IMAGE EVALUATION
TEST TARGET (MT-S)
/.
'<6 „ mp
1.0
I.I
iiiin o
IIP
io Hill 2.0
SiS lllllU
1.8
1.25 1.4
|l.6
■* 6" —
►
HiotDgraphic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, N.Y. 14SB0
(716) 872-4503
iV
^N,
■^
<>
-^
<?
/>
*
Ci^
^
<>
''q,^
.*' 4>#^ i
V
c
^1
CIHM/ICMH
Microfiche
Series.
CIHM/ICMH
Collection de
microfiches.
Canadian institute for Historical IVIicroreproductions
Institut Canadian de microreproductions historiques
1980
Technical and Bibliographic Notes/Notes techniques et bibliographiques
The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographically unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.
D
D
D
D
D
D
D
D
Coloured covers/
Couverture de couleur
I I Covers damaged/
Couverture endommagde
Covers restored and/or laminated/
Couverture restaurde et/ou pellicul6e
I I Cover title missing/
D
Le titre de couverture manque
Coloured maps/
Cartes gdographiques en couleur
Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)
Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur
Bound with other material/
Re\\6 avec d'autres documents
Tight binding may cause shadows or distortion
along interior margin/
La reliure serr^e peut causer de I'ombre ou de la
distortion le long de la marge int6rieure
Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajout6es
lors d'une restauration apparaissent dans le texte,
mais, lorsque cela 6tait possible, ces pages n'ont
pas 6t6 filmies.
Additional comments:/
Commentaires suppl^mentaires;
L'Institut a microfilm^ le meilleur exemplaire
qu'il lui a 6t6 possible de se procurer. Les details
de cet exemplaire qui sont peut-dtre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mithode normale de filmage
sont indiqu6s ci-dessous.
D
D
D
D
D
Coloured pages/
Pages de couleur
Pages damaged/
Pages endommag^es
Pages restored and/or laminated/
Pages restaurdes et/ou pelliculdes
Pages discoloured, stained or foxed/
Pages ddcolordes, tachetdes ou piqudes
Pages detached/
Pages ddtach^es
77 Showthrough/
Transparence
I I Quality of print varies/
n
Quality in^gale de I'impression
Includes supplementary material/
Comprend du materiel suppldmentaire
Only edition available/
Seule Edition disponible
Pages wholly or partially obscured by errata
slips, tissues, etc.. have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6t6 film^es A nouveau de fagon d
obtenir la meilleure image possible.
This item is filmed at the reduction ratio checked below/
Ce document est fiim6 au taux de reduction indiquA ci-dessous.
IPX 14X 18X 2X
I I I I I I I I I I I I |y|
26X
30X
12X
16X
20X
24X
28X
32X
The copy filmed here has been reproduced thanks
to the generosity of:
Library of the Public
Archives of Canada
L'exemplaire filmA f ut reproduit grAce d la
g4n4rosEt6 de:
La bibliothdque des Archives
publiques du Canada
The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.
Las images suivantes ont it6 reproduites avec le
plus grand soin, compte tenu de la condition et
de la nettet^ de l'exemplaire film6. et en
conformity avec les conditions du contrat de
filmage.
Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.
The last recorded frame on each microfiche
shall contain the symbol —^(meaning "CON-
TINUED"), or the symbol y (meaning "END"),
whichever applies.
Les exemplaires originaux dont la couverture en
papier est imprimde sont film6s en commenpant
par le premier plat et en terminant soit par la
dernidre page qui comporte une empreinte
d'impression ou d'illustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
originaux sont film6s en commen^ant par la
premidre page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la dernidre page qui comporte une telle
empreinte.
Un des symboles suivants apparaitra sur la
dernidre image de cheque microfiche, selon le
cas: le symbols •-^- signifie "A SUIVRE", le
symbols V signifie "FIN".
Maps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, as many frames as
required. The following diagrams illustrate the
method:
Les cartes, planches, tableaux, etc., peuvent dtre
filmds d des taux de reduction diff6rents.
Lorsque le document est trop grand pour 6tre
reproduit en un seul cliche, il est film6 d partir
de Tangle supdrieur gauche, de gauche A droite,
et de haut en bas, en prenant le nombre
d'images ndcessaire. Les diagrammes suivants
illustrent la mdthode.
1
2
3
1
2
3
4
5
6
H
THE WORKS
OF
HUBERT HOWE BANCROFT.
laaii
THE WORKS
HUBERT HOWE BANCROFT.
VOLUME XXXV.
CALIFORNIA INTER POCULA
SAN FRANCISCO:
THE HISTORY COMPANY, PUBLISHERS.
1888
Entered according to Act of Congress in the year l«ss, by
HUBERT H. BANCROB r,
In the Office of the Librarian of Congress, at Washington.
All Rnjlitx lieserveil.
PREFACE.
So full of oddities, and crudities, and stranjjfc devel-
opments, consequent upon unprecedented combina-
tions of nationalities, characters and conditions, were
the flush times of California, that to condense them
into the more solid forms of history without to some
extent stilling the life that is in them and marring
their origuiality and beauty is not possible. There
are topics and episodes and incidents which cannot
be vividly portrayed without a tolerably free use of
words — 1 do not say a free use of the imagination.
Much has been written of the Californiar Inferno
of 1840 and the years immediately following, nmcli
tliat is neither fact nor fable. Great and gaudy
[)ictures have been painted, but few of them bear
nmch resemblance to nature. Many conceits have
been thrown off by fertile brains which have given
tlieir authors money and notoriety ; but the true
artist who, with the hand of the master drawing from
life, places before the observer the all-glowing facts,
unbesmeared by artificial and deceptive coloring, has
yet to appear.
No attem[)t is made in these pages to outdo my
predecessors in morbid intensifications of the certain
phases of society and character engendered of the
times. They contain simple sketches and plain de-
scriptions, historical rather than fantastical, with no
effort toward effect.
(V)
■ri
TI
Til
THl
It
CLA£
SAN
CONTENTS OF THIS VOLUME.
CHAPTER I.
THE VALLSr OF CAMFORNIA
PAGE
• . . I
<'HAPTER ri.
THREE CENTURIES OK Wir n r.i,, ..
WILD TALK ABOUT GOLD IN CALIWIRNIA
CHAPTER III.
FURTHER RUMOK.S OF THE EYr^TPVi.i. ^»
XH. PISCOVEBV JZZZ ' '!"'' " ™H-A PRIOR ro
CHAPTER IV.
AFFAIRS ABOUT THE COLOMA SAW-MILL
. . 25
44
I>URINQ THE SPRING OF 1848 . 62
CHAPTER V.
THE JOURNEY OVERLAND
CHAPTER VI.
89
THE VOYAGE TO CAU«,RNIA_NEWVORK TO CHAORES. ..... ,0,
CHAPTER VII.
THE VOYAGE TO CALIFORNIA-ISTHMUS OF PANAMA
CHAPTER VIII.
THE VOYAGE TO CALIFORNU-PANAMA TO ...N fr^.cISCO
CHAPTER IX.
EL SOSAOO
CHAPTER X.
CLASSICAL ABNORMITIES
SAN FRANCISCO ,
CHAPTER XI.
(V)
155
190
225
248
260
** CONTENTS.
CHAPTKR Xir.
'*"'■"'•■"• .294
('JIAITKR XIIJ.
KUKTIIKR AIlNUKMiriKS „.-
CHAI'TKR XIV.
BUSINESS. ...... „„,
CHAI'TKR XV.
ILLt'sniATIONS OF LIKE ANK CUAKAtTKII gjM
CHAI'TKR XVI.
A.MO.N(l THE MINEIW ^g.
CHAPTER XVII.
SgUAn'ERISAI „^p
CHAI'TKR XVm.
PACIFIC COA.ST PRISONS .,,,
CHAI'TKR XIX.
SOME INDIAN EPISOlJIOS ^.jg
CHAI'TKR XX.
SOME CHINESE EPISODES gg,
CHAPT) .1 XXI.
COURTS OF JUSTICK AND COURT SCENES. . ROo
CHAPTKR XXII.
DRINKING ggg
CHAPTER XXIIl.
GAMBUNG go-
CHAPTKR XXIV.
DUELLING ^o.
CHAPTER XXV.
TALKS OF THE TIKES ^gg
. 315
. :m
CALTrORiSTIA
INTER POCULA
. 734
. 785
('•
CHAPTER I.
THE VALLEY OF TALIFORXIA.
Horteuaio peaco, thou knowest not gohVH .effect.
— Tamiiiij of the ,^?>r«»r.
tur^- Pnlif"^'"-' ''•™';'' '""' ''™™«' SehoUl tl>0 ni
turo, Calitoniia in lier cups I ^
Onco Jong ago sailors thought to hold in tlioir Pm
brac^ the god Bacclms, whon" they carried fn «
Z c r ''' t 'r '^"^ 'r^ while!" buV^;::;.::;
tlie god awoke he caused vines fn fw;»r +i i
early to California tSintl cZ^'L^'L';.;?'.''
.er of her treasures, but wte theuSes'^C^'"''
tive, fallins on destruction P'
Yet swiftly as this chaff of immigration was swent
away, nierclessly as California frowned o many si
was not so .nuch to bla.ne, although for a br efVace
she played the bacchante, for she was ha,ll J tJ i
worse than Pcntheus, wh^ from nSg ^'pl^^ ^^^'r*:^;
'''""^r,!:rrv''<' '''^™'--'' '-5hii.g.st«ro"
9 - THE VALLEY OF CALIFORNIA.
the avenging deity, and bereft of sense was led
tlirough the city in female apparel, stricken with
mania, with a doulle sun and a double Thebes before
his eyes, finally to be torn to pieces by women. First
of all she was made to reveal her mystery, held sacred
to the memories of time; for which extortion, like
another Pythia, she was placed upon a tripod over ,
the chasm Cassotis, and for a Delphic temple choos-
ing the snow-powdered Sierra, and for the mephitic
exhalations the less offensive incense from odorous
pines.
Native to sublim.ited airs and all-engendering sun-
shine, her intoxication partook more of youthful revels
than chronic intemperance; nevertheless, thou wast
drunk, California, as thou well knowest; as drunk as
Agave when tearing in pieces her own son whom she
took for a lion's cub. Thine hills were drunk from
the fruit of their own vines; and in the great valley
was heard the sullen roar of hell echoing hollow on
the ear. All this was exceedingly disgraceful, and
especially repulsive in young and lovely woman ;
whereat, toward the immaculate east, conventional
spinsters of untried chastity blushed and hung their
heads, though never refusing to receive the fruits of
sin.
Between two mountain systems stretches the valley
of California, an elliptical, trough-like plain, five hun-
dred miles in length by seventy-five in width ; a vast
amphitheatre, from whose arena circling terraces rise
up to the lofty canopy of a pearl and berjl sky — colos-
sal benches, whereon the gods might sit and watch
the strange doings of men below.
Although not gods we some day may be ; all gods
were once men, or something worse. Therefore come
sit with me upon the plateau-shelf up over the hill
Mokelumne, near the source of the Stanislaus, where
sometime sat Nemesis, eyeing the pilgrims as they
entered the Golden Gate, and measuring out to them
MOUNTAIN SYSTE^IS.
led
with
i3fore
First
icred
, like
over .
hoos-
phitic
orous
; sun-
revels
wast
ink as
•ui she
: from
valley
low on
il, and
onian ;
ntional
their
uits of
rallcy
e hun-
a vast
DS rise
-colos-
watch
^1 (vods
le come
Ihe hill
where
they
them
<4
tliclr several portions of invented woe. Five thous-
and feet below, and far as eye can reach, spreads out
a i)crl.srope of beauty such as makes us loath to put
off liumanity even to be gods, lest mayhap as gods
wc should have no sympathy with scenes like this.
Often have I thought when standing entranced before
entrancing nature, what a pity it was we could not
always have her scenes before us; and as for heaven,
give it to those who are dissatisfied with earth. Only
exterminate north winds, nervousness, and all rascal-
ity, and I could rest contented yet awhile here upon
this bench, though not a god.
Walled in on every side, without loop-hole or portal
save by passes to the plateau regions of Utah and
Arizona, and the bay of San Francisco, which across
the concave from where we sit, and midway between
its north and south extremes, parts the Coast Range,
whose green and grizzly hills it crowds back, and
])aves the way through the Golden Gate to the
Pacific, we have before us what was once broad ocean,
then an inland sea, afterward a hedged-in Eden, God-
givon to a thrice happy race, and later converted into
a nineteenth-century coliseum, wherein was destined
to be performed a play entitled The New Greetl-
struggle of the Nations. Time enough, however, to
talk about that to-morrow. Sit still awhile and wo
sliall presently see, out here upon this holiday of
creation, elves and fays, if any there are left for these
new Arcadian vales. We can offer them whereon to
sport ground which one day will be as classic as that
of Greece, plains up-swelling beneath their feet, and
slopes of evergreen and sweeps of forest. Then
there are warm inviting knolls under star-lit skies,
and enchanted groves where heaven's witchery might
wanton regardless of irate ocean on one side or
shadowless deserts on the other.
When this mightv Sierra was a-building, this
grand up-lift, with its fluted sides flushed with never-
4 THE VALLEY OF CALIFORNIA.
dying foliage, its white-cushioned benches, and long
serrated summits, its rocky pinnacles whose alabaster
crests glisten lustrous to mariners a hundred miles
away, when its crevices were being filled with molten
gold, a sea of sorrow was about to roll at its base, for
the S(juabble for this treasure that is presently to
come will be pljiful to see.
Split a fern-stalk and place it in a dish with the
thick ends together, and the leafy sides both lying
toward the east, and you have mapped the drainage
system of the California valley. The stalks are the
two rivers, the Sacramento and the San Joaquin,
which, rising respectively at either end of the great
valley, graciously receive their tributaries as they wind
through oak and poplar vistas; then rolling slowly
on, ever slowly, once bright and clear with happy
contentment, but presently opaque in sullen shade,
on to their junction, and thence together to the
sea.
And it is along this eastern side, where the branches
and leaves and leaflets rest on the edges of the dish,
and form labyrinths of ridges, and subordinate valleys
upon which are flung in infinite disorder, bluffs,
cliasms, and smoothly rounded stonu-waves heaped
almost mountain high, that we have the Sierra foot-
hills, already abnormally classic. Aside from the
petrified sentinels left standing adown the centuries,
there is ample evidence of what Plutus was hammer-
ing at hereabout. Left, after laying the Sierra foun-
dation, were the dead volcanoes which we see, and
their trachyte spurs flanking dark green forests, all
intermingled with lavender and bufl:' lava beds and
scoriaj; blistered ashen slopes, whose vegetation is
stunted and ill-tempered, and fire-riven hills of purple
rock, loose and crumbling, to which cling blasted
pines and wind-smitten oaks. Over many of her
deformities nature spreads a seemly covering, hld-
inij what were otherwise the bare bones of an un-
IN THE COAST RANflE.
mg
iter
i
ilea
■>,'
itcu
i
for
r to
k'
1
the
1
y"V^'
1
ua»4e
■.-';
3 the
quiu,
,:|
Treat
•
wind
■'1
lowly
.9
3
lappy
hade,
■;
3 the
■1
nchcs
^
dish,
\
alleys
A'
Llutts,
%
leaped
1 foot-
•1
li the
luries.
liiucr-
1 fouii-
.i
m and
fts, all
']
K and
Ron is
'■]
B)urple
' \
Hasted
i|
Hf her
H hid-
;
Hi un-
sii;litly skeleton. Manyof these foundation-hills, and
particularly the little valleys between them were fin-
is] lod in her happiest mood. Many of these cinders
of spent forces have been well fleshed with soil, well
watered, made fragrant with gums and odorous plants,
and toned in healthy glistening green.
But it is down into the valleys that you must go,
into the valleys of the Coast Range, and that too be-
fore man has mutilated everything, if you would see
what nature has done for this strip of seaboard. There
are natural meadows arabesque with tawny wild-oats,
blossoming pea, and golden nmstard, interspersed
with indigenous vineyards, and fruit-bearing thickets.
There are flower-gardens laid out in patterns by the
deft fingers of nature, stars and crowns and chaplets
of yellow, purple, white, and red. Scattered over
broad park-like plains, and rising from tall wavy grass
are oaks of various forms and species, some high with
broad branches, and many scraggy and storm-bent.
Here and there trees cluster in groves, and clumps of
undcr-growth gather round to keep them company,
liising from the broad plain are solitary buttes, with
cloud-entangling crests, sharp and high; and all
around the borders bluff promontories, and tongues of
u[)lifted land timbered with beech and birch, ash,
myrtle, and laurel, shoot out into the valley, some-
times sudsiding in small round hills covered with
tulips, wild onions, hemp, flax, and prickly chaparral.
Now bring down through rocky canons the clear
dancing water; lead it n^und in winding courses
where it will best moisten the surface, broadening it
occasionally into lakes, locking it in lagoons, or leav-
ing it in sluggish sloughs; then go out while the
morning is fresh and gray, just as the sun begins to
])our a sensuous warmth into the air, to refine the
mists and give lustre to the foliage, and to set life
glowing under a blue and purple haze, and if the eyes
shine not with gladness, and the breast swells not
THE VALLEY OF CALIFORNIA.
with gratitude, then the heart is hard indeed, and
the breast but Httle better than a flUit.
You say that such a region should teem with ani-
mal life, and so it does. You can see there pelicans
and sea-gulls fishing together in the bays ; seals and
soa-lions barking on the islands; wild fowl thickly
clustered on lake and tule-marsh ; fish darting amid the
waters; and beasts of many several sorts roaming tlie
forests. On the tangled hillside is heard the soft
note of the curlew ; you may listen also to the rust-
ling of the pheasant, the chirrup of the blackbird,
the whistling of the partridge, and the sweet songs of
the robin and the lark. And they all rest content ;
they are not driven by intense heat or cold to
long migrations, their little journeys between valley
and mountain being scarcely more than an afternoon's
ramble. Nor need they take nmch thought for the
morrow; even the prudent bee often leaves neglected
the honey-bearing flower, and fails to lay in a winter's
store. To elk and antelope, deer and bear, hill and
plain are one, and that whether scorched by summer's
sun or freshened by whiter's rain. Bounteous nature
plants the fields, brings forth the tender verdure,
cures the grass, and stores the acorns. Little of
frozen winter is here, little of damp, malarious sum-
mer ; cool invigorating nights succeed the warmest
days. Ice and snow banished hence sit cold and stolid
on distant peaks, whence are reflected the impotent
rays of the sun.
Where then is winter ? November drops its gentle
rain upon the sun-burned ground, closing the weatlier-
cracks, freshening the Lydian air, and carpeting the
late gray hills and vales in green ; and this is winter.
Spring comes warm and wanton, and nature is clad in
holiday garb. Summer, dry and elastic, and trem-
bling in amethystine light, is fragrant with the odor
of dried grass, cypress, wild bay, and juniper. Tlie
heat of summer is seldom enervating, and the thick
sullen fogs that creep in from the ocean are not
WONDERS OP THE REGION.
t
unhealthy. The cUmate of CaUfornia is reliable;
though her women may be fickle, her winds are not.
llaiii she sends at rain-time, and this having passed
prayers are <jf no avail.
Thus along the centuries seasons come and go, while
over all diurnally sweeps the half-tropic sun. In the
broad arch float flocks of light clouds, or spread out in
long fleecy folds between which at night silently sails
the melancholy moon. From the sparkling white on
alpine donie^ the gray and golden sunlight smiles
across the amphitheatre, enfolds the lustrous clouds
which send shadows crawlhiij alony: the mountain-
side and over the plains, nods with its earliest rays to
sleepy ocean, dances back from sea to snow-peak ;
then, pal[)itating in purple, it rises from violet-banks
and grizzly hills, and mingles with the russet liaze of
the horizon, or creeps in tenderer tones through
evanescent mists into deep cailons and murky ravines,
and glows warm and tremulous over the sombre
shades below.
cntle
,ther-
r the
inter,
ilad in
trcm-
odor
The
thick
not
Before descending to the more practical affairs of
life in this region, I might point you out some of the
so-called wontlers of the arena-rim ; though I may
say to 3'ou that long since 1 arrived at the conclusion
that there is in heaven or earth no one thing more
wonderful than another. With whatsoever we are un-
familiar, that to us is wonderful when seen; wonder
is l)ut the exclamation of iijnorance.
Yonder at the northern end, lonely and white,
stands Blount Shasta, girdled by lesser volcanic peaks
tliat look like pigmies beside the monarch of the north
which liftt '^'! front so proudly above the solenui forest-
sea that iMJtfts in niournful monotones upon its base.
To one not cradle(! amid such sights its awful grandeur
beside our puny life is crushing. Standing in the clear
atmosphere, unrivalled and apart, like Orion it catches
from over the eastern r'uhre the first ravs of morninjj,
and flashes them far down the vista; while at evening
THE VALLEY OF CALIFORNIA.
its frosty diadem gleams with the glances of the
departing sun long after the shades of night have
overspread the surrounding hills.
Before us at the portal two sentinels, Helena and
Diablo, guard either side, with Tamalpais picketed
near the entrance ; while far to the south, over the
Tulare lakes and meadows, from the cold starlit ether
or glowing hi the roseate hues of day, the tall obelisks
and stately domes and bristling minarets of mounts
Brewer, Whitney, and Tyndall look down in grave
guardianship. Proud ininmtability ! Yet whether
dripping with slimy sea-beds, or being graven by
glaciers, or smoothed into forms of comeliness by
tempest, these mighty ministers to needful lowlands
do nevertheless slowly crumble in decay, and with
their dust feed forest and flower. So man is laid low,
and mind.
A little to our left, and almost hidden by granite-
waves and conoldal domes that rise out of broad fir-
planted snow-fields, yawns the plateau-rent of Yosem-
ite. It lies in the Sierra foothills, nearly at right
angles to their trend, and consists of a trough-like
erosion, or sink, about a mile in perpendicular depth,
six miles in lengtii, with a flat bottom from half a
mile to a mile in irregular width. Angles and square
recesses press mto walls of light gray granite, bril-
liantly white under the reflection of the sun's rays,
in places reddened by moss, fantastically carved, or
stained with vertical parallel stripes of brown and
black. Over these smooth white walls the ]\Ierced
and its tributaries leap in wavy silver threads, and
dashing in dusty foam upon the chasm floor, intone
eternal hallelujahs. Any one of the scores of domes,
and peaks, and perpendicular channels, and lichen-
covered i)recipices that here present themselves taken
apai-t constitutes of itself a study.
Climbing up the outer side of the basin, and emer-
ging from tlie level forest that covers the thick flat
rim and veils the approach to the chasm, the tourist
'%
I
YOSEMITE. 9
of late r times sharply reins in his stood — if so bo
that the jatled cayusc ro(iuires it — dismounts, and
stands on Inspiration point, a roek}' eminence com-
manding a partial view of the valley. Here every
one who writes a book stands spell-bound as if in the
presence of the almighty, beholds a new heaven and
a new earth, feels the onmipotence and majesty of
the infin'.:e, attempts in vain to give his vision utter-
ance, indulges in a sublime fit of rhapsody, and then
drops into mesmeric silence. Old life and ordinary
emotions are suspended, and a new tide of feeling
rushes in upon the soul. The mortal part of man
shrinks back, and the immortal prostrates the beholder
before this api>arition of majesty and desolation.
Entering at the lower end by the Mariposa trail, a
general view of the valley is obtaineil, which displays
first, on the left, the granite-block El Capitan, a
smooth seandess battlement, rising clearly cut 3,300
feet in height; and on the right the Bridal Veil ftill,
a white cascade of fluttering gossamer, leS,]>ing from
the western edge of Cathedral rock 630 feet, when
striking the heaped-up debris at the base of the cliff,
it continues in a series of cascades 300 feet perpen-
dicular to the bottom, where it flows off in ten or
twelve streamlets. Summer dries the Virjjin's Tears
that fall o[)})osite the Bridal Veil, for their source is
not the eternal snow of the high sierra. When the
stream that feeds the fall runs low, nearly all the
water is dissipated by the wind, which first sways,
then scatters it, and finally breaks it into (piivering
s[>ray, which the tardy sun, wh.Mi it ai)[)ears, gilds
with rainbows.
Over the floor of the enclosure is spread a varie-
gated carpet fit for a palace of the gods. jVIoadows of
thick grass are interspersed with flt)wers and flowering
shrubs, and fringed with thickets of inanzanita, alder,
maple, and laurel, and groves of oak, cedar, and fir,
with occasional moss-covered rocks, marshes, and
patches of sand; while high up on the battlement,
10
THE VALLEY OP CALIFORNIA.
clinging to crevice and shelving rock, are tall grace-
ful fcrna, with branches of the most delicate tracery,
which from their dizzy height look like tiny shrubs.
United with grandeur are sweet freshness and melody ;
mingling with iris-hued mists is the fragrance of
flowers, and with the music of the waters the songs
of birds. Receiving and giving rest to the troubled
waters after their fearful leap is still the Merced
river, which winds through the valley in sharp angu-
lar bends, striking first one side and then the other.
It is some seventy feet in width, and as transpar-
ent almost as air ; indeed, so deceivingly limpid is
it, that the unwary tourist who steps into it is soon
beyond his depth. So too in regard to everything in
and around this r3tjion of vastness ; dimensions are
so stupendous that judgment is confounded ; the in-
experienced eye cannot measure them. Distance is
cheated of its effect ; until perhaps, one toils in vain
all day to accomplish what appears to be no difficult
task, when the mistake is discovered and the eye is
straimd no lonofer.
Now and then a huge boulder, breaking from its
long resting-place, comes crashing down the precipice,
thundering in loud reverberations throughout the
chasm. Sometimes in spring a flood bursts on
Yosemite, when there is a tunmlt of waters, and
high carnival is held in the valley. Scores of newly-
born streams and streamlets fall from the upper end,
and along the side roar a hundred cataracts wliose
united voices might waken Endymion. Pyramids of
mist stand on the chasm floor, and ribbons of white
waters twenty or thirty feet apart hang against
black walls, or fall like comet's tails side by side, with
jets shooting out from either side like arrows, weaving
gauzy lace-work and forging fairy chains.
In May and June the streams are flush, and the
monotone of falling waters is broken by crash and
boom like angry surf striking the shore; but as au-
tumn approaches, the roaring cataracts dwindle to
DIZZY WATERFALLS.
n
on
i
I
mere threads, which are shattered to mist in their
descent, or disapi)car entirely. Frost d ispels a portion
of the summer haze, and the air of whiter is clear and
cold. Tiie granite walls glisten in a net-work of ice,
and the frozen vapor whirls through the canon, smit-
ing the clhfs, and overspreading the domes in layers
of white, which, as they thicken, loosen their hold,
slide oif in huge masses, and striking upon the debris
piles, break into powder, and fill the gorge to the brim
with fine particles of frozen mist, which sparkle like
diamond dust.
Further upward in the valley, just beyond the
Bridal Veil, is Cathedral rock, and still a little further,
shooting up in graceful pinnacles. The Spires. Then
on the left come the Three Brothers, called by the
natives Pompompasus, or Leaping Frogs; and jiro-
jcctlng from the o})posite side the obelisk-formed Sen-
tinel rock, which rises from the river, like a watch-tower,
over three thousand feet. Across the valley from
Sentinel rock, and fed exclusively by melting snows,
is the great Yosemite fall, the largest in the world, if
height and volume both be considered, being fifteen
times as high as Niagara, and most indescribably
grand. Springing from the verge of the chasm, over a
smoothly polished, perpendicular wall of fifteen hun-
dred feet, and swaying in the wind like a scarf of lace,
the water strikes upon a rough, inclined shelf, over
wliicli, ragged with foam, or spread out in transparent
aprons, it rushes in a series of cascades equal to 625
feet perpendicular to the verge, when, with a final
plunge of 400 feet, this most magnificent of half-mile
leaps is consummated. No small portion of tlie water
which drops from the top, and which widens and
scatters in its descent, is dashed into spray before
reaching the bottom; yet enough is left, even in the
dryest part of the season, to send a deep, hoarse roar
reverberating through the canon.
Two miles above the Yosemite fall, the valley splits
into three canons, at the head of the middle one of
19
THE VALLFA- OF TALIFORNIA.
which tumhlos the Mcrcod, here a fleecy mass of foam.
Down the canon to the left flows the Yenat^a, and
down the one to the riglit the Ilhlouettc. Here, at
tlie upper end of tlie valley proper, where the river
branciies with the branch in*; chasm, in the outer anoflo
of Ycnajija canon, we find tiic Washington Column,
and the Royal Arches, and back of these the North
Dome, a rtmnded mass of overla[)|)ing, concentric,
granite plates. On the opposite side of Yenaga canon
are the Half Dome and Cloud's Rest, and in the canon,
!Mirror lake.
Ascending the Merced through the middle canon,
besides two miles of cascades in which the river de-
scends over two thousand feet, we find two magnificent
falls, surrounded by (ue grandest scenery, — Vernal
fall, which makes up in volume and impressive beauty
what it lacks in height, and the Nevada fall, with the
Cap of Liberty near it. The Illilouette branch of the
Merced also has a beautiful fall.
Thus, amid sentinels of granite, and mighty battle-
ments, and musical cascades, and roaring cataracts,
witli its verdure-clad floor, and its time-worn walls
curtained in glistening gossamer, cold in its colors
though they be of dazzling brightness, wrapped in
veils t)f silvery mist round which in drapery of pris-
matic hues Iris dances, or illuminated with airy
clouds of frozen spray, Yosemite sits enthroned.
Above and beyond, cold, silent, and white, stretches
the ijrcat rauije on whose sunnnit lies the snow that,
melting, tunes the viols of a hundred cataracts. A
fitting play -ground ft)r the state, truly! A wonder
worthy of California! Travel the world over and you
will find no counterpart; there is no wonder like our
wonder. Even a Yosemite rivulet may boast its
sheer half-mile of precipice. All here is grand and
unique ; all of characteristic bigness except water, but
Californians were never specially partial to water!
I say Yosemite has no counterpart — I should rather
HETCH-HETCHY.
It
say outside of California. Here wc have others, so
that if the grout chasm of chasms sliould ever be k)st
to us, we still sh<)ul(> not be without our wonder.
There is tlie Little Yosemite valley above the Nevada
fall, with its concentric granite structures, and the
same river flowing tlirough it in beautiful cascades;
and there is the Hetch-hetchy valley, which, if a little
less grand than the Yosemite, would answer well
enough in place of it. The Hetch-hetchy chasm walls
tlie Tuolumne river about sixteen miles north-west
from Yos« mite. It is three miles in length, from an
eiglith to half a mile in width, with walls not quite mo
high as those of the Yosemite, tliough the volume (►f
water flowing into it is nmch greater. It extends in
the same direction as Yosemite, has a perpendicular
blurt' — the {•ounterpar\ of El Capitan, a larger stream
fed hv the meltiuir snows which fall over a clift' 1,000
feet in heiglit; has in the Hetch-hetchy fall, 1700
feet in height, the counterpart of the Yosemite fall,
with its Cathedral rock, 2,270 feet in height; finally,
at its upi>cr end, it splits into two canons instead of
three as at Yosemite. All along the base of the
Sierra, and niountiiig u])ward to its sunnnit, arc innu-
merable valleys, meadows and spritigs, lakes, water-
falls, and cascades, eroded canons, polished domes, and
Volcanic spindles, finger posts of the early gold-seekers,
obelisk groups, table mountains, kettles, chests, forts,
caves, bridges, sugar-loaves, cathedral-peaks, and uni-
corn peaks ; the which, if they should be described
every one, I suppose that even the world itself could
not contain the books that would be written. Many
mighty chasms we have on this Pacific slope beside
the Yosemite canon of the Merced, and the Hetch-
hetchy canon of the Tuolunme. There is the Amer-
ican river with its north and south forks down two or
three thousand feet in hard slate. The Columbia and
the Fraser rivers have their fifty miles and more of
gorges several thousand feet deep; and grander yet,
the Kinjj river canon, with its hard granite walls
f
II THE VALLEY OF CALIFORNIA.
from three to seven thousand feet deep. Then, grand-
est of all is the grand cafion of the Colorado, 300
miles long, and from 3,000 to 6,200 feet in depth, also
the result of erosion.
There are likewise many other noted wonders in
California, as Bower cave near by, with its cleft, per-
pendicular chamber walls and subterranean lake, dell,
grotto, and grove ; the Alabaster stalactite cave of El
Dorado on our rijrht; the Calaveras cave of skulls in
which, when discovered, were found human skeletons
coated with carbonate of lime; the Santa Cruz cave,
and nun;erous natural bridges. Bower cave, situated
in Mariposa county, consists of a crevice in the lime-
stone hollowed out by water; hence it is open at the
top but widens out cave-like beneath the surface. It
is 133 feet long, 109 feet deep, and 80 feet wide.
Three maple trees grow within it, sending their
branches out througli the split roof, and the water on
the bottom is so transparent, that the deep cavities
which are worn on either side above and below, may
be distinctly followed beneath the surface to a depth
of forty feet. Alabaster cave, in Placer county near
Auburn, is a large cav ity, discovered by lime-burners
while quarryhig. There are two chambers, one 100
by 200 feet, and the other 25 by 100 feet, and from
4 to 20 feet in depth. Brilliant stalactites of various
shades and shapes hang in irregular rows, hitersperscd
w^ith spaces stained with a sort of grotesque graining.
One of the chambers, called the Crystal Chapel, looks
like an embowered arctic region petrified. Over a
branch of the Trinity river natu^-e has thrown a ledge
of rocks 300 eet wide and 150 feet thick, under which
runs the stre m through an arch 80 feet wide and 20
feet high, u nong others, Coyote creek, in Tuolumne
county, is spa aed by two natural bridges.
To these sc« les of grandeur and beauty vegetation
contributes it> quota. Among twenty clusters of
mammoth trees, there are eight principal groves, of
MAMMOTH TREES.
IS
J
which thfi Mariposa and Calaveras are chief. Tlie ouca-
1\ |)tuH of Australia is a tailor tree than the sccjuoia
j^l>j"antca of California — Wellingtonea gi«rant<'a these
trees were once oalh'd ; hut this could not he tolerated
in a lafid where is celchratod the 4th of July, and so
the nainc^ was clianged to Washingtonea; hut lately,
arborists say simply sequoia gigantea. Taking height,
bulk, and numbers together, if not the tallest and old-
est, we have here the grandest groups of forest trees
upon this planet.
The Mariposa grove, which, with the Yosemlte
valley was given by congress to the state of California
f )r public use and recreation, is situated thirty miles
from Yosemite, and con'^'^-ins, scattered among smaller
trees, over 200 which are more than twelve feet in
diameter. Sixty of them, measured six feet from the
ground, have diameters of from 27 to 07 feet, and in
heiijfht are from 187 to 270 feet. The Grizzlv Giant
measures on the surface 9^ feet in circumference.
Through the hollow of a prostrate trunk, two horse-
men ride abreast for a distance of 100 feet. One
hundred feet above the ground, a trunk which is there
twenty feet in diameter, puts out a branch six feet hi
thickness. The trees are straight, with gracefully
tapering jrunks, fluted bark of a light cinnamon color,
and small coniform tops. In the Calaveras grove
there are about 100 trees of the larger sort, thirty of
which measure from 230 to 2.35 feet in hei<dit, and
from 30 to 45 feet in circumference six feet from
the ground. Five men occupied twenty -two days in
felling one of them, which was accomplished by bor-
ing through the trunk with pump-augers. After it
was completely severed, wedges had to be driN en in
on one side to overturn it. This tree is estimated to
have been 1,300 years okl; its bark was a foot and a
half thick, and upon its stump, which six feet from
the ground has a diameter of twenty-seven feet, after
squaring and smoothing it, was erected a pavilion for
dancing and pleasure parties.
^
18
THE VALLEY OF CALIFORNIA.
We will now tnrn to quite a different scene
Round Sfc. Helena, once a bellowing crater, and the
chimney of hifernal furnace-fires, the earth's crust
softens, steams with Internal heat, and appears with
its comlincss marred so as to expose the mysteries of
unadorned earth ; for terraqueous nature, as well as
human nature, has its unseemly side, its infirmities,
and sinks of corruption. On one side of St. Helena
are the steaming sulphuric springs and boiling mud of
Calistoga, and on the other that pit of Acheron, the
Geysers. Surely the balance of power must be pre-
served, the heaven of California must have its hell;
aye, let nature boast har abnormities, nor be outdone
by that hungry human horde which rushed in hither
and lined the streets of every mining camp with scores
of hells.
Three miloa away one hears the puff and roar as of
ocean steamt;A>i, and sees the ascending smoke and
steam. In the approach there is no Point of Inspira-
tion; but Hog's Backs, and steep, angular glades,
down which Jehu drives with such headlong speed as
makes the timid passenger to shiver, and prepares the
tourist for the enjoyment Plutonic pleasures. To
one gazing from the mountain brow upon this
monstrosity of nature, God is not in all his thoughts,
but Satan and his hissing emissaries ; here is no
new heaven and earth, but a nether realm, with sty-
gian odors that offend the nostrils.
He who first discovered the beauties of Yosemite
was struck speechless as at the portal of paradise.
The hunter Elliott, who in 1847 chased a bear into
the vallc}"^ of tne Pluton, spying the Devil's canon
turned and fled, and on reaching his companions ex-
claimed : " Boys 1 I have found hell 1 "
Around the cool deep crystal waters of Clear Lake
are numerous soda springs, sulphur banks, and borax
deposits. Down the western slope of the western ridge
that bounds this region, in the heart of a tangled forest
once well fctuclved with game, flows the Pluton river, a
THE GFA'SERS.
ir
is no
sGinite
radise.
ir into
canon
IS ex-
es
forest
Ivcr, a
merry tuinblino^ stream from twenty to thirty feet in
in widtli, formerly almost alive with trout, and shaded
1)V the foliage of overhanging vines and branches. At
rig] it angles to the Pluton canon, from its northern side,
is a o'orge about half a mile in length, and but a few rods
in unequal width, with steep walls rising from 50 to 150
fiet. This little off-shoot is called the Devil's canon.
From its entrance at the Pluton canon its uneven
i-urface rises, and at the upper end it divides in two,
and mingles with the hills. A little creek with niinia-
ture falls and cascades runs through it, whose waters
jit tlieir scmrce are pure and cold, but which as they
<Ioscend soon become contaminated by their surround-
ings. Sometimes a i)artial footpath winds by the
stream, betwi i-n the rocks and mobile earth, but often
it is undermined or swept away. The entrance is but
a narrow rocky pass, roofed by fallen, but yet grow-
ing trees, adorned with fantastic roots, and partially
covered with debris and creeping plants. This en-
trance is called Proserpine's Grotto, and beyond it
the cailon widens a little.
The scene within is barren and ghastly. Bottom
and sides are skinned of every sign of vegetation,
and scorlated with suljihur, salts, and sl'my deposits.
Around the upper portion of the sides, the earth
assumes a reddish hue, below which it is marbled
with the ghastly colors of festering flesh, patches of
pale ashen and white, patches of frreen and slaty stain,
yellow sulphur snow and black sulphur root, with all
the intermediate shades of death and dissolution.
Hot springs burst forth from hot ground, spitting,
sputtering, hissing and panting in unmanageable
wrath. Through whistling steam and sickcninir sul-
phur, yawn horril)le mouths like the gates of Aver-
nus. It is as utterly infernal a place as can well be
imagined, lurid and murky, and sickening with heavy
vapor. In every hole and corner this model Pande-
monium seems iidiabited by shadowy fiends, and
every fiend to be doing his best to render his little
Cal. Int. Poc. 2
18
THE VALLEY OF CAI IFORNIA.
crevice the particular liell of the place.* On the
bottom and along the sides are two hundred grinnhig
mouths spurthig liquids of every hue. Into tliis
sower of desolation and dire combustion, midst hissing
vapor and the stench of decomposing drugs, vomit
white blue and black sulphur springs, boirmg alum,
cpsom salts, and magnesia springs; iron and soda
springs; conglomerate and nondescript medicated
mixtures, until the little rivulet, nauseated by tlic
vile compound, turns wheyish in color, emits a faint
gurgle, tosses feverishly on its rocky bod, and then
slndvs along its slimy way. Round stinking pools
that fill the air with their fetid breath, are incrusta-
tions of iron, tartaric acid, copperas, and verdigris.
The clammy ground, crispy with sulphuric crystals,
rough with scoria3, quakes and sends forth noxious
gases. Waves of sulphuric seas thump against the
thin crust of the seemingly hollow earth ; jets of
liquid black leap hissing from blue-vitriol nuid, and a
cavernous roar echoes through the pitchy glen.
Nature, sick with sore boils, eaten by acids, palslod
and jaundiced, is smothered with alopathic abomina-
tions.
Pass Proserpine's Grotto and ascend the canon.
Pick your way carefully and plant your feet in the
footprints of the guide, else your legs may suffer for
the neglect. First there is an Iron and Alum si)ring,
with a temperature of 97° Fahrenheit ; then the
Medicated Geyser bath, containing h^on, sulphur,
cpsom salts and magnesia; Eye Water spring, om-
nipotent against ophthalmia ; and in the order men-
tioned Boiling Alum and sulphur spring, Black Sul-
plmr spring, Epsom Salts spring. Boiling Black
sulpjiur spring. The largest spring is the Witches'
Cauldron, situated two-thirds of the distance up tJie
canon, and the loudest the Steamboat Spring at the
head of the caiion. The Witches' Cauldron is a hole
or sink six or seven feet in diameter, of unknown
depth, and with a temperature of 292° Fahrenheit.
I
VALLEY OP THE PLUTON.
10
n the
inning
o tins
lissing
vomit
alum,
(i scxla
liicated
by tlic
a faint
d then
T pools
icrusta-
!rdi;j;ris.
rystals,
noxious
inst the
jets of
I, and a
)alslod
oniina-
canon.
in the
Vor for
spring,
icn the
lulphur,
nir, om-
V.' '
r nien-
^k Sul-
Black
Pitches'
up the
at the
a hole
|ik!io\vn
enheit.
Seething and swashing like a troublous witches broth
stirred by subterranean imps, with no visible outlet,
its thick l)lack liquid bubbling sometimes to a height
of tliree or four feet, the bank near by begrimed like
a eliimney-back and just above blooming with beauti-
ful Kul[>hur crystals, Dante himself could not conceive
a more [jcrfect stygian pool. This black vapory pit
has been called also the Devil's Punch Bowl. It is
an insult to his Majesty, who knows full well how to
brew tiood punch.
Every si)ring lias its voice, its own peculiar strain ;
its busy l)abl)le, or surly grumble, or hollow moan, or
impotent sputter, or testy hiss, or angry roar, or
wild shriek, its vain spoutings or gleesome gurgle,
and throughout the ages the infernal choir ceases not
to deliver its united and discordant strains. But loud
above all voices and high above all sounds are tlic
puffings and roaring pulsations of tlie Steamboat
Geyser, which sends from the hillside in several fitful
volumes, through orifices from an inch to a foot in
diameter, columns of hot vapor to heights of from
50 to 200 feet. The sounds of which the name is
exi)ressive, are like those proceeding from the escape
]>ipe of an engine. The roar is continuous, though
broken by pull's and louder bursts, while all around
from tiny holes in the spongy ground jets of hot
steam shoot upward, with a force and fury significant
of the contending elements beneath the surface.
Then tliere is the Intermittent Geysc>r, which belcluvs
boiling water spasmodically, vsometimes fifteen feet
and again only tliree or four feet; the Devil's Ink-
stand, which emits through a small aperture a bla( k
li<iuid that may be used l\)r writing, and whose stain
is indelible; the Devil's Grist-mill with its sputtering
clatter; the Devil's Kitchen, the Devil's Bake-oven, the
Devil's Wash-tub, the Devil's Tea-kettle, the Devil's
Pulpit, and the devil knows what else. All along
the banks of this Lethe stream, as you climb, fainting
with the heat and smells, between slippery rocks and
20.
