georgia Railroad sold land in Live Oak, to Alex and his stepson in-law, George Manker.[2] It was just a year earlier that the same railway company had gifted (but also received five dollars from the grantees) George and several other freedmen Lot 6, Block 41, in the town of Live Oak, for the purpose of building a school for the freedmen, where George would be a teacher.[3] Though a “gift,” there were strings. If the land ceased to be used for the purposes stated therein (i.e., a school), the land would revert to the railroad company.[4]

George Manker listed as teacher for Live Oak in Freedmen Education records

In 1870, Alexander and my great-great grandmother, Frances, were listed in the census with their son, Edward.[5] However, Alex and Frances were not formally married until 1874, when they were married by Robert Allen, minister at the Baptist Church, now called the African Baptist Church.[6] Also in the 1870s, Frances would purchase property. In 1871, Frances bought property from her son in-law, George Manker. [7] In 1874, she bought neighboring property from a Sheriff’s sale. [8] However, Alex would not purchase property again until he completed his Homestead claim in 1877.[9]

Marriage Certificate of Alex and Frances Gainer, 4 June 1874

On 11 May 1872, Alex filed his application #5609, for a Homestead claim for 39.89 acres.[10] On the same date, he swore an affidavit stating that he had filed the claim but “by reason of distance” could not personally appear at the land office in Tallahassee.[11] On 14 June 1872, there is a Receiver’s receipt for seven dollars paid to the Receiver’s office in Tallahassee.[12]

Alexander Gainer Homestead Affidavit 11 May 1872

On 1 June 1877, Alex’s witnesses, Caleb Simpkins and Robert Allen (the Baptist minister who married him), gave their testimony on behalf of his claim. [13] They testified that since 14 June 1872, Alex had

… occupied and cultivated and improved the NE ¼ of the SE ¼ of Section 26 Township 2, South of Range 13 East as a homestead from the date above continuously from the date above to the present time, and that this affidavit is made to enable him to complete his title to the said homestead…

Witness Testimony of Caleb Simpkins and Robert Allen, 1 June 1877

It goes on to say that they were unable to go the General Land Office to give testimony “on account of distance and want of means to pay the expenses.” Thus, they gave testimony before the Justice of the Peace, “M. M. Blackburn,” in Suwannee County. They signed by making their mark. An additional sentence was added after their marks saying, “and he has built a house thereon, & cultivated about 10 acres, and made other valuable improvements.”[14]

Alexander Gainer’s Final Affidavit, 14 June 1877

On 14 June 1877, Alex made his final affidavit in support of his claim. He stated that he had settled and cultivated his claimed land since 14 June 1872, that he hadn’t “alienated” the land, that he was the sole owner, and actual settler. He swore that he bore allegiance to the United States (I haven’t seen that in other family Homestead files) “and that I have not heretofore perfected or abandoned an entry und this act.”[15] After paying an additional and final two dollars to the Receiver in the Gainesville office,[16] he received his Final Certificate #1236.[17] Notations in the file indicate however, that final approval was not until 11 May 1878 and the Patent was not recorded until 24 June 1878, in Land Record Book Volume 3, page 26.[18]

Alexander Gainer’s Final Homestead Certificate

Alex did not record the deed with the Suwannee County registrar right away. In June 1886, the Homestead claim was filed in Book J, page 288. However, in the very next entry, “Alexandre Gainer” sold to Justice of the Peace, M. M. Blackburn, the same property, for $500.[19] Alex appeared for the last time in the deed records in January 1887, when he and Frances sold property to her daughter Carry (“Corra”) Manker, widow of George Manker.[20]

My Great Grandmother, Ellin Wilson Wilkinson Williams (1854-1924)

Alex is assumed to have died sometime between 1887 and 1896, when his “widow,” Frances, sold property to James Moore and C. J. Manker, her grandson.[21] Frances is believed to have died between 1896 and 1900. She does not appear in the 1900 census. In 1901 and 1911, daughters, Carry Manker and Ellen Williams (my great grandmother) sold the property bought in 1868 by George Manker and Alex to Jesse Manker, Carry’s grandson,[22] and Mamie Edwards. [23] With that, the last of the wealth in property acquired by Alex and Frances was passed to a new generation along with the recognition of the importance of land ownership as a family value. Thus, despite the fact that none of this land was passed down to any of Ellin’s children or grandchildren, her descendants would become property owners in the communities to which they moved, creating wealth for new generations.

Eastside Memorial Cemetery, Live Oak, Suwannee County, Florida, The old Black City Cemetery is beyond the tree-line

Alex and Frances were most likely buried in the inaccessible Old City Cemetery section of Eastside Memorial Cemetery in Live Oak, where most family members were buried.

References

[1] 1870 U. S. Federal Census, Beaufort, Beaufort, South Carolina; Simon Gainer, head; NARA Roll: M593-1485; Page: 40B. Retrieved from: https://www.ancestry.com/imageviewer/collections/7163/images/4275948_00084?pId=9880735

[2] Pensacola and Georgia Railroad Company to Alexander Gainer and George Manker, Suwannee County, Florida, Deed Book B, page 131. Copy in possession of the author.

