The Trial of Joseph Atzeroth: How Americans viewed immigrants in 19th century

As a historian, our job is to study history, but it is also important to do so knowing the social, economic and political climates of the period we study. To many, the Atzeroth trial may seem just like any other trial. One might even seem confused as to why the court and jury accepted testimony from an individual who admitted to dislike the defendant. But after learning about the cultural views of the 19th century in regards to immigrants, it helps us analyze the results from the case. By knowing the political climates, one can see how an individual such as Joseph Atzeroth could be ostracized from a community.

The 19th century marked a large turning point in the history of the United States, both culturally and economically. The industrialization movement flourished in large cities, while other areas flourished in a rural lifestyle. With the Armed Occupation Act of 1842, American citizens were traveling to new vast wilderness where they settled their own homesteads.

Between 1815 and 1860, the United States also saw a new wave of people through immigration. Traveling to major port cities, these individuals were fleeing civil unrest, unemployment and other hardships in their native lands, a process that is still on going today. The 1840s saw an influx in German immigration into the United States, many in search of farm land and work.

With this rapid surge in population from immigration, acceptance from U.S. citizens was lacking. During the 1840s, the United States was in a period of economic depression, and nativist political parties, the Know Nothings Party, or American Party, began to grow. These groups opposed immigration for various reasons, but most were due to a believed “threatened way of living.”

Many Americans feared losing low-paying jobs to immigrant workers. German immigrants were often disliked throughout the mid-19th century, with many supporting the abolitionist movement and opposing slavery. The 1850s once again saw a return to the nativism movement with both state and presidential elections. In 1854, nativists won control of many state governments. Two years later, former President Millard Fillmore ran as the American Party candidate for president, boasting many anti-immigrant themes.

These anti-immigrant views caused a divisive political landscape, and even affected rural areas such as Florida. In the race for Florida governor in 1856, David S. Walker loss the election by fewer than 400 votes. A former member of the Whig Political Party, Walker eventually became a member of the American Party. After this loss, Walker became a justice on Florida’s Supreme Court from 1860 to 1865. While Walker lost, one can deduce that many settlers in Florida shared the same anti-immigration views so popular with the rest of the state.

This helps provide a background for the court case of Joseph Atzeroth vs. the Circuit Court of the State of Florida. Joseph Atzeroth (1804-1871) was a German immigrant who spoke little English, and settled in Manatee County with his wife Julia, and their daughter Eliza. The first settlers of Terra Ceia Island, Atzeroth and his wife, both Lutherans, owned and operated a store before moving to Tampa. The Atzeroth family had difficulties receiving the patent on the original land they had settled under the Armed Occupation Act. In 1851, they moved from Tampa back to Manatee County, where they bought land belonging to Mr. Reese in modern-day Palmetto.

In September 1858, Joseph Atzeroth was charged with altering a brand of an animal and was sent to circuit court in the fall of 1859. During the earliest days of Manatee County, trials were held as part of the Southern Circuit Court of Florida. Judges from Tampa would travel to the seat of Manatee County twice a year, in the spring and fall, to oversee court cases.

On Nov. 7, 1859, Atzeroth went to court for the fraudulent altering of a cattle brand on a cow, worth $5, belonging to the estate of Asa Goddard. During the 19th century, Florida was still a “free range state,” meaning cattle were allowed to roam freely onto other people’s land. Cattlemen used brands, ear notches and dewlap marking to help identify their cattle, with each brand being registered to an individual person. Since the cattle industry was so important to the economy of Florida, changing a brand was considered a serious offense.

Though Atzeroth pleaded innocent, two witnesses testified against him, while his teenage daughter Eliza spoke for the defense. Transcripts of the trial show one of the witnesses being cross-examined, and even admitting to holding a grudge against the defendant. This same witness, who claimed that the cow was stolen, also admitted to having Eliza Atzeroth write a bill of sale. The jury still found the defendant guilty of the crime. He was fined $200 for altering the brand, ordered to pay $10 for court fees, and had a bond set at $420. The defendant’s appeal to the Florida Supreme Court was eventually denied.

In order to pay the many fines, Atzeroth needed to mortgage his property, and did not receive the deeds until 1870.

To learn more about Joseph Atzeroth’s descendants, come listen to author Cathy Slusser unveil her new book, “Caroline’s Story,” the third in her From a Heavenly Land trilogy, at 5 p.m. Friday at Manatee Village Historical Park, 1404 Manatee Ave. E. in Bradenton.

This story was originally published November 15, 2016 at 11:12 AM with the headline "The Trial of Joseph Atzeroth: How Americans viewed immigrants in 19th century."