THE VALLEY OF CALIFORNIA
over the seething uncertain ground, your blistering
feet perhaps ankle deep in mineral deposits, and lift-
ing themselves spasmodically from the heated earth,
you may see pools of slaty swash cxiialing a dock-
niud stench, steam whizzing through fissures, and
black compounds belching from slag and clinkcr-
rimmcd holes ; at which strange doings Helena groans
afresh, and fallen forest trees ten miles distant shudder
and turn to stone.
Here, as everywhere in dealing with the unknown,
men speculate upon the causes of these phenomena,
some holding that they are produced by volcanic action,
otliers by purely chemical forces. Side by side, only a
few inches apart, are hot springs and cold springs, boil-
ing springs and springs whose waters arc undisturbed.
An iron pipe terminating in a whistle inserted in one
of these steam orifices, sends forth a shrill shriek.
On the Pluton is the Indian spring, whither the na-
tives, who feared to enter the Devil's canon, have re-
sorted from time immemorial to bathe in its healingr
waters. There they erected a sweating-house, and
thither they carried their sick. Near tlie hot black
sulphur bath, which they have made, flows a stream
of clear cold water, into which, after their fjishion,
they plunge alternately. On one side of the Devil's
canon is the Mountain of Fire, honey-combed with
dead geysers, and stratifiec' with sulphur, epsom salts,
copperas, nitre, ammonia, tartaric acid, cinnabar,
magnesia, and yellow ochre. Near by are the vent
holes of a crater from which the steam whistles witli
great force. In early morning, before the overhang-
ing va[)ors are dissipated by the rising sun, the gorge
is filled with steam, which rolls off in huge banks be-
fore the wind. Above and beyond the edges of this
Tartarean pool, round which struggle pale sickly
trees, in the valley of the Pluton, and sometimes ap-
proaching coyishly to the very verge of the heated
waters, mountains, hills, and ravines are overspread
with a covering of fresh verdure and wild flowers,
SAN FRANCISCO BAY.
21
5G, and
black
stream
ishkm,
Devil's
witli
1 salts,
nabar,
ic vent
s with
rliang-
goroe
iks bc-
)f this
sickly
es ap-
icated
prcad
wers.
made all the more luxuriant and charming by tlie
warmth of these infernal fires ; and to complete the
picture, at sunrise a weird rainbow, refracted from
sulphuric vapor, hovers in clear prismatic hues over
the canon, and h>ses itself in the glistening emerald at
either end. Turn then away, happy in the thought
that nature inflicts on man few such insights into her
sf)n!eries, but rather veils in beauty the mysterious
chemical processes of her laboratory.
Tlie great sink in the Coast Range, which lies before
us near the border of the ocean, and into which the
waters of the entire valley are drained, is another
marvel of nature, though utilized and made common
by man. But for the Golden Gate fissure or cleft,
which abruptly cuts in two the continuous coast line,
large areas in the interior would be perpetually under
water. Were the channel tlirough this blutf'-bound
gateway less deep, so that the ocean's ebb and flow
should not be felt within, San Francisco bav would
bo a lake. But better far as it is, a lake-like and wcll-
nigli land-locked harbor, larger than Rio de Janeiro,
and fairer tlian Naples; with all the glowing haze
jind delicious sweetness of the famous Neapolitan air,
l)ut without its subtle softness and enervating
languor.
Mount some warm misty morning to the top of
Yerba Buena island, which stands midway between
tlie cove to which it gave its name and Oakland
])oint, and the prospect thence will scarcely fail to
kindle the eye, to swell the heart, and awaken long-
ings for other scenes. From this island's base spreads
out a mimic ocean, shaped like an arrow-point, sixty
miles in length by four or five in width, wliose radiant
waters flhig back the rays of the morning sun, or
ripple under the influence of wind and tide, and from
whoso borders, wavy hills roll up, smooth and round
as the bust of Canova's Venus, or dimpled like a
merry school-girl's face. These, interspersed with gen-
22
THE VALI>EY OF CALIFORNIA.
1^1
ll:
tier slopes, and radiating valleys and ridges, and minia-
ture plains, through wJiicli thread numerous stream-
lets, were not long since tlic home of the prowling
panther and marauding cov ote, of wild-cat, bear, and
deer. Myriads of wild-fowl and sea-birds fished in
these waters, and quarreled, filling the air with their
shrill cries; while within the bay and without the por-
tal, and for 3000 miles along the shore, were seal-rocks,
w ith crawling monsters barking, enjoying their siesta,
or holding conference like sinful souls in purgatory.
Northward there is a maze of undulating elevations,
domes ridges and peaks, their outline toward the
ocean delicately penciled against the sky, and further
inland in the distance is a background of nebulous
mountains, the landscape lighted in places by unseen
watcrSj and all painted in soft aerial colors of varied
depth and tone. Toward the south the ridges on
eitlier side recede; the water broadens at fi'^'^^t, then
narrowing, melts away in hazy perspective. Beyond
is tlic great sea, smiling in azure or fretting in impa-
tient green and white, with its silence-breathing surf
singing ocean lullabies to the sleepy hills, or rolling in
from the horizon huge waves, which, dashing them-
selves against then' shore-limits, fall back foaming at
their own impotency.
Thus sculptured in the heart of the Coast Range,
some parts of the bay are narrow and deep like a
highland loch, with bluffs and promontories; in otlier
parts the water spreads out, and encircles large islands,
— Angel, Alcatraz, and Yerba Buena, — or washes a
diminutive beach. Its seaward shore is splintered
into points and estuaries; on the opposite side are
coves and graceful crescents ; while round the northern
end, where empties the Sacramento, are bays carved
within bays, straits and detp-flowing channels, and
sentinel islands and embankments.
The northern side of the Golden Gate is a steep,
dark, reddish wall, six or oin-ht hundred feet in heiglit.
From the top of this wall the hills mount and roll oif
THE PEERLESS.
23
1 iiiinia-
streaiii-
rowling
?ar, and
shed in
;li their
the por-
d-roeks,
r siesta,
itory.
vations,
ard the
further
lebulous
unseen
f varied
jges on
"^^t, then
Beyond
n inipa-
hig surf
jlhng in
them-
niing at)
Range,
hkc a
in warm yellowish-green surges round Tamalpais,
deepening into purple as they rise in graceful alpine
outline and mingle with the clouds. Opposite this
bank the waters of the bay and ocean are separated
bv a ridge of argillaceous sandstone, severed at the
(iolden Gate so as to form a peninsula some six miles
at the northern end, and broadening into open high-
lands toward the south. Upon these so lately sand-
blown hills, freckled with tough, wind-defying
shrubbery, beneath whose branches quail and rabbits
loved to hide, and birds and rivulets sang together, is
)iow being planted the commercial metropolis of the
Farthest West; while all around this favored bay,
blustering in its strength and radiant in its beauty,
and already white with the sails of every ocean, in-
dustries are sprhiging up, towns and cities are being
built, and a race of men and women developing which
some day will make the nations marvel. The bay of
Kieselarke has been called golden because of its shin-
ing sands; but far more i)roi)er may our beautiful
sheet which from the first so gladdened the hearts of
tlie followers of St Francis rejoice in that name, for
not only are its shores golden, but its hills and skies,
its connjierce and its industries, its towns and people
are golden.
Fair California! clad in verdant spring vesture or
resting in arid robes under a metallic sky ; volu})tuous
in thy half-tropic bed, in thy sunlit valley warmed
with the glow of bronze and rosy lustre, redolent with
wild flowers, and billowy with undulating parks and
smooth corrugated mounds and swelliiii; heiohts, with
waving grass and fragrance-breathing forests, ca})ti-
vathig the mind, and ravishing the senses with thy
bewitching charms, and smiling plenty in alternate
seasons of refreshing rains and restful dryness; witli
thy lofty snow-capped peaks, and metal-veined Sierra,
and amethystine smooth-browed hills bathed in purple
mists and musical with leaping streandets and songs
1
8^ THE VALLEY OF CALIFORNIA.
of birds; with tliy corridors of sundered stone, and
glacier valleys silvered with moonlit lakes, and cool
refreshing basins filled with transparent blue; with
thy boisterous alpine streams, and (juict lowland
rivers, and sluggish waters wanderinti: throULili char-
rcterless sloughs; with thy scraggy scattering oaks,
and tangled undergrowth, mirrored in crystalline pools,
and flowering shrubs, and mighty sable forests; with
thy sunlight soft and hazy, and air sea-scented and
sparkling yet mellow, sthnulating yet restful, and pure
and sweet as that which blows from Araby the Blest,
yet strong withal, wooing the sick and care-laden,
cooling the vein-swollen brow, thrilling the blood with
ocean's stinmlants and giving new life, not stifling it ;
with thy native men and beasts, and birds and fishes,
and fields of native grain, all hitherto unmarred bv
man, all fresh as from the hand of the creator revel-
ling in p/inieval joy and fragrance, while the valley
murmurs its contentment, and the forest cypress nods
its sable plume; crimson purple and violet in thy
blushing beauty veiled in misty gauze that rises fresh
ami glistening from the sun-beaten ocean, and fills the
heavens thick with spray or whirls oii" in eddying
clouds round the mountain tops, breakiiig from mina-
ret and spire into long streamlets edged by burnished
sunlight; voluptuous thus, or fierce in thy wild unrest,
in thy lashed energies fiery as A^chilles, whatever be
thy mood or circumstance, thou art a song of nature
rhijyinor an ever changing melody, thou art tlie smile
that lit Jehovah's face when he saw that it was good !
I, and
I cool
with
wlantl
char-
oaks,
pools,
; with
•d and
d pure
Blest,
-laden,
»d with
ling it;
tishes,
red hv
r revel-
; valley
ss nods
in thy
(S fresh
Us the
ddyinor
I nuna-
nished
unrest,
vcr be
nature
smile
t^ood !
t
CHAPTER II.
THREE CENTURIES OP WILD TALK ABOUT GOLD IN CALI-
FORNIA.- 15:17- 18«7.
Tlirtisting, toiling, wailing, uuiiling,
Frowning, jireacliing — sndi a riot!
Each with ni'vt'r-i'oa.siiig lahor,
Wiiilst he tliiiiks ill! fheats liis neighbor,
C'licating liis own heart of (luiet.
ShiUfij.
Ix tliose days of unbridled adventure, when man
was perm*itt(>d to prey upon his fellow-man, and when
the many-sided world was as yet but p;u-tially known
to civilization, L(old was the chiefest good that strange
lands could vield, and hence every strang(> land, in
the imagination or desh-e of its discoverer, abounde<l
hi ijrold. So it was that California, even before it was
seen by any Si)aniard, was reputed, without reason,
lich in irold. What stories Cabeza de Vaca had to
tell, when he arrived from the IVIt^xican gulf at Culia-
( an, in 1587, of the vast wealth of this whole northern
legion 1 As to the truth of the report, it must be
true, for it was the peo[)le of the country who had
informed him, thougli in language that he did not
understand, and of realms of which they knew noth-
ing. From the verv first a strong conviction i)ossessed
the minds of the comjuerors of ]\[exico that tlu^ west-
ern coast, ]>articularly tow.ird tlu; north, was rich in
gold and pearls; an<l so all through the century suc-
cessive ex])(!ditions were sent to the gulf of California,
and to the pt'iiinsula.
That most reverend and truthful man, Francis
Fletcher, preacher to the jiirate Drake, who, because
God commanded Adam to subdue the earth, felt it
(86)
2C
THREE CENTUTvIES OF WILD TALK.
Ills duty, as miuistcr of God and son of Adam, to ^^o
abroad on tliis eartli, and kill and steal to the full
limit of his capabilities; and who felt it likewise his
duty "to register the true and whole history of that
his voyage, with as great indifferency of aflection as a
history doth require, and with the plain evidence c.f
truth," — this right rare and thrice worthy gentleman,
as ho would say of his captain, saw strange things in
California; that Is to say, things strange to those who
know California, but credible enough three hundred
years ago to those who were never nearer to the spot
than its antipode. In July of 1571), the pirate, as his
preacher says, was met by peculiar and nipping colds.
The natives, he affirms, "vsed to come shivering to
vs in their warme furres, crowding close together,
body to body, to receiue heate one of another." Oh!
"how vnhandsomc and deformed appeared the face of
the earth it selfel" Birds dared not leave their nests
after the first (Vg was laid until all were hatched;
but nature had favored these poor fowl, so that they
might not die in the operation. The causes of these
])henomena he next explains on scientific principles.
Because Asia and America are here so near together,
and by reason of the high mountains and the like,
"hence comes the generall squalidnesse and barren-
nesse of the countrie; hence comes it that, in the
middcst of their summer the snow hardly departeth
euen from their very doores, but is neucr taken away
from their hils at all ; hence come those thicke mists
and most stinking foggcs." Inland the country was
better. " Infinite was the company of very large and
fat Deere, which there we sawe by thousands . . .
besides a nmltitude of a strange kind of Conies . . .
his tayle like the taylo of a Rat." The savages were
exceedingly edified by the words of the preacher, by
his psalm-singhig, and his reading of the scriptures ;
so much so, that when the gentle pirates took their
leave, "with sighes and sorrowings, with hcauy hearts
and grieued minds, they powred out wofull complaints
I
■4
i
'C.
THE PIRATES rRKACHER.
27
, to ^'O
he full
Aac liis
of that
on as a
L'lice c.f
tleinan,
ihigs iu
)S0 who
luticlrcd
he spot
3, as his
if colds.
;ring to
jgetlur,
." Ohl^
e face of
uir nests
latched ;
lat they
of these
inciples.
ogether,
he like,
barren-
in the
sparteth
m away
ie mists
try was
rjjfe and
As . . .
ies . . .
\es were
:lier, bv
iptures ;
bk their
' hearts
1 plaints
and moan(>s, with bitter tearcs and wrinj^ing of their
hands, toruH'iitinjj; theinselues." This was exccedinj^ly
like tlie Callfoniia Dii'i'er, as was also their king,
bcf(
■h
h
)f a U
Lp|)earnig, "came a man
body and goodly as[)oct, bearing the Septer or royall
mace, . . . whereupon hanged two crownes, a bigger
and a lesse, with three chaines of a maruellous lengtli,"
and so on. It was with ditticulty that the English-
men picvented these people from worshipping them,
and oif'Ting sacrifice as unto gods ; and the eagerness
witli which tluy accepted Elizabeth for their sovereign
was i)l('asant to see. But about gold? "There is no
jiart of earth," says tlie preacher, "here to be taken
up wlierein tlu^re is not a reasonable quantity of gold
or silver." And again: "The earth of the country
siHiined to promise rich veins of gold and silver, some
of the ore being constantly found on digging." Even
a school-ijfirl would recoijnize in this the extra vaij^ance
of fiction. Climates change; simple savages might
mistake Drake's buccaneers for gods; but if gold and
silver ever existed amid the rocks and hills in the
neighborhood of Drake bay, the world has yet to
know it.
In Ids Noficia de la California, Miguel Venegas,
speaking of tlie voyage of Sebastian Vizcaino along
the shore of Upper California in 1G02, draws attention
to the royal cedula of the IDtli of August, IGOn,
granting Vizcaino permission to explore California, and
inserts that document in the first volume of his his-
toi'v. The kiiu' savs, referrin<; to Vizcaino's voyaije
of IG02, "que descubrio el dicho Sebastian Vizcaino
en la costa en mas de ochocientas leguas, que anduvo,
so informo, y que todos decian, haver latierra adentro
grandes poblaciones, y plata, y oro," — that the said
Vizcaino was told by the Indians aloiiir the whole
coast of 800 leat'-ues which he discovered, of lartre S(>t-
tlements in the interior, and of silver and gold.
" Whence Vizcaino is inclined to believe," the king
continues, "that great riches may be discovered, es-
28
THIIEE CENTURIES OF WILD TALK,
i
iv
pooially as in sonic parts of the land veins of metals
arc to be scon;" — porquc en alijjunas partes en la
tiorra firnie dcscubrian betas dc nietales. Thus, there
is little wonder tluit very early the rumor was abroad
that tliore was <fold in California, thou«j;h without any
foundation, as the interior had never yet been visited
by white men.
As far from the truth as the preacher's story and
the king's story, is the statement passed from one
writer to another without conmient, that I^oyola Ca-
bello, a priest of the mission of San Jose, bay of San
Francisco, on returning to Spain published, in 1000,
a work on Alta Callfoniia, in which the existence of
gold in placers was mentioned. I do not know whom
to jiold res[)onsible for starting this fiction, though one
Goori^o jNI. Evans has been active in cU'culatinix it.
We can only wonder that so many respectable persons
have re[)eated it as fact. In the first place no such
bonk was ever })ublished. Secondly, in 1 090, and for
nearly a century thereafter, there was no San Jose
mission on the Bav of San Francisco, though there
was a San Jose del Cabo, near Ca|)e St Lucas. Lastly,
if there was such a man, and such a book, and such a
place, there was no gold there.
Fortunately for mankind, believing a thing, or fan-
cying a belief in it, be it never so sincerely or strongly,
does not make it true; nor is seeing always believing,
when perforce, one must see through the eyes of sail-
ors, whose statements are proverbially unreliable.
"Do Gualle saw many islands eastward of Japan in
latitude 32° and 33',' Sfivs old Arthur Dobbs; and
sailing further cast, he saw many populous and rich
islands, some with volcanoes, which abounded with
gold, cotton, and fish. . .Gemelli mentions rocks seen
in latitude 30°, and an island said to be rich in gold ;
and also another in latitude 32°, called Rica de
Plata, which from their names and abounding in
gold, may be supposed to be well iidiabited."
By how many have these gold bearing islands been
DIVERS DKCKPTKINS.
metals
cii la
4. tlicro
al)rt)a«l
)ut any
visited
»rv and
i)ni one
ola Ca-
of San
n 1090,^
:enco oi
w whom
iU;jjh one
itinur it.
I persons
no such
, and fi»r
Ian Jose
fh there
Lastly,
such a
[, or fan-
^tron<j;ly,
>hevln*2;,
of sail-
(relial)le,
apan in
^hs; and
md rich
with
^ks seen
lin <]fold ;
;,ica de
icling in
labited."
Ids been
since visited, antl how nmch metal has been taken
from them ?
Perliaps twenty times the followlnj^ passajjfo in
Shflvix'Le, A l'(>i/<i(/r licnnid tlic World in 171i)~2'J, by
no means a rare or remarkable book, has been pointed
out to me by men whoso superficial investii^ations
have led them to believe that jjjold was known to exist
ill California nearly two centuries a_<j;o. Here is the
passage : " The eastern coastof that part of California
which I had a sight of, appears to bo mountainous,
barren and sandy, and very like some parts of Peru;
but nevertlieless, the soil about Puerto Seguro, and
very likely in most of the valleys, is a ricli, black
mould, which as you turn it fresh up to the sun ap-
pears as if inti-rmingled with gold dust, some of which
we endeavored to wash and i)urify from the dirt; but
though wo were a little prejudiced against the
thoughts tl'.at it could bo possible that this metal
should be so promiscuously and universally mingled
with common earth, vet wo endeavored toclcanscand
wash the earth from some of it, and the more wo did
the more it appeared like gold; but in order to be
fuHher satisfietl, I brought away some of it which we
lost in our confusions in Chii^a."
Now in the first place this navigator — whose map
bv the wav shows the two Californias too:ether as an
island — never was in Alta California at all; and sec-
ondly, he may or he may not have seen particles of
something resembling gold at Cape St Lucas, the
only point at which he touched. In a word, what-
ever he saw or said has nothing whatever to do with
the discovery of gold in the Sierra foothills. And
yet I have seen printed in more than one Pacific
coast newspaper this statement of Shelvocke's without
any reference to the fact, and apparently without the
knowledge of it, that the California referred to was
not Tipper California,
At the time Shelvocke was engaged in his circum-
navigation, the Hudson's Bay Company was explor-
30
THllEE CENTURIES OF WILD TALK.
ing to the westward. Almost as much as gold-pro-
(luchig mountains tlie world wanted inter-oceanic
communication. From Patagonia, northward, nearly
to the land's end, the seaboard had been searched in
vain for a passage ; only the part between Hudson
bay and the Pacific remaining yet unexplored. In
1719 two vessels, the jUhany Frirjatc, Captain (Jrcorge
Barlow, and the Discovery, Captain David Vaughn,
wvre fitted out for the purpose of examining the
the western side of Hudson bay, and passing
thence through the strait of Anian into the Pacific.
This strait, the discover}'' of whicli was so eagerly de-
sired, was believed to exist ; it was even laid down in
charts, and there were some who said that they had
seen it, others that tliey had entered it, though
all tlie while it existed onlv in imagination. James
Knight was given command of the expedition, and
was "with the first opportunity of wind and
weather, ti) depart from (irravesend on his intended
voyage, and by God's })ermission, to find out the
strait of Anian, in order to discover gold and
other valuable commodities to the northward." !Mr
Knight entered upon the task with enthuslam, though
then eiglity years of age, and " procured, and took
with lilm some largo iron-bound chests to held gold-
dust and other valuables, which he fondly fiattered
hnnself were to be found in those parts." Not hear-
ing from the expedition, many conjectured, as Sanmel
Hearne remarks, "that IVIessrs Kniijht and Barlow
had found that passage, and had gone through it into
the South Sea by the way of California," and it was
not known until fifty years later, when Hearne was
undertaking his Coppermine river expedition, that
they had not found the Anian strait, and had not
filled their iron-bound chests with the gold of Califor-
nia, but had all been lost in Hudson bay.
The Shining Mountains — as the Sierra Nevada
and Cascade Range were called by those who wrote
geography a hundred years ago — were deemed from
GOLD IX THE SHINING MOUNTAINS.
31
)kl-pro-
occanic
, iiearlv
clicd ill
Hudson
ed. Ill
George
'^auglin,
iiiil the
passing
Pacific,
erly de-
down in
ley hatl
thouiih
James
on, and
I id and
ntended
out the
)ld and
1." Mr
tliougli
id took
lid jT^old-
attered
)t hear-
Saniuel
Bailow
it into
it was
ne was
tliat
lad not
)vada
wrote
frc
current reports something wonderful long before their
treasures were disclosed. " This extraordinary range
of mountains," says Jonathan Carver in 1700, "is cal-
culated to be more than 3,000 miles in length, with-
out any very considerable intervals, which I believe
sarj)assos any tiling of tlie kind in the other quarters
of tlie ^i^lolte. Probably in future ages they may be
found to contain more riches in their bowels than
those of Indostan and Malabar, or that are ]m)duced
on the Gokh'U coast of (jruinea ; nor will I excejit
ev(Mi the Peruvian mines."
No little excitement occurred in Mexico aliout the
time of the expulsion of the Jesuits, who, it was re-
]);)rt(xl, had found extensive deposits of gold on the
]u>ninsula of California, and had concealed the fact
from the government. It was hi the rivers, hi the
rocks, an<l in the soil, peojilo said, and the supposed
concealment as to the spot containing the precious
nu>tal, on the part of the Jesuits, tended in no wise
toward delaying their enforced departure. To prove
the matter Josd (lalvez, marquis of Sonora, accom-
panied by Miguel Jose de Azanza, in 1769 passed over
into (California and instituted a search. A few weeks
of fruitless endeavor satisfied Azaiiza, who r(>turned
to Mexico, saying that the numpiis was insane to
continue tlie search : for the expression of which
opinion Azanza was incarcerat(^d, and kept in jirison
for a time, (ialvez found notlung, however, though
the Jesuits afterward affirmed inFrance that it was
true they had found gold. Tiiis was jn-obably said in
order to occasion regret in the minds of those who had
caused their expulsion. Ail this of course is irn^le-
vant to the present ])urpose, except that in the loose
and general refi-rence made to the event, it is not
stat{>d, and often not known, that the J(>suits were
never in Upjier California, and that the search of
(lalvez and A^zanzt was confined strictly to the penin-
sula of Lt.- ,r Caiif'irnia.
Such facts, mutilated and misstated, floatin<jr iti the
■t
32
THREE CENTURIES OF WILD TALK.
minds of ij^iioraiit persons who receive them at second
or twentietli hand, lead to remarks like the followinj^
by Mr Simpson, author of Three Weeks in the Gold
/iV/Z/ms, published hi 1848. "It" also known that
an expedition was fitted out by the governor of Sonora
during the last century, which owing to various dis-
couragements failed.
In his Travels in Mexien, when near the mouth of
the Colorado in IS'Jfi, Lieutenant Hardy sajs: "The
sand is full of a glittering sort of tinsel, which shines
beautifully when the sun is ujion it. It is common
all over Sonora, and is, I imagine, nothing more than
broken laniiuje of talc, the surface of which being
})robably in a state of decom})osition, the original
color is c!-anged to that of cop})er and gold. It
ciiinibles easily between the fingers, and cannot there-
fore^ be metidlic; but its delusi\e appearance may pos-
sibly have given rise to the reports, which were
sj>read, as it is supposed, by the Jesuits, who formerly
tMideavored to make an establishment upon the river,
of t;old dust beino: intermixed with the sand." Fav-
ette Kobinson thinks the Jesuit j)riests were aware of
the existence of gold in California, meaning Lower
California, but can-fully diverted the attention of tiie
natives from it in favor of mission labor. Oslo in his
manuscript Jlisforia <le California expresses the opinion
that the Franciscans were too busy with conversions
to ascertain whether the river sands held gold. The
recent conjectures, he savs, that thev knew of gold
are not probable, because the secret could not have
been kept among so many.
Since 1775 the Mexicans have met with silver in the
vicinitv of the Colorado, and some sav with small de-
posits of placer gold, but with none that would yield
profitable returns. Very soon after the organization of
the missions in Lower California, converted Indians sent
iito tlie upper country to persuade the natives there
to listen to tlie teaciiings of the padrer,, talked, on
their return, of the shining sand that they saw in
St
SHININfi SANDS OF CALIFORNIA.
88
second
llovvinj^j
le (/old
,'n that
Soiiora
aus clis-
outli of
: "The
ti sliines
?oiumou
>re than
h boiiujf
original
old.' It
)t tliorc-
[uay pos-
ch were
formerly
10 river,
" Fay-
aware of
I Lower
n of tiie
no in his
3 opinion
versions
d. The
of gold
ot have
ler in tlie
iniall de-
dd yield
Ization of
lianssent
:>s there
|ked, on
saw In
the streams, and in the ravines which thoy had
traversed. But so conunon were these reports, so
fiiniiJlar were the conquerors with the presence of
precious metals everywhere within the subjugated
domain, that a s])rinkiin<; more or less, here or there,
was little regarded. Nevertheless, it is reported that
later they huilt furnaces, and brought sand from the
seashore \o be used in smelting antimotiial silver lead.
A nmp was made of southern California in 1775
by a priest sliowing the exph>rations of the Jesuits on
the Ct)lora(lo river for several hundred miles, and
thence to tlie Tulare valley. J. H. Carson is the
author of a little book, printed in Stockton in 1852,
I'utitled Karn/ J Urol lections of the Mines, and a Iksmp-
'<nn of the (ircat Tidare Valley, awA worth fifty times
% ii wei*dit hi ixold. This writer was informed that in
tiie Mexican archives was a letter from a priest, dated
at one of the Jesuit missions in 177G, notifying the
govrnment that while searching the niountains for
i mission sites he and his confreres had met with pure
silver in masses weighing several tons, and that th(\y
i had forbidden all mention of the matter under pain
I of excommunication and death, lest a sudden influx
of population should destroy their schemes for con-
version. Upon the strength of this assertion Wright
and his associates fitted out an expedition under a
Mr Ho\ t, who proceeding to California from Mexico,
in due ti-ne sent back a letter with rich specimens of
silver ore, ilmost solid, as Mr Wright declared.
NLitl er iJoyt or any of the party returned, nor were
ihe}- ever lje.iiil from: and it was supposed that they
were manl mm' iiy the natives. Exploruig at a nmch
later period in the vicinity of Moore creek, Carson
encountered a shaft sunk apparently twelve or twenty
years before. Part of the windlass was still standing,
though in a state of decay, and the ])lacc agreed with
the description given by Hoyt. When Carson ques-
tioned the natives about it, he was told that the shaft
had 'i't^n sutik by Mexicans who had been in that
•'.",' '» 1st. I'oc. 8
84
THIiEE CENTURIES OF WILD TALK.
neiijjhborhood but who had since diod ; the gentle
savages failed to mention the manner of their taking
off.
Referring to the Diccionario Gcoproficn-Histn'n'o dc
las IiuUas OccideviaJcs o America of Antonio de Alcetlo,
published in Madrid in 1786-9, we find stated that in
California, " provincia de la America Septentrional, y
la I'lltima parte de ella en lo descubierto jlcia el norte " are
many wonders. Strange animals are there, and some
that the Spaniards introduced, which have multi})lied
enormously. There are insects, snakes, tarantulas,
and ants without number, but no fleas, bed-bugs, or
chegoes. A-^ prone to mendacity as I have ever found
Air Dunbai. " is not prepared to meet in his
Romance of the ■■ so bold a misreprese itation as
that Alcerh) " positively asserts the existence of gold in
California, even in lumps of five to eight pounds," and
tliat in face of the plain statement : " No se han des-
cubierto minas ; pcro hay bastantes indicios de que
existen de todos metales."
At Alizal, near Monterey, silver is said to have
been found in 1 802. Remarking how deep benea theth
surface lay the precious metals in the interior of north-
ern Mexico Humboldt, after his visit in 1803, ex-
pressed the opinion that toward the north gold might
be found in large quantities near the su^ -tee.
Knowledge of the existence of furnaces, used in
tlie smelting of silver ore, in the southeastern part of
California, or in the Colorado river region, is vaguely
tracetl back to 1808. An exploring party from Stock-
ton in 1800, in search of silver lodes, met in the
vicinity of these furnaces a party of Mexicans with
like intentions. With the Mexicans was an ancient
aboriginal, Jose el Venadero he was called, one hun-
dred years of age, who stated that these furnaces were
in use when Mexico first threw off the yoke of Spain,
fifty -two years ago. He was a mission Indian at the
time, and the Spanish soldiers stationed at the furnaces
to protect the workmen from the natives were with-
I
-*
I
1))!' ii^l
ht»aftii rtiTii 11
SUTTER AND THE RUSSIANS.
S6
gentle
taking
iiorio de
AlcccU),
that in
rional, y
ivie " are
[id sdnic
ultiplied
rantulas,
-bugs, or
er found
b in his
ation as
»f gold in
luls," and
han dcs-
5 de que
to have
nea theth
of north-
1803, ex-
Id might
used in
li part of
vaguely
n Stock-
t in the
ans with
ancient
ne hun-
ces were
if Sp'lin,
ni at 1/1 le
farnaoes
fere with-
drawn during tlic revolution. A large body of natives,
headed by liis brotlier who was a chief, then attacked
and killed tlie miners, and the priests who were with
t!i( lu : since which time the lode has not been worked,
and the ])lace had been forgotten by all except those
engaged in tlie massacre. M. S. Brock way saw there
ill 18j1 veins of antimonial silver.
Count Scala writing in the NoiiveUcs AnvaJes (ks
Vniiaijcs, in 1854, asseits that althougli local tradition
has not jneserved any souvenir of the excursions of
tlie llussians into the auriferous re ijions wliich have
since been !)f such value to California, yet there are
unanswerable proofs that several officers of the Rus-
sian comjiany have ai ditl'erent times, between the
years 1812 and 1841, ])rocured a considerable quantity
of metal from the native tribes of Yuba and Chico.
"Nous montroros tout a I'heure," he goes on to say,
" (juc c'est aux Kusses de Bodega que les Americains
sont redcvables de 1' hcureuse decouverte qui leur
donne aujourd' hui la faculte d'etendre leur souver-
aincte dans la Nouvclle-Grenade et le Nicaragua, et
d'imposer leur influence a toutcs les republiques es-
]>agnoles du Pa(iH(]ue." In })roof of his premise
Scala's chain of argument is not in every link consis-
tent with fact. I will give it for what it is worth.
He does not know hov it occurred, or wliat might
have been the nature of the senices which Sutter
had rendered to the govermnent of Archangel, but
certain it is that one day the cajitain arrived in Cali-
fornia well n^conmiended to the authorities .it Ross and
Bodega, M. Goriett", a rich merehant established at
Yakoutsk, pretends to have shown him in 1838 or
183D a score of "kilos de lingots d'or et de pepites,"
which he had gathered live years before in the Sac-
ramento valley, whileon an excursion with the rifxihros
of the company. And Goriefl' counselled Sutter to
devote himself exclusively to the investigation of these
auriferous lands. However that might have been,
Scala continues, "no one then in California was igno-
i!|
99
THREE CENTURIES OF WILD TALK.
rant of tlic existence of gold in tlio Sierra Nevada
districts. The Creoles had often bouglit it from tlsc
Indian hunters, and in tlie time of the Spaniards the
missions had secretly procured it in large quantities.
The only obstacles which for a century had hindered
the workuig of these mines by white men were tlie
well known ferocity of the wild Indians, and ignorance
of the exact position of tlie placers. After having
made several excursions in the country pointed out to
him by M. Gorieff, Sutter went to tlie governor at
Monterey and asked a grant of the lands. This
grant, which comprised an area measuring eighty
kilometres in length and sixteen in width, was
traversed by the route from San Francisco to the
American posts on the Columliia river. It was a
virgin region, abounding in game, profusely watered,
rich in pasturage, and surrounded bv mild-mannered
tribes. Tliere Sutter establislied himself as trapper,
hunter, and agriculturist. When in 1841 the Rus-
sians evacuated Ross they sold to him tlieir material,
l)y which means he became strong enough success-
fully to withstand the provincial government. Thus
was due to the Russians, the conclusion is, the gold
dis(H>very in California, and her consequent greatness."
Here ends C >unt Scala, whom I have translated
accurately, if somewhat freely.
It is possible, even probable, that the Russians of
Ross and Bodega knew of the existence of gokl in
the Sierra f»)t)thills. They had every o[)portunity for
acquiring such knowledge, being in frequent conmiu-
nication with tlie inhaliitants of that region; and
there was no special inducement for them to notify
the Mexicans of the fact. But as for Sutter being
aware beforehand of the existence of gold in the
vicinity of New Helvetia, I am sure tiiat he was
not; first, because he told me so, and secondly, bc?-
cause, if he had known it his line of conduct would
have been different. Further than this, it is not true
that tlie Indios bravos were so fierce as successfully
if!
8CALA AND SUTTER.
37
Nevada
rom tl'.c
irds the
lantitica,
liindercil
;vcre the
rnorauce
r haviiuj;
sd out to
rcrnor at
Is. This
g eighty
idth, ' was
:o to the
It was a
watered,
mannered
s trapper,
tlie Kus-
niaterial,
li success-
lit. Thus
the gold
reatness.
translated
lussians of
l)f gold iu
iunitv for
[t conunu-
gion ; and
to notify
ttcr being
lid ' in the
it he was
fondly, bc-
ict would
Is not true
iccessfuUy
to guard their gold from the Russians. Tliey woie
not'^ fierce at all, hut ratlier as Sutter found them
" aux nioeurs douces et fiiciles.'
Hitliiiski tells of a laborer, a servant of tlie Rus-
sian American Company in California, wlio one day
Avtiit to tlie commandant with tlie story that he had
scrn gold in the bed of a stream, and advised that a
party" be sent to examine it. The man was told to
miiui his own business.
Add to the statement of Scala the testimony of
(Toveriior Alvaradi), given in the first volume of his
Jlisforia (k California, and it is almost certain that the
Russians of Ross and Rodcga were aware of the ex-
istence of gold in the valley of California as early as
1814. During the administration of Governor Ai-
gUdlo, Alvarado says that gold was found in the
jtossession of a Russian, El Loco Alexis he was called.
The man was in jail at Monterey at the time, impris-
oned with three others, pt'rhaps for drunk(Miness, or
for killing beaver, or, more likely, for being Russians.
Alexis would not tell how or where he obtained the
gold, and as he was shortly afterward sent to Sitka,
nothing came of it. Alvarado does not hesitate to
assert further that "we well knew of the existenct* of
gold di'posits on the slopes of the northern mountains,
but the Indians, who were so much more numerous
than we, prevented our exploring in that direction."
Because Phillips, in his Minerahfpj, edition of 1818,
spoke of gold in California, many thought he liad
knowledge of the existence of that metal in the Sierra
foothills.
In the possession of the San Francisco Society of
Pioneers is a" stone tablet, indicating the discovery of
gold on Feather river in 1818. It was presented to
the society by W. F. Stewart in 18G8, and is held in
great estimation by the wise men of the dav. The
stone is of hard, yellowish, sandy texture, about twelve
inches in length by an average of three inches in width,
THREE CENTURIES OP \^^LD TALK.
M
,iii
III
and one incli thick. It is flat, and on one side are
deeply cut, in legible letters, these words :
1818
GOLD
CAVE
IN TlIM
M. .SHIP
LODBM
L M
This cabalistic stone is said to have been picked up
on the west branch of Feather river, in 1850, by
William Thomas, and given by him to A. J. Pithan,
of San Jose, in 1851. Mr Thomas, after dilig<>nt
search, was unable to find the gold cave. Discussions
of possibilities or probabilities are wholly useless. Tlie
chances are a hundred to one, in my opinion, that
some miner of 1849 cut the letters for pastime, and
then threw the stone away, or gave it to some one to
make a good story out of
And now comes Mariano Guadalupe Vallejo with
similar testimony, that the Spaniards in California
kninv of gold, but could not profit by their knowledge
on account of the Indians. In the first volume of his
Illsforiade California he further states that, in 1824,
wliilo Captain Pablo do la Portilla was encamped at
San Emilio, Lieutenant Antonio del Valle, who had
a stock of beads, blankets, and tobacco, traded his
goods with the Chauchilas and Jozhnas for fourteen
thousatid dollars in gold, "cliis[)as de oro," emphasiz-
ing his statement by the further assertion that " el
teniente del valle trajo el oro d Monterey, y lo he
tenido en mis manos ; y por eso respondo de la verdad
del hechc."
Jose de Jesus Pico, still living in San Luis Obispo,
asserts that Father Martinez, the minister of the mis-
sion of that name, gave him and three fellow-soldiers,
in 1821), twenty ounces of gold in one ounce balls, and
that he believes the father must have picked it up at
the place named San Jose, near the mission. He
buspected that several Spaniards were for a time
SOME PROPHECIES.
side arc
picked up
1850, by
r. Pitlian,
r dili*^eiit
libcussions
less. The
[lion, that
stiine, and
me one to
dlejo with
California
cnowledge
unie of his
, in 1824,
anipc'd at
who had
traded his
>r fourteen
eniphasiz-
that "el
y lo he
la verdad
)
lis Obispo,
f the mis-
vv-soldiers,
balls, antl
ed it up at
sion. He
or a timt^
secretly engaged at the mission in refining gold and
silver, because the father had many flasks of (juicksil-
ver, as well as instruments and materials for refining
those metals.
Jedediah Smith is accredited with having found
placer gold near Mono lake, on the way back from
California, wliither he had led a party from the Salt
Lake country in I 825. Thomas S})rague, writing to
Edniond Iliindol}>h, in 18G0, states that he was well
aware of the fact, and that the spot where the gold
was fitund was on the route to Salt lake, and east by
nortli from Mono lake. Quite a (juantity of this gold.
Smith brouglit back with him to the American Fur
Company's encamjunent on Green river. His j)artners
Were so J (leased with his success that they induced
liim to return to tlie gold field, in which attempt he
lost Jiis life. The defeat of tlie party by Indians dis-
couraged the company, and they abandoned their
searcli f )r gold. Mr Sprague's statement as to tlie
route of Smith to and from California is only i)artially
correct.
As furtlier evidence that gold was believed to exist
ill California, may be mentioned certain laws and reg-
ulations framed by the Mexican government. Refer-
ring to the Vallejo ( 'olrcrio)) de Donnnoitos, we find that
on "tlie IDthof July, 1828, President CJuadalupe Vic-
toria transmitted to the governor of California a decree
of the Mexican congress equally ai>plica])le to all tlie
^[exican states and territories. All prtivious decrees
prohibiting the export of gold and silver bullion were
revoki'd, and states were permitted to collect duties.
Bars, (pioits, and rails nmst be numbered and stampcMl
with weiglit and fineness. Another decree, of the
13th of Septemher, lays down the rules for the ex[»or-
tation of gold and silver bullion. Permits might be
obtained by jjresenting petition and invoices at the;
custom-house. Then the formalities i)rescribed for
the authorities of the custom-house are given at great
length, besides a number of stipulations and penalties.
'40
THREE CENTURIES OF WILD TALK.
Upon the assertion of M. Duflot do Mofras mainly
rests the discovery of gold at San Isidro, in S'U
Diego county by a man from Guanajuato about 1828.
" A San Isidro," he says in the first >olume of his Ex-
j)hmitlon du Tcrritoire deV Oregon, dcs Californics, ct de
la Mer Vcrmeille, Paris, 1844, "tl quatorze lieucs dans
Test de San Diego, on trouve des mines d'or et d'ar-
gent qui furent exploitees il y a quinze ans par un
hommc de Guanajuato."
Padre Viader, a priest at Mission Santa Clara, is
said to have [)ossessed the gift of prophecy. Two
years before it occurred, he foretold the drouglit of
1821), and advised the<people to prepare for it, and
plant double the usual area. He likewise predicted
the discovery of gold in California, and the transfer
of that land to another nationality. This reminds
one of the many signs and omens pointing to the fall
of Monteruma, and the Mexican conquest, which oc-
cured during the century preceding that event.
Another prophet, who died hi 1830, was Padre
Magln Catahi, of this same mission. Among other
things he j)redicted that great riches would be found
in the north, and that people would flock thither in
great numbers. It is safe to affirm that among peo-
ple of extraordinary piety no important event ever
happens but that after the occurrence many persons
can be found who said that it would be so.
And now for the statement of a savage among
others who testify. Puleule, a Yuba, swore, as soon
as he had acquired that civilized accomplishment, that
when he was a boy, say in 1830, he had often amused
himself by picking from the gravel large pieces of
gold and throwing them into the water.
Manuel Victoria writing the Ministro de Rclaciones
says in 1831 that there are no mines of any value in
California ; that the pagans know of none ; and that
it is the opinion of experts that there are no minerals
in the country.
The unreliable editor of Tlie Natural Wealth of Cali-
'^
s mainly
, in S.*n
)ut 1828.
)f his Ex-
lies, et de
sues dans
r ct d'ar-
s par uu
Clara, is
•y. Two
ought of
»r it, and
predicted
! transfer
, reminds
o the ftill
which oe-
nt.
as Padre
)ng other
be found
hither in
[long peo-
ent ever
V persons
among
as soon
lent, that
li amused
bieces of
lelaciones
lvalue in
land that
I minerals
of Cali-
WARNER'S VHEORY
41
1
I'M
fornia, states that the first gold was found in the
Santa Clara valley in 18:};{, and that other deposits
were discovered in various i)laces in the Sierra INladre,
Blount, the pioneer, assured Bishop Kip in 18G4,
that thirty years before, that is to say in 1884, he en-
countered ore, wliich at the time ho thought to be
copixr, but tlun knew to be gold. The bishop dis-
plays extreme credulity even in repeating such a
statement. About on a par with this is the assertion
of Mr CJray, who wrote what he calls a TlisUm/ of
Orcf/on, tiiat two jovial })riests. brought to the Oregon
coasts by the Hudson's Bay Comi)any, discovered,
when wandering among the Bocky Mountains, pare
silver and gokk'n ores, specimens of which they car-
rle<l to St Louis and Europe. What their jollity had
to do with it the historian does not explain; nor does
he give us proof that any assertkni of this kind Was
made bv them prior to the discoverv of Marshall.
