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Subject: COL THOMAS BAKER Hi All: Intend to send part of an article and see if there is an interest. If so then will send remainder. We have permission from Chris Brewer, Historian and great grandson of Col. Thomas Baker to put this on our lists. Story of the 1862 Arrest and Trial of Col. Thomas Baker for Treason Baker's second significant mention in 1862 was in October after a talk he gave in Visalia. The San Joaquin Valley south of the San Joaquin River was notorious for its southern leanings. So significant was the Southern-leaning population that a post was constructed northeast of Visalia called Camp Babbitt. The San Francisco papers front paged a story of how the col's political activities got him into trouble, so much so that he was arrested by U. S. Marshall Rand in San Francisco for treason. Baker, as a good Democrat and believer in State's Rights frequently voted with the " peace party " during his Senate career. Because of this and the comments he made, Baker was regarded as a Confederate sympathizer. The Daily Alta California on August 19, 1862 in an article on the new state senate listed Baker as a Secessionist, one of four holdover senators. Interestingly enough, of the 22 holdover senators, there were only five " Union Democrats" and 13 Unionists. It is important to note the change in political climate in California. Baker had delivered an oration in his home town of Visalia, a hotbed of pro-Secessionist activities and his slant was so obvious that the Visalia paper had written, " It was of the most treasonable character as such as if made use of, should consign Baker to Alcatraz for life". Following such publication, Col. Baker denied having made t he speech at all, all the while reaffirming his loyalty to the Union. Even so while he walked across the street from the United States Marshal's office, Marshal Rand himself accosted Baker, asking that he accompany him. This was in October , and after questioning the Marshal released him without bail, convinced of Baker's sincerity. Baker took the loyalty oath and under oath declared that he was loyal to the government in Washington. Because of such assurances of loyalty, he was allowed his freedom on his own recognizance, with his proviso that he answer to the charges in Visalia. A news article in the Sacramento Union of that date declared flatly that Visalia's senatorial representative was arrested for " treason against the Government, adding that he was considered a " rebel sympathizer" along with others of like bent he would probably be incarcerated at Alcatraz for the fruition of the hostilities. The Sacramento Union was accurate in its prediction of Bakers fate, as soon after, Baker was rearrested, an account of which action appeared in the Visalia Delta of October 30, 1862. The charge against him at the time of the second arrest was that he was guilty of " discouraging enlistments in the United States Army and for uttering treasonable sentiments. " When Baker indicated his willingness to accompany Powell, but requested some time to prepare, Powell paroled him for a couple of hours to do so. At nine o'clock, as agreed upon, Baker was quietly placed in a buggy and driven to Camp Babbitt, where he was surrendered into the custody of Col. Evans, commander. Baker requested release on what he termed his "parole of honor;" but Evans, stating he lacked the authority to grand such a request, refused. At this point, Baker produced military orders from General Wright, commander of the military department of the Pacific, and gave them to Col. Evans, who even after reading them, held Baker in custody. Baker was to remain in the guard house until the following Monday, but requested a trail the next day, October 30. The trial took place and the results were forwarded to General Wright, in San Francisco. He was tried by a military board, and spent the intervening day in the camp's guard house. The Equal Rights Expositor published a wonderful scenario of the trial and it's results. It published an editorial which demonstrated its position on the issue. It is important to realize the position the Equal Rights Expositor took at the time of the War between the States. The paper professed to be a State's Right's advocate, taking the position that the Southern states had the right to remove themselves from the Union. This, of course, made them the paper of the Southern movement, whether they actually were or not. The Expositor also published the lengthy letter of Dr. Webb, who was the original protagonist in the Baker issue. It seems, though that Webb had a complete change of heart in the issue and recanted his accusations of treason. Instead, he was able to rationalize that Baker was too strong a believer in State's Rights, thus was carried away with zeal on the issue. Whatever the case, between Webb's letter, the note from Baker which followed, and the information made available at the time, Baker clearly was not the treasonous villain as described in the Visalia Delta and Alta California. There were six or