[3] “United States, Freedmen’s Bureau, Records of the Superintendent of Education and of the Division of Education, 1865-1872,” database with images, FamilySearch, George Menker, Mar 1868; citing Residence, Live Oak, Suwannee, Florida, United States, NARA microfilm publications M1869. Records of the Bureau of Refugees, Freedmen, and Abandoned Lands, 1861 – 1880, RG 105. (Washington, D.C.: National Archives and Records Administration, 1969-1978); roll 13; FHL microfilm 2,425,920 Retrieved from: https://familysearch.org/ark:/61903/1:1:Q2QP-FPL6 See also:  “United States, Freedmen’s Bureau, Records of the Superintendent of Education and of the Division of Education, 1865-1872,” database with images, FamilySearch, George Menker, May 1868; citing Residence, Live Oak, Suwannee, Florida, United States, NARA microfilm publications M1869. Records of the Bureau of Refugees, Freedmen, and Abandoned Lands, 1861 – 1880, RG 105. (Washington, D.C.: National Archives and Records Administration, 1969-1978); roll 13; FHL microfilm 2,425,920. https://familysearch.org/ark:/61903/1:1:Q2QP-FPB5

[4] Pensacola and George Railroad to Nathaniel Goodman, Samuel Sonesme, Lewis Fields, Alexander Oxham, and George Manker, Suwannee County Deed Book B, pages 134-135. Copy in the possession of the author.

[5] 1870 U. S. Federal Census, Subdivision 9, Suwannee County, Florida; Alex Gainer, Head. NARA Roll: M593-133; Page: 693B; Image: 522; Family History Library Film: 545632. Retrieved from: https://www.ancestry.com/imageviewer/collections/7163/images/4263359_00522?pId=3484546

[6] Florida Marriages, 1830-1993, [Database with images], FamilySearch, Alex Gainer and Francis Gainer, 1874; FHL microfilm 1,940,234. Retrieved from: https://familysearch.org/ark:/61903/1:1:23HY-63R

[7] George Manker to Frances Gainer, Suwannee County, Florida Deed Book C, page 16. Copy in the possession of the author.

[8] Nathan H. Walker, by Sheriff, to Frances Gainer, Suwannee County, Florida Deed Book D, page 77. Copy in possession of the author.

[9] Alexander Gainer, Homestead Final Certificate 1236, 14 June 1877, Bureau of Land Management, General Land Office Records; Washington D.C., USA. Copy in the possession of the author.

[10] Alexander Gainer, Homestead Application 5609, 11 May 1872, Bureau of Land Management, General Land Office Records; Washington D.C., USA. Copy in the possession of the author.

[11] Alexander Gainer, Homestead Application Affidavit, 11 May 1872, Homestead Application 5609, Bureau of Land Management, General Land Office Records; Washington D.C., USA. Copy in the possession of the author.

[12] Linc Wilson, Receiver, Receiver’s Receipt 5609, Alexander Gainer, Homestead Application 5609, 14 June 1872. Bureau of Land Management, General Land Office Records; Washington D.C., USA. Copy in the possession of the author.

[13] Caleb Simpkins and Robert Allen, Witness affidavit, 1 June 1877.  Alexander Gainer, Homestead Application 5609, Bureau of Land Management, General Land Office Records; Washington D.C., USA. Copy in the possession of the author.

[14] Ibid.

[15] Alexander Gainer, Homestead Final Affidavit, 14 June 1877, Homestead Applicati on 5609, Bureau of Land Management, General Land Office Records; Washington D.C., USA. Copy in the possession of the author.

[16] John Varnum, Receiver, Final Receiver’s Receipt, 14 June 1877, Homestead Application 5609, Bureau of Land Management, General Land Office Records; Washington D.C., USA. Copy in the possession of the author.

[17] Alexander Gainer, Homestead Final Certificate 1236, Homestead Application 5609, Bureau of Land Management, General Land Office Records; Washington D.C., USA. Copy in the possession of the author.

[18] Land Office Card, Gainesville, Florida, Alexander Gainer, Homestead Application 5609, Bureau of Land Management, General Land Office Records; Washington D.C., USA. Copy in the possession of the author.

[19], Alexander Gainer to M. M. Blackburn, Suwannee County, Florida, Deed Book J, pages 288-289. Copy in the possession of the author.

[20] Alex Gainer and Frances Gainer to Corra Manker, Suwannee County, Florida, Deed Book K, page 136. Copy in the possession of the author.

[21] Frances Gainer to James Moore and CJ Manker, Suwannee County, Florida, Deed Book S, page 436. Copy in the possession of the author.

[22] Ellen Williams and Carry Manker to Jesse Manker, Suwannee County, Florida, 10 April 1901. Copy in the possession of the author.

[23] Ellen Williams and Carry Manker to Mamie Edwards, Suwannee County, Florida, 27 March 1911. Copy in the possession of the author.