(Governor Alvarado thinks it imj)ertinence on the
part of Sutter and ]\[arshall to claim the honor of the
ii'old discovorv ; for in the fourth volume of his His-
i<iria <lc California he observes, "que el pueblo Amer-
icano es esencialmente egoista cuando trata do hacer
apare^er al sefior Marshall como primer descubridor
dil oro en California; (|U0 en buena hora la legislatura
de premios y pensiones ii (juienes so le Antoje, yo no
me mezelo en esos asuntc^s, desde que mi voz seri'a
(l(Mnasiado debil para efectuar reformas que la mayo-
rir de los legisladores no desean ver implantadas; pero
e\ijo que no se cina con laureles (jue de justicia perte-
necen d mis compatriotas, la frente de Sutter, Mar-
si lall y demas aventureros que a cada bienio se
])resentan ante la legislatura del Estado reclamaiM* >
reconqtensas por servicios quo ban estado mi y lejos
de prestar, y por descubrimientos que habian sido
hechos mas de quince afios dntes que k)s titulados
descubridores del oro Viniesen d California."
My old friend Warner gives the most plausible ex-
planation as to the origin of the many ungrounded
\v >
9
« THREE CENTURIES OF WILD TALK.
rumors concerning the early discovery of gold ' .ili-
fornia. Several persons, he says, coming iv this
country, brought with them bullion or dust, to be
used as money, which passing into commerce, was
handled by different persons and ship[)ed at various
times to various places. Thus Palacios, arriving in
18IU as agent for a Guaymas merchant who had pre-
viously shipped goods to California, and had purchased
land and cattle, brought a considerable quantity of
grain gold and silver bars, obtained in Sonora, where-
with to facilitate his operations. About the same time
J. P. Leese arrived from New Mexico, having in his
possession placer gold to the value of several thousand
dollars A large proportion of this treasure fell into
the hands of the agents of Boston merchants, and
was shipped to Boston, California thus acquiring
the reputation in certain circles of a gold-producing
country. Thus Mr Dana, referring to the cargo of
the Alert, states, in his Tiro Years Before the MaM, that
among other things was a quantity of cold-dust
brought from the interior by Indians or vicans.
And he learned further from the owners \ .j was
not uncommon for homeward-bound vessels to have
on board a small quantity of gold. Rumors of gold
discoveries were then current, he adds, but they at-
tracted little attention.
In Mexico, by a law of March 24, 1835, was created
the Estahlecimlento de Mineria, which body was to
superintend the mines of California, in case there were
any, as well as those of northern Mexico.
Notwithstanding all these affirmations, oaths, and
prophecies, Alexander Forbes, in 18.35, writes :
"There are said to be many mines of gold and silver
in the peninsula, but none arc now worked, unless, in-
deed, we may except those of San Antonio, near La
Paz, which still afford a trifling supply." And again:
— " No minerals of particular importance have yet
been found in Upper California, nor any ores of
metals." And speaking of the coming of Hijar's
UNRKLIABLE TESTIMOXY.
43
[1 ' ali-
; u tills
,st, to bo
orce, was
t various
[•riving ill
) had pre-
purchased
lantity of
'a, where-
same time
ing in his
thousand
•e fell into
lants, and
acquiring
producing
3 cargo of
Maftt, that
rMd-dust
vicans.
.J was
8 to have
rs of gold
b they at-
as created
y was to
here were
aths, and
writes :
,nd silver
mless, hi-
near La
nd again:
have yet
ores of
Hijar's
party, he says, "Tliere were goldsmith's proceeding
to aVountry where no gold existed."
While (HI a visit soutli in 1 874, I met at San Luis
OhisiM), Mr Henry B. Blake, author of a historical
ski'tch of southern California, who stated that the
first gold shipited from Califoriiia was in IH86, and
canu> from the source of the Santa Clara river.
With regard to gold in Lower California, the Pf?*?^2/
Ci/rlopirdhi of 1830 says : — " The mineral riches arc very
inconsi<leral)le. Only one mine is worked about ten
or twelve miles nortliwest of La Paz, where gold is ex-
tracted, but the metal is not abundant." The San
Antonio mine is the one referred to. " It is sujiposed
that the western declivity of tlie mountains contains
a considerable (juantity of minerals, but if this be the
case they will probably never V)e worked, as this part
of the peninsula is (juite uninhabitable." And the
country to the northward is not V' ry different in the
(•pillion of this writer, who ccmtinues: "In minerals
ITpper California is not rich. A small silver mine
was found east of S. Ines, but it has b( en abandoned.
In one of the rivers falling into the southern Tule
Lake, some gold has been found, but as }et in very
small quantity."
CHAPTER III.
FURTHER RUMORS OP THE EXISTENCE OF GOLD IN CALI-
FORNIA PRIOR TO THE DISCOVERY BY MARSHALL.
Is yellow dirt the passion of thy life ?
Look but on Gripus or on Gripus' wife.
— Pope.
Nearer the mytlilc than any we have yet encoun-
tered, in point of elaboration at least, is the story told
in 1865 bj the Paris correspondent of the London
Star. The writer claims to have discovered, in a pri-
vate collection hi Paris, belonging to an antiquarian
named M. le Carpentier, the first gold found in Cali-
fornia. It was in this wise: During the revolution
of 18.S0. and for years afterward, M. le Carpentier
had felt somewhat nervous iest his collection should
be seized by a mob or by burglars, for it wr.,s now
very valuable. While in this frame of mind he was
startled, late one night in 1837, by a loud knocking at
the street door. After some delay he opened it with
great precaution, and there stood a middle-aged n)an,
emaciated, apparently in wretched health, and in tat-
tered garments.
"You do not know me," began the individual,
speaking somewhat wildly, " but I know you, and
tliat is enough. I want you to assist me in applying
to government for a vessel and a hundred men, and I
will bring back a ship-load of gold." The antiquary's
face showed what he thought of the proposal.
" Oh, I am not mad," the invalid continued. " See
hercl You are wise. You know the value of this" —
producing from his pocket a large piece of quartz,
M. le Carpentier was
richly impregnated with gold.
S3ME STRANGE STORIES.
45
a kindhearted man but not avaricious, and he still
tlif)ught his visitor a little insane. Leading him with-
in, he set food before him, and then giving him for
a ]Mcce of the quartz a napoleon, and telling him to
call again whenever he pleased, dismissed him.
The man never reappeared, but the rock, when anal-
yzed, was found to be rich in gold. Fifteen years
elapsed, and the incident was well-ni^h forgotten,
when one day a small, heavy parcel, enclosed in a torn
and greasy handkerchief, was handed with a letter to
the antiquarian, by the keeper of a lodging house
i:i a neighboring street, who said that they were left
tliore by a man who had died, and that they liad been
a long time mislaid. What was the antiquary's as-
tonishment, on opening the letter, to find it from the
poor invalid, and dated but a few days after his visit,
while the heavy package was the block of quartz.
" I am d}'ing," he wrote. " Ycu alone listened to
me. You alone stretched out a helping hand. I be-
queath you my secret. The country whence I brought
this gold is called California I "
It is stated that a Scotchman, Young Anderson by
name, attempted, in 1837, io enlist English capital in
mining ventures, through representations made to him
by a Guatemalan priest who had lived in California,
that gold existed in the neighborhood of San Francisco.
The Scotchman was unsuccessful.
In 1 8 5 1 , some three years after Marshall's discovery,
it was related in the Worcester Transcript that one \V.
F. Thompson, an experienced trapper, remembered
having found gold while on the north Yuba, some
twelve years before, a pound of which he carried with
him to Fort Leavenworth. There he left it, no one
seeming to know or to care what it was. When tidings
of the g()ld excitement were noised abroad, he was
engaged in trapping in the far north, and recognizing
his mistake, at once hurried back to the spot, only to
find every inch of the ground uprooted.
There was quite a mania for mining in .A.lta Cali-
46
FURTHER RUMORS OF GOLD.
fornia about the year 1840. Silver was then the
attraction, rather than gold. Men, women, and
children talked about their ores very much as in later
years stocks were discussed. Copper was about that
time discovered at Soledad pass, some ninety miles
nortli of Los Angeles.
The Quarterly Review of 1850 states that the English
botanist, Douglas, was blamed for not having discov-
ered gold on this coast after having travelled over so
much of it, and that, too, when "the roots of some of
the pines sent home to England were found to have
small flakes of gold held together in the clotted earth
still attached to them 1 ''
Juan B. Alvarado says that the rings which he
used at his wedding, in August 1839, were of California
gold, and tliat his eldest daughter has still in her pos-
session a golden ring fashioned in 1840 at Monterey
from metal procured at San Fernando.
In his manuscript dictation, CaVifomia 1841-8, John
Bidwell remarks: "Among our party of 1841, the
general opinion was that there was gold in the Rocky
Mountains. Some trapper in the Black Hills had
picked up a stone, and carried it with him for a whet-
stone, and in the pocket in which he carried the stone
he found a piece of gold. My comrade, James John,
before mentioned, actually proposed to me, while we
were crossing the plains, to remain behind tlie com-
pany in the Rocky Mountains to hunt for gold and
silver. It was almost a daily occurrence to see men
picking up shining particles, and believing them to be
something precious."
When James D. Dana, of the United States' ex-
ploring expedition entered California from Oregon, in
1841, — it is remarkable how many authors copy each
other's errors, and write this date 1842, — he noticed
that "the talcose and allied rocks of tlie Umpqua and
Shasty districts resemble in many parts the gold-
bearing rocks of other regions, but the gold, if any
there be, remains to bo discovered." And on liis re-
THE SAN FERNANDO MINES.
47
turn, when he published his book on geology, he made
mention of gold-bearing rocks and quartz vehis both
in Oregon and California. Hence the report became
current, after the discovery of gold, that Dana had
told of its existence in California seven years before,
which was not the case, as he himself distinctly states.
" It is very doubtful," justly observes Tuthill, in his
Uktoni of California, "whether it occurred to Profes-
sor Dana that there was gold to be found here in
quantities that would ever get into more practical use
than to lie as rare specimens behind plate doors in
tlie mineralogical cabinets of the colleges." Murchi-
son made similar remarks on the auriferous rocks of
Australia, and so have twenty other persons spoken
of twenty other places, which, however, is far from
the actual discovery of gold. It is, moreover, a little
singular that so shrewd a man, and so experienced a
scientist as Dana, should not have seen the gold
which with the sand and gravel he displaced during
his journey along Feather river.
James Anthony jTroude claims that by reason of
his geological knowledge Sir Roderick Murchison was
enabled to foretell the discovery of Australian gold.
It is true that Murchison said that tliis metal might
be found in Australia; a safe affirmation for one hiving
no claim to geological divination, and considering the
sizj and character of the country.
At last we have a vcritabl(> gold discovery, and
gold mines worked in Alta California, with greater or
less success, for a period of six years prior to the dis-
covery of Marshall. They were situated in the San
Fernando vail jy, on the rancho of Ignacio del Valle,
fourteen leagues from Los Angeles, and eight from the
San Fernando mission, toward the Sierra Nevada.
Tlie discovery, which occurred in March 1842, was in
this wise : Two vaqueros were searching for stray cat-
tle in the valley, and when tired, threw themselves
uj on the ground to rest. One of them casually tak-
ing some earth in his hand, noticed shining particles,
-.*s
In'
w
hi
I
48
FUKTEER RUMORS OF GOLD.
which he fancied were copper. He showed them to
his companion, who said they looked hke gold, and
then scraped up some earth, and rubbing it between
his hands, found more of the metal. Both decided to
take the dust to Los Angeles, and ask the opinion of
some of their friends who had worked in the mines of
New Mexico. It was not until some days later that
they arrived there, and showed it to certain Sonorans
who were then at the settlement. They declared that
it was placer gold, and asked Francisco Lopez — for
that was the name of the man who fi^und it — to take
them at once to the locality. Soon afterward they
set farth, with a number of their friends, for the San
Fernando valley, guided by the two vaqueros.
Another version of the discovery is, that in the
early part of 1840 Don Andres Castillero, a Mexican
mineralogist, picking up a pebble, called tepustete by
Mexican placer miners, in the vicinity of the Las
Virgenes rancho, remarked that wherever tliese stones
were found gold must exist. Francisco Lopez, the
discoverer, overheard the observation and remembere I
it, when, some months later, while plucking wild
onions, a similar pebble was found in tlie soil around
the roots. He set to work examining the earth, and
found a grain of gold. Juan Manuel Vaca, owner of
the rancho on which was built the town of Vacaville,
was the first to carry the news to Governor Alvarado at
Monterey, presenting him with an ounce of gold con-
tained in quills, from which was made a pair of ear-
rings for his wife and a ring for his eldest daughter.
In 1842, these mines were worked for a distance of
ten leagues, and in 1844 for thirty leagues. The gold
was of the best quality, and many representations
wore made to the supreme government urging the
necessity of thorough surveys, and of develophig the
mineral resources of California. In the Coleccion de
documentos relativos al departamento de Califomias,
Manuel M. Caj-.tafiares writes, " this branch ought to
be considered less worthy of attracting attention than
MISLEADING STATEMENTS.
49
agriculture. It is nevertheless, of great importance,
and I have the satisfaction of assuring you tliat it
forms ii California one of the most valuable resources
which that department contains."
The bod whence the gold was obtained was of
gravel, and the cuts into tlie banks, even as late as
1845, did not exceed thirty feet. Some of the more
experienced miners, were able by merely looking at
tlie ground, to tell whether or not it contained gold,
and would scrape the surface with a scoop or spoon
made of bullock's horn. The earth was then thrown
into a basket, which was emptied on a platform made
of stakes about three feet high, driven close together
into the ground, with poles placed lengthwise and
filled in with grass, the whole being covered with a
cotton sheet. Then water from a distance of six
feet was thrown over the nmd, and in an hour or
two the diit would be washed away while the gold
remained.
As soon as this gold discovery was more generally
known, many people tic?ked to the mines, and in May
1844, Ignacio del Valle wag appointed juez de policia,
and Zorrilla, his substitute, to keep order, as well as
to levy dues upon the sale of liquors, to portion out
the land, and to impose taxes if necessary. It was
his business likewise to collect fees for wood, pasture,
and mineral privileges. About this time there were
one hundred persons at work in the mines; but the
numbers decreased as the rumiing water failed, which
they continued to do until the miners were unable
to obtain enough to drink. They were a steady
and hardworking people, but with all their labor were
unable to earn more than from one to two dollars a
day. So scanty indeed were their earnings that no
taxes or dues were levied for that year,
Abel Stearns hi November 1842 sent to the Phila-
delphia mint for assay, as specimens of this placer
gold, eighteen and three quarter ounces mint weight,
and twenty ounces by California weight, which in
CajlInt. I'uc.
80
FURTHER RUMORS OF GOLD,
iii
H If 'If
1 rfl'
Hi Mn
August following was returned with the accompany-
ing certificate. "Before melting 18 34-100 oz. ; after
melting 18 1-100 oz.; fineness, 926-1,000; value
$344.75; deduct expenses, sending to Philadelphia,
and agency there, $4.02; net $340.73."
By December 1843, two thousand ounces of gold
had been taken from the San Fernando mines, the
greater portion of which was shipped to the United
States; and from that time little is heard of the place
till in 1845 Bidwell visited it, and found o.ily thirty
men at work whose gains did not exceed twenty-five
cents a day.
E. E, Pickett states that in 1842 he met men in
the Rockv Mountahis who had been in California and
who said that gold was there. " They were not the
first to give such information since I had read the same
when a boy." It is such statements as this that have
so often deceived the public. Mr Pickett never read
of gold in Alta California when a boy. " The first
hide drogers and other traders who visited this coast,
even as long ago as the last century, obtained small
quantities of gold-dust washed from the earth in the
southern part of the state." This assertion is likewise
misleading if not absolutely untrue. I have elsewhere
explained how small quantities of gold found their
way to the coast.
In the Emigrant's Guide to Oregon and California, by
L. W. Hastings, printed at Cincinnati in 1845, ap-
pears the following : — "The information which I was
able to acquire does not afibrd me sufficient data
upon which to predicate any very accurate conclusions
in reference to the mineral resources of California;
but sufficient investigations have been made to deter-
mine that many portions of the mountainous regions
abound with several kinds of minerals, such as gold,
silver, iron, lead, and coal, but to what extent, the
extreme newness and unexplored state of the country,
utterly preclude all accurate determination. It is,
however, reported in the city of Mexico, that some
SANDELS, AKD THE KING'S ORPHAN.
SI
Mexicans have recently discovered a section of coun-
try. in the extreme interior of California, which af-
fords ample evidences of the existence of both gold
and silver ore, in greater or less quantities, for thirty
leagues in extent. Since this report is so very extra-
ordinary, and since it originated as above stated, the
safest course would be to believe but about half of it,
and then, perhaps, we should believe too much.
Doctor Sandcls, a very able mineralogist, who had for
some time been employed in his profession by the
government of Mexico, spent four or five months in
mineralogical investigation in Upper California. It was
from this gentleman that the above information was de-
rived, hence it is entitled to imi)licit reliance." Sutter
took a great interest in this scientist, and in his labors.
Sandels was a Swede educated in London, as Bidwell
says, though Thorpe affirms that he obtained his edu-
cation in a government institution in his own country,
and that he called himself one of the king's orphans;
that is, in return for an education at the expense of
tlie government he was to make investigations in
foreign parts for the benefit of the institution, such
being one of its regulations. Others say that he had
lived in Mexico and was sent by the duke of Bedford
to explore California.
Bidwell thinks that he had been in Brazil, and was
for some time associated with M. Bonpland. He is
said to have been robbed in Mexico, of the proceeds
of property sold in Brazil to the amount of $189,000,
though how the king's orphan obtained such a sum
no one attempts to explain. Sandcls spent several
days at New Helvetia enjoying the hospitality of its
proprietor, who took great delight in his society.
Seeing him so much interested in minerals, and so
unwearied in his researches thereabout, Sutter said to
him one day, " Doctor, can you not find me a gold
mine ? " Placing his hand upon the shoulder of his
host, the doctor replied, " Captain Sutter, your best
mine is in the soil. Leave to governments to provide
52
FURTHER RUMORS OP GOLD.
the currency." This was in 1843. Bidwell further
states that Sandels explored as far north as Chico
creek. Mr Dickey was with him. They did not
examine any mountains except the Buttes. On his
return to the fort Sandels reported " indications of
gold, but that unless the mountains on the sides were
richer than those in the valleys, the mines would not
pay to work."
A man came from the southern part of California
to Sutter Fort in the autumn of this same year, 1843,
calling himself Juan Baptiste Ruelle. In an old quill,
which looked as if it had been brought from New
Mexico, were a few particles of gold, which he said he
had found on the American river. This excited the
suspicions of Bidwell, who was present, and these
suspicions were increased when the man asked for two
pack-horses laden with provisions, and an Indian boy
to attend him. He wished to go in search of gold,
he said, and he would be absent several days. There
was a company of Canadian trappers in the vichiity
about to start for Oregon. It was not known that
Ruelle belonged to them, but it was feared that with
so valuable an outfit he might forget to return.
Hence his request was denied.
E, Stevens, a practical gold-miner from Georgia,
and the leader of Townsend's party in 1844, came to
California with the avowed purpose of discoverin;;'
gold. While crossing the Rocky Mountains, or
shortly afterward, he thought that he recognized in-
dications, and one night, when encamped at some
point in Utah, washed out a small quantity of dirt
and found the color. Nevertheless, this mining ex-
pert and professed gold seeker crossed the Sierra, re-
turned to its summit in the spring for the wagons of
his party, and thence to camp, thus, without being
aware of it, travelling several times over the very
ground of which he was in seaich. In the Souther)!
Quarterly, in 1845, some one made hap-hazard the fol-
LARKIN'S STATEMENT.
88
lowing statement, referring to California: "In tlie
lieart'of the country rich veins of gold ore exist."
Both silver and gold were reported noi-th of San
Francisco bay in 1845 : ''Mines of gold, silver, cop-
;per, lead, sulphur, and quicksilver," writes an cmi-
1 grant in 1846, "are being found in all directions."
f And then he mentions as in operation two quicksilver
niines, yielding thirty per cent of pure ore, one on the
Inorth and the other on the south side of San Fran-
jisco bay. " No less than seventy denouncements of
nines have been made to the alcalde of San Josd
'itliin the last five months. . .The evidences now arc
that there is a vast field for mining operations about
to open here."
Koporting to Commahder Montgomery May 2,
[l84n, in answer to a request for information respect-
ing mines in California, Thomas O. Larkin, United
[States consul at Monterey, makes the following state-
bnent: "At San Fernando, near San Pedr6, by
I was] ling the sand in a plate, any person can obtain
[from one to five dollars per day of gold that brings
[seventeen dollars per ounce in Boston. The gold has
[been gathered for two or three years, though but few
have the patience to look for it. There is no doubt
{in my mind but that gold, silver, copper, quicksilver,
lead, sulphur, and coal mines are to be found all over
Califi^rnia. But I am very certain that they will
[under their present owners continue as they are.
iTlie Indians have ahvavs said there were mines, btt
w'ould not show their location, and the Californiant:
[do not choose to look for them." Elsewhere in his
report he mentions the copper mines of Juan Bandini,
ninety miles south of San Diego ; coal on the rancho
(>f Rafael Gonzalez, seventy miles south of Monterey,
and at San Pablo; sulphur beds twenty-five miles
[north of Monterey, and also near Sonoma; silver
[mines about sixty miles north of Monterey; asphal-
[tum in various places; quicksilver near San Josd and
[Sonoma; silver and lead twenty miles from Monteiey;
f 'I
ill
S4
FURTHER RUMORS OF GOLD.
lead on the rancho of Captain Richardson ; black lead
at various points, and slate on the Sacramento river.
On the 4th of May, 1846, Larkin writes from Mon-
terey to the secretary of state at Washington: "By
the laws and customs of Mexico respecting mining,
every person or company, foreign or native, can pro-
sent themselves to the nearest authorities and denounce
any unworked mine. The authorities will then, after
the proper formalities, put the denouncer in possession
of a certain part of it, or all ; which is, I believe ac-
cording to its extent. The possessor must hereafter
occupy and work his mine, or some other person may
denounce against him. In all cases the government
claims a certahi portion of the product. Up to the
present time there are few or no persons in California
witli sufficient energy and capital to carry on minint;,
although a Mexican officer of the army, a padre, and
a native of New York are, on a very small scale, ex-
tracting quicksilver from the San Jose mine."
Besides the statements having some pretentions to
truth were many absurd stories ; such as that gold
was discovered by the Mormons in fulfilment of a
prophecy of Joseph Smith ; and again, that a Pawnee
chief, to whom Sutter had given a rifle, and who dit d
some three months later, appeared to Sutter in the
spirit and told him where to find gold, begging hiui
meanwhile to buy with it a rifle for every member of
his tribe. In 1864 John Bidwell was told by Brig-
ham Young that some of his men claimed to have
found gold prior to the discovery of Marshall, but
that it was doubtless a mistake.
After a brief visit to California L. W. Sloat, in
December, 1846, read a paper before the Lyceum of |
Natural History in New York, in which he said: "I
am confident that when it (California) becomes settled,
as it soon will be by Americans, the mineral develop-
ments will greatly exceed in richness and variety the
most sanguine expectations " — which after all was no j
very remarkable prophecy.
BANDINI, PICKETT, EVANS.
n ; black lead
iimento rivtr.
,es from Mou-
ngton: "By
?ting mining,
tive, can pic-
and denounce
ill then, afttr
rin possession
I believe ac-
lust hereafttr
jr person may
e government
b. Up to the
i in California
ry on minin^^
a padre, and
lall scale, ex-
nine."
pretentions to
as that gold
ilfilment of a
ihat a Pawnoo
and who diid
Sutter in tlic
bejxijing hiin
ry member »it
;old by Brig-
imed to ha\ o
Marshall, ))ut
W. Sloat, ill
le Lyceum of
he said: "I
comes settled, ^
leral develop-
id variety the ^
er all was nof
1
Juan Bandini imagined, in 1846, that the hills
around San Diego were impregnated with metal ; in-
deed a metal of some unknown description had already
been discovered. Writing in his Historia de la Alia
Culiforuia he says: "Empero, de lo que yo creo que
son abundantes estas pequenas sierras es de metales,
pues todas las piedras de la superficie aai lo indican, y
aini se lia sacado para fundicion un metal cuya calidad
no se lia conocido, atribuyendo esto d la escasez de
honibres de conocimicntos mineralogicos."
"During 1847," Picket says, " and particularly in
the fall of tliat year, there was quite an excitement in
San Francisco and San Jose on the subject of mineral
discoveries. But this was mostly in reference to
quicksilver and silver mines, which were reported to
bo rich and numerous in the hills and mountains
bounding botli sides of the valley of San Jose. To-
ward winter this excitement subsided, all the silver
mines having proved to be humbugs."
One George M. Evans, of Oregon, aspires to the
distinction of having been among tlie first to find gold
in California; or at least lie attempts to throw Mar-
sliall into the background. If wliat he claims for
himself has no better basis of truth than what he
claims for others, he may take the palm for unblush-
ing impudence and mendacity. Meanwhile let him
be satisfied with the notoriety to which he has already
attained ; for its odor will not be improved by further
agitation. So far as I am able to ascertain, it was he
who started the story of Cabello, before mentioned,
and most bungling work he made of it. Will Mr
Evans tidl us to what lingo belong the words jtliurros,
and- Jxrconladd en Historia cl California Alfa, antl lunv
ho obtained information that the mission of San Jose
was built on the bay of San Francisco in lG72,a hun-
dred years before ever a Franciscan was on the giound ?
I do notsay thatall which heaffirmsis false, for I have
no mea.is of knowing. I only say that the statements
which I know to be Calse cause me to distrust all his
^if i
86
FURTHER RUMORS OP GOLD.
assertions. A Mexican named Salvador, he says, was
sliot at Yerba Buena in the autumn of 1845. On Lis
})orson was gold-dust to the value of a thousand dol-
ars or more. He at first refused to tell where he
obtained it ; but in his dying hour relented, and ix)int-
ing "in the direction of the San Jose mountains,"
cried, "lejosl lejosl" Where the San Jose mountains
are situated, or what mines were ever found beyond
them, !Mr Evans does not relate. While with a party
of Mormons, who, in the autumn of 1846, ascended
the San Joaquin river, on " the sand point of the small
island opposite to what is called the entrance to Stock-
ton, then called Lindsey's lake," he picked up some
yellow specks from the bank, and remembcrhig '."liat
the Mexican, Salvador, had said, wrapped them in
paper, took them to Yerba Buena, and testing them
with acids found them to be gold.
If this be true, why did not Mr Evans gather gold,
or publish his discovery ? Because, as he claims, of
" not having any idea of the gold being in such quan-
tity as was afterward proved." But if it was not
there in quantity sul'icient even to be worthy of men
tion, where did Salvador obtain his bag of it? A'^a' ,
in Auijfust, 1847, in company with Reading and Per-
kins, Evans writes, " we explored the mountains near
San Diego, and near the river Gila, where we found
gold more abundant than has since been found on the
north fork of the American." If this was true it is
singular that some one did not go there and gather
it.
Once more, on being informed by Henderson Cox
that he and others were about to explore a route
across the mountains for the approaching Mormon
exodus, he told him of Salvador, and drew for him a
chart of the country. Cox went his way, came upon
Mormon island and the gold there, and invited Evans
to join Inm. The latter reached that point on the
19th of January, 1848, and by the 8th of February
had nineteen thousand dollars. On the next day
%
3
EXTRAVAGANT INVENTIONS.
m
while lie ami others " were in the lower end of the
nr.ll-riu'o, Marshall the overseer and his little girl
{•line in, and the child picked u^) a pretty stc^nc, as
she called it, and showed it to her father who pro-
n )ancod it •4«)ld, He was so excited about it that he
sai Idled his horse and that day rode to Sutter's fort
to tell Captain Sutter, hut he clid not believe it worth
n )tico, and for a while the idea died away. The
Mormons wishintjj to keep their discoveries a secret
from people not Mormons worked out the gold and
said nothmjj; more . . . Marshall died either four days
before he arrived home in the eastern states with a
barrel of gold, or four days from the coast." Amongst
the falsehoods so thickly scattered here, it is difficult
to detect a i)article of truth. Marshall never went
ea^t never had a barrel of gold; was not dead; the
Mormoir, never worked out the gold ; never wished
to keep their discovery secret from all who were not
Mormons, nor did they first discover gold; Evans
was not present when the first gold was found at the
saw-mill ; the idea with Sutter never died away ; Cox
and Beardsley were not the first to find Mormon
Island ; Sutter did believe ^Marshall's statement backed
by tne evidence worth his notice ; IMarshall's child did
not pick up the gold ; Marshall had no child present ;
and so on back to the beginnins.^. I must apologize
for occupying so much space i?\ criticising a work so
unworthy of notice as that of George M. Evans;
but if this for myself be necessary, I should apolo-
gize in a ten-fold degree for the many journalists,
here and in the east, who published his Munchau-
senisms as facts, and thus imposed on a credulous
public. One of his statements Evans concludes
with the oflensivo intimation that he would not ob-
ject to a gift from the government in return for the
inestimable benefit conferred by him on mankind.
Several attempts have been made to rob Marshall of
the honor of tlie discovery ; but so far from the exist-
ence of extensive gold deposits being known prior to
58
FURTHER RUMORS OP GOLD.
the building of the saw-mill, it was with difficulty
men could be made to believe the fact even after it
was ascertained beyond a doubt.
I will inflict upon the reader but one more of these
pure inventions whose sole merit is their extravagance.
A stranger giving his name as Bennett entered
Brown's hotel, San Francisco, in the summer of 1847.
After inviting the landlord to drink, he asked him
whether he knew of any one having a thousand dol-
lars to invest in something which would yield enor-
mous returns, and being thereupon introduced to one
George McDougall, said that he wanted a thousand
dt)]lars to invest in blankets for traffic with the In-
dians, offering as security two imall bags contaii ing
what he declared to be gold. The men of San Fran-
cisco looked at the backwoodsman as if they thought
him demented. Meanwhile McDougall's wrath was
rising, and finally he broke out. " Do you think
I am a fool ! " Bennett walked off, muttering
" Yes, I think you are ; and j'ou will find it out one
of these days." In the autumn of the following
year he aijain visited San Francisco and showed
Brown three hundred pounds of gold-dust, stathig
tliat after his interview with McDouijall he v/ent to
Monterey to obtain either the money or the l)lankct.s
from Thomas O. Larkiii, " but as soon as he laid eyes
on him he concluded not to ask."
In 1847 three noted characters of the day, Moun-
t;>iu Jim, Dutch Fred, and Three-fingered Ja(k
sported silver buttons in Monterey, the metal wliere-
for, they said, had been taken from the old Indian
claim on the south branch, or Carmelo creek. Some
soldiers traded government rations for the buttons,
and the army paymaster finally had them assayed at
Wasliinirton where they stood the test. It was com-
mon cn(mgh in 1847 and 1848 to see silver in the
hands of tlio nat' /es at the Carmelo ; but little was
thought o^ '^ ftC the time, for during the war many
mission flagons, censors, chalices, and candlesticks
rh difficulty
v^en after it
ore of these
travagance.
3tt entered
iier of 1847.
asked him
ousand dol-
yield enor-
uced to one
a thousand
dth the In-
i contaii ing
f San Fran-
ley thouglit
wrath was
> you think
muttering
it out one
e followhig
nd showed
ust, stathig
lie v/ent t(»
he l)lankcts
10 laid eyt s
'A
HrOHER AUTHORITY. 69
liad l»ccn melted down, the metal finding its way into
trade.
In liis message of 1848, President Polk stated that
at the tune of the acquisition of California, the exis-
toiice was known of precious metals to a considerable
extent — referring of course to the developments in
the soutliern part of the state.
" Although rumors of the existence of gold in Cal-
ifornia had occasionally been heard," said Dwinelle in
an address before the society of Pioneers in 1866,
"still they had never been verified or traced to any re-
liable source; and they were regarded as we now
regard the fal)ulous stories of the golden sands of Gold
Lake, or tliose of Silver Planches which are said to ex-
ist in the inaccessible deocrts of Arizona,"
Tinkham, in hia History of Sfockton, says that Weber
was not surprised to hear of Marshall' > discovery, "as
he knew tliat gold existed in the mountains of San
Luis Obispo and Santa Biirbara, bo' ause he had re-
reived dust in small (|uantities frjni the Mexicans at
San .L)sd" — a reasonable deduction truljM
The ri ader has probably observed how many there
were wlio already knew of the existence of gold in
California as soon as Marshall discovered it. Sutter
never pretended to this, though he thought it strange
that the natives had not brought him gold, for he was
alwayj^ urgijig them to collect for him any curiosities
that could be gathered in the mountains; in answer
to which appeal were brouglit to liim plants, animals,
birds, fruits, pipeclay, red ochre, and legends of vari-
ous kinds, but never gold.
" I was in possession of a fact," writes the Rev. W.
Colton.alcade of Monterey, hi May 1841), "which leftno
doubt of the existence of gold in the Sta'iislaus, more
than a year prior to its discovery on the Anieri( an
Fork." Reverend and dear sir, no one doubts that
gold was there l)efore Marshall found it; it is tl c
knowl'dge of itsexist(>nc(> that was not as yet revealed.
**A wild Indian," Mr Colton continues, "had strag-
#
FURTHER RUMORS OF GOLD.
i
glcd Into Monterey with a specimen which ho had
lianiniercd into a clasp for his bow. It fell into the
hands of my secretary, W. R. Garner, whocomnmni-
cated the secret to me. The Indian described the
locality in which it was found with so much accuracy
that Mr Garner, on his recent excursion to the mines,
readily identified the spot. It is now known as Car-
son's Diijifino-s. . .It was the full intention of Mr Gar-
ner to trail this Indian at the first opportunity, and
he was prevented from so doing only by the impera-
tive duties of the office."
Both Parsons and Barstow affirm that previous to
his discovery, Marshall had often expressed his belief
in the existence of gold in the mountains; and Mrs
Weinier goes so far as to assert that the discovery
was not accidental. It is indeed somewhat remarka-
ble that the secret remained so long unrevealed. The
ground had been traversed these many years by na-
tives, by servants of the fur-companies and free trap-
pers, by emigrants, by explorers, and by professional
scientists who observed nothing, notwithstanding that
the tell-tale blush was there upon the foothills plainly
visible to those who could read it. And yet it is no
matter for surprise. Do not even the most gifted
in this latter-day dispensation, with all the brilliant
11 'lit revealed bv science, walk as men blind or dream-
iiig, while on every side, wrapped in the invisible, or
latent in the earth and air and sky, arc secrets as
manifold, and as pregnant with meaning as any hith-
erto divulged, awaiting but the eternal maich of
mind ?
If Dana and Sandels, or any of those whohavebeen
heedlessly 'redited with the discovery, had really
found gold as did Marshall, and had published it to
the world as did the teamster, how different micrht
have been the destiny of the Pacific coast nations.
To England, or to France, either of which countries
would have paid thrice over the paltry fifteen
millions and the indemnity duo the United States,
PECULIAK DESTINY.
61
[i he had
[ into tlic
coniDiuiii-
ribcd the
I accuracy
the mines,
n as Car-
f Mr Gar-
unitv, and
16 impera-
)revious to
1 his belief
; and Mis
discovery
b reniarka-
aled. The
ears by na-
M
\ free trap-
Drofessional
mdinix th.at
ills plainly
et it is no
nost «i;ifted
le brilliant
or dreani-
Hvisible, or
secrets as
any hitli-
maich of
haveheen
had really
shed it to
rent might
st nations,
countries
Itry fifteen
led States,
1^
'4.
California i^ight then have belonged; or even Mexico
herself might have awakened from her lethargy, and
gathered from this new-born El Dorado sufficient gold
wherewith to satisfy her creditors. In such a case
how different wt)uld have been the appearance, for
better or worse, of the hills and valleys of the golden
state.
Morever, without the gold of California to counter-
balance that which England found in Australia, where
would have been the commerce of the United States ?
Whfc/ would have been our credit during the war for
the union, when even with California gold, poured in-
to New York at the rate of three or four millions a
month, the federal promises to pay fell to one-third of
tJK'ir face ? The vital sustenance of that war was Cal-
ifornia gold and Nevada silver, without which foreign
t)ccupation in the Pacific States was possible, and for-
eign domhiation, with abolition of Monroe doctrines
and the like, extremely probable.
In conclusion, it is hardly necessary for me to state
that there is as yet no sufficient evidence of any knowl-
edge by white men of the existence of gold in the
Sierra foothills, prior to the discovery at the Coloma
saw mill on the '24th of January, 1848. Even were it
not so; if, for instance, as in the case of America and
the Northmen, the existence of the continent had been
once known, and the knowledge lost or forgotten, to
Colund)Us, none the less, would belong the honor of dis-
covery. So with Marshall. There n'ay have been
some who thought of gold, or talked of gold, or even
handled gold before January 1848; but, none the less,
to James Marshall belongs the honor of its discovery,
if indeed, it can be called an honor. The difference in
the merit of the two discoveries, not to mention their
relative importance, as to which, of course, there can
be no comparison, is that in the one case Columbus be-
lieved in a new world and sought i;., while Marshall
stumbled on his discovery by the merest accident.
CHAPTER IV.
AFFAIRS ABOUT THE COLOMA SAW-MILL DURING THE SPRING
OF 1848.
PhituH, I shan't go near that fellow, Jupiter.
Jufi'ittr. How, my good I'lutas, not wlieii 1 hid you ?
PUitm. No. He in.uilted nie, turned nie out of his house, and scattered
me in all directions, — nie, the old friend of the family, all hut pitched i;.o
out of doors, as if I burnt hid fingers. What! go 1)a('k to him, to he liirown
to hi.4 iiarasites, and toadies, and htirlot.s? No; 8en<l me to those wlio valno
the gift, who will make much of me, who honor me, and desire my company,
and let all these fools keep house still with Poverty who prefer her to me.
Let them get her to give them a spado and an old sheepskin, and go dig iVr
their two-pence a-day, after squandering tliousands in gifts to their friends.
Jupilvr, Timou will never hehave so to you again.
\\ i|
When at length civilization began to creep into the
canons of the Sierra foothills, and the cry of gold was
raised, how was answered tlie mill-race digger s sliout \
Tamely enougls at first. Few heeded it, or imagined
that it amounted to any more than a thousand other
great or small discoveries made since Spaniards began
their explorations northward from Mexico. Gold was
thinly distributed over wide areas, with richer depos-
its at intervals, so that for one great discovery, tliere
were a hundred which were hardlv wArth attention.
When bags and bottles of it were displayed at Be-
nicia, at Sonoma, at San Franci.sco, and Monterey,
the sleepy towns began to rub their eyes, and awake
to the fact that here was gold, bright yelU)W haul
gold, and in such quantities as might wt 11 and quickly
claim tlicir consideration. The quiet of pastoral Cali-
fornia was disturbed; the pulses of the people quick-
ened as with one accord they directed their eyes
northward. Thence spread the news to Mexico, to
Oregon, to the islands of the sea, to the eastern slioie
of the continent, to South America, and to the conti-
f
hi
MARSHALL, THE DISCOVERER.
63
THE SPRLVa
e, and scattered
but pitclied 11.0
m, to be tlirowii
tliose wbo Viibio
re inycDiiipany,
irefer ber to me.
I, and go dig lor
to tbeir friends,
'—LucUin.
3ep into the
of g'okl was
Tcr s sliout?
or imagined
sand other
liards began
Gold was
her depos-
very, tliere
attention.
yed at Be-
Monterey,
and awake
ellow haul
nd quiekly
itoral Cali-
iplo fjuick-
their eves
[Mexico, to
tern shoie
the oonti-
r\cv.U of the so-called old world. White people lieard
of it, and black people; coppery, red, and yellow peo-
|)1j.^ — came rushing in from every quarter, all eager
for some of the delectable dirt.
Much has been written regarding the Coloma gold
discovery. ^luch about it worth knowing remains
unwritten. The choicest unpublished information to
inv knowledge is that contained in the manuscript of
Henry W. Bighr, Dianj of a Mormon in Calif omiia,
who was on tlie ground at the time, with a remarkably
elear head and ready pen. The statement given mo
bv Mr Sutter at Litiz, and contained hi the manuscript
entitled Pcrsomd liemlniftccu •>• of General John Av(/ns-
tii.^ Suffer, is also exceedingly interesting and valuable.
I will herewith present verbatim several of the more
impor-tatit accounts of the discovery.
Marshall was a queer genius. I speak with exact-
ness, for he was both a genius and queer. I have in
my possession an old daguerreotype which is unlike
any other portrait that I have seen. Parson's Life of
Marshall is the best book upon the subject extant.
Naturally kind and humane, his mind dreamy while
his faculties were in repose, but of cragged disposition
and inclined to be a little fierce when roused, all along
his later life he was made morose by what ho deemed
injustice and neglect on the part of the people, and <»f
the government. "The enterprising energy of which
the orators and editors of California's early golden
days boasted so much as belonging to Yankecdom,"
he writes bitterly in 1857, "was not national but in<li-
vidual. Of tlie profits derived from the enterprise It
stands thus, Yankeedom .$000,000,000; myself indi-
vicUially $000,000,000. Ask the records of the coun-
try for the reason why? They will answer, I need
not. Were 1 an Englishman, and had made niy dis-
covery on English soil, the case wouhl have been
dirtbrcnt." Mr Hittell visited him at Coloma in his
retirement, where he alone remained of all those early
discoverers. **No photograph of him has ever been
m
AFFAIRS ABOUT THE COLOMA SAW-MILL.
1 .y
!
Ill
III
obtained " he said. " I requested him to let me get a
negative, from wliich I would have pictures taken
and sold in San Francisco for his benefit, but he re-
fused indignantly. The thought of the injustice that
had been done him made him unhappy. He wanted
no allusion made to the debt due by California to him.
Others have been loaded with wealth and honor, and
he has been left to struggle along in poverty and ob-
scurity, he who discovered the gold that made Cali-
fornia what it is." Poor Marshall ! Too simple and
sensitive by half I Had he made the gold, and it had
been stolen from him by an ungrateful republic, he
would not have been in his own opinion more cruelly
wronged than by this neglect to reward him for —
what? Yet we can but feel kindly toward the man
who, though mistaken in what constitutes greatness,
and merit worthy of public reward, was nevertheless
well-meaning, honest, and industrious. His name will
forever be conspicuous in the annals of the country,
ho\7socver accidentally it became so.
Yet far more than in picking from the historic tail-
race the first particle of the divine dirt found there,
Marsliall had often played the hero. The world
knows its impudent men, its brassy, bellowing fellows;
but how few of its real noblemen I Many generous
deeds are recorded of Marshall while in the war; an<l
it was not an unmanly act, the saving his saw-mill, in
the way he did, from a freshet which threatened it
just before the discovery of gold. The dam was built
of brush with the butts laid down stream. The rains
coming on, the river rose, and fears were entertained
that the works would all be swept away. Side by side
with his men, Marshall worked day and night, and
received therefor the praise of his partner, and the
respect and admiration of his associates. Up to his
waist in water, in constant peril of his life, for many
hours he worked, and finally succeeded in anchoring
the mill in safety.
Marshall claimed to have been the cause of the dis-
THE AUSTRALIAN fJOLD-FIXDEB
Vk
coverv of ookl in Australia as well as in California.
The story'^goes tliat an Englisliuian, named Har-
giaves, came one day to the Coloma mill for lumber.
He seemed specially in a bad humor, for he was curs-
ing California, and the people, and lauding to 'eaven
h "viTV tiling, Haustralian and Henglish. Marshall
let him go on for a while without saying a word.
Finally he broke out:
"Sec here, my friend I" if you don't like this coun-
try, why do you come here ? Nobody Invites you.
Nobody will cry if you take yourself off. Go home
and dig gold. I warrant you I could find the stuff in
Australia." The speaker, beginning sharply, had
gradually, almost unconsciously dropped Into a medi-
tative strain.
Tlie man took it .up in earnest. Marshall was a
great character thereabout; he had found gold in
California, and surely he must know if it was in Aus-
tralia.
"Do you really thhik so?" asked Hargraves.
"I am sure of it," said Marshall.