eight separate charges preferred against Col. Baker, Col. Baker spoke for three hours and twenty minutes. Some said it was intended to stir up a rebellion or revolution, but it is said Col. Baker never said one word in that speech to excite rebellion, or to resist the laws of the land, or in opposition to the Union. His speech was directed at peace, and quietude, and submission to the powers that be. Baker's speech was intended to demonstrate the sincerity and honesty of the south in their course of action. Baker also stated that if he were in the South, trained and educated as they were, he would do exactly as they did and it was in this light that he heartily approved of all that the South. His interpretation of the constitution in his speech was the interpretation of Thomas Baker, Southerner, not Thomas Baker Northerner. It was said the reason for the arrest of Baker was to keep him out of the California State Senate in the next term. This was supposedly to allow Black Republican candidate to get into the United States Senate. Many felt Baker was so strong a States Rights man that he often let the concept eclipse his belief in Federal Rights. He made the comment on numerous occasions, that state sovereignty should be maintained and defended. Yet he still believed they all should be united in one body for mutual protection against invasion for revenue or the national currency, and postal arrangements. He was adamant that the rights guaranteed by the constitution to the states should never be infringed upon. Sounds like Union doctrine. Immediately after his acquittal, Col. Thomas Baker too the oath of allegiance. After the trail and release of Baker, The Visalia Delta of Nov. 6, 1862, printed a highly scurrilous story about Baker and his accusation and arrest. The Delta was a Union paper with no sympathies for any Democrat who may waiver from support of the cause. Baker was indeed a States Rights advocate and better than that, he was an honest one. He believed in the truth and his right to speak out on the issues that were pertinent to the community. In the same issue of the Expositor, Baker's note to the editor was published. It clears up some mystery of the issue published in the Visalia Delta about his arrest and incarceration: The Expositor published the following notice at the time of the trial. " As the best evidence of the utter falsity of they Delta's foul slander upon the military authorities in connection with this trial we submit to the public the following" A CARD FROM COL. BAKER Editors, Expositor I have never noticed a single article or sentence published against me in the abolition sheet ( The Delta ) but since it has made such an unwarrantable attack upon honorable and high intended officer of our army, to wit - - General Wright and Lieutenant Colonel Evans, in connection with my imprisonment upon a charge of treason, I feel it my duty to notice it. I do, therefore, most positively assert that the whole charge is unfounded and exists only in the malignant and fruitful imagination of its editor, so far as the officers are concerned. General Wright in my left and the communication to Col Evans of which I was the bearer was simply authority to Col. Evans to take the testimony in relation to the charges against me. (signed) Thomas Baker, Visalia, Nov 7th, 1862. The Equal Rights Expositor on November 8, 1862 published information from Dr. Webbs letter with demonstrated the fallacy of the charges against Baker. Webb was one of the original complainants to the charges against Baker. The Expositor also published an editorial which shed the democratic light on the case. The editor was clear in his leanings toward the southern cause. He also appears to have reported an accurate description of the events of the day. The Visalia Delta on the other hand failed in its obligation to accurately report the news preferring to lay out a story full of deceit and fabrication. The whole issue was clearly a political one with the Whigs or Republicans many would say Black Republicans ) on the side of the Union and the Democrats on the other side favoring either the secession rights of the south or as with Baker the rights of the states. Either way terrible turmoil was inevitable and the case of treason against Baker was not an isolated one. It would appear that General Wright was a temperate soul when it came to political prisoners during the war, as soon after the Baker incident he issued orders for all political prisoners to be released. The Delta appears to have had a fairly firm opinion as to what out come they wanted. As if that weren't enough for Baker to have fully exonerated and those who charged him embarrassed on November 20 the Delta published another article on the subject. This more or less brought an end to the issue and to Baker's desire to live in Visalia. He soon found his interests being drawn to the south valley where living was more unrestrained. Once winter has passed Baker began the process of relocating to the Kern Island, or delta area. End
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