" If I thought so I would go." And he went. And
for the millions of pounds sterling turned by this
moans into the British treasury, he received from the
British government £5,000, and from the Australian
government £10,000, while ]\Iarshall from his un-
grateful country received nothing.
Everybody was busy and cheerful at the Coloma
mill on the afternoon of the 24th of January 1848, for
the heavy rains which had threatened to destroy the
dam during the first half of the month had ceased,
and tlie danger was past. There were several of the
I^attalion boys here at work in various ways. They
had come hither, last from the half-completed flour-
ing-mill at Brighton; and such had been their suffer-
ings during their terrible marrh from Council Bluff
and Santa Fe, as to make the double pine-log-and-
clapboarded cabin seem exceedingly comfortable, and
Cal. Ikt. Poc.
UM..
M
Ml AFFAIRS ABOFr THE COLOMA SAW-MILL.
the grizzly bears, and wolves, and wild Indians moro
companionable than civilized man with his detestable
prejudices and tyrannies. Present assistintjf on the
works were eight good Indians from New Helvetia,
and because they would not speak when spoken to,
the valley people did not like their brethren of tlu-
mountains, but called them mala gcittc, and wanted to
kill them.
Weimer and his aboriginal mechanics were indus-
triously employed in the lower part of the race, which
by this time was nearly deep enough at that end.
Up near the place where the mill-wheel was to be
Biujler was drlllincr into an obstinate boulder. Ben-
nett and Scott were working at the bench; Stephens
and Barger were hewing timber; Smith and John-
son were felling trees. Near the men's cabin, and
close by where Bigler was blasting, Brown was whijt-
sawim? with an Indian. This heathen was ijrcatlv
interested in affairs, and worked with a will ; for ho
had been toLl that this machine when finished would
saw out boards .)f its own volition; whereat he had
responded that it was a lie. It was as good as a play
to see this fellow when the mill was first started run-
ning. He was " completely beaten," Bigler says.
" He lay on his belly, where he could have a fair view
from the bank, but near the saw ; and he lay there
for two hours watching it. He was taken with it,
and said it was vano — Indian Spanish for bueno —
and wanted to be a sawyer right awfiv."
Brown and Blijjler were anmsing themselves, whilf
at their work, by quizzing the doul)ting aboriginal in
the saw-pit respecting supernatural agency in tlic
handling of saw-logs, when they were approached l>y
a young Indian who requested them to get him a tin
plate, at once, for Mr Marshall, who was at the lowi r
end of the race with Weimer. Brown jumped oti
from the log, and brought from the cabin the plate,
wonderins: meanwhile what Marshall could want with
the thing. When about to quit work for the night,
a-:
i
Jj.
DISCOVERY OP GOLD.
dians moro
detestable
intT on tlu'
V Helvetia,
spoken to,
hrcn oi tlio
d wanted ti)
were indus-
racc, wliich
it that end.
1 was to be
ilder. Ben-
\\; Stephens
h and .Tohn-
s cabm, aiul
vu was whlp-
t was greatly
L will ; for ho
inishcd would
ereat he had
;ood as a play
■ started ruu-
Bigler says.
,ve a fair view-
he lay there
iken with it,
for bueno—
Inselves, while
aboriginal in
^3ncy in the
.pproached by
get him a tin
s at the loW( r
n jumped «'♦!
bin the plate,
uld want with
for the night,
I
Marshall came up and said, " Boys, I believe I have
found a gold mine." The remark produced no start-
ling elfect upon his hearers, and Marshall walked off
to his house on the mountain-side which he had lately
built for himself. Later Marshall visited the men's
eahin, and again remarked that he. was almost sure
h(! had found gold at the lower end of the race. Then
lu' said, "Brown, I want you and Bigler to shut
down the head-gate early in the morning. Throw in
a little saw -dust, rotten leaves, and dirt; make all
tight, and we will see what will come of it."
The men do as they had been told. And while
they are at breakfiist Marshall goes down to the mill-
race alone. After breakfast the men come out, and
each betakes himself to his work. Presently ^lar-
sliall appears, his old white hat within his arm, look-
ing wonderfully pleased. A smile overspreads his
fac(% and the boys know that it means something
unusual. Coming nearer, slowly, quietly, yet in
heavy depth of tone he sjjeaks : " Boys, by Gt»d, I've
got it;" and he places his .hat down on a bench in
the mill-yard. All gather round to see what it is ;
.^nd there, sure enough, on the top of the crown,
knocked in a little, lies the worshipful metal. There
is about half an ounce of it, in flakes and grains, from
the smallest particle to pieces as large as a kernel of
wheat or larger, and though not one of the }>arty has
ever before seen gold in its native state, there is no
longer a skeptic among them. Azariah Smith draws
from his p.»cket a five-dollar piece, i)art of his mili-
tary pay, and compares it with the dust. There
seems to be little dift'ercnce in color or weight; tlie
cohi is somewhat lighter in tint, which is accounted for
by reason v T its alloy. Not a very crucial test, but
all sufficient at this juncture.
Led by Marshall, all now hasten down tlie race,
and soon are absorbed in picking from the seams and
crevices the precious metal. They conclude that
the deposit is rich ; and from this time the fever
68
AFFAIRS ABOUT HIE COLOMA SAWMILL.
I
:iil!!!''
sets in. Furtlicr tests aro applied, for tromblinj;
doubts will arise, atui soiiu' is thrown into vincgni,
and sonic is boiled in Mrs Woiinor's soap kettle. En-
joinin«]f secrecy Marshall takes some of the gol 1 and
goes with it to the fort to have it further tested.
And when he returns thus he delivers himself: "Oh
boys 1 it's the pure stuff." Then he goes on to relate
his adventure: "I and the Old Cap*' for so he calls
Sutter, " went into a room and locked ourselves up.
And we were half a day trying it. And the regulars
tiiere wondered what the devil was up. They thougl t
perhaps I had found quicksilver, as the woman did
down toward Monterey. Well ! we compared it with
the Encyclopedia, and it agreed with it ; we ap[)lit(l
a^jua foilis but it would have nothing to do with it.
Then we weighed it in water; we took scales with
silver coin in one side balanced by the dust in the
other, and gently let them down into a basin of water:
and the gold went down and the silver up." And
he motions the manner of it with his hands. ** That
told the story what it was," he concludes.
Marshall reported further that Sutter would soon
be there, and examine into the matter for himself.
Sure enough, next day Marshall entered the men's
cabin and said, " Boys, the Old Cap has come ; he is
up at my house. Now I will tell you what we will
do. You know, he always carries his bottle. Let us
each throw in and give Henry some gold, and in tlu;
morning, when you shut down the head-gate, let him
take it down and sprinkle it over the base rock ; and
when the Old Gent comes down, and sees it lying there,
he will be so excited that he will out with his bottle
and treat all hands." It was agreed ; the salting was
done ; and while the men were at breakfast next morn-
ing they saw Sutter, with Marshall and Weimer on
either side of him, coming down to the mill. Suttt r
was dressed with care as bocame the owner of squaio
leagues, and the commander of a fortress, and lie
walked with a cane. The men stepped out into the
SUTTER'S VISIT.
tromblin<j;
o viiK'gai.
>ttle. Eii-
j gol i and
lier testod.
iisclf: "Oil
m to relate
so he calls
irHelvca u^i.
;lic regulai s
jey thougl t
woman did
ared it with
we applied
do with it.
scales with
dust \n the
sin of water ;
• up." And
hds. "That
would soon
for hiniseit'.
d the men's
come; he is
hat we will
;tle. Let us
I, and in tlu;
rate, let him
[e rock; and
lying there,
Ih his bottle
salting was
It next morn-
Weinier on
iiill. Suttir
er of square
•ess, and h*'
»ut into the
1
mill-yard, and heartily and respectfully greeted their
cMiplover, who invited them to join the party in a
walk 'down the race. While on the way one of
Wrinier's little hoys ran on in advance of tliem, and
seeing the shining substance so temi)tingly displayed,
the i)est picked upnearly every particle of it, and came
runnin<4 hack ahnostoutof breath, andcryhig, "Father I
Fatlieri See what I have found 1" Marshall and his
men each to heaven breatlud a silent curse on that
iiini)eeiit head for having spoiled their fun Sutter,
.seeing it, struck his cane into the ground and ex-
rlaimed, "By Jo! its rich." The boy lad left un-
litled the seams, and crevices, and gravel deposits,
and the men after all had an exciting time of it gold-
j)icking, Sutter among the rest.
Tliere is little wonder the statements are conflicting
when no one saw it all, and each was able to describe
correctly only those parts of which ho was an eye wit-
ni'ss. And after innumerable repetitions and disput-
ings, confusion arose. Some even denied that Marshall
was the first discoverer at Coloma, but this assertion
is not worthv "'f <'onsideration. Then tlu'n was a
controversy over the fii-st piece found, and what be-
came of it, more senseless than the rest. Sutter, at
Litiz, showed me a ring upon which was engraved on
the outside iiis coat of arms, and on the inside. "The
fir.st gold discovered in January 1848." And yet it
was not, speaking with exactness, the first gold dis-
covered; for Sutter says in his statement that some
of it he picked up himself, and some was given him
by tlie men then i)resent. The ring weighed an
ounce and a half. Then Mrs Weimer claimed to
liave had in her possession for many years the very
fiist piece picked U]), and which Marshall gave her.
This cannot be true, as according to ^larshall's testi-
mony the first piece weighed fifty cents, whereas Mrs
Weimer's piece was equal to five dollars ami twelve
cents. It is safe to conclude that the destiny of this
first jiiece is lost to history.
70
AFFAIllS ABOUT THK COLO.MA SAW-MILL.
Tlic foUowiii}* oopios «»f HtateiiUMits may bo rclii'd
upon as correct, word for word with the rcsjKictivc
orifjjiimls. And as first in importance I ^ivo tlio ac-
count delivered me from his own hps by General
Sutter.
Oiu' liiiny afternoon in January 1848, MiirHliall, Irijiiiin^; with M.vtcr, i':i-
tcnMJ my olficu, next the giianl lionsc, in a liurritMl excitt'il manner, aiiil a k"<l
to SCO mu ulonu in tiiu )ii){ lulU^tu, wliirli was my privatu otliee, ami the clerk*'
olHue.i. I was Kurprisutl, iHJcau.so the tlay lieforc 1 hentup all tliat he wantcil,
mill-iron and evurytliing. I eouM not iuiauinu what ho wanted, yet I < ■
ducted him to my private room.s, parlor anci hedriKini, ami wc entered a:id
Hliut tilt! door. In this parlor I had very ancient funiituru made liy tiie ilii -
Hiaiii at Fort Ross, tliu first manufactured in Califoniia, iKiIng of laurel, a:id
very clumsy. Yet it wa.s hotter than the chairs ia many ricii uumih home u.f
that jHsriod. Often have I jfono into the house of a well-to-do owner of larj,i)
herds of cattle, and have lu^en otl'ered a hulloek'n head to Hit on, as a cha i-.
Marshall a.sketl mo if the door was locked. 1 «aid, 'no, hut I will lock iu'
H(! wa-i a singular man, and I tiM>k this to ho some freak of his. I was nut
iu the least afraid of him. I had no weajMin. There was no gun iu tlic
room. I only supposed, at ho was queer, that ho ttMik thi.t tpUM-r way to tell
mo some secret.
lie tirst said to me, 'Are wo alono?' I replied, 'Yos.' 'I want two
howls of water,' said ho. I rang the hell for a servant. I had six ditferciit
signals for six dill'erent clerks and servants. The howls of water wen-
hraiight. 'Now I want a stick of redwood,' said Marshall, 'and some twiiu'
and some sheet coiii)er.' ' What do you want of all these things, Marshall ': '
said L 'I want to make some scales,' he replied. 'Hut I have scalit
enough in the apothecary's shop,' saiil I. I had all the time a, doctor, when
I coidd get one, and a hospittil, and treated people without charge. 'I tl.il
not think of that,' said Mamhall. I went myself and got some scales.
Moauvhilo the d(.;ir had hecomo uidocked again, and so remained, although
it was oii the side of the room adjoining, my rooms l>eing douhle. It was
not my otlico, hut my private rooms.
When I returned with the scales, I shut the door, hut did not lock it
again. Then Marshall pulled out of his pantaloons' pocket a white cottmi
rag, widch contained something rolled iip in it. Just as he was unfolding it
to show mu the contents, the door was oj)ened hy a clerk nassiug througii,
who did i.'ot know that wo were in the room, ''ihere,' exclaimed Marshall,
(piickly thrusting the cotton doth again in his pocket, 'did not I tell you wi:
had listeners?' I appea ed him, onlered the clerk to retire, and locked the
door. Tlion lie hrou;rht out his mysterious secret again. Oi)ening the doth
ho hehl it hefiTC mo ni his hand. It contained what might have been ahr>\:t
an ounce and a half of gold-dust, flaky and in grains, the hirge*t]>iecenot (pii.i'
so large as a pea. and from tiiat down to Ton tlian a pin-head in si/c. 'I
hjliove this is gold,' said Marshall, 'hut tiie people at the mill laughed at
me, and called ino crazy.' I carefully examined it, and saitl to him, 'Well,
it looks so; wo will try it.' Then I wont to the apothecary's shop, ami g'lt
af(ua fortis and applied it. The stuff stood the test. Marshall asked me il
1 had any silver. I sivid, •yc?,' ancl produced a few dollars. Then we ]'iit
an e(}ual quantity in weight of goM in one side and silver in the other, ar.l
dropping the two in the howls of water, the g^ild went down and outweigln '1
tlie silver imder water. Then I Imuight out a volume of the old American
encyclopedia, a copy of which I happened to have, to see what other tets
there were. Then I .said to him, 'I he^ievc this is the finest kind of gold.'
Then he said he wished I would accomi»any him immediately to theniill.
It was about su])i)er-time, and raining l<ard. I said, 'You had better take
supper uow; I will go up early iu the niorniug, as soon as I have given my
SUriKK S STAT KM KM'.
with water, i'!i-
Liiiuir, ami a k-.l
!, anil the t'liii'l;*'
that hu M iiittcd,
lilted, yi't I <'<iii-
wo eiitereil umiI
lailo hy tho Uu •
iig of laurel, a:iil
I iiu'n'rt home ii.f
II owner "f larj,.?
it im, as a ehai-.
lit I will hick il."
his. I was lint
s no gun in tlu-
jueer way to trll
I.' 'I want two
hail Hix tlitfiToiit
s of water wen-
'and 8iiiiie twine
liiig-t, Marshall'.''
i\t I have sealiM
a doctor, whrii
1 large. 'Id. I
line Hcalex.
lined, althoii),'lt
nlilo. It wa-*
did not lock it
a white cotton
as unfolding' >t
lassing through,
aimed Marsiiall.
(it I tell you «c
and looked tlin
Idling the clcth
lave been aliout
itjiieeenot (jui.i'
lead in size. ' 1
mill lauglieil at
to him, 'Will,
's shop, and ^i^t
hnll asked iiif il
Then we juit
the other, ar.l
and outweighi'l
le old American
hat other tc ts
kind of gold. '
tely to the mill.
hail better taUu
have given my
I
1 arraniji'd tlie nffairn of the day.' Mar thall would not Mait
ted and rodii otf in the rain. Tlio
men orders nnl
fur HU|)|iiT or aiiytliiug che, Imt iiioun
>|iirii'H sLTajii
tr.
At
I
< wiTti Ncry giMid to keep the rain <
and iliiniig "the nigiit, the ciir>o of t!io tiling hiir<t uiion my
iiow the I'liil would he, and the next day I
.;i\v tnim
thel
icginniiig
liid a nioliiichcly rido of it t«i the «aw-niili. Of couimc J knew nothing of
till! "Xtiiit of the discovcrv, hut I was N.iti.stied, wiictiier it ainounted to
null h or l.til'-, tha' it woiihi greatly iuterfci,. with my jilans.
.Vttriid.d ly my «<ri,'i'.iiit ami one of my soldii'iM ImMi Iiiiliann— I net
out iii'xt iiioriiiiig for the ill. II. When almnt iialf way tliere I ducoyered
oh|i'i-t iiioyiii'.; iiiMiU
t ill the liiislie.^n.ar tiie road. Tuniiiig to my attendant
I aiki'd, 'Wh.iL H that?' Ili^ rciilcd, 'It in tlio xaiiie man who wa^ wit'i
yiiu hut iiiulit.' liiiiim.' u|i, I found, sure enough, it wan Marshall. It wan
t'li'ii rainiin,'
hard.
II
ivc y
III liccii here all n
gilt? I a ked.
hi
idied, ' I >iM;nt tlie iiinht at tlie null, .-iiiil came hack thii-i f.ir to meet ym
Dm
toll
11, Marsiiall wa;* wtill yery re ales.:
II.
dh
iriiiii our rill
liidicycd the wiiule coiinliy iniind \va.srich with g.dd. When we arriyed lie
>viiit with liie to tlie iiidl race. I'luple were at work widening and dec|icii.
ill',' the race. Tlicii l.c tnlil thciii to ijiiit work and let tho water through.
Alter it had mil a wh 1 ■ he urdcrcd it .stopiii'd again. Mcaiiwhde the water
liad wadied the graycl and dirt away, and then wo went in linnting for t'.;e
littlo pieciM siicii a I .Marshall had hroiight down. I jiickcd Home np, and
t'lcii e.'icii of tlie Mormon.* gave mc soiiii', and .Marshall gave me Home, too,
'Tiu'ii I said, 'This all must ho made into a liii'.;cr-riiig, an hooii as wo can
get, a goldiiiiith,' and later this was done, and 1 liave this ring now. Here
It is. It wcl^lMal mil tail ounce and, i half, and lu'ar.4 the inscription, 'The first
tilth] dis •iiyeriid, in .laiiiiary |.S?.S. ' 1 h.id my coat of arms engrayed on it.
I told the people there that it was gold, that there was no mistake, and
t!iit I only aiked that it< discovery Mhoujd he ki'pt a secret for nix weeks
iiutd I got my lloiir-iiidl ready, ami they all were very willing to do ho.
IV.it this was not to he. 'I he men could not get along without ]iroyisioiis,
.iiid I sent Hoiiie up hy a ,Swi.;s teaimtcr. 1 .should have sent my IndiaiM.
Mn Weiiner had .-ome hoys, who s.'iid to tie! teamster, 'We have g 't some
gill 1.' Tlie man l,i:!glicd at tlicin, when the mother e.'iclaiiiied, 'Well, you
necil net laugh. It is true we li.-ive found gold. Look here, what do yiiu
call tl'vt? ' Tliii >yoniaii little knew the conseipieiiees to mo of this thought-
less wagging of her tongue.
'1 he tiMMHter .•'ecu re 1 sonic of this gold and rotunied to the fort. At that
time Sain Hraniiaii and (Jeorge .Smith, a relative of the great Mormon
prophet, now higli in tiie Utah church, kept a store in one of my outhouses
invir the fort. This was the tir.<t store, except my own, started in the valley.
There were then a good many settlers in the valley, and they hrought to this
Miirinon store hides talliw, and skins, and took away manufactured articles.
McKinstry, who ^vas willi me then, called it a shirt-tail stort!, for every time
I wanted a few things for my Indians, the iiroprictors I'Xidaimed, 'O, you
Mill lireak t!ie a4<ortiiient ! ' Xcvertheloss, this store assumed great iiiipor-
taiici ai soon ai gold «as discovered.
Wii:iien and wiii.key helped the thiiij' along. It was a fundamental iind
uiriUerahle law of the shirt-tail ston- tli.it credit should not he given f,ir
whiskey. This was altogetlier too valnahle a commodity to he trusted out.
The .Swiss teamster wa< universally tliir<ty. \U- wanted now a hottle of
lirandy. At the counter where he had heeii .so often refused, he iiresented
hi nielf, called for his poison, and at the saiiio time proudly came down with
the dust.
' Wli.-t is that? You know very well licpior means money,' exclainiod
linither Smith.
'That is money,' replied the teamster. ' It is fohl.'
' Yes, yes, that will do, ' said Smith. ' I have no time for your pleasant-
tries.'
'Go to the fort and ask the captain If you don't helievo me.'
72
AFFAIRS ABOUT THE COLOMA SAW-MILT.
■iSvii
■'IJ
Smith came in hot haste, and said, ' Your man came to mc and said that
this is gohl. Of co'irae I knew he lied, and told him so.'
' Nevertheless it is goUl,' said I, and so the secret was oat.
Next I will give the account by George Frederick
Parsons, which may be regarded as the best of Mar-
shall's versions:
On the morning of that memorable day Marshall went out as usual to
sujierintfmd the men, and after closing the fore-hay gate, and thus sliuttiiiK
on the water, walked down the tail-race, to sec what sand and gravel h.-iil
\)een removed during the night. This had 1 tee u customary with him for some
time, for he had previously entertained tiie idea that there might he minerals
in the mountains, and had expressed it to Sutter, who, Iiowevcr, only
lauglicd at him. On this cccasion, having 8trolle<l to the lower cud of tl:i!
race, he stood for a moment examining the mass of deliris tliat lia<l heen
washed down ; and at this juncture his eye caught the glitter of something
that lay, lodged in a crevice, on a riffle of soft granite, some six incile^< under
the water. His first act was to stoop and pick up tlie suhstancc. It was
heavy, of a peculiar color, and unlike anything he had seen in the stream
Iwifore. For a few minutes he stood with it in his hand, retlet'ting, and en-
deavoring to recall all that he had licard or read concerning the viiridiis
minerals. After a close examination, he became satistii^l tliat what he Iielil
in his hand must bo one of three sulwtances — mica, sulpliurets of coj)per, or
gold. The weight a.ssured him that it was not mica. Could it be siilpliunt
of copper? He remembered that that mineral is brittle, and tliat gobl is
malleable, and as this thought passed through his mind, he turned about.
placed the specimen upon a flat stone, and proceeded to test it by .striking it
with another. The substance did not crack or flake ofl"; it simply bent un-
der the blows. Ihis, then, was gold, and iu this manner was the flrst gold
found in California.
If we were writing a sensation tale, instead of a sobre history, we might
proceed to relate how Marshall sank, pale and breathless upon a neiglibnr-
ing rock, and how, as he eyed the glittering metul in his hand, a vision roM'
before him of the mighty results of his discovery. But in fact nothing nt
the kind occurred. Ihe discoverer was not one of thespasmodic and excita-
ble kind, but a jdain, shrewd, practical fellow, wiio realized tlic importance
of the discovery — though doubtless not to its full extent, since no one d.d
that then — and proceeded with his work as usual, after showing the imggi t
to his men, and indulging in a few conjectures concerning the proi)ablo ex tent
of the gold flelds. Asa matter of course he watclied closely from time to
time, for further developmento, and in the cour.e of a few dtiys had collected
several ounces of the precious metal. Although, however, he was satistieil
in his own mintl that it was gold, there were some who were .skeptical, ami
as he had no means of testing it chemically, he determined to take some down
to his partner at the fort, and have the (juestion Hn.ally decided. Some four
days after tiie discovery it became necessary for him to go below, for Nutter
had failed to send a supply of provisions to the mill, and the men were on
short commons. iSo mounting liis horse, ancl taking some tliree ounces of
gold dust with him, he started. Having always an eye to business, he
availed himself of this opportunity to examine the river for a site for a lum-
ber yard, whence the tnnber cut at the mill could be fli>atcd down; and
wliile exploring for this purpose he discovered gold in a ravine iu the foot-
lulls and also at tlio place known afterwards as Mormon island. That
niglit he slept under an oak tree, some eight or ten miles east of the fort.
where he arrived about nine o'clock the next mornmg. Dismounting from
his horse, he entered .Sutter's private office, and proceeded to en(|uire into the
cau<e of the delay in sending up tiie jirovisious, Ihis matter having been
explained, and the teams being in a fair way to load, he asked for a fe«'
Uiiuutcs' private conversation with Colonel Sutter, and the two entered a
Ljli.
c and said that
Frederick
;st of Mar-
out aa usual to
il thus shutting
anil gnavel liail
th him for some
cht be minerih
liowever, only
>wer end of tlie
I tliat liatl heon
erof soniethiiij;
lix inches under
stance. It wiis
1 in the stream
lecting, and eii-
ing the various
at M-hat he held
ts of copiier, or
1 it he sulpliunt
nd tliat g(dd is
J turned aliout.
it hy striking it
simply l)ent un-
%a the first gold
tory, wo might
ion a neighlicir-
d, a vision ro>c
fact nothing ot
|odie and excita-
tlie importuucf
nee no one d.d
inc the nugg< t
riujahle extent
y from time to
s had eoUected
e was satisiied
fikeptical, and
akc some dowii
1. Some four
low, for [Sutter
e men were on
hree ounces ot
) husiness, he
site for a luni-
eil down; and
no in the foot-
island. That
st of the fort.
lounting from
Imiuire into tlie
r liaving heen
lieil fi>r a few
two entered a
I
MARSHALL AND BROOKS. W
little room at the hack of the store, reserved ab a private office. Tlien
Marshall showed iiim the gohl. He loolied at it m astonishment, and, stdl
douhimg, asked wiiat it wa.s. His visitor replied tliat it was gold. * I'npos-
sihlo' was tliu incredulous ejaculation of Sutter. Upon this Mar.diall
aske.i for some nitric acid, to test it, and a vaquero having Iweii despatched
to the gunsiiiitli's for that i)uri)ose, .Sutter encpiired whether tliere was no
otlier way in wliieh it could Ikj tested. He was told t!:at its character
might he aseertaine.l hy weighing it, and accordingly some silver coin— .fS.p'),
waiall the fort coidd furnish— and a pair of sinaU scalen or balances haviiiff
lieen ohtoined, Marshall iirocee.lcd to weigh tho dust, first in the a:r, aiid
t'leu in two b..wl« of water. Tlie experiment resulted as he had fore een.
T'le (In <t went down; the coin rose r;rlitl3' up. Mutter gazed, and hn doubts
faded and a sul>se(|uent test with the nitric acid, which by {\m t;me had ar-
rve.l,' se-thid the (I'.uwtion finally. Tiien the excitement began to .spread.
Sutter knew well the value of the discovery, and m a short; time, hav.ng
iinde hurried arran>;emcnts at the fort, he returned w;th M:ir;hall to
t'oloma, to see for him.self the wonder that had been reported to him.
Here is wliat purports to be a verbatim ."('latioii by
Sutter to J. Tyrwliitt Brooks, quite different and in
n)aiiy places contradictory to that o;iven by liim to
otliers. One can easily iinajj;ine bow Sutter liimself
iJiiLilit chaiiLjc^ liis story in its several narrations accord-
iiij^ to humor and audience:
I wa.< sitting one afternoon, said the caj)tain, ju<»t after my siesta, cnf;an;ed
by-the-by, in writing a letter to a relation of mine at Lucerne, when 1 Mas
iii:errui>ted l<y Mr .Marsliall— a gentleman w itii wliom I liad freijuent bu ine ts
t:a:i iaetioiis — bursting hurriedly into the room. Fro;ii tlie unusual agitation
ill h < manner 1 iuiag Med tliat someJiing sirious had occurrel, and, as vo
iiiviihiiitarily do in tliispart of the worhl, I at onee glaneeil to see if my ride
w n in its pro]ier jilaee. You shnidil know that the mere appearance of Mr
Mir hall at that moment in tlie fort was <|uite enouf.'!i to .surprise me, as he
I. id, but two day.s before, left tlie jilaee to mak.^ some aUerations in a mill
f ir .sawii g pine planks which he iiail ju;t run up for mo, some miles higl;er
uit the Americanos. When he hail lecuvered him-eif a little, he told nieti;;it
h'Wever great my surjiri e might be at bin unexpected reappearance, itwoiild
be mucli greater wlien I heard the intelligeneo lie had eonio to bring mo.
'intelligence' he added, 'which, if properly prolited by, would jiut both ot
ui in pin session fif unheard of Mealth-niillions and millions of dollars, in
fact.' I frankly own, when L hea'd this, that I thought something had
t udied .Marsliall's brain, vheii sudii""'vall my misgiving) were jmt toane:id
1 y his dinging on the table a handl'nl oi scales of jiure virgin gold. I was
f.i rly thunderstiiiek, and a keii him to exjilain what all this meant, when ho
w .lit on to say, that accord ng to my instructions, he had thrown the mill-
M '^cd out of gear, to let the v]u \v body of the water in the dam liiid a jias-
s:i re through tl:e tail-race, M'liich \ias previou ly too narrow for the Mater to
run nlF in sufficient ipiantity, Mlicreby the M'heel M-as previ'iited from etii-
( i.nily jicrformiiig itsMork. ]$y this alteration the narruM- channel Mas coii-
sdera lily enlarged, and a mass of saniiandgravcl carried off by the force of tl:e
tnireat. Karly in the morning after tlii.s took place, he- Mr Mar>!iall — Mas
walking along the left bank of the stream, M'heuhe perceived something which
he at first took for a piece of opal- a clear, transparent stone, very common hero
- flittering on one of the spots laid bare liyth.e sudden crumbling away of the
bank. He iiaid no attention to this ; butM'hilebe was giving directiiuis to tlio
Mdikinen, having ob-<erved several iiimilar j/littering fragments, his curiosity
Mas so far excited, that ho stooiied doM-n and picked one of them up. ' Do you
74
AFFAIRS ABOUT THE COLOMA SAW-MILL.
m
IiII^Cji:
know,' said Mar.ihall to me, ' I positively debated within myself two or throe
t.me.4, whether I uhould take tlio trouble to bend my back to pick i r» one of
the pieces, \nd had decided on not doing ho, when, further on, anotlier glit-
tering morsel caught my eye— the largest of the pieces now before you. I
condeijcended to pick it up, and to my astoni.diment found that it was a tliin
scale of what appears to Ite puregidd.' He then gathered some' twenty or
t'.iirty s'imilar pieces, wliich on examination convinced him tliat his suppo.i.
tious were right. His first impression was t'.iat this gold had been lost or
buried there ny some early Indian tribe — perhaps some of those mysterious
inhabitants of the west, of whom Me have no account, but who dwelt on tl;is
continent centuries ago, and built those cities and temples, theruina of which
are Koattcred about the ;e solitary wilds. On proceeding, however, to exam:i:e
t'.;e noigliboring soil, he discovered that it was more or less auriferous. This
at once decided him. He mounted his horse and roiledown to me as fast nn
it would carry him, with the news. At the conclusion of Mr Marshall's iu-
count, continued Captain Sutter, and when I had convinced myself, from
the t-pecimens he ha<l brought with him, that it M-aa not exaggerated, I ft It
ai inuili excited as liimself. I eagerly enquired if ho had shown the gold to
the work-iH!ople at the mill, and was glad to hear that ho had not spoken t(i ii
single per., on about it. We agreed, said the captain, smiling, not to i:.( ii-
tion the circum stance to anyone, and arranged to set oflf early the next (l::y
for the mill. On our arrival, just before sundown, we poketl the sand abo\it
in various place.-i, and before long succeeded in collecting between us moie
than an ounce of gold, mixed up with a good deal of sand. I stayed at .Mr
Mar;!!iairs that night, and the next day M-e proceeded some little distance r.p
the south fork, and found tliat gold existed along the whole course; not only
in the bod of the main stream, where the water nad subsided, but in evi-iv
little dricd-up crook and ravine. Indeed, I think it is more plentiful in these
hitter places, for I, myself, witli nothing more than a small knife, picked out
from a dry gorge, a little way up the mountain, a solid lump of gold wliicli
weighed nearly iin ounce and a half. On our return to the mill, we ■wcru
astonished b/ the work-people coining up to us in a body, an<l 8ho«iiij,Mii
small llakcs of gold similar to those we had ourselves procured. Mar li.ill
tried to hiugli t!ie matter off with them, and to persuade tliem that Mliat
thoy hail found wa< <mly some shining mineral of trilling value; but ono ( f
thi IiKlians, wlio l;ad worked at the gold mine in the neighlmrliood of J,:i
I'az, in Lower California, cried out 'oro! orot' We were di.^appointedenoiij.'li
at this discovery, and supposed that tlie work-people had been watching oi,r
movements, aUhough we thouglit M'e had taken every precaution ag;i ii t
being observed by t!iem. I heard afterwards that one of tliem, a sly Ki;i-
tuckian, had dogged us about, and that, looking on the ground to see if !:•'
could discover what we were in search of, had lighted on some Hakes of goid
himself.
The following is an account taken by Mary P.
Winslow, in Deconibor 1874, from Mrs Wicmcr, wlin,
with her husband, was then in San Francisco scokiii ,'
relief from the society of Pioneers. The writi r
speaks of Mrs Wiemer as a fine large woman of soiii'
sixty summers, with an intelligent kindly face.
We arrived here November 1840, with a party of fourteen families, acinus
the plains from Missouri. On arriving at Sutter's fort, Sacramento, \\>-
found Froiiiont in need of more men. Aly husband enlisted before we li li
got the oxoii unyoked, and loft me and seven cliildren at the fort in the i in
of Commissary Currin. Wo drew our rations like commim sohliers for i 'i:r
months. Captain Sutter arrangoil a room for us in tiie fort. As soon i-
Mr Wiemer returned from .Santa Clara, where he had been stationed dm iii."
~1"
AILL.
Wis. WIEMER'S STORY.
75
lyself two or three
to pick 1 1 one i>f
• on, anotlier glit-
iw licfore you. I
, that it was a tliin
ed Boine twenty or
I that hia suppo i-
i iiad heeu lost or
>f those niysterioiis
t who dwelt on tl.is
, the ruins of whkh
owever, to exaniiiio
jsauriferoua. Thin
wn to me as fast ;is
' Mr Marshall's ac-
inced myself, from
exaggerated, I ftlt
I shown the gold to
I had not spoken ti> II
nil'.ng, not to r..< u-
early the next il :;y
oked the saudahout
g between us nioiu
d. I stayed at Mi-
me little distance i.p
lole course; not only
)sided, but in evtry
lore plentiful in tht'se
iiall knife, picked out
lump of gold which
1 the mill, we Mire
ody, and showinj^ \n
procured. Mar !iall
lade them that wliiit
ig value; but om; if
neighborhood of I.a
ilisappointeil enoii;;h
il been watchin),'or.r
precaution agn" t
of them, a sly K' '.i-
ground to see if .:'"
n some Hakes? of yoid
by Mary V.
Wiemcr, who,
Giiicisco soekin;;
Tlie writir
woman of s<»iiie
' face.
irteen families, across
fort, Sacramento, vi-
ilistod before wo li;i'i
at the fort in the c-.w
mvni soldiers for i""'
;ho fort. As BOO" •!*
been stationed dm ing
the M'intur, he joined three others and went over the mountains to what is
now called Donner lake to fetch over the etlects of the Donner famdy,
after tiiat terrilde winter of suffering that you have lieaid about. In Juno
IhlT tliey loaded all our household plunder for Battle creek, up on the
Sacraiiionto, to put up a saw-mill, but they changed their ph«u and went to
Coloma. (.'.;ptain Sutter and J. W. Marshall were eipial partners and were
tlie lieail of tlie expedition. After Kcven days of travel, we arrived at sun-
down a mile al)ovc the town. Next morning Mr Wiemer went out to select
a site for the saw-mill, and I, a site for the house. Ho was to oversee tlie
Indians, be a handy man about, and 1 was to bo cook. W'v had from fifteen
to twenty men employed.
' l?ut you iiad some lielp from the Indians, didn't you ? ' asked the writer.
•(Hi no. except to scratch out the pots and sweep out the dirt floors. We
BOOM had a log htmse, a good log liouse, and a log heap to cook l)y.'
'I'hev liad been working on tlie mill-race, dam, and mill about six months,
when, One morning along tlie last ilays of December or the lirst week of
Januiiry, 1847 S, ;!ftcr an absence of several days to the fort (that was our
i San Francisco in those diiys) Mr Marsli.all took Mr Wiemer and went down
i to see what had been tlone while lie was away. The water was entirely shut
' otl' and, as they walked along, talking and examining the M-ork, just ahead
of them, on a little, rough, muddy rock, lay something looking bright, like
.gold. They both sfiw it, but Mr Marshall was the first to 8loo]).ti) pick it
up, and, in he looked at it, iloubted its being gold. Our little son Martin
wa< along M'ith them, and Mr Marshall gave it to him to bring uj) to me.
He came in a hurry and said: 'Hito, mother, hei'c is something Air Mar-
shall and pa found, and they want you to put it into salaratus water to
see if it will tarni.th.' I said, 'This is golil, and I will throw it into my
lye kettle, which 1 had just tried with a feather, anil if it is gold, it will bo
goM wlieu its ciunos (mt. ' I tini.ihed off my soap that day and set it off to
c ■', .III it staj'cd there till next morning. At the breakfast table one of
t' ' »■' i- haiiih raised up his head from eating and said, 'I heard :;ouie-
tiii ; lout gold being di-icoveriid, M'hat about it?' Mr Marshall told him
to ask Jenny, and I told him it was in my soap kettle. Mr Mar.diall said it
was then! if it had not gone back to (' lifornia. A plank was brouglit for
mo to lay my soap onto, and I cut it in chunks, but it wat not to be found.
At the bottom of the pot was a double handful of potash, which I lifted in
my two hands, and there was my gold as bright as it could be. Mr Mar-
shall still contended it was not gold, but whether ho was Jifraid his men
woidd le.vve him or he really thought so I don't know. Mr Wiemer re-
marked tliat it looked like gold, weigiied heavy and wouM do to make money
out of. The men ])roinise<l not to lea\e till the mill -was finished. Not be-
ing sure it was gohl, Mr Wiemer urged Mr Marshall to go to the fort and
have it tested. He did so and Oeorgo McKinstry, an as.sayer, jiroiiouiucd
it gold. Captain Sutter came right un with Mr Marshall atid called all tlie
lndi:iiis togctlier, and agreed with them to certain boundaries th:it they
cl.iiiiied, ;ind on the right of discovery demanded thirty jier cent of all gold
taken out. They in iiayiiieiit were to give the Indiaiu a ci'rtain numbi'r of
h.indki'rchicfs, pocket-knives, looking-glasses, shirts, beads, and other
trinkets.
' Mrs Weimer will you be kind enough to tell me how you came hi posses-
sion of this jiiei'O of g lid.'
'Yei; it was just this way; one day Mr Marshall Mas packing up to
g I away. He had gathered together a good deal of dust on the thirty per
nut iMHiness, and had it buried under tiie lloor. In ovi'rhaiilini; his tra[ps,
he said to me in the presence of Klislia I'aekwood, 'Jenny, 1 wdl givi' vmi
tliis piece of goM. I always intended to have a ring made from it for "my
mother, but Twill give it to you.' I took it and have liad it in my posses-
f-'on frorii that day to this. ' Vou have not the exact date of the discovery
ot gold?' '\o, but it was somewhere about the holidays, for I know that
Captain Sutter had sent up to ine a dozen bottles of brandy, six for the men
70
AFFAIRS ABOUT TEE COLOMA SAW-MILL
and Rix tor me. ' Tliu iiiuce of sold I must describe. Its value ia bctwocii
four uiid live doUaro. It looks Tike a piece of spruce gum just nut of tuu
iiioutli of u school-girl, except tlie color. It is rather Hat, full of iiideiiia-
tioiis, just as the teeth make in a piece of nice gum. There are one or tuu
rougli points on the edge, which, with a little stretch of the imagination,
gives the appuiu-aiice of a ir.an's head with a helmet on; then, turn it an-
other way, and, as Mrs Wiemcr said, 'itlook^ like some kind of variiiint
or other. It can easily lie identitied by any one wholun ever seen it befoic
Other accounts of secondary importance are given l)y liiirstow, Slieriiiaii,
Ma:<on, Bidwoll, tlic Ainiilx (}/' Suit Fritiirinrtt, the /{■jn-iMiiifjithr Mrn nj I r
I'liriji, , Tuthill, liittell, Dunbar, Woods, and a multitude of uewspapir
writers.
ii y
11 i
(roin*^ back to Biglcr's diary I find it of interest U)
follow him for a few days after the discover}'.
The men hastened the work at the mill, so as to
keep hy their promise with Sutter, and be sooner able
to diii^ for^old; and though some spoke of throvviiM^r
up their employment, yet the fear that the mines
were not rich deterred them. On Sundays, however,
they went into the tail-race, and scratchin*.' about
with their butcher knives fretjuently obtained from
three to vhj]\t dollars. The first s-'old discovery be
yond the limits of the Coloma saw-mill was on Sun-
day, the ()th of February. Early that morning Biglir
said he would cro.ss tli(> stream and try the ba^^e rocks
facing the saw-mlU; Barger said he would go witli
him, and the two started, taking only their knivc s.
U|) to this time none of the mill hands knew tln'
simple process of washiiig, nor hdd tluy ever sei ii
rockers; the way they gatht?red the gold was to pick
it up grain by grain as it lay on tli«?: Kjcks, or wltii
tlieir kmves dig it out from the crevicis and hole r
On this Sunday ]->igler secured ten dollars. For d' -
termliiiiig the value of gold-dust, he made a light p;;ir
of wooden scales; and by balancing tvvolvii and a hiili'
cents in silver with gold-dust, lie formed a ratio of oin
bit to two dollars, twenty-live cents to four dolhiis.
and so on. Bigler seems to have been the only oi c
wlio was seriousU' affected l>y the news of the <><iM
discovery. Not «'ontent to wait till the i\ext Sunday,
he on Saturday afternoon threw down his pick, for i.i'
with Brown and ethers were digging at tlie race, aiid
mm
[ILL
^^^^AT bicler did.
77
valuo is lietweeii
I juat out of tiie
t, full of intleiua-
re are one or two
tlie iiiiaginatioii,
then, turn it an-
J kintl of vanniut
jvcr seen it liufoir.
liirstow, SherniiiM.
iiiitiitii'e M'H Hi I' I-
tude of uew»l<ai>»^^r
of interest to
)very.
mill, so as to
1)0 sooner ai tie
o of throwiii;,'
lat the mint 8
lays, howevt r,
■atohin*.^ about
obtained from
i discovery bt
11 was on Sun-
norning Bigl*'!'
the ba^e r<)cl<s
vould jjjo witli
tUeir knivrs.
lids knew tli"'
(cy ever seta
)ld was t<» piilv
rocks, or with
ices and boU-^-
lavs. For d';-
wle a lii-dit piir
clv«> and a bull
d a ratio of ow
to hwv doUuis.
■n tbo only one
vs of tbe goM
e next Sunday.
»vc
k,f<
or i.f
bis I
it tbe race, aa(
broke out, "I say, Brown, let us have your gun, 1
want to shoot some ducks." Brown told him to take
it, and Biglcr left tliem. As he walked along the
rivor l)anks lie kept thinking of gold; and when about
lialf a mile below the mill he fancied that on the op-
jHtsite side of the stream the rocks looked similar to
' the on(^ wliereon he had found gold the previous Sun-
day. They were bare, and it also seemed that tber(3
liad forna^rly been a slide ; so taking off his clothes
^:he waded over, and found the ground glistening with
I golden dust. The next day was rainy, so the men
eniained within doors; but Bigler, without saying a
ord to any one, started down the river, crossed over
Wto the san'ic rocks, and obtained eight dollars. On
till' following Sunday, still keeping ids own counsel,
lie went to the same spot and picked up a little over
^f an ounce and a half All through the next week he
* Morkfd stea<lily at the mill; "but about this gold, if
there was anything in it," he asked himself, "should
not the brethren elsewhere know of it?" So ho wrote
<rf it to Jesse Martin, Israel Evans, and Ephraim
( Jreen, three of liis former messmates in. tlic Mormon
Itattulion, then at the Houring-mill, but asked thej^
not to mention it to m\\ one, unless to those in whom
they could trust. On Tuesday, the 2'2d of Fel)ruaiy,
n fall of snow stopped work, and while the men were
at breakfast Marsliall walked into the cabin and said,
"Boys, it is going to be slippery to day," pointing to
the upiier story of the saw-mill, which had to be
raisid, " and rather bad about putting up the frame ;
vou mav work if you see fit, or let it alone." TIic
men were glad to take a holiday, and each one had an
e\('us(\ Alick Stevens declared he wanted to mend
liis trousers; Brown thought he would ]»re[iare a dish
of peas; and Bigler, who was present, said to Bnnvn,
"If you will let me have your gun, I will go and
Hh<»ot deer." "Take it," was the reply. Bigler
started, and climl>in}j a hillock a little to the west of
the mill, looked about as hunters do befort; choosing
11, J'
AFFAIRS ABOUT THE C'OLOMA SAW-MTLL,
their course. His eye glancinj^ down tlie river fc 11
uiMHi the rocks where he had twice found gold. Itlv
hesitated for a moment, tlien turned to the ri;j;lit,
made for the river, and was soon opposite his favorite
place. The late rains had swollen the stream, and
the water was verv C(>ld. Tins did not deter hlni, for
undressing and carrying his gun and clothes, lie wad( d
over; hut when he reached the opposite hank he wa.s
so benundn'd that he could not work. He tried to
light a fire, hut his fingers refused to hold the ihut
and steel. He then tried to catch fire from his gun,
a cap-lock, but while in the water the charge had got
wet. The only way left was to run and jump ; and
the most exasj)erating part of it was that right hefoic
him. starini; liiin in the face, was what he souii'ht, and
f)r which he had braved the danger of deadly cramps,
hut which now he was powerless to grasp. Snow had
fallen: the dav was cloud v, and the mists heavv. ( hi
th<! bare rock the snow soon melted; in the crevict s
and di-ep ]daces it renuiined. As soon as he became
a little warm, Bigler set himself to work, first seardi-
ing the u])per rocks, thence slowly working his way
down to the water's edge, where it was so j)lentiful
that he spent the remainder of tlu^ day }>ickiMg it i p,
grain by grain, from the tiniest speck to the lump
W'rrth over five dollars. As he dug out the gold, ju;
put it in his cap. The labor was so engrossing that
night ciune on before he was aware of it. As lie
arose, and tried to straighten himself, he cried out
with pain. He tiiought his back was broken; and
without recrossing the river, he made his wav alonij;
the bank, until wh< n opposite^ the dam, he called for
Brown to bring over the raft.
Meanwhile the sus])icions of his comrades had been
aroused, and no sooner had he reached the cabin than
they began to question him. Why had he crossed
tlie river? Or if he wi.-hi^d to hunt on that side why
had he not crossed it iii the. morning ? It was ?io use
trying to deceive then> further, nor was Bigkr in the
ILL.
HUNTING FOR GOLD.
lie river fdl
1 gold, ilo
} the riijjl.t,
his favorltu
stroam, and
Rter him, tur
L>s, lie wath'd
bank he was
Ho tried to
[)ld the iiiut
roiii his gun,
irixc had s»«it
I jump; and
rijiht hifnif
> soug'ht, and
adly cniiiii's.
. Snow had
lieavv. ( 'ii
tlio crevic* s
^s lie horaiiif
first scan li-
iiWiS. his wav
so pU'ntitiu
iokiiijj; it v]*.
() tlu' hiiint
>e <>•(>
tl
rossiuij:
hi.
that
it.
A*^
u> crR'(
out
hrokeii; and
Is wav
oiiii
lie ca
al
lied f
111'
Ics had het'ii
cabin than
ho crossed
I at side why
was Jio use
wl. r m liH.
th
humor for it. Drawing the rag in whicli the gold
was wrapped from his pocket— "No," exclainis the
narrator parenthetically *'»f>t that exactly either;
I will tell the truth Mr Bancroft ; I had tied it up
tur saf« '-keeping inthe((»rnerof iny shirt," — he showed
it to his friends. They took it from hhn, weighed it,
and found that he had gathered a little short of an
ounce and a half. There was no further secret dig-
ging for Bioler, for on the next Sunday, the 27th of
J'cbruary, five others determined to accompany him;
and they sinnt the day, lying prostrate with their
faces to the ground, scratching and hunting for the
pi-ecious particles.
That night arrivi'd from i)elow three of the Mormon
boys, FicHeld. Sichu-y Willis, and Wilford Huds<m,
^\ itli their guns and blankets on their hacks. It ap-
|.carsthe secret writti'U to Martin, (Jreen, and Evans,
was told, for easier kee]»ing, to other three;, who tind-
iii'-- it heavv, started at once for the saw-mill, saving
to their coni])anlons that tiny were going on a visit,
and for a few ilays' shooting. IMarshall happened to
be in the house when they arrived, and instead of
being (►trended at Bigler's faithlessness, talked good
liuinoredly about their prospects till a late hour, and
gave Hudson ])ermission to dig in the tail-race.
Therefore earlv next morniiiLf the three went thither,
and not long after Hudson ])i( ked np a lump worth
about six dollars. On Thuisdav, the I'd of
^larch, tlie Mormons took their depaiture for the
Houring-null, Willis and Hudson tollowing the river
to look for gold, and Fiefield, accompanied by Bigler,
l>'oin*j; bv the road.
All four met at the flouring-mill. All the way
down tlu! river, though passing over some of the rich-
est de[»osits, Willis and Hu(lson gathered oidy fifty
cent-4 ; and so disyusted were thev that tlu^v refusi d
to hi ve anythmg more to do with the bushiess,
thoui^h uru'ed bv their friends, who volunteered to iro
buck with them. Bigler, however, returned to
..,,,;■, , . -
80
APPAmS ABOtJT THE COLOMA SAW-MILL.
[if
Coloma, whore nothing of note occurred till Sunday,
the 11th ot* March, when Miirshall started the saw-
mill running. The following week was spent in deep-
ening the fall in the tail-race ; but on Sunday all went
gold-digging, when Bigler secured two ounces. About
this time Bigkr took charge of the Indians, teach-
ing them to saw and chop wood. Though anxious
enough to learn, they were extremely awkward, ar.vl
were continually hurting or cutting themselves. Ho
worked in this manner until Friday, the 7th of April,
when he, Stevens, and Brown, started for the fort
to have a settlement with Sutter, and to tell him
that they wished to leave for Salt Lake. On the
evening of the next day they arrived at the Houring-
n)ill, and found the place well-nigh deserted. They
were told that Willis and Hudson, with others, were
up the river getting gold. Bigler stayed over Sunday
at the flouring-mill to make arrangements as to what
they should buy of Sutter for their intended journey.
Those present agreed to send in advance a few men
to pioneer a route across the Sierra, the main body to
be in readiness to start in the beginning of June, with
the exception of eight men who were to leave the fol-
lowing Saturday with an express for the States. Next
day Bigler and his friends stai-ted for the fort with
Browett who was to act as spokesman, but were una-
ble to see Sutter, or buy the seeds, cattle, horses, and
tv.o brass cannon they wished. On Tuesday they
left the fort for home, intending to turn their atten-
tion for the rest of their stay to gold-digging. As
t^Jiey could not make the journey in a da}', they cn-
c:Vmped for the night at a ereek fifteen miles from thi'
flc\uring-mill, and next morning Bigler, whose mind
wa3 running in one direction, began to look for gold;
and he and his four companions soon found about ten
dt)llars. As Willis and Hudson were not far away,
they determined to look them up and see what success
had attended them ; so keeping close to tiie river they
soon came across them, at what afterward was called
A
DOIKOS OP TTtli: MORMONS.
•I
Mormon island. Five persons, Ira Willis, Jesse B.
Martin, Ephraim Green, Israel Evans, together with'
Hudson and Sidney Willis, were at work, and had, on
that day. obtained two hundred and fifty dollars.
Higler here noticed an improvement in mining, for one
« r two of the Mormons had Indian baskets, and were
aide hi a short titne to wash out from twenty-five
cents to two dollars.
l^igler arrived at Coloma on the 13th, and from
tliat date he and his friends began mining. It was
iwird work, for the only tools they had were their
knives. He tried to get an Indian basket, but none
were available ; and so had to use a tray on which he
kixrded dough to serve as a washer, while Alick
Stevens did good service with his wooden wash-bowl.
Tliere was only one tin pan, about the size of an
eight quart basin, among ail the miners ; so they had
to (-arry the dirt in sacks from the dry gulches, a mile
below the mill, to the river, some five to six hun-
dri'd yards distant, and there wash and separate the
gold. In less than tiiree weeks after Bigler's arrival
at the sjiw-mill the great rush to the mines took place,
and soon the little gulches were thronged with eager
gohl-seekers, who disputed Marshall's claim to the land,
and (luj:; where they pleased. Among the strangers
was an old Sonoran who was evidently a miner. He
thig a hole and filled it with water. Then he fitted
into it a cotton sheet, into which he shovelled dirt,
which the water dissolved, leaving the gold sticking
to tlio cloth. Bigler and Brown then tried the same
nictliod, but with partial success.
It was at this juncture, the middle of June 1848,
tliat Bigler, and many others of the Mormon battal-
ion, turned their faces toward the new city of the
saints. None tell us how hard it was for them to
kave the fascinations of the gold fields for the distant
desert, or whether it was hard at all. But it is very
certain that there were few in the canons of the
Cai.. Int. I'oc. 6
AFFAIRS ABOUT THE COLOMA SAWMILL.
i'ti
Slorra foothills who wouUl then have turnod tl.c ir
back on Mammon for tho service of any other gi !.
After this the world came flockint; in. The n««i: n
round Marshall's mill soon swarmed with <jold-seek(rs.
Two thousand dii^gers were at work there, with kni\ « s,
picks, shovels, sticks, tin pans, wooden bowls, willow
baskets, and cradles, pickinj^ crevices, scrapin;^ rocky
beds, riddling gravelly sand, and washing dirt for tl:r
metal. Shortly after there were some four thousand
upon the ground, if we include natives, who wciv
mostly enj[>loyed by white men. It was then ilis-
covered that all about in the vicinity of Marshali's
mill gold abounded. Virgin placers were found cii
Feather river, on Deer creek, on Yuba river. New
discoveries followed in quick succession, each addiii;;
fuel to the flame. Every gulch and ravine was ])i(is-
pected, and there was scarcely a spot where gold wr.s
not, though not always in paying (luantiti-s. Finally
the fiict became apparent that all along the base df
the Sierra, on every affluent of the Sacramento and
San Joaquin, from one end of the great valley nf
California to the other, almost every rivulet, gul( li,
and canon was rich in gold.
"Some fifty thousand persons," writes one wIki
deals largely in exaggeration, on the 8th of Nov<'iii-
ber, 1848: "are drifting up and down the s1o[m's of
the great Sierra, of every hue, language, and cliiiu'.
tunmltuous and confused as a flock of wild geese ti>k-
iny: win*' at the crack of a gun, or autumnal leavt s
strewn on the atmospheric tide by the breath of tlio
whirlwind. All are in search of gold; and, with eyc^
diluted to the circle of the moon, rush this way and
that as some new discovery, or fictitious tale of suc-
cess may suggest." Says another in a letter to tlio
New York ./onrval of Commerce, from Monterey un<i« r
date of August 29, 1848, "At present the people are
running over the country and picking it out of the
earth here and there, just as a thousand hogs let
[ILL.
(I.KRK "AL K\ A< K i KUATION.
uriu'd ti;< ir
other <j;( '..
The r(';j;i; ii
jjold-sockcrs.
witli kiilvt s,
owls, willow
■a[>iii;jj rocky
• dirt for tiic
lur thousand
,, who wtic
lis thou dis-
•f Marshall's
re found «>ii
river. New
each adiliiiLT
lie was pros-
lore ijold wi.s
i'>s. Finally
the base of
raincnto and
at vallev nf
vulet, gul« li,
cs one wlio
of Nov<'iii-
le slopes lit
and cliiiu'.
I jj^eese tak-
mnal leavts
rcath of tlio
id, witli eyo
lis way ami
tale of suc-
etter to tlit'
iterev uiuii r
people i\\y
out of till'
nd hogs kt
1....SO in a fon^st would root up ground nuts. Some
u t eight or tell ounets a day, and the least active one
nr two. They make iiKtst who employ the wild In-
dians t(» hunt it for them. There is one man who lias
>ixtv Indians in his employ; his profits are a dollar a
minute. The wild Indians know nothing of its value,
and wond<T what the pale faces want to do with it;
;nid they will giv«! an ouiu'e of it for the same weight
of' coined silver, or a thimhleful of glass beads, or a
Ljlass of grog. And white men themselves often giv.^
an (»unce of it, whi(di is worth at our mint eighteen
<|oll,iis or more, for a botth- of brandy, a bottle of
soda p(»wders, or a plug of tobacco."
Then stn-anis began to form in every quarter; in-
land streams and ocean curr<'nts, social tricklings and
iM»zin<j;s from scattered and far distant homes, gather-
ing into rivulets, and expanding into human rivers,
iiiciiasing in strength and volume as they neared
that worshipful irold. Bands of ilevotees were origan-
i/i'd for pilgrimages, in which Christendom and
|»ajfandom might join alike, in Avhioh all the sons of
nit 11 might join and bow before one common shrine.
In vain we search the annals of mankind for a
similar flocking. The nearest akin to it were the
(^hristian crusiides made in the ninth century, and
subse(|uently, for the recovery from profane hands of
tli(.' tomb of Christ — wild fanaticism, folly incredible,
yet under providence working out for civilization the
'j;i-andest results, bringing together antagonistic socie-
ties, forcing oppugnant elements to coalesce, and melt-
ing and moulding humanity into more useful and
cnmelier forms. But the world was smaller then
than now, and although the numbers were large they
comprised comparatively few nationalities, and the di.;-
tance travelled was less. In the nineteenth century
there were cosmopolitan crusades for gold wherewith
to make rich the finder, and add volume to the world's
circulatliKj' medium. Was the ijold sousxht in these
modern pilgrimages essential to human well-being,
IMAGE EVALUATION
TEST TARGET (MT-S)
k
A
{/
A
f/.
&
^
1.0
I.I
25 '"'^^
I'M
v.- lilM
III 2.2
.1' IM
lllll^
¥"
iia.
II
1.25 1.4
1.6
.4 6" -
►
VW'
/
c?m, ^%
Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, NY. 14580
(716) 873-4503
^
^ ''-' .% \# V
^
/a
^
84
AFFAIRS ABOUT THE COLOMA SAW-MILL.
as appeared to be the quasi possession of Christ's
sepulchre ? The central idea of the Christian cru-
sades was fanaticism; that of the Plutonic crusades
was avarice. Which is better or worse, which has
done the more for or against human progress, is not
here a point of discussion. The question is, whether
gold is more valuable than religion, or avarice a
nobler passion than fanaticism ? Has the world then
grown no wiser nor more sober in ten centuries ? Yet
as in the mediaeval crusades great benefits from great
evils came, so in the latter-day crusades for gold, good
will come of them; but the great good God there-
from designed for man, California has yet to tell.
First those nearest at hand felt the subtle influence.
The ox-team of the emigrant turned toward Coloma ;
the trapper left his peltries, and the ranchero his herds,
curious to see what this thinoj should mean. The
excitement was felt by the devoted Mormons,
some 6f whom attempted a small settlement on the
Stanislaus, which they called New Hope, and immedi-
ately they were reconciled to digging gold as if by gen-
eral agreement. Sutter was nearly ruined by the dis-
covery. On the instant his laborers deserted him
almost to a man, leaving a mill unfinished, and all his
property exposed to the depredations of the rabble,
which were more serious than those of the natives
had ever been. They drove off his cattle, squatted
on his land, and then combined and beat him in the
courts, when courts were established. Marshall was
swept away by the tide.
Immediately following the discovery, most of the
provisions for the mines were obtained at Sutter's fort ;
then traders went to Sonoma for supplies. One would
think that these early settlers, with leagues of land
and thousands of horses and cattle, and of native la-
borers, should have reaped a harvest from the gold
crop. And so they did, most of them, at first, but so
strange and unprecedented was it all to them that
they became bewildered ; gold poured in upon them
EFFECT OF THE GOLD DISCOVERY.
SO freely that it seemed as if it would never be want-
ing again. Between the embarcadero and the fort,
"boatmen were shouting and swearing; waggoners
were whistling and hallooing, and cracking their whips
at their straining horses, as they toiled along with
heavily laden wagons to the different stores within
the building ; groups of horsemen were riding to and
fro, and crowds of people were moving about on foot.
It was evident the gold mania increased in force as
the eagerly longed-for El Dorado was approached.
Every store and shed was being crammed with bales
of goods, barrels of flour, and a thousand other things
for which a demand had suddenly sprung up. The
captain's own house was like a hotel crowded with
more visitors than it could accommodate."
The incomers could not obtain accommodations
within the fort, and were obliged to content themselves
with camping outside. "It was not easy to pick our
way through the crowds of strange people who were
moving backwards and forwards in every direction,"
says one who was present. "Carts were passing to
and fro ; groups of Indians squatting on their haunches
were chattering together, and displaying to one an-
other the flaring red and yellow handkerchiefs, the
scarlet blankets, and muskets of the most worthless
Brummagem make, for which they had been exchang-
ing their bits of gold. Inside the stores the bustle
and noise were even greater. Some half a dozen
sharp- visaged Yankees, in straw hats and loose frocks,
were driving hard bargains for dollars with the crowd
of customers who were continually pouring in to bar-
tor a portion of their stock of gold for coffee and to-
bacco, breadstuff, brandy, and bowie-knives. Of
spades and mattocks there were none to be had. In
one corner, at a railed-off desk, a quick-eyed old man
was busily engaged with weights and scales, setting
his own value on the lumps of golden ore or the bags
of dust which were being handed over to him, and in
exchange for which he told out the estimated quantity
'< IK
m
w >
80
AFFAIRS ABOUT THE COLOMA SAW-MILL.
of dollars. These dollars quickly returned to the
orighial deposit, in payment fur goods bought at the
other end of the store."
Owhig to the scarcity of coin, gold-dust did not
bring over two thirds of its real value. On the fourth
of June, Mormon island and its approaches presented
scenes of the greatest excitement. A numerous cara-
van was moving along toward the no longer ridiculed
El Dorado.
In July, Colonel Mason, then military governor of
California, visited Coloma, and found Marshall livhig
near the mill, while there were many persons at work
on the river above and below him. Crossing over to
a stream, since known as Weber creek, three or four
miles below the mill, he found at work one Suilol,
with about thirty employed natives, who received their
pay in merchandise. Eight miles above was a large
number of whites and Indians, some working in the
river bed, and others in the small valleys. These
latter were exceedingly rich, two ounces being consid-
ered the average yield for a day's work. In a small
gutter, not more than a hundred yards long by four
feet wide and two or three feet deep, two men had
shortly before obtained $17,000 worth of gold. An-
other small ravine had yielded $12,000, and on every
side there were hundreds of such.
The poor natives gathered round to pick up a few
crumbs of civilization, and with a new money buy new
comforts to supply new wants. Gold-dust by the
bushel had been within tlieir reach for ages; but with-
out the conventional value i)laced upon it by the cun-
ning of progress, it was of no use to them. Now, de-
prived of their natural resources, they herded about the
mining camps, being permitted occasionally by the
kinder-hearteil miners to wash a |)an of dirt from their
claims, or to sweep the sluice-boxes. Fretjuently they
obtained quite a little quantity of gold on the rivers
bv scraj/mg the crevices of claims abandoned bv the
white men. Even In the davs of their dcjtjeneration,
food
hold(
SAVAGES AND GEXTE DE RAZON.
87
the men maintained their lordly dignity, and loft all
the gold-digging to the women. These obtained
sometimes two or three dollars a day each, and with
the proceeds of their labor they bought food and
finery.
One would think that with thousands of acres of
valuable land stocked by immense herds, with gardens
and orchards and fields of grain, the influx of a vast
gold- producing and agricultural population, requiring
food and farms, would have made the great grant-
holders monarchs of wealth and industry. But such
was not the result, Tlie old Mexican-Californians
hereupon proved themselves a comnmnity of children.
No sooner was the discovery of gold announced than
hired laborers, mechanics, herders, and retainers
dropped their iniplements, abandoned their trust, and
rushed for the mines. No amount of money which
the landed proprietor could offer was sufficient to
hold them. Thus left defenceless, he was overrun by
swarms of adventurers, who drove off" his cattle, shot
his Indians, and took possessi(jn of his ground.
Even the sedate gente do razon caught the infec-
tion, and taking with them their servants and retain-
ers, hastened to the mines, and selecting a favorable
spot, put their men at work, while they sat in their
tents in state, or strutted about from camp to camp,
or lounged down among the boulders. The relations
of man and master, however, were soon severed in
t!ie mines, the one casting off" old ties and and affec-
tions and setting up for himself, and the other return-
ing home to mourn to the end of his days over the
rapacity of the Yankees, and his loss of o[)portunity
and loss of property, which, after all, were due for the
most part to himself.
The soldiers in the service of the United States
were also seized with the gold fever, and abandoning
tlieir ])osts, ran off" to the placers. It was almost
impossible to retain crews on their ships. The pioneer
steamship, California, on her first voyage lost all her
88
AFFAIRS ABOUT THE COLOMA SAW-MILL.
crew ; and in order to return to Panama had to en-
gage men at enormous wages. Thus, while her com-
mander, engaged by the owners in New York, was
receiving $250 per month, the chief engineer and the
black cook had |500 each, the firemen $250 each, and
the seamen $200 per man. This state of things did
not last long. The next steamship of the line anchored
under the guns of the United States line-of-battle
ship Ohio, and her men could not desert.
CHAPTER V.
THE JOURNEY OVERLAND.
I hiive seen servants upon horses, and princes walking aa servants upon
the earth.
— Ecclesicuites.
California, in 1848, stood on none of the world's
highways. It was an isolated amphitheatre, a valley
on which the sun was ever setting, far away from civ-
ilization and the homes of the gold-worshippers. On
one side were seas of land, on the other seas of water.
And the water and the land both were vast and bil-
lowy, trackless, and often showing their hostility to
man each after its fashion. One or the other of these
seas of desolation, or their equivalent in obstacles,
nmst be crossed before the dragon-guarded treasure
could be touched.
Now the journey to the mines, occupying as it did
weeks or months, and being made by companies or
aoforreirations of men, women, and children, called forth
new phases of human conduct, no less than did life at the
diggings. Two days out, whether on plain or ocean,
and the pilgrim began to feel himself a new being,
the chrysalis from which he had emerged being his
late environs. The metal of which he was made was
as yet scarcely recognizable, but the fire was a-kindling
which should quickly determine it. Therefore it is
proper to delineate and preserve characteristic sketches
of overland and ocean travel to California durinir the
flush times.
And first as to travel overland. The prairie seas
were not wholly unknown ; even the prairie schooner
(89)
00
THE JOURNEY OVERLAND.
had navigated some portions of them. Since Cabeza
de Vaca the Spanish castaway, Moncliat Ape the
learned savage, Lewis and Clarke, Fraser, Thompson,
and the others first to traverse different localities, Ste-
phen Long had ascended the southern branch of the
Nebraska or Platte river to its source, and an overland
trade had sprung up between the United States and
Mexico. Ashley had ascended the north branch of
the Platte, and had encamped near the head waters
of the Colorado.
The year following, 1824, Ashley continued his dis-
coveries through the South pass to Great Salt Lake,
built a fort in Utah valley and left there a hundred,
men. In 1826, a six-pounder cannon was drawn from
]\Iissouri 1200 miles through the wilderness, and
planted within this fort. In 1827, many heavily laden
wagons performed the same journey, penetrating far-
ther westward ; among others, Mr Pilcher, who with
forty-five men and a hundred horses crossed the Rocky
Mountains by the South pass, wintered on the Colo-
rado, and ill the year following proceeded to Fort
C(jlville, then recently established by the Hudson's
Bay Company. From tliesc and other points in the
Great Basin, hundreds of trappers, traders, and emi-
grants crossed the Sierra at the several passes between
San Bernardino and Shasta, and descended into the
valley of California.
Smith, Jackson, and Sublette, able and enterprising
men, continued the explorations of Ashley, and during
the years 1828 and 1829, they traversed the whole
region between the Columbia river and the Tulare
lakes, and down to the borders of the sea. Smith
fell a prey to the savages, it will be remembered, in
1829, after having twice crossed the continent to the
Pacific ocean. In 1832 J. O. Pattie, a Missourian
fur-hunter, published an account of his rambles
through New Mexico, Chihuahua, Sonora, and Cali-
fornia. He boated up and down the Colorado, crossed
Sonora to the gulf of California, and thence to the
of
SOME EARLY TRAVELLERS.
01
Pacific. Captain Bonneville of the United States
army, while on a furlough in 1832, with a hundred
men and more than twenty wagons, achieved in the
regions round the Colorado and Columbia many ad-
ventures made thrilling and jocose by the facile pen
of Irving Captain Wyeth, of Massachusetts, about
this time entertained plans similar to those devised by
John Jacob Astor in 1809, which were to concentrate
the fur-trade of the United States, and establish unin-
terrupted communication by means of a line of posts be-
tween the Atlantic and the Pacific. Wycth's project
was to establish trading posts on the Pacific slope,
and send thither manufactured goods, bring back furs
and salmon, and also ship furs to China. To this
end he made two overland expeditions to the Colum-
bia, planted Fort Hall on Lewis river, north of Great
Salt Lake about a hundred miles, and a fishing post on
Wappatoo island, near the junction of the Willamette
and Columbia rivers, and within a short distance of
tlie coast. Then boijan emioration to flow into Ore-
gon from the United States, as alone the eastern part
of our domain was then called: agriculturists and
religious teachers, founded little colonies in tlie
valley of the Willamette, and in the regions of Walla
Walla and Spokane methodists and presbyterians
opened schools, and Jesuits fnmi Saint Louis, notable
among whom were fathers De Smet, Mengarini, and
Point, attempted the conversion of the natives. In
1839, at Walla Walla, was set up the first printing
press on the Pacific coast north of ^lexieo. Mean-
while, notwithstanding the efi'oi'ts of the Mexican au-
tliorities to prevent it, stragglers, — trappers, traders,
and emigrants, — percolated through the mountains
bounding Ca u'briiia on the east, and trespassed on
her lands. Taese intruders would scmietimes engage
themselves to work for the Californians, or to nuirrv
their daughters and receive grants of land, cattle, and
the catliolic religion. A i)arty of trap[)ers frimi Mis-
souri arrived at Fort Yuma in 18"J7, among which
92
THE JOURNEY OVERLAND.
were some emigrants for California, The glowing
btorios of the fur-hunters concerning the beauty, fer-
tility, and climate of California, between the years
1825 and 1840, found here and there Hsteners who
determined to make the venture.
After all this comes John C. Fremont calling him-
self explorer, and pathfinder, which latter truly he
was, — finding the paths others had made rather than
making them himself
Three great emigrations, each three years apart, mark
the exodus of the people inhabiting the frontier states,
and the tide of overland travel westward to the slope
ot the Pacific. The first was that to Oregon in 1843,
some of which on nearing the Pacific turned oiT and
entered California, guided along the Humboldt by the
famous mountaineer, Joe Walker. At this time many
kept the Oregon trail as far as Fort Hall, or Fort
Boise, on Lewis river, before branching off for Cali-
fornia.
The second was that to California in 1846, pending
hostilities between the United States and Mexico.
These a . v^enturers were assured that California was
a most delightful country, one every way desirable to
settle in ; that it was thinly peopled, and except along
the seaboard almost unoccupied; and that now the
nation was roused to arms, engaged in a hand to hand
conflict with a weaker power, which would probably
result in the acquisition of all that territory by the
stronger; or at all events the United States could
protect citizens settled on the Mexican frontier, if
not, finally, they could protect themselves. This
spirit and this emigration were encouraged, both by
the government and by popular feeling. The result
proved as had been anticipated; scarcely had the
emigrants of 1846 arrived in the valley of California,
when the whole magnificent domain fell a prize into
the lap of the United States, and these hardy hunters,
ox-drivers, and land-tillers, found themselves upon
THE THREE GREAT IMMIGRATIONS. H
the spot just in time to reap a rich harvest. It was
ill this year, and the year previous, that the Mor-
mons, having been previously expelled from Nauvoo,
Illinois, made their way out of the accursed land, and
found an encampment at Council Bluff on the Mis-
souri river, which was the rendezvous, or place of
preparation for a further westward journey, a journey
which should place the Rocky Mountains a barrier
between them and the hated gentiles.
The third great overland emigration was in the
sprin«jj and summer of 1840, when Gold I was the
watchword along the line, and Ho for the diggings 1
was painted on the canvas wagon-covers ; when ava-
rice warmed the heart, and fired the brain, and steeled
the sinews; when in the dreams of the ox-drivers
wagon loads of yellow nuggets rolled out of rocky
canons into pastures green as Arcadian vales, wherein
the cattle might graze, and drink from the Pactolean
streams that watered it.
It was during the middle one of these great migra-
tions that the Donner tragedy occurred. It was in
1846 when a party attempted a new route from Fort
Bridger, round the southern end of Great Salt Lake,
and through the Truckee pass of the Sierra Nevada.
The company was composed of George Donner, wife,
and five children ; Jacob Donner, wife, and seven chil-
dren; J. F. Reed, wife, and four children; W. H,
Eddy, Breen, Pike, Foster, and others, with women
and children ; in all about eighty souls.
The journey across the plains under favorable con-
ditions was by no means an unpleasant one. Though
somewhat monotonous, it was capable of being made
both healthful and pleasurable. Many a one who,
reduced by disease, had set out upon this journey
with little hope of ever reaching the end, arrived in
California well and strong, like a man newly made;
many a one, alas! set out well and strong who met
death ere his journey was completed. In company
\m
04
THE JOURNEY OVERLAND.
with otlicrs, some bound for Oregon and sonic for
California, the Donner party had a prosiKious j'-vii'-
ney from tho Missouri, and passed the gnat divide
in good health and spirits. The longer half of tho
journey was acronipli.shed; the cattle were in go* d
condition, and j.rovisions abundant ; it was yet nild-
suninier, ample time thought they to escape tho
snows of tho frowning Sierra. So, buoyant with an-
ticipations of a speedy and prosperous termination of
their travels, they arrived at Fort Bridger, one lum-
drod miles east of Salt Lake, on the 25th of Jul v.
It was tlieir intention to have continued in the Oreg( n
trail as far as Fort Hall, or bevond, before turning
southward toward California, but they were inducitl
to deviate from the usual route by L. W. Hastings, wli(»
assured them that he had found a way shorter and
better than the old one, a cut-ofi* it was called, tho
name referring to the route and not the travellers.
Nor did Mr Hastings wilfully misrepresent matters
as many charged him with doing, for his route wns
essentially the same as that taken by the emigration
of 1849, and by the overland stage and railway.
A. J. Grayson, the eminent ornithologist of Mexico
and California, led a party of pioneers in this emigra-
tion. He was accompanied by his young, devotid
wife, and out of solicitude for her welfare, or otlu r
cause, he escaped two great dangers of the journey
as by intuition. In a letter from San Francisco
written February 22, 1847, speaking of Hastings and
his route which was represented to be better and 2rj0
miles shorter than the old way, Mr Graysen ,'ays :
" This news created some excitement amonjtj the end-
grants; some were for going the new route without
reflecting, whilst the more prudent were for going by
the old trail via Fort Hall. I for one consulted Cap-
tain Walker, who happened to be at Fort Bridgor
and well acquainted with both routes, and also a man
whom I could believe ; so I took his advice and went
by the old trail, together with a respectable portion
adA
ROUl'ES AND CUTOFFS.
of OTnij.'rants." Arrived at Fort Hall there ai>iKartd
aiu)tli( r allurement in the shape of a cut-off. " Here
wc nu>t with a Mr AppUgate," continues ]Mr Gray-
sen, "just from Oregon, who came that far to meet
the emigration, and conducted tlu m through a new
route which he had discovered over the Cascade
mountains to Oregon. This was good news to the
emigrants, as it was re})resented as hring a nearer and
better route of course. This caused a good manv to
go to Oregon who were bound for California, as they
thought they would reach tluire before they could
California. But the nature of the route led me to
believe it a very difficult one, if not impassal)le for
wagons, which I have sinct" learned was the case.
This route continues on the Califia-nia trail nearly to
the California mountains, where it takes a north-
west direction over two lofty ranges tf mountains —
the Cascade and the Umpqua,"
Resting three days at Fort Bridger, the Dormer
company turned their faces southward, passed Salt
Lake, and on toward the Truckee river. But alas !
the farthest way round would have been the shortest
way to their destination. Although this route was
shorter and better than the other, it was then new,
unbeaten, and often these emigrants were compelled
to stop a day, or two days, sometimes eight days to
explore, to cut away underbrush, to grade a bluff or
bridge a marsh. Arrivhig at the southern end of
Salt Lake they fell into the track of a company in
advance of them, and so for a time made better pro-
gress. But short was their sheen. At a place to
which they gave the name Twenty Wells, they spent
the night of September 6th. Some of the wells,
which vary from six inches to nine feet in diameter,
they sounded to a depth of seventy feet and found no
bottom. After a hard day's drive, the next evening
they encamped in a beautiful meadow covered with
luxuriant grass, and where w^ere natural wells like
the others, Upon a split stick conspicuously placed
M
"?»-ii
3
dd
THE JOURNEY OVERLAND.
they found a letter from Hastings, who had gone
before, saying that betw'jen this point and the
next water were two days and nights of hard driving ;
so they rested the next day and refreshed themselves.
Cutting grass for the cattle, and laying in a supply
of water for the two days' desert, the Great Salt
Lake plain they called it, at daylight on the morning
of September 9th they broke camp.
It was a dangerous thing to do, to cast themselves,
their wives and little ones, their cattle and all their
belongings, into an unknown desert where they had
been assured that with no mishaps, and by straight
and hard driving, there were two days between them
and water; but there was now no help for it. The
result proved most disastrous. The third day, at
noon, Eddy and some others, with their cattle, suc-
ceeded in reaching a spring seventy-five miles distant
from the last wells, but they were obliged to leave
their wagons twenty miles behind. About dark Reed
came up, and stated that the rest of the wagons were
forty miles behind, and that the fainting cattle were
being urged forward to the water by the drivers.
Reed and Eddy immediately started back, the latter
with a bucket of water, which he carried five miles for
a prostrate ox. Reed met his cattle with their drivers
ten miles back, and went on to assist the Donners ;
but Reed's cattle all died before they reached water.
It was not until the evening of the 15th that all ar-
rived in camp, having left many of their wagons scat-
tered along the track, and half their animals dead.
Affairs now began to look serious. Some families
were completely ruined ; dread forebodings began to
arise in the minds of all. With the ill-fated desert
behind them they could not retreat ; before them the
way was dark and uncertain. The surviving cattle
were exhausted, and the woodwork of the wagons
shrank in the dry air until the spokes rattled in the
wheels, and the tires seemed ready to fall off. Tak-
ing the cows and all loose animals, feeble and dis-
pa.ssc
THE DONNER PARTY.
97
heartened they continued their way, but were soon
obhged to bury a portion of their property. That
day thej' encountered an ominous snow-storm, and
made but six miles; the next day they passed over
some low mountains, and encamped in a well-watered
valley. October 1st saw them slowly travelling along
down Ogden river.
And now begins a tale whose sickening details blot
pages of our annals ; a tale before which I would
gladly close my eyes and lay down my pen ; a tale
which calls in question whether indeed there be in
man, left to himself, any divine spark, any innate
good. More bloody than beasts, more insane than
demons, these human castaways in a desert wilder-
ness, surrounded by their wives and children, first
shot at by savages as they pass along, fall to fighting
among themselves. Some oxen becoming unruly, two
teams are entangled, whereupon the drivers swear;
then one of them threatens to thrash the owner, and
dealing him a heavy blow with the butt end of his
whip, receives in return a stab which stretches him
dead upon the plain. Reed, who does the killing,
though regretfully and in self-defence, is driven from
the camp. Thereupon he marches on before tlie oth-
ers, dodging the arrows of the savages and giving the
company warning of impending attacks, and thus
pa.sses over the mountains into California. Continu-
ing their way, an old, worn-out man, whose feet had
swollen to bursting, is left behind to die. In vain
does my unwilling credulity look for escape; in vain
do I seek some excuse for the pitiless act ; the doers
of the deed themselves tell the story, and say their
cattle could not draw him. Hardcoop, from Antwerp,
Belgium, sixty years of age, ill and worn out, was the
abandoned man, and Eddy, the narrator of the fact,,
he who refused him conveyance. One Kiesburg. a
most loathsome villain, of whom more hereafter, thrust
from his wagon the old man, and when besought by
his companions to return for him, replied, " I will not
Cal. Int. I'oc. 7
THE JOURNEY OVERLAND.
kill my horses for old Hardcoop." Some offered to
go back on foot and bring Hardcoop forward, but the
others refusea to wait for them.
Daily their cattle lessened in number, some drop-
ping from exhaustion, some being shot or stolen by
the natives. In such cases, wago::T and property were
buried at different points. One of the party, a Ger-
man, having lost all his oxen, wished the company to
stop while he concealed his effects. This the others
refused to do ; so selecting two men, likewise Germans,
he prevailed on them to help him, assuring them that
they could easily overtake the train. Three days
after the two men came up, and told a story of on-
slaught by the savages, in which their employer was
killed and the property burned. As the dead man
had money, no one doubted that the others murdered
him for it. Intense selfishness governed the actions
of women as well as of men. Eddy, having lost all
his property, picked up one of his children, and his
wife another, and thus they marched along, until
fainting, they begged first of one woman and then of
another, a little meat to save their little ones from
starvation. They were everywhere refused. Unable
to get water, Eddy begged a pint of one who had ten
gallons, and was likewise refused. " I will have it,
or your life," cried the man, now desperate, and took
it accordingly. The Donners had suffered severely
with the rest, but up to this time their losses were
less than some of the others.
On the 29th of October, they reached the eastern
base of the Sierra, which loomed before them high
into the heavens, a white wall glistening with frosted
pines. Climbing upward as far as they could go, they
found the top of Truckee pass five feet under snow.
Returning to a cabin near their camp of the preceding
night, they rested next day, and on the Slst the whole
party again attempted to cross the mountains. They
ascended to within three miles of the summit, where
they now found ten fiaet of snow, each moment thick-
enet
how
and
AT CONNER LAKE.
99
ened by the clouds. It was very cold. The wind
howled round the crags, and the whirling snow blinded,
and every moment threatened to engulf them. They
saw how impossible it was to proceed farther, so re-
turning to the cabin, they made preparations to win-
ter there, near what is now called Donner lake.
Soon their horses and cattle were all gone ; some
butchered and eaten, others strayed and buried in the
snow. A little game was with difficulty killed, but
not sufficient to satisfy hunger. Starvation stared at
them. It was death to go away, and death to remain
there ; it is easier, however, to die in active endeavor
than in passive despair. After three several failures,
Eddy and sixteen others, five of whom were women,
succeeded in crossing the summit on snow-shoes.
This was on the I7th of December. They were now
in the heart of the Sierra, faint, having but little
food, and almost buried in the soft snow, which con-
tinued falling day after day. They had one gun, but
not a livinjcf thins was to be seen. Some were stricken
with snow-blindness, and on the 23d of December,
one, Mr Stanton, from Syracuse, New York, fell be-
hind and perished. It was each for himself; they
were all now as fiends seven times hardened.
Christmas found them burrowing in the snow, and
debating whether to attempt to proceed or to give it
up. Eddy and the women determined to go on ; the
others sullenly refused to move. From the start the
allowance had been one ounce of food to each, three
times a day ; now they had been without any food for
two days. One, Patrick Dolan, proposed the casting
of lots to determine which should die. Eddy assented;
William Foster objected. It was then proposed that
two should fight until one was slain ; tlien that they
should continue their journey until one should suc-
cumb, which last proposition was finally accepted.
Then they staggered on three miles farther and en-
camped. With great difficulty they succeeded in
lighting a fire, but during the night it was extin-
l
100
THE JOURNEY OVERLAND
guished by the storm. About ten o'clock one An-
toine died; three hours after, another, Graves; the
next day another, Dolan, the day after, one more.
Murphy. Plenty of man-incat now 1 Two went
mad ; the rest took turns praying. Tighter the skin
cleaved to the fleshless bones, wilder and fiercer grew
the sunken eyes, and fixed and more fixed the features
of the ghastly faces. Hunger even left them, and
they moved about their shrunken carcasses as if just
dragged from the grave.
After lying under their blankets in the snow for
two days and nights they struck a fire, and all but
Eddy, as he says, "cut the flesh from the arms and
legs of Patrick Dolan, and roasted and ate it, avert-
ing their faces from each other, and weeping." The
29th of December they departed from the Camp of
Death, as they called their last halting-place, and
went forward. Eddy would probably have died but
for half a pound of roasted bear-meat which he acci-
dentally found while fumbling for something in his
pouch. It was wrapped in a paper on which was
written in pencil, '* From your own dear Eleanor."
Ah 1 the boundless devotion of woman. He had left
his wife behind, and now she starves herself and little
ones to save him. Though he struggled manfully to
rescue them he never saw wife or child again. Eddy
was at last obliged to succumb, and feed on his fellows
or die. He reported that he " experienced no loathing
or disgust, but his reason, which he thought was
never more unclouded, told him that it was a horrid
repast."
Swearing vengeance on Hastings, as others
swore vengeance on Jesse Applegate for having de-
coyed them, as they called it, into his cut-ofF, they
staggered along, leaving on tlie white snow of the
Sierra the crimson tracks of their bloody feet. Of
the party were a Mr and Mrs Fosdick. The 4th of
January, 1847, Fosdick died, and the body was left
about a mile back from where they camped that night.
ON THE SIERRA.
101
In the morninjjf, Mrs Fosdick, feeling that she must
kiss once more the cold lips of her dead, started back for
that purpose. In the words of Mr Thornton, Eddy's
narrator, "two individuals accompanied her; and when
they arrived at the body, they, notwithstanding the
remonstrances, entreaties, and tears of the aflnficted
widow, cut out the heart and liver, and severed the
arms and legs of her departed husband. Mrs Fos-
dick took up a little bundle she had left, and returned
with these two persons to one of the camps, where
she saw an emigrant thrust the heart through with a
stick, and hold it in the fire to roast. Unable to en-
dure the horrible sight of seeing literally devoured
a heart that had fondly and ardently loved her until
it had ceased to throb, she turned away, and went to
another camp, sick and almost blinded by the specta-
cle."
On they go, death even too slow for their now
ghoulish appetites; and as they reel along, drunk
with misfortune and human blood, thej' solace them-
selves with thoughts of their next repast. "There is
Mrs McCutcheon," says Foster, well-nigh insane,
" she's a nuisance, she can't keep up ; let us kill her.
There is Mary Graves and Mrs Fosdick ; they have
no children, what do you think of them ? " Some
oppose, and then the men, so weak that they can
scarcely stand, draw their weapons and threaten to
fight over it. Next they shoot two tame Indians
who had been sent bv Sutter with horses to the relief
of the party when it was first told him by Reed that
they had lost their cattle in the desert, and before
anything was known of their 1. ' "• great distress and
starvation. The names of those sacrificed were Lewis
and Salvador. So faithful were they to Sutter's in-
terests, that a few days before they had refused to
abandon the property of their master, even to save
their own lives. When Sutter heard of it he was
greatly distressed, and turning to the wretches, ex-
claimed, "You kill and eat all my good Indians 1"
'>\ r<
iSl
102
THE JOURNEY OVERLAND.
lil
i!i
u
Thus they slowly continued their way down ' the
Sierra to the north branch of the American river,
when on the 9th of January they came to a rancheria
of natives, who were so overcome on beholding the
pitiful condition of the strangers that they burst into
loud lamentations, the women sobbing in sympathy
as they hastily prepared mashed acorns for their re-
lief Then these natives sent messenojers on to the
next rancheria, that its people might likewise prepare
food and welcome for the afflicted travellers ; and so
they passed them along from one to another, all that
was left of them, until on the l7th of January they
reached the house of M. D. Richcy, whose kind-
hearted daughter on first beholding Mr. Eddy burst
into tears without speaking a word.
Of the seventeen who set out from Truckee, eight
had perished by the way, and all of these were men.
Every woman had come through. The news of their
suffering, and the condition of those left behind, spread
swiftly among the settlers. Couriers were despatched
to Sutter's fort, to Sonoma, to Yerba Bucna, and im-
mediate preparations were made for the relief of the
sutterers. Men eagerly volunteered to go to their
assistance, and money was furnished with lavish
hands. Even thus early hi her history, as ever after-
ward, the heart of California was wide open to tlie
cry of distress. Several expeditions at once set out
for Mountain camp, as the cabhis near Donncr lake
were called. The first was under Reed, who when
driven from the camp for man-slaughter had made
his way to California, where he was awaiting the ar-
rival of the party witli his wife and children, Sutter
and John Sinclair sent out a party under Aquilla
Glover. Eddy attempted to return with this party,
but was obliged from weakness to give it up. Glover
made two expeditions, Reed and McCutcheon two,
Foster and Eddy one, besides the expeditions of
Starks and others, and of Mr Fellan.
Burying provisions in the snow for tlieir return as
RELIEF EXPEDITIONS.
103
they went along, Glover and his party reached Moun-
tain camp on the evening of February 19th. On
every side the snow presented an apparently unbroken
level, and the stillness of death was there. They
shouted, and the moaning wind answered like voices
from another world. Other and louder shouts were
raised. Presently, like vermin from their holes, crept
forth from the cabin under the snow human forms,
skeletons slowly moved by a cold and aching anima-
tion. A dull delirium of joy broke forth in low laughs
and sobs and tears. "Have you brought anything
for me ? " one after another asked, the narrator goes
on to say : "Many of them had a peculiarly wild ex-
pression of the eye ; all looked haggard, ghastly, and
horrible. The flesh was wasted from their bodies, and
the skin seemed to have dried upon their bones. Their
voices were weak and sepulchral ; and the whole scene
conveyed to the mind the idea of that shout having
reached another world, awakenhig the dead from un-
der the snows. Fourteen of their number, principally
men, had already died from starvation, and many
more were so reduced that it was almost certain they
would never rise from the miserable beds upon which
tliey had lain down." The unhappy survivors were, in
short, in a condition the most deplorable, and beyond
the power of language to describe, or of the imagination
to conceive. The annals of human suffering nowhere
present a more ap})alling spectacle than that which
blasted the eyes and sickened the hearts of those brave
men whose indomitable courage and perseverance in
the face of so many dangers, hardships, ai)d privations,
snatched some of these miserable survivors from the
jaws of death, and who, for having done so much,
merit the lasting gratitude and respect of every man
who has a heart to feel for human woe, or a hand to
afford relief
" Many of the sufferers had been living for weeks
upon bullock hides ; and even this sort of food was so
nearly exhausted with some, that they were about to
104
THE JOUENEY OVERLAND.
dig up from the snow the bodies of their companions
t)r the purpose of prolonghi|^ their wretched Hves.
Mrs. Reed, who lived in Breen's cabin, had, during
a considerable time, supported herself and four chil-
dren by cracking and boiling again the bones from
which Breen's family had carefully scraped all the
flesh.
Some of the emigrants had been making prepara-
tions for death, and at morning and evening the in-
cense of.prayer and thanksgiving ascended from their
cheerless and comfortless dwellings. Others there
were who thought they might as well curse God as
bless him for bringing them to such a pass ; and so they
did ; and they cursed the snow, and the mountains,
and in the wildest frenzy deplored their miserable
fate. Some poured bitter imprecations upon the world,
and everything and everybody in it ; and all united in
common fears of a common and inevitable death.
Many of them had, in a great measure, lost all self-
respect. Untold sufferhigs had broken their spirits,
and prostrated evi^rything like a commendable pride.
Misfortune had dried up the fountains of the heart;
and the dead, whom their weakness made it impossi-
ble to carry out, were dragged from their cabins by
means of ropes, with an apathy that afforded a faint
indication of the extent of the change which a few
weeks of dire suffering had produced in hearts that
once sympathized with the dis^-ressed and mourned
the departed. With many of them, all principle, too,
had been swept away by this tr jmendous torrent of
accumulated woes. It became necessary to place a
guard over the little store of provisions brought to
their relief; and they stole and devoured the raw-hide
strings from the snow-shoes of those who had come
to deliver them. Upon going down into the cabins
of this Mountain camp, to the party were presented
sights of misery and scenes of horror, the full tale of
which will never be told, and never ought to be ; sights
which, although the emigrants had not yet commenced
eatin
C(»nii|
Wv»ul|
was
to go
HORRIBLE SCENES.
lOS
eating the dead, were so revolting that tliey were
compelled to withdraw and make a fire where they
would not be under the necessity of looking upon the
painful spectacle." Some were already too far gone
to eat; others died from over-eating.
Glover could take out part of the sufferers only.
One of the Donner brothers was so reduced that it
was found impossible to remove him. His wife, who
was comparatively well, when besought by her hus-
band to accompany the party, firmly refused ; and
there she remained through horrible lingerings, and
died with her husband, a noble example of conjugal
fidehty. It was with the utmost difficulty that any
of these unfortunates were conve3'^ed over the snow,
and to add to their misery, Mr. Glover, when in the
extremest necessity, found his buried provisions de-
stroyed by cougars. One of their number, John
Denton, when ho could proceed no farther, told them
to go on and leave him, which was done after building
him a fire and leaving him nearly all their food; and
there he died.
On the 25th of February, they encountered Reed
and his party going in, the meeting between whom
and his wife was most affecting. Reed continued his
way, as his two children were yet at Mountain camp.
He found the survivors in a yet more pitiful plight
than when Glover first saw them. After performing
several acts of humanity, the relief party "had now,
for the first time a little leisure to observe. The
mutilated body of a friend, having nearly all the flesh
torn away, was seen at the door, the head and face
remaining entire. Half consumed limbs were seen
concealed in trunks. Bones were scattered about.
Human hair of different colors was seen in tufts about
the fire-place. The sight was overwhelming, and
outraged nature sought relief by one spontaneous out-
cry of agony, and grief, and tears. The air was rent
by the wails of sorrow and distress that ascended at
once, and as if by previous concert, from that charnel-
1 in
106
THE JOURNEY OVERLAND,
house of death beneath tlie snow." There were chil-
dren wallowing in their filth, and moaning for food,
that had so lain, undisturbed, for fourteen days.
Jacob Doniier was dead. Baptiste had just left the
camp of the widow with the leg and thigh of the dead
nwm, '* for which ho had been sent by George Donner,
the brother of the deceased. That was given, but the
boy was informed that no more could be given, Jacob
Donner's body being the last they had. They had
consumed four bodies, and the children were sitting
ujjon a log, with their faces stained with blood, de-
vouring the half-roasted liver and heart of the father,
unconscious of the ai>proach of the men, of whom they
took not the slightest notice even after they had come
up. Mrs Jacob Donner was in a helpless condition,
without anything whatever to eat except the body of
her husband, and she declared she would die before
she would eat of this. Around the fire were hair,
bon(!S, skulls, and the fragments of half-consumed
limbs."
The relief party under Foster and Eddy was the
next to enter. Eddv found his wife and children all
dead. "Patrick Breen and his wife seemed not in
any degree to realize the extent of their peril, or that
they were in peril at all. They were found lying
down, sunning themselves, and evincing no concern
for the future. They had consumed the two children
of Jacob Donner." The wickedest man of all was
Kiesburg, the same who so cruelly thrust the old man
from his wagon. While there were yet hides enough
to sustain life, and a dead bullock uncovered by the
iiielting snow on which the others lived, he took to
bed with him one night Foster's little four-year-old
boy, and devoured him before mornhig. "What adds,
if possible, to the horrors of this horrible meal is the
fact that the child was alive when it was taken to
bed, leading to the suspicion that he strangled it, al-
though he denies this charge. This man also devoured
Mr Eddy's child before noon the next day, and was
THE WICKEDEST MAN.
107
among the first to coninmnicate the fact to hnn. When
asked by the outraged father why lie did not eat the
hides and bullock, he coolly replied that he preferred
human flesh as being more palatable and containing
more nutriment."
Fellen and his party, the last to visit the place for
purposes of relief, did not reach the camp until the
17th of April. As narrated by Bryant, they found
Kiesburg " reclining on the floor of the cabin, smoking
his pipe. Near his head a fire was blazing, upon
which was a camp-kettle filled with human flesh. His
feet were resting upon skulls and dislocated limbs de-
nuded of their flesh. A bucket partly filled with
blood was near, and pieces of human flesh, fresh and
bloody, were strewn around. Tlie appearance of
Kiesburg was haggard and revolting. His beard was
of great length; his finger-nails had grown out until
tliev resembled the claws of beasts. He was ra^yjcd
and filthy, and the expression of his countenance was
ferocious. He stated that the Donners were both
dead."
Accused of havinu' murdered Mrs Donner for her
money, he denied it, until Fellen put a rope round
1.1s neck and threatened to hang him, when he pro-
duced some of the valuables of the Donners, and five
hundred dollars in money. Fellen, in his journal,
under date of April 20th, says of Kiesburg, the last
of the emigrants to leave this place of abomination,
"they hurried him away, but before leaving he gath-
ered together the bones, and heaped them all in a
box he used for the purpose, blessed them and the
cal)in, and said, 'I hope God will forgive me for what
I have done ; I couldn't help it, and I hope I may get
to heaven yet. We asked Kiesburg why he did not
use the meat of the bullock and horse instead of hu-
man flesh. He replied he had not seen them. We
till n told him we knew better, and asked him why
tlie meat in the chair had not been consumed. He
said, ' O, its too drv eatuig ; the liver and lights are
1 ' r in}
',■■>!. \
^'ly
108
THE JOURNEY OVERLAND.
I
a f^rcat deal bottor, and the brains make good soup."
Wlicii accused of the murder of Mrs Donner, he said
tliat Mrs Donner, in attempting to cross from one
cabin to amither, had "missed tiie trail, and slept out
one night; that she came to liis camp the next night
very much fatigued ; he made her a cup of coffee,
E laced her in bed, and rolled her well in the blankets,
ut the next morning found her dead. He ate her
body, and f«)und lier flesh the best he had ever tasted.
He further stated that he obtained from her body at
least four pounds of fat."
A.t the close of a general summary of the affair,
the Califonua Star of the 10th of April 1847, says:
"After the first few deaths, but the one all-absorbinLC
thought of individual self-preservation prevailed.
The fountains of natural affection were all dried up.
The chords that once vibrated with connubial, parental,
and filial affection were rent asunder, and each seemed
resolved, without regard to the fate of others, to es-
cape the impending calamity. Even the wild hostile
mountain Indians, who once visited their camps, pitied
them ; and instead of pursuing the natural impulse of
their hostile feeling to the whites and destroying them
as they could easily have done, divided their own
scanty supply of food with them. So changed had
the emigrants become, that when the party sent out
arrived with food, some of them cast it aside, and
seemed to prefer the putrid human flesh that still
remained."
On his return to the east. General Kearney passed
by the scene of these tragical occurrences, and halted
there on the 22d of June, 1847. He ordt -ed the re-
mains collected and buried in one of the c? ins; some
of the bodies presented a mummy-like i nearance,
the flesh having remahied undecayed in ti ^ dry at-
mosphere. Fire was then set to the cabin, a :1 so was
consumed as far as possible every trace of t e melan-
choly occurrence. Of the eighty persons jriginally
composing the party, thirty-six perished, of whom
IMMIORATION OP 1840.
109
but eight were females, while twenty-four females and
twenty males survived.
Revolting as are these revelations, the half has
not been told. Of the dark deeds committed In this
sepulchral Sierra, under cover of night, or in the
light of day made blacker than blackest night by the
darkness of the deed, comparatively few have ever
been told. But entmgh has been told to show us
what men will do when forced by necessity. These
Donners were cultivated, wealthy peo|)le; they be-
haved better in some respects than the others, and
yet they did not wholly forbear to eat of each other.
During the immigration of 1849, and before that
time, there wore many parties who underwent much
suffering; some similar to those experienced by the
Donner party, yet there was no instance which as a
whole equalled those horrors in magnitude and inten-
sity. Toward this western shore had set the world's
tide of human life and human passion. So great was
the movement of 1849 that I might say there was
almost a continuous line of wagons from the Missouri
river to the Sierra Nevada, an almost unbroken line
of light from the camp-fires at night ; hence it was
safe enough for single wagons, or horsemen, or foot
passengers even, to join the throng. And many of
these individual adventurers there were. But man
likes company, especially when there is toil and un-
certainty before him; and so at the east overland
societies were organized and officered bound for the
mines, the object being that by a conmmnity of labor
or capital mutual comfort and safety might be in-
creased.
The idea of association was to divide the /enturo,
or to unite the benefits of money and labor, or for
mutual aid, or protection, or to assure attention in
case of sickness, or for all these combined. One
desires to go to California who has not the means,
so he drives across the plains the team of ciie who
110
THE JOURNEY OVERLAND.
requires a driver. Hundreds of associations were
formed on various plans, some to go out by water and
some by land. Usually they were composed of from
ten to fifty persons, though I have known companies c f
100, and one of 150 men. Each member contributed
so much capital either in money or its equivalent,
which was expended before starting in provisions,
clothing, utensils, medicines, or whatever in the
opinions of the officers would yield the largest profit,
or tend most to the amelioration of the condition of
the members. In Augusta, Maine, a society was
formed of thirty persons, each contributhig $500,
which capital was cmploj^cd in the purchase of a
ship of 200 tons, and freighting it with wooden
houses, machines for washing and separating gold, a
mill, and merchandise, of which portion was to be
sold in San Francisco, and part to be used by the
members of the association in mining and milling
operations of their own. Another similar copartner-
ship was organized at Utica, New York, with a capi-
tal of $30,000; and many others. The ships were
to be sold or abandoned at San Francisco, and seamen
eagerly shipped to be discharged there.
But these associations were mostly failures. They
were too cumbersome, the men too inexi)erienced, too
little acquainted with the country and with what
they proposed to do, knowing neither each other nor
themselves. The ineffiv'ient members cramped the
energies of those who might succeed alone ; cumber-
some associations cannot move with the promptness and
celerity of hidividuals ; they are unable to act indi-
vidually, to seize occasions, and the best men belong-
ing to them are usually most rejoiced to be free
from them.
Codes were sometimes adopted and by-laws signed ;
but from inexperience, and the festerings arising from
new and strange abrasures, c. verland parties frequently
broke into helter-skelter scrambles before the jour-
ney was half completed. Frequently the means
THEORY AND PRACTTCE OF ASSOCIATION.
Ill
hat
nor
the
)(r-
laiul
^idi-
mg-
Ifice
ioa ;
roin
hly
)ur-
bans
necessary for the journey, either by land or water,
would be furnished by i»ne in consideration of a prom-
ise from the other to perform a certain amount (f
labor, or to divide the profits. But so entirely then
was California beyond the reach of law, or even light,
or restraint, that a man must be impregnated with
honesty and conscience in a remarkable degree long to
be mindful of obligations entered into with those who
are never to know if he keeps them.
No sooner was a family, tor instance, fairly started
overland, than the master was as much m the hands
of the man as the man was in those of the master ,
and often an emigrant was obliged to submit to insult
and wrong heaped upon him by some base-minded
churl to whom he was doing charity All the em-
ployer could do in such cases was to turn the man
adrift, but this was impracticable in the middle of tl.o
plains with teams and stock to be attended to.
Moreover, such action might be exactly what the
fellow would like, as he could then make his way f )r-
ward untrammeled, with what his employer would feel
obliged to give him, or he could join some other
band.
Often when ready to start, the most absurd rumors
were rife. Some would say that the Mormons, ready
to kill or convert the emigrants, waited and watched
for them at the rivers ; in romantic re^jions savi.,i;es
lurked, if so be they should escape the avt'nging
saints; while still farther west, the emissaries of per-
fidious fur-companies had penetrated to brilu' with
rum or blankets the unso})histicated red man, and
stir him up against intruders upon the game-tilled
park that (k,d had given him.
Full of fanciful theories, until experience beat prac-
tical common-sense into them, some of the d(»lngs of
the emigrants were most childish. One conipany a
few davs after starting was struck with a freak of
law-making; and immediately after attempting to put
in practice the new regulations, as was often liie case,
ii
I ir
112
THE JOURNEY OVERLAND.
I'^
11'
it all fell in pieces. It appears that an edict had
gone forth against dogs ; all must die or leave the
train. The enraged owners of valuable canines
rushed to arms, and prepared to mingle the blood of
the slayers with that of the slain. The result was
the amendment of the decree and a reelection of
officers.
The ordinary migration was something as follows :
From the various points of departure along the then
so-called western frontier, companies, families, and in-
dividuals set out on foot, on horseback, on mules, in
covered wagons — prairie clippers or schooners some
called them — drawn by long files of cattle, and filled
with flour, bacon, beans, sugar, coffee, tobacco,
whisky, cooking and household utensils, and other
useful and useless articles, many of which were soon
to be thrown away to lighten the load. Extra draft
and riding animals to be used as relays, and to take
the places of the exhausted, lost, or stolen ; and some-
times cows and sheep, were driven, beside or behind the
wagon. As the animals thinned in immber, oxen
and mules, or horses and cows, might be seen yoked
together, and horseless cavaliers, thankful of any re-
lief for their blistered feet, did not disdain to mount
horned cattle. In the wagons were women, children,
and sick persons, though often these were obliged to
walk to save the strength of the fainting animals.
At the belt of many were carried a large knife, and
one or more revolvers ; slung to the back a rifle, and
from the saddle-horn a lasso hung ready for inmio-
diate use. Taking with them their wives and
children these gold-worshippers left behind — not
starvation and anarchy, but peaceful, happy homes,
good governuient and plenty, abasing their work-worn
women, and exposing their nurselings to burning plains
and icy mountains, dooming them to disease, perhaps
death. Love of adventure prompted some, love of
1
We
crii
tho
hy
thrd
the
dow
mon
ha hi
and
out c
turke
some
and i
quarr
secure
antelo
beasts
womer
someti]
and h<
buried
it woul
nually !
To c
tically i
reached
was not
of overii
Missour
from the
or if for
taken — t
within si
dotted th
old pion<
that. A
glowing 8
Cai
health most „f tu '
crime not a few *^"' ""d We of lawlessness and
«'ougl "KteSr ""'■?'""* 2,000 miles
aown into the garden of P„lf ■ ™ Nevada, and
months the em,|™„Ts Vte ^''f°™>^ , J'"'" weeks a"d
haWion; eve.! the h!^^s ofSt"^''* °^ ""^ human
«ncl then swept down uZ ti°„ ''^ "^^^S^^ that now
out of view. On reachL i ' """"^ "ninown and
turkeys, and an ocSoiaf ttT"'' "^''""^ e'k, wM
«om« would pursue, but wff't' ^ ■"^^""• ^^'"ich
and then a wiser hunter whV. f?''ept,on of now
quarry their incipient 1,1? • T,""''' "'"''o » noble
secured little food. :^fr''\ of fire-arms
ante ope with the g^ w„lf oo "5"'° ""'' 'catteril
b^stsof prey, witlfno^&Zf >/^^'"' ^"'^ ««>ef
women, were the ^nlo ^* of savage men nn^
-metimes sterS: Region ''T'^ "^ ""s^^lf :„"^
and here and ther?ve„e.i '"**J7'''» was water
.buried the traveller t [^«'^'^''on. Sometimes s^'l
" would be too pooi even .'VTy '■»'<'«. andaS
"ually swept over it " '" ^""^ *he fires thatC
tieaHyl^^Sble^rir ^""''^ -'"*- was prac
^^oaehed tfe eas too Ute^Z'S' "^*'^« 8°'^ dfsco^v: t
was not until abont t • , .?''e summer of ISJB X
mS"^ emt:Ut%:;5'-/^;^84» thJt'h^elide'
iVlissouri, was one of the oh; T "' ^"^^pendence
from the northern states and S P"'"*" "^ ^^P^^uTe
or if for southern California f J ^^S'^"^^"*« ^^^ goal
taken-that old trai nev^l f' ^^"*^ ^^ traiJ^was
yithm shot of the bartn W-'^,^"-^^ ^^^nee passhu'
jotted the horizon or fitd ^Vj ra'" '''''. -casCaH^
old pioneers who had Jaid 1 7T'' ^^^ *h« wary
*^at-. At this time 30 oon 7*""* ^"^^ better thZ
glowing ardor, anTfrom h, S' '/^ ^ ^^'^'^-h in its
CA.. i«x. Poc. 8 """^ '^^/ndividual history, might
F)
lU
THE JOURNEY OVERLAND.
tell a tale more thrilling and more fascinating than
any of ancient pilgrimage, trailed over plains and rug-
ged hills of desolation, often with a miserable road,
or with no road at all ; and exposed to tornadoes fierce
enough to demolish a caravan, followed by ravenous
wolves and croaking ravens, harrassed by savages,
keeping watch by night, and sweating and swearing
by day ; suffering from scurvy and fever engendered
by salt unwholesome food, and from cholera brought
up the river from NeV Orleans, and wliich clung to
them until dissipated by the sharp air of the elevated
regions 500 miles distant Over the boundless prairies
they straggled, up in to the rarified air that stifled men
and beasts, down into waterless, sandy sinks ; across
sage brush plains efflorescent with alkali, over salty-
white flats caked hard as st(me, through blinding dust,
and into heaps of sand-like drifted ashy earth where
the animals sank to their bellies ; resting by cooling
springs, or thirsting beside fetid and acrid waters;
windinjr along the banks of slug'>ish water-courses,
fording brackisli brooks, swinnning ice-cold rivers, ex-
posed now to the unbroken rays of a withering sun,
and now to chilliing hail-storms, hurricanes, and suffo-
cating sand-blasts; sometimes miring in mud, sonus
times clioked in impa][)able dust which saturated hair
and clothes, filled eyes and nostrils, and made these
emigrant trains look like caravans emerijiny: from an
ash storm on the })lains of Sodom.
But what were these temporal miseries beside the
eternal reward that awaited them beyond the Sierra,
which, from its eastern slope, so giimly frowned on
those who came so far to tamper with its treasures?
Blessed faith 1 though material and transient in its
promised joys, it was none the less innnortal What
thougli credence be but a fata mon/ana, happiness a
phantom, and flattering hope be fed by night on dreams
and by day on mirage ; what though imaginary shapes
take on reality, and thought spends itself in midnight
apparitions and fantastic aerial visi(His, faith and hope
ermjt:
o
MIRAGE.
115
and happiness are none the less real, none tlie less
eternal By clay and by night, waking or sleeping,
gorgeous pictures toward the west were spread out
before these pilgrims — by day, phantasmagoria, aerial
plays of fancy as manifested in these terraqueous
metamorphoses due to variations from ordinary refrac-
tions of luminous ra^-s hi their passage through atmos-
pheric strata of ditl'erent densities, thus pluraliziiig
reflections, bnnging objects nearer, trans})orting them
to a distance, lifting them up from below tlje horizon,
investing and deforming them — by niglit, pictures of
tlie past and the future, the unwelcome })resent foi'
the moment wrapped hi oblivion; pictures of lionte, of
opulence, of merry-makings, and heart-gladdenings.
Here, high above the ocean, between the two great
uplifted ranges, wliere hills and desert flats rise well
nigh into the clouds, is the native land of the mirage,
distinct in its unreality, magnificent, ihougli built of
air and sand. Now it is a hmely valley, bearing in
its bosom a glassy lake, girdled witli waving groves
and parted by rushing streams; and now tlie gilded
spires of a mighty city pierce the dull, desiccated
heavens, massive masonry pillars the firmament, while
long drawn shadows cross and re-cross the marble
domes and crenelled turrets of atliousand palaces eni-
bahned in pleasant gardens like a Babylon, or gleam-
ing from settings of silver as wliere tlie lion of Saint
]\lark keeps guard over the bride of the Adriatic; at
times, again, their own images would loom out (Us-
torted hi figure or position, like the gliostof Brocktn,
through the ghiomy sultry air paljiable with sand.
As when, bk^ar-eyed from long contentions witli tlu)
sand and sun, exhausted by toilsome travel and faint-
ing with thirst, Fancy strips the eartli of its jiallid cov-
ering and fills the rent with the vaulted firmament,
sets up images motionless in the air and sends aerial
animals of divers sorts in hot chase one after another,
inundates sandy plains by the beating of the upahoot-
ing sua upon the surface, and places before them
116
THE JOURNEY OVERLAND,
transparent pools and isle-dotted lakes, reflecting cool
groves and grassy resting places, only to be borne oft'
by the wind, and cruelly snatched from their grasp on
nearer approach ; so to the ardent longings of their
inflamed brains, fickle fortune, incarnated, becomes a
true prophetess, and beckons them on with pleasing
illusions to their destruction. Alasl that it should
be so ; that fortune, fame, and happiness, and life itsclf,
should be so like the mirage to which these foot-sore
desert- walkers so often anchored their hopes !
At the beginning of the journey, witli fresh cattle,
a })lentiful store of food, and a road that lay through
grassy prairies and well-watered valleys, with bright,
cheerful warmth by day and restoring sleep at night,
each dropping into place, and all attending to their
several duties, driving their teams, seeking water,
preparing resting-places for the night, unyoking oxen,
picketing horses, unpacking the wagons, pitching tents,
gathering wood and cooking the supper, mending
broken wagons, telling stories by the camp-fires,
watching their grazing cattle, or scouring the adjacent
plain for the strayed or such as had been stolen,
chasing buffalo, shouting antelope, parleying with the
natives — in the first flush of sanguine hope, with ex-
pectation bright before them, this sort of life was not
so bad. When a caravan camped at night, the men
made a circle of their wagons, at once a bulwaik and
a corral for their cattle. About this they pitched
their tents, and surrounded all with a guard of blazing
camp-fires, which threw their glare far into the sur-
rounding darkness, and illuminated the groups that
cooked or smoked or slept beside them. Golden-
winged Eros sometimes dropped in among them, flut-
tered about the wagons, and a clergyman or squire
must be hunted up among the trains to terminate his
sad doings by a marriage. Once in a while they killed
a buffalo and then they munched and munched, till
marrov -nd fat, and fullness made their worn, wan
faces tc bine in the red fire-light like the satyrs.
bon£
I-;VND xMARKS.
117
a>'<l a.Chimney rock at nnl *f "'" *'"• ^''"^''•tl tuttes
nant „f an ancient biuffbT^f" '""■"'■»™t and rlm-
by the winds and vT' e "P"" "'"i won, awZ
^ face of hoavcTtl:. S^fi' ''""? """ ^
warning, as you cl.oosc f,f'. ■"'S^'' »f 'i"!'" <>r
spread for „,ifestl,ersnLl.^ *l"'' "• ^-ott blurt^
Krand as the hills o Sw a,? ur^-""'' *""'elif^
"»«.'.;• one, through the Z "* *''" S^antcitics; l.ut
tomb „ foe, heralcQ by ^SyTf *'"^'''' '^-'"''=rin".
«■•«, girdles their rauimrts ami fl "'"",'""' l»"ar of
IS heard ajrain throu..rtl ? ' 'f "''a^l' "fa Jericli,,
an J the roar of tfe^ ea^!,!™"''^'^ "^ "'« ta» -
grass becomes scarcelT^br^ '."'''■'"'™''- '^^^<'- tiTe'
'» "'any places is all c«,sumed f ?"* ^'^^ ""• and
'1- routes must be sonTf ', '"' ""^ and u„ r„,|
'^"■/"od, and wo„,cn S ' if!"' '""'•' K'in to fll,t
»'"' »'en, ill-fed l"l l^t'^t?^'" ^"^^'^ an,| die
fi;-'" daylight till dark'^dex^,^' h*'","^ *''" ""'WlJ
"flioat and cold, be,;i„f'JT'',*;t'''''-'"'ato blasts
'ftonedof thoir'lai"'"rt,nnld ^V"^ ""'^' l'«
P=wr dumb brutes thus slmwiT^^' ^^'^^amvliile the
'xvners- gree<l, gasph', ajlC"'-iT'"''="' '"«'«i^
ppon-mouthcd, with Inillt J"^<"'«We to the .r„ad
ja-s and dull sunken "^ d""*-'""- ""'' ^'^^'
t venty miles a da,-, or wfth if? "'""=' "'^r two „?
*. an' ,rr:' tS*:^ -r^. n.- reaso,,.
Mows, mai,3. • '•them and m'iiiH -'7 <'"'' l"""-
the carcasses oi their boal Tn li"""" """""^ wi"'
'allw of the MississiimTt ,'^" V'" "'V"'"' the
tracks were marked by reirf "'''"'• '"»»• t-.rtuo s
t;^.ts, east-offclothi„/s 1 nrn • •™«°"'' d«'""lisho<
^--^therottiug'^i~ftfe-ffl
118
THE JOURNEY OVERLAND
witli the 111 covered <;ravcsof incn and women, u^hastly
Bkeletotis of jrolden hopes. Some were ovcrtak(!n hy
the snow, and losing their way, perished ; some wero
sliot hv savaojcs; some fell bv disease. In thcwords
of a pilgrim, "the last part of the emigration resembled
the rout of an ami}-, with it.s distressed multitudes of
helpless sufferers, rather than the voluntary movement
of a free people." On reaching the Truckee, their
weary spirits grew buoyant again; for now the trail
w\as <jfood, water and <;rass abunlant, and the first tall
trees which thcv had seen for elLjht hundred miles,
appear. So on the survivors come, sometimes worn
out bv famine and fatigue, over sterile hills and scorch-
ing Saharas, through the valleys of death and from
tlie plains of desolati(m, heedless if not heartless, up
by the pathway through the cloven granite, through
the mountain pass, then zig-zag down the steep slopes,
and beneath the shadowy pines of the Sierra, empty-
ing all that is left of them and their belongings into
the valley of the Sacramento, or into the garden of
Los Angeles, ready after their toilsome march to reap
and riot with the best of them.
Fortunate indeed are they if their last flour be not
cooked, and the last morsel of rancid bacon be not de-
voured, before reaching their journey's end. Once
among the settlers, however, and they are sure of the
meansof appeasing their hunger; for there yet remains
something of that substantial hospitality which the
jioorest western emigrant would tliink it shame to re-
fuse another.
Now they may revel in the realms of golden dreainr,.
Here, indeed, is the promised land; and these dirt-
colored, skin-cracked, blinded, and footsore travellers,
whose stomach linings are worn and wasted from car-
rying foul food and fetid water — let them enjoy it.
Stripping off their ragged and gritty clothes, tlie
newly-arrived may bathe in the inviting streams,
drinking in the cool, refreshing water at every pore ;
they may put on fresh apparel, and fill themselves
THE LAND OF CANAAN.
lid
with good bread and beef; tlion mounting their liorses,
they may wade them through tracts of wihl oats that
top both horse and rider, and they may tread down
t]»e yeUow bloom of countless autunmal Howcrs. Tliey
may see licrds of antelopes passing along the plain
like wind-wave'S over the grass, and droves of wild
horses tossintj their heads in the air as their broad
nostrils catch the taint of the intruders, and great,
aiitlered elk, some as big as Mexican nmles, grazing
about the groves and under the scattered trees. Now
they may rest, and now the more fortunate may hope
to enjoy the luxury of house, and bed with clean
slieets and soft pillows. Yet at first, to him who has
long slept in the open air, these are no luxuries. Often
tliose accustomed to every comfort at Jiome, neat and
fastidious in all their tastes, on resuming their former
mode of living after sleeping a few months in the open
air, have been obliged to leave a comfortable bed and
spread their blankets under the trees if they would
have sleep. The house and its trappings stifle them.
So hates the savaije civilization.
The relative dangers of the overland and ocean
journeys have sometimes been discussed. I should
sav that hi dansjfor, and in the romance which dan<j:cr
brings, the journey across the plains eclipsed the
steamer voyage, in which there was more vexation of
spirit than actual peril. Even the long and stormy
passage of Cape Horn had fewer terrors than the? be-
lated passage of the snowy Sierra. The traveller
wlio takes ship for a far-off' laud incurs risk, it is true ;
but if he reaches his destination at all, it is without
effort on his part. He throws himself upon the
mercy of the elements, and once having done this he
can do no more. But there is much that is strength-
eniuix, ennoblinti:, in the battlinos and uncertainties of
overland travel. I have, indeed, often thought that
man is never more ingloriously placed, that his petti-
ness and feebleness are never more ignobly patent.
120
THE JOURNEY OVERLAND.
I!
than when he is brought face to face with nature
upon the ocean. See him as he scans the horizon
with anxious and fearful eye, watching for an enemy
which he knows is his master; mark him, when that
enemy appears, cringing and shrinking from tlie shock
of battle, his ship tossing helplessly with folded and
bedraggled wings, as if seeking to become so small
and insignificant that the storm will sweep over her
bowed head in contemptuous pity.
But what a different aspect man presents wlien
braving and contending with perils such as those to
which our overland immigrants were exposed. They
were not so much at the mercy of capricious elements,
to drive them hundreds of miles out of their course
or retard their journey for months. Upon their own
strength, courage, and endurance they relied. Havhig
determined their route they set their faces westward, and
westward by that route they went until their goal was
reached, opposing force with force, meeting danger,
difficulty, and hardship, without flinching, conquering
every foot of the way by their own indomitable will.
Yet, alas ! many here fell by the way, as we have
seen.
CHAPTER VI.
THE VOYAGE TO CALIFORNIA— NEW YORK TO CHAORES.
Some 8ct out, liko crusaders of old, with a glorious equipment of lio]ie
anil ciitliUMiasiii, and gut broken l>y the way, wanting iiaticnctt witli each
other and the world. — Georije E'uot,
EvEUYBODY is supposcd to Iciiow, tliougli cvcrybotly
does not know, that Phryxos fled from the wratli of
his father AthaniJis, kin»( of Orchoinenus, in BoDotia,
riding througli the air to Colchis upon the rain with
tlie golden Hoece, which was the gift of Hermes.
The ram was then sacrificed to Zeus, and the fleece
given to King -^]tes, who hung it uj)on a sacred oak
ill the grove of Ares, where it was guardctl night and
day by an ever-watchful dragon. Polias, king of
lolcos, in Thcssaly, sent Jason his half brother s son,
wlio claimed the sovereignty, with the chief heroes
of Greece, in the ship Argo to fetch the golden fleece.
Jason obtained the fleece, though Pelias had hoped
ho should have been destrovcd. Of the Arsjonauts
there were fifty in number, and among them Hercules,
and the singer Orpheus, Castor and Pollux, Zetes and
Calais, Mopus, Theseus, and others, the stories con-
cerning whoso enterprise, it is thought, grew out of
the commercial expeditions of the Munvans to the
coasts of the Euxiiie. Ulysses, returning from the
scige of Troy, made a ten year's voyage, being driven
about by tempests, during which time he underwent
many strange adventures. Other Mediterranean
mythological voyages there were, and hypothetical
navigations to the near shores and islands of the
Atlantic and Indian oceans; follownig which were
{ 121 )
122
THE VOYAOE TO CALIFORNIA.
tlu! voya«2^('H of tlie Sraiulinaviurs, tlioso i\crco Nofae-
iiK'ii tliat wcro the terror of all the maritime nations
of nortlurn Europe, and tlie first kn«)\vn tliscoverors
of Amt rica. Then there were tlie vovai^eH of tlie
l\)rtiiL;uese round Africa, and of the Spaniards to
America; tliere wi^re the ])ut('li vova<jfes foreoiujiust,
and tlie Enuflish vovaytes of eireunniavisjration ; tjiero
were vovai;es of discovery, commercial vovanes, V()V-
ages for purposes of war, science, and reliujion, for
pleasure, proHt, and prosclytin|j;, hut never since the
sea was made has there hcen seen such vova<;inij: as
the trip to California during the flush times. And
never shall the sea behold such sights again ; nevt r
shall tempest sport such tangled human freight, nor
the soft tropical wind whi.sper of such confused and
desultory cargoes as those which swept the main in
shijis from every point in search of the new golden
fleece.
As compared with contemporaneous trans- Atlantic
navigation, the voyage from New York to San Fran-
cisco by way of the Istlnnus presents entirely distinct
features. It was an episode individual and peculiar ;
a part, and no small part, of the great uprising and
exodus of the nations; it was the grand pathway of
pilgrims from all parts of the eastern world ; it was
brimfuU of romance and comedy, of unnumbered
woes and tragedy, enlivened now and then by a dis-
aster which sent a thrill throughout the civilized
world. It was a briny, boisterous idyl, where courage
bore along slippery passage-ways, and love hjunged
U]H)n canopied decks, and sentiment in thin nmslin
cooed in close cabins, and vice and virtue went hanrl
in liand as friends.
The California voyage occupied twice the time of
the trans- Atlantic ; the steamers employed in tin.
former w^ere large, standing well out of water, and
capable of carrying from 700 to 1,500 passengers,
while those of the latter were lower and smaller.
In the character of the passengers, those by European
ABXOIIMITIES OF THE JOURNEY.
123
vessels were more lioinogeneous, more alike one an-
other, each ship carrying a fraternizing cargo what-
ever tiie caste, a cargo of ncaicr kin.slii[) in origin and
dt!stlnation, while on the Cahfornian stcanurs ail was
babel-tongued discordant conglonu'ration. In scenery
the California trip, as compared to the European, is
as kaleidosco})e to spy-glasH; there are seas that lash
themselves into angry foam, seas that race their hlue
billows aloni;, swirling and shaking their crest:4 in
careless wantonness, and seas glassy as mountain lakes,
mirrorinur the luxuriant ijreen of tropical isles and
mainland. Within the three weeks allotted to the
trip the voyager j)asses under the hitluence of the
four seasons, is introduced to wonderful lands, and
made acquainted with strange peoples. Nature and
human nature assumes phases altogether new; unitpie
experiences and wide prospects shaqMMi tlu^ faculties
and eidarge ideas. A sort of inspiration follows; the
windows of the mnnl are opened atid innnensity
rushes in, even sea-sickness is an Inspiration, or is
followed by keener thoughts and an inspiriting frame
of mind.
The reasons whv there never again can be such sea-
voyagings are obvious. This planet has no other Cali-
f )rnia left, no other Pacific coast, no further stretch
of gold -besprinkled un(>ccupied temperate zone. CJold
discoveries there may be, and possible uprisings and
rushes, but the earth is now belted by railways and
telegraphs, and all ])arts of it winth rusliing to, all
parts of it possible to seize, pleasant to live in, or
profital)lc to subdue are now occupied and guarded by
civilized or semi civilized nations. There never will
be another crusade for the recoverv of the holv sei^-
ulchro, nor another ten centuries of religious wars,
nor another Bartholemew massacre, nor any more
old-fashioned voj'ages of discovery, nor any more
California gold-hunter's voyages of adventure. His-
tory may repeat itself; so may nature, progressional
pheuouiena, and fundamental social laws, but mon-
IM
THE VOYAGE TO CALIFORNIA.
strosities, aberrations, and abnormities, never. The
early voyage to California, like everything purely
Californian, is and ever shall be mi generis.
On the 24th of February, 1852, accompanied by
my friend Mr Kenny, I set sail from New York in
the steamer George Imw for Habana. There were
then two steamship lines in operation between New
York and San Francisco — one by way of Nicaragua,
and the other by way of Panamd. By the Nicara-
gua route, passengers were conveyed direct to San
Juan del Norte, or Greytown, where they took a
small steamboat and were conveyed up the river San
Juan and across Lake Nicaragua to Virgin bay,
Rivas, or Nicaragua, as the landing was severally
called ; thence by land to San Juan del Sur, and
again by steamer to San Francisco. Two steamers
of the Panamd lino, sailing one from ISew York and
the other from New Orleans, met at Habana. There
the passengers and mails of both were transferred to
a third steamer and conveyed to the port of Chagres,
where, disembarking, the Chagres river was ascended
in small open boats to Gorgona, or Cruces, thence by
saddle and pack nmles to Panamd, where the Pacific
Mail Steamship Company's steamer lay waiting to
sail for San Francisco, touching at Acapulco.
As early as 1835 the attention of the president,
Andrew Jackson, was called by Henry Clay to the
subject of inter-oceanic communication, and Charles
Biddle was appointed commissioner to examine tlie
several routes and report thereon. Nothing, how-
ever, was then accomplished. In 1847 the vexed
question of the boundary line between British
Columbia and Oregon having been settled by treaty
of the United States with Great Britain, it was
deemed desirable, if possible, that some shorter and
safer route should be found to the rich valleys of the
Northwest Coast, which were then rapitllv being
settled, than the savage path across the plains, or
STEAMSHIP COMPANIES.
Panama to Astoria. Oregon f T ^"^^ ^ork via
tic side at Charleston 4^ ' ^^^^^^^ng on the Atlan
*!- Pacific at ttiefrSr"' ^^^^' «-' -
^'«co. Under this aS.f '''''^^' ^"^ ^an Fran-
month^^^^ contract for 'a
f 09,000 per annum, was aw^'f, ! *^T"Pe«sation of
who assigned it to wlllitm K a" ^'""^^ ^^^^Is,
associates. Here thon , ^«P'»waJI and his
Pacific Mail steL h ;'c^:::;.t """^'r^ « ' «-
h\ the acquisition of k 1 fi ?^^ ^' '''^^^^' stimulated
CO d cliscoieries--b;;th : ^'Xr^ '^" ^"^-'i"-^
within less than three monVlT iJ •^''^"^^ J'appened
a>^«umed manimotirpZ" !^^^^^^^^ ^ts organizatLJ
largest oceanic transportation ' ^"^^ '^^^^'"^ the
7«r seen, having [TrtteS T^""'^ ^^'' ^^^'^^ has
steamers, sending^its^i^nlr "' f''^^ «^ ««v<'"ty
seas every fifteen davsZ 7 ''t Ploughing the
>^ow York to HongTon^ L'r^ «-;3g^be'froni
^an Francisco. "^ ^' ^^ ^^7 of Panamd and
Pao,(,c, tl,e service on^he Atl^v'"''!''"""*"' *" «■«
""•"P'oes of the ir„ited State, M-rJ?r"'8 "'"''•'• tl^e
l«".v, wliieh sailed their , ¥"'■' Steamship Co,,,.
»tcamers were built and jesiafche f"* "'^, '«^^- «' ««
fi;r San Francisco, via Samd /?;','' S"!^' H-m
I'o /'««awa beino. obli,., d t r i . '*f^""> a'tbou.rh
;%o« was the first ZrrX* l^^'Z^'f""''^- *''«
tl"8 naming of their eraT, It T,'^'**""'*''""- la
^;"'». even" then, was^lt ,*,""] ',''/'""*,'"'* ^ali-
"f these ship-owners a tL? . •'"?«'*"> "'e minds
-'-tie news of thelt^of ^o^d 11
1^
THE VOYAGE TO CALIFORNIA.
reached tliem wlien the pioneer vessel, the Califonua,
went to sea, which was on the 6th of October, 1848.
The Panama and the Oregon followed the California
at short hitcrvals. In consequence of the 5>()ld
discovery, and the distraction in maritime afthirs
growing out of it, the original project of contiiming
the line to Oregon was abandoned, and San Francisco
was made the terminus.
The Pacific Mail Steamship Company was not the
first to raise the shrill whistle of steam in these west
coast waters. Organized in Enyjland hi 1840, was a
company for the purpose of steam navigation in the
Pacific, and two steamers of 700 tons each, tlie ]l\ru.
and the f'liili, were sent under the conunand of
William Wheelwright throutch the strait of Mai^cllan
to the port of Talcahuano; but this enterprise failed
from impro])er managemcnc. In 1845 a little steam
schooner, whose machinery had been put in by Erics-
son as a sort of experiment, was sent by 11. B. Forbes
from Boston round Cape of Good Hope to China,
and upon the death of the captain the mate claims
to have crossed thence to San Francisco. Then the
Hudson's Bay Company had their steamer plying
between Puget Sound and Russian America before
the California, a magnificent wooden side-wheel
steamer of 900 tons, entered proudly the Golden
Gate.
On the 1st of December, 1848, as our history tells
us, the Atlantic company des})atched the steamer
Falcon for Chagros to connect with the California
from Panamil, northward. The passengers by the
Falcon were not all of them gold-seekers, as rumors
of gold discoveries prior to her departure were so faint
as to have created little impression upon the public
mind. Arrived at Panamii, however, they found
some 1500 eager adventurers dose upon their heels,
all clamorous for a ])assage to San Francisco, each
ravenous to be in at the rich harvest before the
others. All anxiouslv awaited the arrival of the
STEAM AND GOLD.
127
California, which made her appearance twenty-five
clays after the Falcons passengers had reached Pan-
aiiiil, and with 500 of the more highly favored, the
first steamship sailed majestically up the coast, entered
the bay of San Francisco, and came to anchor between
Yerba Buena island and the Cove, on the 2Hth of
Februarv, 184!).
What an awakeninij was here alonu those hitherto
slumbering shores ; steam, gold, and Anglo- Ameiican
occupation, all in a breath I And let it be borne in
mind that neither of these events grew out of the
other ; each was independent, though all simultaneous
- -as if this fair land, ripening for untold agt-s in the
womb of tim<', i'at! with the throes of progress now
been born tn iht >: i '^re, and made reatly for the use
of civilized iM'dii.
Then followed a series of the vilest impositions ever
]iractised upon a travelling public. An o])position
line by way of Nicaragua was early establislu'<l, but
tilts tended rather to increase than to diminish the
discomforts of jiassengers ; for the fare was at times
r duced so low that it would scarcely ])ay for the food
consumed, to say nothing of conipensati(»n for passage.
Then combinations would be entered into, and C^ali-
r>inia made to bleed for the shipowner's f)rmer
losses. Subse(|uently the Nicaragua company ob-
tained control of the Pai-ni::^; line on the Atlantic
side, and the Nicara'^ua ]\u(: \\;.y, discontinued. Tliis
made matters worse Mi n '■va-, for so powerful had
tliis monopoly now become, ^bat it could safely defy
opposition from any source, '\l cj»ese heartless and
Uiiscrupulous steamship magnates, called by the nmch
alnised Californians the scourges of the ocean, were
determined to wring from their traffic • the last i)ossible
dollar, at whatever cost of comfort, health, property,
or even life to those who were obli<»;ed to commit
tlnnnselves into their lu? ids.
The st>rvice on the ilaniic at this time would
ha\'e better befitted tho , ' V can slave trade than the
128
THE VOYAGE TO CALIFORNIA.
carrj'ing of American citizens; the vessels were small,
ill-appointed, often unseaworthy, half-manned, with-
out order or discipline, and with little attention to
comfort or safety. Exacting the money before the
passenger went on board, all they could get out of
him, shipowners somethnes performed part, some-
times the whole of their contract, according to cir-
cumstances. Indeed captains, seamen, pursers, waiters,
stewards, hotel-keepers, boatmen, and railway officials,
often appear to regard the wayfarer as an enemy,
going from place to place to disturb honest folk like
themselves, and whom to answer otherwise than in a
contemptuous, surly manner were ^, ^1= jrace to the
profession. A mistake had been coi. ted, the em-
ployes of tlie California steamship com^ anies seemed
to say, in not having had the passengers all put in
irons before starting. Ear-ringed islanders, tattoed
sailors, impudent negroes, and improved Irishmen,
upon principle snubbed every one that came in their
way, rich or poor, ignorant or learned, as infinitely
beneath them. Jammed hito a purgatorial hole, there
to remain in durance vile until the heaven of Califor-
nia was opened to them, from the beginning to the
end of the journey travellers were at the mercy of
these vile, unprincipled persons. The rooms were
often so close and filthy that occupants dreaded to go
to bed at night, and in the morning dreaded to arise
and encounter the social and atmospheric impurities
of the day. Often the floors of ill-ventilated cabins
were strewed with poor women, over whose faces was
spread a deadly pallor, the little ones crawling round
mothers too weak to move ; while in the steerage were
sights so sickening "as would put to blush the most
inhuman land-monster of feudal or any other times.
In selling tickets little attention was paid to limita-
tions In numbers by law; ships with a capacity for
500, would crowd in 1500, and often he who paid for
a first class passage was thrust into the second cabin,
and second cabin-passeng'Ts into the steerage. Every
SOME TRAVELLING MAXIMS.
niean artifice conceivAKi . ^^
tf fare would be exacted r«'''''\""' ''"'f fi"o.i,
tlireat of separating „S„ , " ^"<"»PiyJ>orth, unde^
'"xury on board; but Xr L •^'?"^ '™^ "'« greatest
I'assage „,o„ey Jt was sdd to tl ■"'= *''"« "^ »«00
at wenty-five' cents a S b ,1 ^t"^"''' '"""'""»y
roa ity but a ba)f or qCt. 1 f ''" P""'"'^ ^''<"-e il.
With parched tou.W?!' h, "'^ " P?""<1, an.l ma.n
pay the price. The vovi ■^ "'?"''' '">' "'K'"! to
With dreid, and undcrtig" 7 -f, '"f;«' '''"vard to
one, at least at that Scsolecl '.f^''"'™'™- No
Ploasuro trip. It wa L i o , if'" ■" ".'^y <« •■>
Cahfornian's e.Mncrience l> ""V'""^* ^Pot w manv a
"igl.tmare. If S" ?' """r'»'><='-«l to this day ^s a
«- but left-llIXd S'i''^tr'""""''--''--""
•"tenfattes of those daw r^^H ""• "'* *'"' «*^-'"nor
"'".. any through w S, tW 'P- '" '"S"'"' ^'"tter
,"«™r since tl,e world was w',,"''' '^'''' ^i'«<l, for
justice to carriers and c^t ,"""' *" "^"'^d- In
-Luittod that tra^eS^rs^ritititdr'^r"^' " "'"^t '
fr.volous co,nplaints, ofte'^v eK- t'a^tir"*'""-^ "'"'
»ut tins does not warranf « 7 -^ ,. *"^'^^ I>atioiicc-
f ";' ,«jsten,atie in u"ts " ucb "'''''"' "'"' ^' "tinie I
■ojl'less Calif„„,ia ;^2„tet %'T ''?!'«' "1'""
"diy, and in every wavT/,.* ^"'•'!,?n<iurt is ciw-
W.I1 grun,ble and be^uSs™ ^M^l'^"'' "• travellers
l-eoiters must expect tliis T f ' f"'',"" "'"' 'i"tcl-
;:.'";'•. that as aVuie rose CO ;r- ''""'''"'"«'■ ■"<>■■«-
'■'gilt, should expect least u^''""' ","»*t, who, as ..
^''infortsatl,on,efindsZ„,n^"f ^';'' '»' "'" fcwost
f..' s of tmvcl. In such ca eft, I '""' *''" *''""''-
"'"k^the loudest nole wkh% "•"'"''''■"'' "^"»"^-
«'«! unposition. To-day anlt'"'n 7'"' "f ''ardshi ,
gf-s are almost alwav^^tr™ !w '"^''-bel'aved passen-
il'-rganized and aStXhe T""' "" '"""^^ ''"»'
.|h<reare standard niaxim.i. "^"'.'^yance may be
" -ould be well tr ,l'rt''",7ver, which
130
THE VOYAGE TO CAIJFORNIA.
1/
w
comfort in travelling, then submit with resignation to
all ordinary imi)08itions. Resign yourself at the out-
set to the carrier as his victim, as the arbiter, for the
time, of your fate. Do not expect land luxuries at
sea ; man is a terrestrial and not an aqueous animal.
Not the least in the catalogue of annoyances, fretful-
ness, and complainings, the passengers bring upon them-
selves. Go into the hot, fetid air of the second cabin
and steerage, then be ashamed to nurse j'our discom-
forts in your upper room. The smell of oil from the
machinery, and filth from various quarters is nauseat-
ing, it is true; but I have suffered more from the
disgusting behavior of passengers than from filthy
ships and discourteous employes. Nor do I mean to
say that Californians are especially bad travellers; as
a rule they were, even in early times, orderly, quiet,
and well-behaved ; and when time had tempered their
spirits, hilarity and good humor prevailed. Other-
wise how should 1500 men, women, and children
have been able to exist, crowded into close quarters
for nearly a month, and much of the time under a
tropical sun?
Every sensible man then setting out for California
well knew that he should have to rough it ; or, if he
did not know it at the start he soon iound it out, and
ho ^oon saw that he might as well begin to make the
bciit of discomforts on ship board as any where else.
Those so thinking yielded gracefully to what they saw
was inevitable, and found that after all happiness does
not depend so nmch on having things a little better
than our neighbor, and that a little comfort, with a
heart disposed to be contented, carries with it much
happiness. Besides, all were certain of fortune, or at
least felicity, the moment they reached San Francisco ;
and so, in place of brooding over present privation.s,
they rather dreamed of future plenty.
There were notable exceptions to these systematic
impositions, even on the Atlantic side; while on tlio
JPacific, the rule was reversed. I have often been told
ATLANTIC AXD PACIFIC SERVICE.
by officers of the Pnf.i'fi„„
or more l.earti y c™dt,„ "1^?^ "'?' "o™" '^•^Mecl
sorvice on the Pacific w^lf ,*^?"" tl>e first tl.e
upon t),e Atlantic butTf .m'"'"^ """'rast to that
;^-e the n,a„age« of ?he "^*'' *%?*"■"■. of ,865
Company able to rid f?f„, . '^" ^^^ Steamshin
which ^ited so long L'tr'T' •"■ *'«'* influence
t us time the coutn.l „f H ^i^"" "» 'he line. At
their hands, whe" t fe l^^.^^'r.'iue passed into
-ere extended to trlveTloS o„"^h " A.f "''. <=<"'"'"^'^
hitherto been custon.ary on the P^i^*'""*'" «« had
eomimny had frequentl/ove^o^lfi ;. -""^ ^"^ifie
but this sometimes was an ac^ nf t l^"^" steamers,
eruelty ; as, f«r exan.ple l*en tl ^rJ '^"'«'' than
Panamd on her first vov^'th ^"'■^""'''' "-eachcd
there; and this, togethTl-l <,f''"'?™ «"^ ragin.,
anxiety to «,a^i t,,f ^^^ "^h he often ill-advised
stances drawn the last uLf ^°H '"''' 'u many in-
congregated on th^ Is^rus "' * T 'T^''* "^ 'ho-
«'!uch had aceomniodatiil for ''^* *''"' ^*'=''™er.
ja'led with four times X/ i^' ^"^ P^engers
SUOO was paid on t is tri^L""'"*''"'- ^' ^igg as
Gradually the serv ice Tc" * 'T^' P^^ge-
and yet more magnificent ^», P'^'^^ted. L^mer
tune to time, with°p on ^Ide .?[' ""''^ '"'"' fr™'
>"ie m length, and thei ,^e«> in »n " ?'^''".™* °f *
oftcered. The line ro^ to tl^ i "PPointed and ably
"'arme, and became an W tn *i '"^ °^ *''« "'orld^
J' rem this time until ti ° f'"= ^u'erican nati™
■•aiHvay, it carried mo*^„ ""'"P'^tion of the Pac fie
and, accordin.. to d^T P»^™gers, at fairer rat ,
■•umbers wit^fetr dt"omi.„^i",f ^^ ?i ^"" "*« - '
ecoamc lino. F„ur, five and j".f''' ''™'' ''"other
passed and repassed n WW "^ thousand people
^handise was ^ar^'ej Xh t.T '^^I^^^'' "'"f ""e^
"%'regated millions Tf doikr/^" t" *" ^^^ » ton,
■Jason why the passal o„ X W-^^ey. One
'- P'easant is'that fhe^X^^T^: - ^--ade
132
THE VOYAGE TO CALIFORNIA.
water, more like floating hotels, more spacious and
coniinodioua than those on the rougher Atlantic.
When I reached New York, in February 1852, the
rush for California still continued, though in a some-
what modified form. A little regularity was emerging
from the original chaos. The steamship office was
not now mobbed the night before the advertised day
for selling tickets, nor were sailing vessels despatched
daily for Chagres, to empty their passengers hito that
infectious climate, leaving them to complete their
journey as best they might. For this, however, the
ship owners were not to blame. So wild had been
the excitement, so insane were men to get at this
newly discovered gold, that thousands would recklessly
take passage on any craft to Chagres, and trust their
chances to get from Panamd to San Francisco. This
they did knowing the berths on all the steamers were
engaged for months to come, and that nmltitudcs
were waiting passage, both at New York and Pananul ;
but as it was every man for himself, each was sure
that by some means, natural or suixirnatural, he would
manage to get through. Before this, clamorous
crowds used to collect in front of the ticket-office
previous to the departure of every steamer, and there
remain for days and nights, so as to be ready the mo-
ment the door was opened. Sailing vessels were
taken from the fishhig or freighting service, and fitted
up with a temporary deck below, the space between
which and the upper deck formed a dormitory and
saloon. Round the sides of this between-decks were
three or four tiers of open berths, and in the centre
piles of luggage, passengers' stores, rough, hanging
shelves for tables, and boxes and benches for chair.s,
there being no such thing as caste among the passen-
gers, or cabin, or separate apartments, save the cap-
tain's room. And thus, like the boat of Charon, these
vessels plied, and ere they landed their prurient
THE DRPARTURE
> the grotesque, i„ tl," embarki,T'""r "" ""'«
J'usband and wife cl i n? ^ '^''^;'' «'«*^r and br«t 'r
ft'tntic en.braeo as if if Y\^'^<'h other in vet ,. '
-lo for the an,usemo^^t;^-''"^^^^^ ^"^ '-^ « - -
'^ t, to say nothing, of turni.t . ''"^'^^^'^ «»^' i'^iiibr-
'".i.^ from one to n./^i " ^^' ""* »'>t of ft ru
■•''•"■■••"t-an pltS" ■^';" ?«<""l't "read "I"
„„„, -;d Who re»a,„, „„d ehe So^^nr/rt
n, yvts do not aocomnnn.r +i ^ ^ «»>', and
134
THE VOYAGE TO CALIFORNIA.
i
starcr, while the young husband beside her tries in
vain to appear as if used to it. There is the lean and
hungry, most bland and voluble lawyer, with long
hooked nose and bald head, with sword cane and con-
cealed deringer ; and there the hard headed and hard-
hearted politician, who deals in the patriotism of the
American people as the pawnbroker deals in the
sufferings of the poor. This political huckster, hav-
ing had in his tune a monopoly of certain souls in
certain districts, but having meanwhile sold his own
soul to Satan many times on one side of the conti-
nent, now seeks a new market on the other. There
is the little scrawny avaricious old woman, probably
tlie most disgusting, at the same time the most piti-
able object on board, going out solitary and alone to
wash or nurse or otherwise work and hoard, if per-
adventure she may scrape together a little gold be-
fore she dies. There is a family, father, mother, and
daughter, the latter of that silly simpei'ing age which
fancies the eyes of all the world to be perpetually
resting on herself; there the man of business with
two females in charge, bustling about under his load
of responsibility ; there the sleepy young man, there
the Jack-a-daisical young woman — slieepamong wolves
— and there one, ill-mannered and awkward, fresh
from clod-breaking and swinc-tending, yet whose even
flash intelligence and whose broad brow and firm lij)
sliow fifty years of determined perseverance and self-
denial, if so be so much should stand between him
and success.
Noah's ark presented no more incongi ous gather-
ing. More than thirty different nations are repre-
sented on this deck ; men and women of almost every
land in Christendom and many beyond that line, of
divers colors and strange speech, the lank smart Yan-
kee, always at home; the tall bony hairy western
man, uncultured yet thoughtful, who comes so far
cast to get a start for a farther west; cattle drivers
from the nor>*:li and negro drivers from the south ;
QUALITY OP PASSENGERS.
Texan ™.gers an7'ptt7t'" •'^'' "««-»-&"
occupation j;o„e; pom^o^rportf^^RT"'''*"'^ '""
^^''onnng, polite Frenclunen •^3.-^"*?"" '' ^'"'^^tic,
t-crmans; fi„ry Castilia , ), ^J '"""^'""l^rturl'aUe
»««roos, mul^ttoer and ' .Trr™'' ^'.'-" J"v !
ovory shade uniting In tlieir^vah, ^J-' V."''""'-os of
teut,„u3 disposition all the evn ' f "?*».''»» «'«! pre.
costry with few inherited IT '^i-""'"' ^iverae an-
J»o,.ity of costu'^e ' and'lt T''""'; ^"^^ «""'
Broadway dandy with t ,,!,* / ,'^'""ito>ianco— the
""t; the western huntt^i^|.'' f'f ^""f > ""d tall
dress, and the loose butX^'sll-,/''' ,'"'''-''" '«"«I-
tl.e boat,„a„., pea-jacket ««/„""■;' "",'' «''^''«J boots;
can's blanket and so,n?L! ""r wester; the Mevi-
-onted with pist>iTtwi::i:;;l!'' ^'f'T'y "'™-
fiojn belt and shoulder. He„ i. ' "'"^ '.'"'•"^ «'"'«
a"<J bayonet, and yondir an an„l 1""" "''"' "">«kJt
con.pany organized for fiXT'f ' ''"^'^'"^ "^ «"»'o
■•ann trumpet tied to hist^k'^ i"^«°'''., with »"
"•■cs you ,„ay read of wit a,t^ f"f "] *«''• &«*-
'»«;nn,e„t and of gray t^of ,^1 ^ ""l^y '"■'>''>». of
;: honesty ,„dofyeS;t^f,r'^-f of b^^^^
^'^ui tile scene with fh^^.V i , ""^^^^y «nicers en.
-'.'' faces S^lowing tnder th^tfl'^""™-'! uniform ,
tbuigs of life. ' ""' *"■= ii'Huence of the good
';"^^i^ wife, alone in t]^t nl^T ''''' '^'^^'^' "^ newi;
^Just of distance yet unL / ! ^^ "T^'^'^'y ^i«">"t thi
-'^i cheeks blanS a^d h S T'',? ^^"^ "^^^^-t
f untned waters and t ds 1'^^^ " ^^ ^^""^'^^^^
tiieni from loved ones, perha ' I ^"'^ *^ '^I^^^-'-^^^
'-"--wthei;f-;-r„:x;r:L»ir::;t:f
13G
THE VOYAGE TO CALIFORNIA.
the soil of America or Australia, so that their dorni-
uaiit passion finds solace. Thus the conglomerate
and cosmopolitan character of the passengers give us
a foresight of what we may expect on reaching our
destination.
As the hour for departure approaches the confusion
increases. Loaded carriages drive hastily up to the
gang way, discharge their contents, and drive away,
The mails come down in heavy wagons and are taken
on hoard. Excited passengers rush hither and
thither, knocking against one another, looking after
lost baggage, hunting missing friends and searching
for their rooms. The wharves and shipping are
crowded to see us off. The cries of seamen and
porters mingle with the hoarse roar of steam; the
gong sounds for visitors to go ashore, hasty "good-
byes " and " God bless you " rise from full hearts and
fall from quivering lips; the captain mounts the
paddle-box, the gang-plank is drawn ashore, orders to
"cast off the hawser " and " turn ahead " are given, the
ponderous walking-beam moves, the paddle-wheels
turn, and promptly at twelve o clock, midst the cheers
of the gathered nmltitude, the waving of hats and
handkerchiefs, and the flashing of fun and fancy and
sentiment from upturned laughing and liquid faces,
the ship creeps from her berth, turns her back upon
the land hallowed by all the ties of birth and educa-
tion, and with her gun booming the last parting,
glides down the stream, winds through the forest of
shipping, past islands and grassy slopes beaming with
happy homes, and shoots out hito the ocean toward
that future of mystery and trembling expectation
which assumes shapes so fantastic in the minds of
those on board.
On our way down the bay, tickets were examined
in order to detect stowaways; three aspiring but
impecunious unfortunates were taken in custody and
shoved into the boat with the pilot when he left the
r AT SEA.
W
steamer at Sandy H™,k n„
■■enmrncd hidden unfil next d» ■ '° ^''"^''era an .'
Wearanco he was sot to work^^^"' '",' '"^kin,. h s
'"3 passage, Fonr„tt„„ i- '" ""o eoa] hunker^ f
"■ere sent baekTv f^" 'I'V «'"' f»rewell W,!''
»•"• ^'.ii. struck X u,i'''f' *''™ ^'"l- Ti a, a™:
waves of the Atlantic. ' " '"-'' <=""«« ""-oush the
"list as We \v<»rr>
unjjht prospects, glad to be nfP„ . *^'-' "'«l'in«ti<m ,:f
V'nturc; on the other mfn, i'' '"'«^'' *» niake the
«'»io with ruined hellthi''^ '"^"^"^^ "n" Mure
7- on na !';" r^i,!^^ '^'1 t '^'"8 f-* o^
<>r the wild( ^ ^t, 9, " »^o be back h^ k ;
'fought f,t,:|''S^^ta,»rt and smollffl
talked of the time to eon^ "^ ' w^'-'f!, S^upea and
«» insidious and subtle i„fl "'''-' *'"'s abstracted
"Pou the voyagere TK "^''."•^« appeared toS^f
™i;-gnated^vith"t,S^t'uidT^',"';? *° ""
'rum tile water throu<.h th? i r"' '' <^reenin,r „„
the pianks on which It j ^'"P^ '""'>ers, throm"?
a^ fl ^^P^^'^^' and we were « "^^."^ ^"'^ ^ay-
and the ocean. ^^'^^ ^^one with darkne^^
, ^f Jit shut us in wifl.
f osed us round witi w7v ^"^''•^ storm-clouds «r..l
188
THE VOYAGE TO CALIFORNIA.
OU3 wheels that beat them into foam, wheels striving
\\'ith the contending flood, on one side deep in water
and on the other vainly grasping at the rushing tide
below. The jcrkhigs now and then of the ship
betokened a rising sea. Ciijars and sentiment were
abandoned, for here was the beginning of a long unrest.
Neither sighings, nor the quickening heart-beat of
hope, neither the memories of loved ones left behind,
nor the brilliant aspirations of the future, nor even
the solonm thought of thus being brought into the
more immediate presence of my maker could prevent
the rising within my bosom of sensations foreign to
meditation. I tried to appear indifferent ; as the evil
increased I attempted even to smile, but it was a
ghastly business.
As the wind grew boisterous, and the motion of
the vessel more palpably uneven, all on board, sav e
the favored few who had neither conscience nor
stomach, souffht retirement. Some thouijht to brave
down the unbidden rising within by moving briskly
about and nibbling a cracker instead of eating supper
and going to bed. "You can walk it off," they said,
"do not give up to it." I noticed, now and then, that
these would suddenly disappear, and when next seen
i:i their dotcrmhied perambulations, they looked paler
and not altogether happy. Some sat down to table
and with affected nonchalance and flourish of knife
and fork ,and pronounced orders for food, courageously
began to eat; but soon a cloud overspread their
fjatures, a careworn expression as of some internal
trouble, until at last sickness overct)ming sensitive-
ness, one person after another would rise hastily
from tlie table, clasp one hand on his mouth and the
other on his waistcoat, dart for the door, make for
the guards, and there unbosom his burdened breast
to the fislies. Indeed, my own food was as restless
within me as was Poseidon in the bowels of his
father Cnmos.
Few remained on deck that night to witness the
■ SEA-SICKNESS.
139
Ithe
glories of the setting sun ; the stars were sought be-
low, the via lactea streamed over the ship's sides, and
tlie study of Neptune's palace under the sea appeared
far more fascinating than the study of Orion and the
Pleiades.
Sea-sickness is a great leveller. It prostrates pride,
purges man of his conceit, makes him humble as a
little child; it is specially conducive to repentance and
after repentance to resignation. I know of nothing,
after the first fear of death has passed away, that
makes one so ready to die. A great wave places its
back under the ship and lifts you up, up, hito the very
clouds ; then it stands from under and you go down,
down, with a tickling sensation within, until you stop
your breath waiting for the vessel to strike upon the
bottom of the sea. Then comes a mhigled pitching
and rolling, when the innermost loses cohesion, oscil-
lates, rotates and upheaves, when the foundations of
the great deep are broken up within you, when the
strong man bows himself as it were a woman grinding
at a mill, and the mourners go about the cabin like
apocal^'ptic angels, wailing as they pour their vials
out ; and by this unrest and the revels of devils with-
in, the image of God is degraded into that of a self-
acting hydraulic pump. The mind becomes concerned,
tlic brow overcast; it is like clapping on the head a
hope-extinguisher, Jind squeezing the body at once of
every rest and comfort flesh aspiros to ; as if the iimer
lining of the man were rolled up and wrung out down
to the very dregs of gall and bittenu'ss. Then the
body assumes a doubling posture, the s|)inal colunm
becomes flaccid and linipy, the victim is filled with a
desire to sink to the floor or lie prostrate; nuinliood
oozes out at the fingers' ends, and Cuisar becomes like
a sick girl.
And all the while those who escape these miseries
regard this agony as ludicrous in the extreme.
It is a capital joke to see the 8tn>ng man brought low,
to hear him swear and storm at every thing and every
THE VOYAGE TO CALIFORNIA.
body with impotent fury in the intervals between his
retching fits ; to see the pale despairing women strewed
about the cabin, on carpet, chairs and sofas, attended
by the stewardess with her gruel bowls, and fizzing
powders, and lemons, and toast and tea ; to hear all
day the groans and moans and gurgling laments in
every quarter, to have the night made hideous by the
loud alarms of bowel- wrench ings and belchinos that
might awaken the seven sleepers; and then to see the
tables deserted and the quandary of those who try to
determine which is least difficult, to keep in bed, to
dress, or to eat — all this is very amusing to those happy
souls who pet and plume themselves because they are
not subject to such horrible sensations, or compelled
to assist at such unpleasing scenes.
This rocking sensation has somethingr strange in it ;
it affects different persons so differently. Some it
drives well-nigh mad, with sensations akin to those of
the novice in gambling who loses his last half-dollar
at monte, giving its victim, if not death, resignation
to it ; others it sends off into peaceful and long con-
tinued sleep bestowing rest and contentment ; others
not only are not sea-sick but are made hilarious by it.
These latter, as they pass from room to room and see
the wan, woe-begotten faces of the vomiters, become
extremely satisfied with themselves. " Oh 1 no, I am
never sick," says Jenkins, "I like it, it agrees with
me; I really enjoy it, my appetite is never better than
when it is a little breezy ; only one other beside the
captain and myself at the table; roast du".k, tough as
ox-hide " — and so he rattled his nauseous boasts to
the infinite disgust of prostrate listeners.
And as in the sensitive breast there is usually a sense
of weakness and shame attending this evil, so it is held
by a certain class a cardinal virtue to escape it. Noth-
ing so inspires a man with a good opinion of himself
and his internal belongings as to be able to smoke and
whistle and carry an undaunted front when the heads
of his comrades are horizontally inclined, and their
THE BILLOWY SEA.
141
bosoms heaving with the heaving sea ; or when they
are seized with a sudden interest in the study of ich-
thyology, and strain their eyes in untimely peering
into the troubled waters. It makes a man glad to
see his companions sea-sick ; it makes him rejoice in
his superiority, to delight in their woe; he laughs
that he is better than they. Then the shame of it to
the miserables who suffer. Of all who remained cab-
ined and berthed for the two days succeeding our de-
parture, few could be found who had been sea-sick at
all. Some had had a headache, others were fatigued
and needed rest ; some were not hungry, and then it
was too much trouble to dress. Of all maladies, the
one for which its victims are least to blame, they ap-
pear the most ashamed of, while colds and fevers
i3rought on by foolish indiscretions are unblushingly
acknowledged.
Many have made sea- voyages who suffered severel j'
at first, but afterward very little ; although they
could still be seasick in rough weather, they knew
better how to take care of themselves. There
appears to be no universal remedy for this hateful
and hated nausea; some find relief in iced champagne,
others in brandy, soda-water, tea, gruel, codfish, or
fruit. Much depends upon the state of the system,
and no two are to be treated exactly alike. In some
individual cases, the secret is to find that place and po-
sition where one can be most at rest. Few ever suc-
ceed in combating the evil, being always forced to yield
vanquished. Hence it is on going to sea, the first
thing to do is to arrange one's room and effects sotliat
one may be prepared for it ; as a certain nobleman used
deliberately to make ready his bed before getting
drunk. On this steamer my berth was near the
hatchway, and at times the sun poured in upon me
the full volume of his rays, which with the motion of
the ship, long fasting, and a compound of villainous
smells ranker than Falstatf found in Mrs Ford s linen,
niado me almost wild with fever and suffocation.
142
THE VOYAGE TO CALIFORNIA.
Then, with Gonzalo, would I have given a thousand
furlongs of sea for an acre of barren ground. I would
have given my chance of heaven, to say nothing of
California, to have been out of it, anywhere but there.
This is why middle-aged and elderly men endure the
hardships of a voyage to California better than young
men and boys, their physique is more fixed, their
minds more evenly balanced, and they know better
how to make themselves comfortable. My father
informs me that on his passage from Panamh,, many
young men died of the Isthmus fever, but not a single
person over forty years of age was ill with any disease.
The next day the sea was higher, but the morning
after it was evidently growing quieter. Following
the throes of sickness comes a mental exaltation, giv-
ing birth to new thoughts. Never have I felt my brain
so active as while lying bracing myself in my berth
for days, until my bones ached, and during which
time I would be up only long enough to rush to the
table for my meals, and rush back again to keep the
uneasy food quiet. Thus dull intellects are whetted
into keenness by the asperities of the journey, and so
made ready to cut their way through the difficulties
awaiting them. Moreover, this malady is the best
cure in the world for love-sickness, as I have noticed
in the pensive youth who had left his inamorata be-
hind, and in solitary young women going to Califor-
nia to be married. Indeed, upon the homoepathic
hypothesis that similia simiUhns curantur, this malady
is likewise an antidote for bankruptcy, conjugal infi-
delity, or any ill flesh is heir too. The heart and the
stomach cannot both exercise the mastery at the same
time. Overwhelmed at the beginning of the voyage
with the merciless fate that crucified all fond endear-
ments, and indifferent to terrestrial affairs; as the
rising wind grows stronger, and the rolling waves
mount higher, slowly the dominator lifts passion from
the seat of the affections, and places it just below,
where it plays havoc with the organs of supply.
PASSENGER ROUTINE.
^5^.?^^-s±fr:?--/-;:
'ere fancy " shf „ "t .''^ ''"■<^«' of )"■■'• will
an-j take it for /ra^?ed T'"^' "'"' «>« otheCsiek
the hdy went to sea W)" 4.°"' ^"^ "■" Aftei^vard
small voice within 1170. • f ™' whether the still
never aftenvai 1 di/!?, T"*' «'>e did not sa • but
-a-sicknoss could be btXr' " '"''-*' 'ttt
■'^t ]ast the PfrrittTr •
Pa e, gaunt forma crawlilf t '?S,?" dissolution
ordered rooms and eyleac T""^ ^'^^'^ a'"! di"-
as hey first attempt ^o use th.' T' /'"^Sering about
and rail ngs, finally settlhl? d ™ ?1' ^'■'"'P"'g I'ost"
■n ';'gi.:back easyrchars Sid nTV" '?"=""' I™'"?"''
of feeding arise • Bn-ToTv °" l-enches. Thc...^l,(=
^^ble fill ^p. ^|(fitr;'tu™^T^ ^'"";^' and sS a
degre^e of amiability ThT "1 •?"*'*" ""»es soine
eheerful look as tlL 2uJ^'^"i faces put o "a
n;anifcstii,„ their coTyatSfeT ''°'''' the' female^
ll^';'--, odete, and in theTresse^Vtr •™'' .""«'-^^t
"-'nder these auspices if „„t ^ ' their neiVJibori
go«i conduct pre™[ls ""* ^"""""y- «t least |™e5
*';H wrh1:^i-^,P-f^^ begin. Taki„,y„„
of the purser, the civil cnnL 1 '^'"'"'' t" the , ffice
"ays a civil man tou '"" "'a"dant, though not al
"-hose number deL.Cte' ™ '"' '* " "''^'« eheck
Notables and favofi'es '^1 ''f '''"• "'^ vo'a'e
tat'^fterrrrbtr^^^^^^^^
:^ them.'%3idXtr': ^r'-feio" •
managed upon the mo^t dem ''^Pta'" » table, all is
table is usuLuy ilj JZlfZJ'^^"' P''""^¥<s. The
always. Table ticket's'^^.tti """'•/''"""'' ""t
t" en to prevent a scramble
141
THE VOYAGE TO CALIFORNIA.
for place, which, before the seats are allotted, some-
times rises to a downrisrht fijjht whenever the bell
rings. I never saw the Darwinian theory more aptly
illustrated than before these table tickets were given
out ; in a voyage to California, the survival of the fit-
test was a foregone conclusion. At meal time partic-
ularly the animal was let loose ; the strong prevailed,
and <jbtained a seat at table, while the weak, or such
as did not choose to exercise their strength if they had
it, waited, and took what was left.
As the strong man fed, he lapsed into a state of
semi-unconsciousness ; his manners were unstudied,
and his abandon perfect. He could sweep the dishes
of their contents, far as the arm could reach, quicker
than a prairie fire sweeps the ground of grass. The
movements of a starved dog over the cat's saucer of
milk were slow as compared with his movements. He
appeared wholly unaware of the presence of women
and children who likewise were hungry for food,
thoujjh I have seen females who could fiy:ht for their
survival with the best of the men. When his hunger
was satisfied, he came to himself, gazed wistfully
about, picked his teeth with his pocket-knife, and
slowly retired.
Steamers for the Californian passenger trade were
usually built with three or four decks ; they were at
this time all side-wheel and carried small masts.
Sails were sometimes spread, though little depended
upon them in navigating the ship. The larger ves-
sels employed from seventy-five to one hundred men,
officers, seamen, and servants. Of all the employes
the firemen were the greatest suiferers ; working be-
fore a hot furnace down in the hold, they were fre-
quently so overcome of heat that they had to be
packed in ice to cool them off. On the upper deck,
above the ship's hull, was a double row of state-rooms,
with ample space between them and the guards for
sittinjx and walking, and for the manaojement of the
ship. On this deck, forward, were also the pilot-
coNSKircTroN op ship.
^ouse. and the r ^'^^
"«« were ap e^ -,^1^ ""' ''^^''' ^"-^ and ir» '"
oarcb^:^ e" tlfe";'f, ^'o™' "^"d also flT*-^ '>"""
loom, the l,»;i ™ "ffi<:ers' romn« «l' ^° *ere
{,'alle; Bett'':f'?»P. bar, buteherTU " ""S'^^er's
atr^£e\ ^^^'^^ZtP^^^
•'ftbe Seal. ' ''i^"' "f f'e sS thi^?'"'*^"" ''ad
»f the S.?i •"• "'«r took the r ;,;,? ^"'^ ^ *ose
passe„,?e;'™b ^"""g before or aZti" i''" ^'"''"
^« .>'as usually ,S'f ^ ""S'^'x^or adoct I'^i
Notice wa<s r.«„*; "Either competonf ». ^^wr, but
^^ickens, turkevfi ^«"iesin
-.»V.r„n^^-^-e, duck, eheep, swine, and
146
THE VOYAGE TO CALIFORXIA,
cattle were carried on board, and butchered as re-
quired. Meals were kept going in the saloon nearly
all the time, as when the ship was crowded three or
four tables were set for each meal, so that breakfast
crowded on luncheon, and luncheon on dinner. On
tliis trip there were nine tables in all, but I have fre-
quentl}'^ seen the tables all laid twelve times each day.
The steerage passengers were treated more like beasts
than human beings; to the shipowners they were but
so much freight, to be carried at so much a head.
Their sufferings, and whether they lived or died, were
matters oi' their own. They were bedded like swine,
and fed like swine. Instead of a trough, a broad,
board shelf was suspended from the ceiling, which
served as a table, greasy and clothless, furnished wltli
tin plates and cups, and pewter spoons, and on which
were placed huge pans or kettles of food, stews, beans,
and the like. Droves, one after another, were let in
thr<jugh a gate, and after they had fed a while they
were driven out by their sooty overseers.
Out of the regions of ice and snow, out of boist t-
ous waves and cold stinging air, we pass Cape Hat-
teras, and dropping down the Florida coast and across
the gulf stream, sail into an unruffled sea, into the
soft, southern, aromatic air, down into the seaweeds,
and through the haunts of nautilus, and flying fish,
which in their attempts to scale the ship often drop
upon the deck; down among the ever-green isles
where were enacted the initial tragedies of Ameri-
can race-extermination. Spring succeeds winter and
summer spring. The polestar pales behind us. The
air first softens, then grows languid, and finally pul-
sates with heat. Flannels and heavy clothing are laid
aside ; clean calico dresses and summer bonnets take
the place of woolen gowns and hoods, and the experi-
enced male travellers sport their white pantaloons,
linen coats, and straw hats. Out under a burning
sun, and into hot sea-breezes, and from shivering in
«>'VN mro THE TROWC&
^urs and over^nn^^ W
oner<.y wifi *^'^'T^ves about tht J ^ ^^'^'^ ^^f^ins
"J'in; m.-n.l „ , "^ern frosts arp .n u , ^o'^Jiern
"nnui steal ov° r Z , ""^ ^^'^''"n k ;,-,* ' 7"" ?
"'^■■■y IH.ro an.l stand/- "'"^ ' P'^'^Pi'^ «'« 1%'''"'
•^■"■p, np fl,„^, ^g. ?'«'s ,, gr,,at beads uLuT "
rfiaracter. *"<' """"t the true STnf ,',""■"
f oloss toV to ouT l^r "Sers are verv „„• . •
iinc. wave 'r!'"''?* °" b'«rd B ,' *''f ™«'<"l teL.
« ).el«rah,"!''"'^*''<'™fce"ftheer''"'? "'« '"■'^t-
lerth nr ""oets, some restlos>i fi.li . "etwoon the
"">'>th,Zl,r'"'r"' '""•«>• jaw a„h ""*'•• At
cursed ih^,» i '^"en those of ^i • 'i'^"' wie beef
Here :»S e^lr""^' "'^'"■"«
us
THE VOYAGE TO CALIFORNIA.
l^
tlic ship. Rushing in where angels fear to tread, into
the august presence of omnipotence itself, he boldly
addresses the Thunderer, the captain of the craft,
who if he happens to be occupied gives in return a
dciep-toned curse and a shove which sends the appli-
cant headlong elsewhere for information. Nothing
daunted, but a little more wary in the future, before
he leaves the ship he knows the difference between
bow and stern, and lee and wcatherside, learns to
count time by the bells, and to play seven-up for the
drinks.
I noticed, after we were fairly out at sea, a certain
habitual sarcastic expression on the face of many,
particularly those of the ruder sort, as if the wearer
wished to cover his sense of inferiority. Such are
tlie men, who, seasoned by experience, and having in
reality gained a better opinion of themselves, but
making less show of it, on their return from California
fall victims to professional pickpockets, who regularly
plied their trade between New York and Aspinwall,
endeavoring to win the confidence of returning Cali-
fornians so as to fleece them on going ashore. Some
there were on this trip out who had been to California
before, men of slow demeanor, with slouched hat and
slouched gait, of free and easy speech, and comfortable
carriage, and self-satisfied countenance, red-shirted,
perhaps, as they were proud of the distinction, and
these wfere looked up to as superior beings by all
raw recruits. Some sat the livelong day gazing list-
lessly on the water, or staring stupidly at their fel-
lows ; others restlessly wandered about with a sharp
anxious inquiring look; some set themselves up as
sailors and talked knowingly of ships, others discussed
politics, religion, and monetary affairs, and many had
much to say of the land and people to which they
were going. Among them you might readily point
out the chronic talker, the chronic listener, and the
chronic laugher, which latter with his asinine guffaw
at every silly repartee was the most disgusting of all.
'M
■} ii
\, ■ STEAMSHIP LIFE.
■SU'^i^fti" ? "'ff je^ ^^' ''^' v^:
< "ty. felt that il''^^"''«olf to be ?„ {? *'''' ""'»-
"i'l't thing rL7'J°'»S the faajtif«P>th "f
Stoaiiishin JjY '
''"'ineas bt tS :i'^--K-s, tl..^ tZl^ «"m.-
"OSS and chnmirj?. ^"«'aljfanL'rf.n» I '■'"""'■e
hf^^tvveon Ln.'" '''sten.ner ffi ™''' '"s^ morose-
™yarrrr'^''''d dullness fe '\'' ''•f^^'^nc,:
"vx.n.o,n/oS„r"''^r P'-'-»n need " ''''•^' "««'' '^
rati, some ThU^f^'^- ^"">^ «tudv s„ "'"I'' ''""''I
''»ck-gamm.«, , "''"'<'• '"'h'X or s^^uff"""*''. some
""dn^tafew^i^"', -rite '"'te^ 0"'^' <'^«-' or
"''o whose Wn "^ *"> ^"vacre is 1,1 >'' * J°«™al,
".deal is :,-ofcr r^ W^un , l S"f,P°Hunit,.
'""o has ended l ^l"^^'" "^ GauJ 1^7 *''" "'■™nie
f those :hot;ttr^"n'« '» '»- l: '1^ ••"
""""ont Which t u'' ,«'"-onometcrL*;r'^'">««»;
'""•"te'' sta'g^,*'""^ ''"■ng their a„ge, t^r"'*'
^"unle mo,r if "'s' -nere and f h«« ^ ^° *"e an-
''- 'houX'tirr '"^^ '■" «-h s t!T'^ "'-"id
f«nark and li- .'*'"'" «""nd her w«ti-",^<'«'J "Pon
^-odo-nwhonoWS^-f^-V
150
THE VOYAGK TO CALIFORNIA.
tlieir hate, and manifest no more delicacy in disclosing
their mutual infelicities. Home-sickness, oftener felt
than spoken, sometimes overtakes unfled<^cd wanderers.
On this voyage, just as we were passing the Bahama
islands, one man was so overcome that he could not
repress his tears as he begged the captain to put him
on board the first returning ship. •' I acted hastily,"
he cried, " I did wrong in leaving wife and children.
But I will make amends; let me return and work for
them till I die." In time, this man, who was a poor me-
chanic, became reconciled; but I could not help think-
ing how many hearts had throbbed well-nigh to
bursting with secret regrets.
The fifth day out was Sunday, when the Episcopal
service was read by the purser. Sabbath is never
Sabbath again after spending one on a California
steamer. The sacred charm is broken, the hallowed
influence of the day forever gone, placed among the
tilings that were, only to be called up in the mcmor}',
and pondered over, and wondered at. Here Sunday
is nmch like other days ; there is little to remind one
of the deep celestial quiet of the home Sabbath.
There was a little less card-playing and novel read-
ing ; now and then a bible or a prayer-book might be
seen, and sacred hynms supplied the place of negro
melodies. But home pictures would appear painted
on the imagination deeper and stronger than on other
days. Evening songs fell on hearts tuned to the old
familiar strains, sending tears to the eyes of many a
listener. Many there were in body rocked on tlic
Atlantic that in spirit were back by the old fireside.
The Loud laugh fell on the ear, but the heart heard
only the chiming of the village bells ; the merry jest
wei)t round, but ere it fell it turned to a precept pro-
nounced by the familiar voice from the old churcli
pulpit; the rippling of water was but the murmurs of
mother and brother talking of the absent one. Con-
science draws fine lines sometimes ; there was one man
who would not take a hand at cards because it was
HABANA.
151
Sunday, but he did not mind risking a dollar on the
game.
Came in sight late that niglit, or, ratlicr early tlio
nc xt morning, the fair island of Cuba. I dressed my-
self and went out. It was a magnificent moonliglit
night and the sea was smooth as glass. There was a
soft troj)ical haze in the atmosphere, and as, on our
approach, the mountains of the interior assumed form,
and the green hills, and white beach, and coral reefs
— almost buried in foliage-— the waving palms of the
hill-toi)S and the orange groves nestling in quiet val-
leys were more plainly distinguished, the view pre-
sented was ravisliJiu' in the extreme. Arrived off
Habana an hour before daylight, we came to a stoj)
and lay too under the guns of the Moro Castle, where
we were obliged to wait until sunrise before entering
the harbor, such being the rule. Then, just as the
sun lifted its warm tints above the horizon, scattering
the sky -painted imagery that forecast the dawn, we
turned round the daik bluff, under the frowning battle-
ments of the fortress, ij;un answering gun in courteous
salute, while far ovci tJu. sea swept the morning nmsic
fi\)m the fort, like blasts of the archangel sounding
the opening of a new world. As we slowly steamed
up the chaniiel, on tlie right of which lay the city,
with its terraced houses of many colors, blue, yellow,
and red, its quaint cathedral ])iles and glittering sjurcs,
our course was arrested by pompous health and cus-
toms officers, wlu), after performing their duties to their
dignified satlsfacti<m, allowed us to proceed. We soon
came to anchor before the city, and the passengers
were permitted to land.
Pygmalion's statue was no more lost in won-
derment than was I. To my inexperienced gaze all
was as marvelous as if I had been lifted from another
world and put down upon this spot. There was the
voluptuous morning sun rolling in an aerial sea of
crimson flanked by silver-burnished clouds ; the wanton
air pla}ing with the feathered palms, and breathing
152
THE VOYAGE TO CALIFORNIA.
tlie perfumed incense of orange groves ; and here a
wonderful city glittering beside a glassy sea, a city
famous for its cigars, its fountains, its magnificent
opera house and mosaic mirrored counting house, its
narrow streets and broad shaded carriage-way and
Isabel Segunde promenade, its grand plaza, cafes and
brilliant gas lights, its moonlight music, and gay
military officers, and dark-eyed senoritas, and its two-
wheeled volantes — the hansom cab of London and
the gondola of Venice — drawn by a small, scrawny
horse, harnessed to the ends of tM'o long poles ten
feet and over from the vehicle. The tail of the ani-
mal is braided so as to leave it at the mercy of tor-
menting flies, and besides drawing the gig with its
freiglit of fat Cubans or fair senoritas, the poor beast
must carry a driver with large jingling spurs and
heavy club. If iii.<re than one beast is attached to a
volante, the horses are usually driven tandem.
To the the bishop's garden, the pofiular drive,
most of our passengers went for the day — past villas
and chateaus buried in blooming foliage, through
avenues bordered by hedges of roses, and shaded by
orange-trees bending beneath their golden fruit. At
night wo listened to the band playing in the plaza,
and watched the half-veiled senoritas, and sombre
looking men and smoking women and naked boys,
moving noisily about beneath the shrubbery and
under the glowing moon which, mirrored on the
glassy water of the harbor, made it shine like a sea
of silver. Siempre fiel isla de Cuba; la'loya mas
brilliante en la carona d' Espana — heaven be with
thee, as thou in my youthful fancy appeared almost
like heaven.
The passengers, baggage, mails, and freight of the
George Law were here transferred to the steamer
Georgia, and day and evening were consumed in the
operation. At length, worn out by unaccustomed
fatigue, tired even of a tropical paradise, we shoul-
dered a quantity of cigars which we had purchased
KINGSTON.
158
and went on board — settling the export duties, under
direction of the seller, by givhig a half dollar to the
official stationed on board, who pocketed it amidst
vehemently gesticulated protestations, which I took
to be a sort of mock battle between conscience and
duty ; or it may be he deemed the bribe insufficient to
satisfy virtue so august. Leaving him to reconcile
matters as best he might I hurried to bed, and wlien
I awoke in the morning the lovely isle had vanished
like a dream, and we were far on our way toward
Jamaica, that is to say, the Land of Wood and
Water.
Kingston, where we touched for coals, should be
the black man's paradise. A negro pilot pretended
to guide our vessel into the harbor, a negro })ort-
master pompously manipulated the mails, black shop-
keepers importuned passers by, black hackmen
clamored for a fare, black prostitutes smiled for cus-
tomers, black fruit-vendeis and parrot-sellers crowded
tlie avenues leading from the wharf, dashinij: black
dandies flourished their white-headed canes, squads of
olack sokliers swelled hi the Britisher's red coat, the
regimental band which played in the park was con>-
puscfl of some fifty fine performers — black ; black
women, about fifty in number, some of them young
girls, did the coaling, carrying on their heads a tub or
lialf barrel holding sixty pounds of coals, marohii»g
up and down the gang-plank with ease and alacrity,
jiccompanying their ap[>arently laborious duty with
loud laughter, song, and dancing, while the men sat
l)y and smoked and smiled approval. Swarms of
polished ebony bipeds, male and female, perambulated
the streets, smoking their long cigars, and fomiliarly
(lacking their rude jokes with the passengers. Kace
<listinctioQ, if there be any but such as is merely phy-
sical, seems to be here reversed, the white man, as a
<lass, occupying about tlie position of the black man
ill other parts. Literally, a white man here is as
164
THE VOYAGE TO CALIFORNIA.
good as a black one so long as he behaves himself.
Colored freeholders received the elective franchise as
early as 1830; after 1838 they could sit in the local
legislature, by which qualification 1853 saw one black
man in the council and fifteen in the assembly. Judg-
ing from the muscle on arm and leg, and the loads
the women carry on their heads, this West India
climate agrees with the African.
Putting to sea, in three days thereafter we an-
chored before the ruins of the old fort of San Lo-
renzo conunanding the entrance to Chagres river.
CHAPTER VII.
THE VOYAGE TO CALIFORNIA,— ISTHMUS OF PANAMi.
What deein'd tliey of the future or the past t
The pretient, like a tyrant, held them fast.
— Byrotu
The isthmus of Panamd, or, as it was anciently
called, Darien, must ever coininand the interest of the
civilized world. Aside from the charm which history
tlirows over this region, as the bar which baffled the
last attempt of the great admiral to find a passage to
India, as the point where were planted the first perma-
nent Spanish settlements on the North American conti-
nent, as the window of the bi-continental Cordilleras
wliich, opened by the hand of Vasco Nuiicz de Balboa,
lot in from the great South Sea a flood of light illumi-
nating well nigh to blindness all Europe, as the initial
point to many a marauding expedition, as the scene
of divers piratical attacks, and local revolutions, — I
say aside from historic associations, this narrow strip
of earth must ever be rcijardod with attention bv all
tlie nations of the world, presenting, as it does, the
smallest impediment to inter-oceanic communication
and an uninterrupted patliM'ay from Europe to Asia,
saiUng to the westward. Said Walter llaleigh to
Klizal)eth, "Seize the isthmus of Darien, and y<ui will
wrest the keys of the world from Spain." Here tlie
continent was first spanned by iron, and here is being
duj^ the first inter-oeeanlc canal.
At the beginning of the new traffic arislnj; from
tlie discovery of gold in California, thi; natives of the
Isthmus were civil, inoffensive, and obliging. This
(155)
156
THE VOYAGE TO CALIFORNIA.
state of tilings was quickly changed, however. It
was a new experience for tlieni, this contact with
Anglo- Americans of the ruder sort, strong, shrewd,
and overbearing, too often impudent and insulting,
too many of them unprincipled, with a sprinkling of
unmitigated rascality. The mild and ignorant tropi-
cal man shrank from them at first, then grew sullen
and suspicious, and finally fell to cheating in return,
though never able in this last accomplishment to
equal his bright exemplar.
Two pilgrims landing at Chagres from the steam-
ship Isthmus, in January 1849, the Quaker City then
lying in the harbor, hired bongos for themselves and
baggage, proceeded up the river to the head of navi-
gation, then transferred their belongings to the backs
of mules, riding one between them, alternately, and
so proceeded to Pananid. This was then tl e usual
way. The steamer California was there, having just
come round Cape Horn, and having on board some
sixty passengers from Valparaiso.
There was quite a panic among the travellers, sev-
eral thousands of wlu^m were collected there, waiting
f;»r an opportunity to proceed to San Francisco by any
conveyance whatever. There was much inqjrudence
anion ,»• them. The excessive use of intoxicating ]i(juors,
eating tropical fruits to which they were unaccustomed,
.and heavy rainfalls, contributed to develop sickness
among them. It was difiicult to obtain accomnioda-
tlons; people were crowded, and many died from
cholera and fever. Many of the persons on the Isth-
mus at the time had tickets only to that point, and
tickets from there to San Francisco, for deck passage,
were sold as high as six hundred dollars. The steam-
ers could not furnish accommodations for so many
pi^rsons. The steamship company allowed a certain
number of tickets to be drawn, but there was imuli
trickery in this. In order that there mi'jlit be fair
play, some of the outsiders were called in; but gam-
blers and other improper persons having been selected.
ON THE ISTHMUS
t .at scourge, and .TZ,'^! *^, J°™«' «ere victims "
tl.e whole black ropulaS of rr*?' «"'' ""»» n^-Tly
In tlieooures of time amX'tTv^' '*/*"'' "■"" '851.
ation of passengers fro ',1 fA"'"' '^"" *''« transij
but the above data 1^1,1"^'""""^ «""•" provided
vevan idea of ItlXe 6.T^T" ''^^^ ™. tn-'
|.-.W by way of the IstLuTh^l"^ f*"*" ^"'""""'ia
-i«-ay, commenced in isro^t^nferlru!
P""l>any due encoural^efe; '"'' '" "'^""^ *''«
I'o travel ed over an,l ;„.,ii .•""*«' seven ni es niu<if
•" t'.e „te of 7;:^^ ::f joii"*; a" '^T'"' '■"^ "- -"■
*'"ger crossing the Is Ln !. ""'''' "" every pas
«« given to Ugh f ,eh«r ,, r"-'"'*^'- ^o LdZ
"r three leagues easter v to P ' ^'''Tf'' »''«"«« t«o
™.lled Aspinwall, the n^„*e a^d™,' "' ^^'T S', then
"»»i being thrust aside for tl5''^V"'^ 'I'" «>■«* "d-
"'»ney magnate. However t.'n"'^ " ^''»' York
"'«afewyea,«afterresS TI,"''' ""r "^ ^^olon
"n.l r,Kle ever the seven mlh., J 7" '''^^'nl'arked,
'"g for the same quite ti ?,f ''"'npleted work, na,
;;'«ed to engage\r i\,Mi;rtlr"rr '^^•^^-
«' ich we could as easily anH, i 9"'S''''' ""•■■.
'"■^"■e as afterward ^ "^ "^'"^Pb' liave done
''vvrfi„t/t7;r;^^^^^^^^^^^^
>"l"al and unique ; a feat^"l;.^' altogether indi-
-^- wlideinclV:jlS«ra!c:rthrS ^
'ff
158
THE VOYAGE TO CALIFORNIA.
ever changing scener}- which affords the observer con-
stant dehght, as the journey is now made.
Chagres at this time was a town of about seven
hundred native inhabitants, dwelling in some fifty
windowless, bamboo huts, with thatched, palm-leaf
roofs, and having open entrances, and the bare ground
for a floor. The town was surrounded by heaps of
filthy offal, and greasy, stagnant pools bordered with
i)lue mud. It is situated on a small but exceedingly
picturesque and almost land-locked bay, well nigh
l)uried bv the foliage that skirts its banks and rolls
off in billowy emerald toward the hills beyond. Be-
tween the shore and mountains stretch away for miles
in every direction broad, open savannahs, cut into
firms, covered with chaparral, and stocked with cattle.
Wh< re the river and ocean meet rises a bold bluff,
( rowned by the castle of San Lorenzo, whose ruined
f )rtre.ss and batthnncnts, gnawed to a skeleton bv the
toetli of time, gaze mournfully out upon the sea which
lashes its waves against its steep foundations, as if
determined to uproot in all these inhospitable parts
the last vestige of the olden time. Fallen to the
bottom of the clifll* were parapet and guns ; screaming
SL\a-birds occupied the crumbling, moss-covered watch-
tower ; while within the dismounted cannon, bearing,
with the royal arms of Spain, the date of 1745, were
slowlv chanixinsr into rust. Ilenmants of the old paved
road which ascends the hill were there, and the draw-
bridge over the moat — once wide and deep, but now
rank with vegetation — leading to the main gateway ;
likewise the drawbridije to the citadel on the verjje of
t!ie cliff, whence a charming view of sea and land may
be had. At Chagres, passengers were accustomed to
stay no longer than sufficed to engage boats and start
on their journey. This region is specially noted for
the insalubrity of its climate.
Asjnnwall, or Navy bay, where the first blow upon
the railway was struck, occupies a small swampy nmd-
reef called Manzanilla island, fringed with mangrove
COLON.
beasts and n„i^„„U3 inseots ' '' ""'^ "-^ ^^'Pt"-',
%. anXea'S rt^''^^"'^- -'-' Nav,
seems to ,„o l.arcllv nr 2l,I l""T^'' C"l"n. Tl,is
"f ">e early voya^Z^^^t a„v" "'^'''•^' '''"-■ '-' «
event ; and in the next «?,.„ fi ^ '"™'""' "f ™el, an
'"'vo found many"ZLmZ'\«"'^^ ad.niral coul
»"* timn this tJZvCZa "^^S-^ud "»P'-rt
'le Bastidas or Columb,^ f , ^''«ther Kodri,,,,
r-d;^ do not .state Kfi;;?^''::';' ?'."'«.«, th.Iir
"f tiiat famous place it will? *""? '""*""' '"akes
adventures of Die?r'dp K- '^ ^'-ombered, s in the
;^'«?- A relativJof twrS ™"p*'"'^«^''--i-
bavn,g eonnnand of anXr Zn *[' '^"f'" ^y '""'■'••
^■euosa sailed, and beeoVni^iltlf ''/.'''"' "' "''"''I
"amier in a storm, wr/orL 1^*"' '^"'" ''» ™'"-
^,arl,„r his worn,-eaten II n aT H ''^ T'"'"S '"'", to
Cl.agres, so called b the Lt' ;"""*'' "^ «'o river
I'o nmltitudes of ^La f.rs tw"; ''""" ,^^'''^''' f--""
Aspniwall, with its hvl.rll^^M?" "'"' '»«•" "f
'"terseeting stajfna ,t^n " I' T 'T T' f*''^"-^^'" "^
''«'aymg vegetation reek 1 t.t-r'' "^ ""'»« «»<!
omwhng reptiles, oiver „ve? r"""""' ""^ «'ith
"f 'ler creations, man L, "^ ""*'"•« *" the vilest
'™ in. or ,.th;r to die TS T'^"-^ " l''-« '-f ^
I'lan.Iy written on the face f l"'™"'""'e death is
"ant. Tmvel the world over 7"F ^'"•"''^•"" i"''«l-
'"V find son,ething he ter than i T "7'^' f''-^" v„u
I'laec. Sear<-hinL' for thJ • '? """"' '» a»v other
--'I' o«elled, w^Vu,;,* rinTe?"-' "' ",'"<■'' ^sp.' !
eaimot be anywhere surpassedw, "■■'"" ^'"'''' «■'"<■''
'^^""lla island may h«.Tthe fi "f '^^''e"- Man-
j'''!";:*- Originalfy aw,,,," ^Cf """•^'^^ "" *''e
I^U'ldings were below thJtvel of ,'^""«'«"™'« "f the
itvilof the ocean, and dry
160
THE VOYAGE TO CALIFORNIA.
land was made by filling in as occasion required. The
result in this soft soil of filth and vegetable putridity
may be imagined. The very groun:! on which one
trod was pregnant with disease, and death was dis-
tilled in every breath of air. The rain-fall at Aspin-
wall is very heavy. During the rainy season, which is
from May to January, the windows of heaven are
opened, and in October and November there is a
quick succession of deluges. Glued furniture falls In
pieces ; leather moulds, and iron oxidizes in twenty-
four hours.
Quite a contrast between the old and the new I In
making the transit by rail, the day before reaching
Aspinwall every one descended into the hold of the
steamer, either in person or by proxy, selected his
baggage, had it weighed and cheeked, and paid ten
cents a pound for all over fifty pounds if a holder of
p steerage ticket, and all over one hundred pounds if
a holder of a cabin ticket. Baggage was then trans-
ferred to the steamer on the other side witiiout fur-
ther trouble to the owner. No sooner was the pjank
out than the closely penned passengers, with a rush,
squeezed and stampeded — the American style of dis-
embarking — hastened ashore, scattered themselves
among the hotels, shops, and fruit venders, and were
soon lost in present gratification of appetite, and in
laying in a store of comforts and disease for the
future. The pleasure of placing foot on shore after a
long voyage, even though it be the soft spongy shore
of Aspinwall, is exquisite. To a cramped sea-rolled
landsman any spot of earth looks lovely, especially
when viewed from the sea. To tread on solid ground,
and feel mother earth beneath your feet again, seems
like a return from supernatural regions. Thus to
land and thus to cross the Isthmus is a pleasant
change from the tiresome life on board the steamers.
Railway passengers wish the ride was longer, wish
they could so ride all the way to San Francisco.
Seated by an open window, the face fanned by the
RACE PANDEMONIUM.
m
motion of the train, and armed with a pitcher or pail
of iced water, the ride is indeed charming. But at
the time of which I write crossing the Isthmus was a
veiy different affair, as I shall show.
!rlaced ashore at Aspinwall by the ship's boats the
passengers by the Georgia were conveyed on oiien
platform cars to Gatun, seven miles distant, situated
on a small stream of the same name, near its conflu*
ence with the Chagres river. There an uproarious
scene presented itself The occasion was the hiring
of bongos or canoes in which to ascend the river. The
boating was done by negroes and natives ; the patroncs,
skippers, or owners of the boats were mostly Creoles,
the least tinge of whiteness in their blood being suffi-
cient to warrant them in asserting supremacy. The
gold-seekers were here first thrown upon their own
resources ; here the real battle began. On shipboard
tliey were only so much steamship pabulum ; tho
goddess of liberty had shrunk to the dimensions of a
captain of a water craft. Once more on shore, and
American manhood might again assert itself Of
course attempts would be made at cheating, and such
attempts sliould be resisted to. the death. Nothing
quicker marks the narrow-minded and inexperienced
traveller than a morbid fear of being overreached.
Sliall the American eagle be brow-beaten by the
turkey-buzzards of a nonderscript No-land? Hence
any attempt at fancied imposition was blustered down,
and knives and pistols freely used, if locessary, to en-
force fair dealing.
Seldom did a steamer load of passengers get started
up the river without much wrangling. Boat-owners
were not slow to take advantage of tj.<nr necessities,
and charge exorbitant fares ; or having made a con-
tract they flew from it and demanded more. Rascal-
ity was rampant ; and so keen were the adventurers
to scent a swindle that they sometimes found a mare's
nest. Ma'w a pil ^frini here first shed the crust of
oouvcntionality ; and many another on glancing inta
Ca&. Int. Poc. 11
1G2
THE VOYAGE TO CALIFORNIA.
the kaleidoscope of unsanctified human nature and
liberated passion turned back discomfited, and sought
his home oy the steamer that brought him. If the
infernal regions were to be bombarded for this gold,
they would pause and consider the matter. Then
there were yet those fastened by fate in this magnifi-
cent cesspool of tropical putrescence who could get
neither way; who having taken their chances of
reaching California had lost. Happy indeed would
they have been if they could have gone forward in
any direction. And there were those, saffron-visagcd
skelett)ns, stretched side by side on cots, in the heated
rooms of hotels, on whom death had set its seal, with
no loved one near to ease the aching limb or wet the
parched tongue.
Passengers in India rubber and oilcloth suits, singly
and in aniuli/amated groups of quondam friendships,
armed with pistols, guns, knives, umbrellas, and life-
preservers, mild-mannered as belted brigands, were on
the qui vive lest assassination should add their car-
casses to the many significant mounds in the vicinity.
Equipped with drinking-cups, pots, kettles, forks,
spoons, and air-beds, with stores of meat, bread,
brandy, and pills, all were rushing about bargaining,
swearing, and whooping, impatient to be off. Bam-
boo-faced patrones ranting bad Spanish, in broad-
bottomed pantaloons, colored muslin shirts, and broad-
brimmed jipijapa hats, with huge cigars in their
sensual mouths, having fleets or boats at their
connnand, formed the central figure of excited groups,
danoes from fifteen to twenty-five feet in length, dujjj
from a single log of bay or mahogany, and capable of
carrying from four to ten persons with their luggage,
could be engaged to Gorgona for from thirty to fifty
dollars and a bottle of brandy for the boatmen. The
patron usually accompanied his fleet, steering one uf
the boats.
Our boat is engaged — it has an awning to protect
ON THE THE CHAORES RTVER.
163
iliips,
life-
re on
• car-
inlty.
forks,
)rea(l,
ining,
Baiu-
road-
roacl-
thcir
their
oups.
ble of
fiftv
The
kne «^'t
rotect
us from alternate sun and rain — our baggage stowed,
and we have settled into as comfortable positions i.s
our cargo will permit. One glance at the jangling
crowd ujwn the bank, and we are off. After all there
is something touching in the scene. The steamer we
had an idea would bring character to the surface ; but
now we find we knew little of our neiy;hbors before
they stepped ashore, and assumed their respective
parts forthe Isthnms extravaganza. The burly man and
loud talker, that we imagine might brave boatmen cr
boa constrictors, now pufl's and sweats about the outir
edge of a knot of determined actors, among whom tie
little quiet boyish-looking fellow, with shoi-t, slight
frame, small hand, and delicate features, assumes au-
thority as by appointment. In such an emergency
mind and resolute daring, of their own inherent vir-
tue, form a nucleus round which grosser substance
!:!;ravitatcs. Then what a history they have, every
one of them. In their outre guise, with all their inor-
dinate desires and liberated propensities, their fretful
fault-findings, stupid misunderstandings, and morbid
restlessness, there is an air of stormy grandeur about
tlicm. They are heroes and martyrs, in their way.
Have they not left quiet peace for troubled wander-
ings, abandoned loving hearts for loneliness ? Have
tlioy not for sweet charity's sake blinded their eyes to
tlie rosy smiles of children, stopped their ears to tlie
passionate sobs of wife and mother and sister, steeled
tlieir affections against home and its sanctifying mem-
ories, and cast themselves adrift, aye, plunged their
souls into a gehenna of hiquietude and stinging battle?
Two or four or six shining, black, thick-limbed and
muscular negroes, uniting with the African wooly
hair, and protruding lips, a Moorish aquiline nose, or
as many lighter colored, and lighter limbed natives,
piopelled the boats up the stream by means of poles,
at an average speed of a mile an hour. Taking their
stand upon the broadened edges of the canoe on either
'
164
THE VOYAGE TO CALIFORNIA.
side, one end of their pole upon the bottom of the
river, and the other placed aj^ainst their shoulder,
smoking with perspiration, their deep chests sending
fortli volumes of vapor into the vapory air, their
swollen sinews strained to their utmost tension, and
keeping time to a sort of grunting stmg, they step
steadily along from stem to stern, thus sending the
boat rapidly over the water, except where the cur-
rent is strong. The middle of the channel, where
the water is deep and the current rapid, is avoided as
much as possible; yet with every precaution the
men frequently miss their purchase and the boat falls
back in a few minutes as great a distance as it can re-
cover in an hour. Ev3ry now and then, ceasing their
work, the swarthy boatmen disrobe with the most im-
perturbable sang froid, and wholly insensible to the
presence of horror-stricken females, and with perspira-
tion streaming down their naked sinewy limbs, cry
"banoTand running the bow of the boat into the
bank, they fasten it there with the poles and plunge into
the stream. Or if overtaken by rain, which here falls
with scarcely the slightest warning, they strip them-
selves to the last rag of whatever they happen to
have on, and rolling up their clothes put them in a
dry place until the rain is over. In places poles and
paddles are wholly ineffectual, and tlie boatmen are
obliged to take to the bank, and tow the boat after
them with a rope, or, wading in the water, bear it by
main force up the rapids.
One boat after another is pushed along amid sage re-
marks, coarse jests and yells, and the firing of pistols.
There is a humorous side to every scene; and this
was the side usually uppermost in early Californian
times, however trying the ordeal, or incongruous tlio
grouping, or dismal the moral shades. To these ad-
venturers so lately liberated from the nauseating con-
finement of a rolling overcrowded steamer, — not-
withstanding the heat and moisture which hung in
the air, and folded them about like a wet blanket—
REHUNDANT VEf,ETATIOir.
160
^^ft^ Vr IZf'l- ^^ ^'^-^ ^'-ir J
"liKi. ii.ki«fc scenes SO .3 ' ^^/'^'^^^ "^ '"u«c]e i.^d
toj?etI,erwitI,Ii|>era,n./\- ^"."^ wonderful to tHe .
tJ'ty spirits; tJ.o;,rJ ' ,,,17'^ ^f '"Jarating eff^^^^ up^.^
'•^^ain to seek rofufe f shh/^i" ^ere quite rS
-"the other side. " ^ '^"^^ ^^^^^e they found on^
-mountains f in,:ni<.u'^' S^l''''r''^^- ^'«
7 • .^''^''y shade of ,rrepn « i ^'^''^"tic, rank, and
fl^s with rose-red purnh '. •?"''''^' ^"^ K'i»t nin
''Jf^andpinkin^ndfesst^^^^^^
Pahns, thiek-Ieaved rnin ^' i^'i ?^''''^"'^"P^- sS
'-""teous bananas arTS'it »'«J-«tii teak and
I'^^^asites, whicJ, uZn^t, I^ .""»»««"-Wosscined
•^'ndant, mat and uni e Si "f![^^"'^'' ^^««Pi"g, and
'/•ace, and <>ver-reac fn . t ^ ^^'"^^ '"^ '^««^ e.n
-- ;rge in the gZ^y 't^T'li''' i^^"^« '"^-t
■nf fT ''""^>^ '•"^'ts into the ; f?""''"^' ^^^-ias
^^'»t falling, and weave Jh.; 1 "^* ^^^^^^ to pre-
^roens; bread-fruit hanl in ' ^'^T^'''' "'*« t] iek
«"'! piantain pine-ann ^f ^'"^'^ ^^««ters overlie^/
l-i-w ailigatir^ Jtnd "sur"^^^' "-.T ^^'S
J'^T spontaneous favors ifT'^"!' ^.^^^^ Profusei;
I" f tree in the tropics Tf "? *"^'"^^ "^^tter to
"'acl^' a plant-patriarch wlw,"'""* ^'"' ^^^^ng it J
;:;;;ft support a%len'; ;,,^^^^^^^^^ or no\ an
^ ^\ and creeping pL2 of «V'''^1^^^«' P^^ple convol.
poeies, which^if !sp! Jl f„^^;^«^ every genus and
', ^^f^ parpet coveVin..- a snl. fi ^T"""^ ^'^"^^^ fi>rin
J^'^' tree's shadow at nolT ^''^^ *""e« the area of
••••^'st behemothVsmo h; 7; ^^^ ^^^^ at last tJ^e
f '^vn by these re ent ess ^ rl . ^.''^^'^' ^"^ ^^4 ed
PmliJy buried in broad f^""^^'^'' '*« napless trunk^'s
i'^'-hes of spongy Zts i'^f ?^ J^^^^^^ vines an
Underneath dark yZjlT''^'' ''^'*««^"^«.
vistas of shadowy colonnade are
.1
t!. „
166
THE VOYAGE TO CALIFORNIA.
tall grasses and tanyflod shrubbery tlirouj'h wliicli
wild beasts with difficulty force their way. What in
our colder dimes are rare exotics, here riot in the
open air, bursting with exuberance. Innumerable
flowers of every hue gild the landscape ; the tiny blos-
soms of the north spread out in flaming proportions, or
assume shapes m which they almost lose their iden-
tity, while innumerable species unknown to the north-
ern naturalist abound in rank profusion. Chief among
these, and one of the most remarkable that blooms in
any clime, is the Flor del Espiritu santo, the flower of
the holy ghost. Lifting its graceful form from marshy
j)ools and decayed logs to a height sometimes of six
or .seven feet, it throws out broad lanceolate leaves
by })airs from jointed leaf-stalks, while on a leafless
flower-stalk springing from the bulb are sometimes
ten or fifteen tulip-shaped blossoms of alabaster white-
ness, and powerful magnolia perfume, enfolding with-
in their tiny cups the prone image of a dove, formed
in such consummate grace and synmietry as no art
could approach. And with this emblem of imiocence
and celestrial purity rising from a sensual jiaradise;
with its gentle head bent meekly forward, its ex(|uis-
itely shaped pinions hanging listlessly by its sides, its
tiny bill, tipped with delicate carmine, ahnost resting
on its snow-white breast, in form and feature the v<iy
incarnation of ethereal innocence — shall we blame tlie
early priests for pointing the poor natives to this
flower, and telling them (lod is here?
Palm trees of various descriptions line the banks,
and gorgeous water lilies dip their fragrant heads as
tho boat passes over tlusm. Every shower of rain is
like the s})rinkling of perfume on the vegetation
lairds of richly painted plumage and shrill song ilium
inate the forest; the dark, scarlet-breasted toucan,
which tosses its food from its long serrated beak int<>
the air and catches it in its throat, and in drinking, ns
the padres say, makes the sign of the cross, whem •
they call it Dios te de, (May God give thee) ; scream
li^
ANIMATED NATURE.
167
ing parrots, parroquets and flamingoes witli their
harsh discordant voices, and black and yellow turpiales,
wild turkeys, peacocks, and herons, and multitudes of
others, gorgeously feathered and sweet of song, glitter
amidst the shadowy green. Chatteihig monkeys leap
from tree to tree and swing upoji the pendent vines ;
mammoth blue butterflies, brilliant as the rainbow,
dance in the sun and rise to match the azure of heaven
on wings a hand broad; and humming birds, beautiful
as the butterflies, buzz and poise and dart from flower
to flower. Myriads of insects with burnished coats of
mail sparkle in the air and poo[)le the plants, while
all through the day the shrill whistle of the chichana
— a kind of green grasshopper — is heard, which begin-
ning in a low gurgle, rises into a clear blast like the
whistle of a steam engine, and which may be distin-
".•"uished a mile distant.
Early Sjjanish writers throw up their hands in as-
tonishment over the wonders of this land; melons,
cucun.bers, and lettuce, say they, ripen in twenty days
after they are sown. Fruits and edible roots al)ound
in great profusion. The pinea[)ple was considered the
most delic ious of all tropical productions. Wild bea.sts
and venomous rej»tiles and birds of brillia!;o }.lumage
fill the forests. A species of lion, smaller than those
of Afri(a was found tliere, as well as fierce leopards
and ravenous tigers which easily tear a niau in pieces;
deer, fox(\s, hai'i's, raltbits, nniltitudes of dvvB and
monkeys, alligators, venomous bati , vij)eis, snakt s,
s;*orpions, plieasants, peacocks, parrots, and birds
decked in a tlnmsand shades of gay livery, and pour-
ing forth swei't melody, all preying one upon another,
each fulfilling its mission, to oecujjy and <'njoy tht;
bounteous gifts of nature so lavishly placed at their
dis[)osal.
It is a pity so fair a scene should be so foul; that
such dark death-clealing plague-spots should be clotted
in treacherous beauty ; that quick and ardent nature
siiould flood such loveliness with vapors of destruction,
168
THE VOYAGE TO CALIFORNIA.
slioulci breathe into it a breatli of malignant perfume,
and give it over to slimy reptiles and ravenous beasts ;
to panthers, tigers, leopards and cougars, to long lash-
like snakes, and lazy alligators, and poisonous ants,
and black stinking cormorants.
The river here is a clear, but somewhat shallow
stream, about fifty yards wide ; its banks at first low
and marshy rise into hills as you ascend, and roll off
in distant mountains. Now it is full of bongos and
canoes coming and going, racing, knocking against
each other ; and at every turning of the crooked stream
the boatmen's cries and shouts of passengers are heard
cheering as they pass. So winding is this river in its
course that more than fifty miles are traversed in order
to reach a point thirty miles distant.
On they go, the prospective diggers, panting after
a sight of the yellow dross as harts pant for water.
To them it was nothing but the nakedness of God's
creation, all this wild, weird beauty about them, the
glorious <iuivering and play of light and shadow, where
the black reflects th(i clifl[s of eternal foliage rising
sheer from its very edge. As we ascend, though still
tropic, the river scenery becomes more subdued, and
the country in i)laces begins to look as if cultivation
was b(;ing attem})ted.
At Dos Hermanos we stop[)ed a little before night
for our supper. Before one of the principal eating-
houses we found a table spread in the open air, covered
with a clean cloth, and attended by a mahogany-
colored wc»man, bare to the waist, with a white loobe
flowered cotton skirt trimmed with lace, a broad-
brimmed Panaiiul hat, and a golden necklace adorned
with coins. On her unstockingtd feet were a pair of
yellcvv satin slippers, and in her mouth a long large
( itrar. On the table were red earthen iui^s and odd-
sirapiul dishes filled with tortillas, dried meat, boiled
fi»wl, eggs, fresh rolls, and cofl'ee.
Scarcely had we started on our way when night
s
NIGHT ON THE RIVER.
169
foil suddenly upon us and the whole heavens were
illuminated. Large fireflies glowed like sapphire in
their vain endeavor to outshine the stars, which
sparkled with almost dazzling brilliancy above them.
Behold here a new heaven and a new earth 1 new
constellations above and new fruits and flowers below.
A torch placed in the bow of the boat cast weird
sliadows over the disturbed water, and threw into
denser blackness the bordering thickets. Presently
the moon came up from behind the mountains of
verdure ; and while the swarthy forms of the boatmen
marched to their monotonous strains, the tired travel-
ler sat silently with cramped legs, or la}- his aching
back upon the heaped up luggage and watdud in
<lreamy speculation the blazing stars. Passing Ahona
Lagarto we spent the whole of the following day
toiling up tlie stream under a burning sun, with occa-
sional showers of rain, the hot glare upon the water
and the steamiiu i itenness on the land beinij at
times almost unendui.i»ble ; now and then we landed to
rest and eat. The crisp cool morning and evening
air, laden with sweet odors from the woodlands, was
most refreshing. Part of the next night we laid over
iit Barbacoas, a native village with huts of poles and
palm-leaves furnished with a mat to stretch on and a
liainmock to loll in. and thick with swarms of naked
iliildren. Before the tramp of gold-seekers awoke
tlieir avarice, centuries came and went, and the dolce
far nieiite of the natives, Tike their soft skies and
fragrance-breatliing forests, was undisturbed. Too
liululgent nature by withholding the necessity r'i-
iiu>ved tlie incentive to action.
The next day we reached (;rorgona, wliich ended
our boating and the first stage of the journey across
the Isthmus. Two days and nights were usually oc-
cupied in accomplishing this distance, portions of the
(lays being taken for rest and portions of the nights
f .r travel. There were tw(» }»oints on the river where
passengers were accustomed to leave their boat and
?! '
no
THE VOYAGE TO CALIFORNIA.
take a mulo trail for Panamii — Gorgoua ar.d Cruccs,
the latter beiiit; about six miles froiii the fornier; in-
deed, there was a third lauding, Obispo, lying lutween
the other two at a shar[) bend in the river. Gorgona
is the head of river navigation for six months of the
year, namely, from November to April, and Cruces
for the other six montlis. The trails from these ditter-
cnt points all unite before reaching Panama.
At Gorgona, that is to say the Place of Rocks, we
found a bamboo-built hotel with thatched roof and
gr.>und floor, the principal room having round the
sides rows of <jrass hanunocks huni; on a frame-work
of upriglit [»osts in the form of shelves one over an-
other like tlie steerage berths of a steainer. These
berths were of sufficient size to acconnnodate an out-
stretched man, and one of them I engaged for the
niu'ht for one dollar. Evidentlv the landlord knew
jiow to keep a hotel. After supper I went out to
take a survi^y of the place. The scenery thence is
bolder than any I have yet seen on the Isthmus.
The town, consisting of about a hundred houses, is
built on a high table-land, wlu^nee rise hills and uioun
tains on every side, covered with drift-like masses of
vegetation moved by the meeting winds from two
oceans, and formins.? an amijliitheatre throunh wliich
flows tli(> tortuous stream at my feet. Yonder is the
crowning peak of (JjUid)ali whtMice, it is said, both
the Atlantic and Pacific may be seen from onv. spoL
Besides the house in which I. lodged were i\\v <n' six
others, some of them of boards, some of a»lobe with
tiled roofs, and some of ret.'ds, with largt; signs sueji
as "l^nion Hotel," " Hotel Francalse," an<l tlu' like.
Ivept mostly by Yankcu' landlords, who appeared ti^
know h(»w to make the most out of the traffic. The
earrying tra<ie betwei'ii here and Panama sniarks of
Yankee enterprise, as do also the gaming tables wliere
the natives lav down their hard-earned dollars. Tlfr-
Were also a few stoivs, and an abundance of drinkhi'j
saloons and fandan'j-o liou.ses. \io;ht came; on apait
IL
ii
OORGONA.
m
aiul darkness, falling suddenly when once the glaring
sun dropped behind the hills, and soon a blaze of
li^ht poured from the hotels, saloons, and gand)ling
and dance houses in front, while a thousand moving
torches glinnnered in the surrounding darkness, and
niingli'<I with the promiscuous mass of l)rut«3 and
human life. Kisinj*' in the back<;round was the dark
silent wood, and in front the sluo;«j;ish stream, on
whose bank this ' ■ strange assemblage had gathered.
Tlierc was a i, ulango that night; tluae always
seems to be one at places of this kind. The (jiorgonan
upper ten danced at the alcalde's; the baser sort c»n
tJK^ sward beneath a vertical moon. Bvron is riyht
in his sarcasm on the chaste moon. It was a half
barbaric and wholly volu})tuous dance, and the reward
of the danseuse, the most enduring and suggestive,
was to ha,'e the hats of the company piled on her
head — a doubtful honor considering the headu from
which they come. These hats had the advantage
over beeliives, that their iidiabitants did not sting.
liising early next morning, and partaking of a
hasty breakfast of beans, salt meat, coarse bhv( k
l)read, and cottee without milk, I went out and
eneountei'cd a scene similar to that at (ratun, where
we had embarked on the river below two days before,
e\e» j)t tiiat in the present bargMining nmles took tl.e
]>lace of boats, and th<'re was an absence (»f that wild
hilarity which displayed itself innnediately on landing
from tli«' steamer. All thi'ough the nigjit boats had
been arriving, an<] there \*'ere now a huiidii'd of them
and more .sti'unu' siih; bv side at the; lantlin<r. On the
low sheK ing .sandy bank were scattered ml»)ers' tents
and nativ.' huts, uncovered p!h\s of baggage, miiighd
with which were the prostrate forms of unlioused
l>ilgrims, landlords, mulct eer>;, and trons))ort contract-
ors, w hile up the stee)) embaidvment, rising from tlie
rivcr-botton>, were bands of fly-blown hor.ses of the or-
(I'-r of lt<isinant'\ neighing to the mournful melody
of nmles, and iilling the heavens with their discords.
172
THE VOYAGE TO CALIFORNIA.
! i«
To add to the commotion, we here met ^lic main
body of returning Californians, on their way from
Panamd, to take the steamer which we had left. Some
of them were neatly clad, orderly, and quiet ; others,
in their shaggy hair and long untrimmed board,
guarding with religious care their torn and earth-
stained garments, as sacred relics t)f their pilgrimage,
were laden with gold-dust, and wore in their bronzed
visages the smirk of success; but by far the greater
number were disappointed-looking men, poorly dressed,
some suflcring from rheun^atism, cri[)pled limbs, and
broken constitutions; some with their formerly stal-
wart frames shrunken and wasted by fever, and many
disheartened, bankrupt wretches, who had been
stripped of their all, and were now returning to their
homes, scattc^ring curses on California as they wont
alonj;. It is a significant fact that the steamer steer-
age was better filled on the return trip than on tlie
voyage out; and there was more money in the pock-
ets and ill the gold-dust belts of the steerage pa'^scn-
gers than in those of the cabin passengers. The rea-
sons were those: Returning Californians comprised
four several classes. First, those who could get home
no other way, who could l>arely scrape enough together
to buy a stf'^'rage ticket Secondly, those who had
money, but who 1im/1 toiled hard for it, were accus-
tomed to roughing it, and [u*ferred economizing here
that tliey might liave the more hen^after; tliis was a
large class. Tlilrdly, inetiicient and impecunious sons
or relatives of geiitlenu'n, who were heljted to (Vili-
fornia by their friends in the ho})e that they would
there develop into sonu'thiiig, and were now, aft( r
having made a miserable failure of it, being heijied
back to tlieir homes in order to save them from total
destruction. Ihese could by no means make up tlielr
minds to descend into the depths so long as tlu>v had
friends to foot tlieir bills. And fourthly, men of
means, whose monev was chieflv in bills of exchain»e.
Many miners went home in the steerage armed to the
GOING ANT) RETURNING.
173
teeth, and well laden with gold-dust, two or more
friends uniting their accumulations, and each in turn
guarding their treasure night and day, never leaving
it for an instant during the entire trip. This was in
order to save the freight, which was then high. They
argued if they got through, their money should ; if it
was lost, all would go down together.
Narrowly they eyed one another, the going and the
returning, one with interest not unminglcd with ad-
miring envy, and the other with an air of superiority,
perhaps with contemptuous pity. Ahl the mighty
power of gold, in which is condensed all that is bright
and beautiful of earth, all that is holy of heaven and
hateful of hell, in whose yellow molecules are wrapped
all human virtue and passion, that could thus consum-
mate this meeting, bringing together from the remotest
ends of earth brave men of thought and deed, meeting
here in the heart of a tropical wilderness, in the middle
of this narrow Isthmus which so provokingly obstructs
the world's commerce, on the topmost point, round
which revolves the two Americas and the two great
oceans, meeting in a pestilential clime, some hurrying
one way and some another, some sick to death of gold-
seeking, others burning for it! It was not a little
curious, the sight, as we stood and watched them
there, the outward bound and homeward bound, some
with the confident swagger of greenness yet upon
them, rude and unacconunodating in their grumbling
selfishness, stupid in their perverse independence, aiui
surly in their unreasonable opj>osition to order and
regulations ; the others, men of like origin and caste,
but licked into some degree of form and (*ongruity by
their rough experiences, rude and ragged they niay be,
but quieter, more subdued, more easily adapting
themselves to circumstances, more ready to yield some
fancied right for the common good, more humanized
uiid harmonious, whether more polished « or n(;t.
LiLji.t like that of revelation seems to have broken
In upon them during their w;in'J.cr:n;j3, enlijliten-
'i'l '
I .
il:'
m
THE VOYAGE TO CALIFORNIA.
ing their minds and toning their hearts to new
sensibiHties.
With as little delay as possible our passengers
handed their baggage to tht; packers, hired saddle-
mules, paying from ten to twenty dollars for a beast
to Panamd, and mounting, filed off into the narrow
path that marked the way. Some of the women
donned man's apparel, and rode man-wise ; others
accepted a compromise, and followed Mrs Amelia
Bloomer, who cut off her skirts and paraded the streets
of New York in short clothes first in 1849, just in
time for the California-going sisterhood to adoi)t that
costume on the Isthnms; others refused in any wise
to molest the sacred limits of their })etticoats, prefer-
ring to die rather than to outrage modesty, shame
tho sex, and exhibit their larsje ankles even to tlie
barbarians, among whom he who wore the least cloth-
iwiX was most in fashion, nakedness absolute beiny; full
dress. Children were seated iti chairs strapped to tlie
backs of natives ; luggage was also carried lashed to
the backs of porters. For so supposedly enervating a
climate, the loads these natives, negroes and mongrels,
are capable of carrying is surprising. I was told thut
some of tliem frequently packed on their backs 2C0
pounds from Gorgona to Pananul, twenty-five miles,
in a day and a half. Many of the passengers engaged,
these men to carry their efiects, antl made the journey
with them on foot.
There was no wagon road across the Isthnms, and
the trail from Gorgona, though not so broken as that
from Cruces, was rough in the extreme, and led
tlirough a greatly diversified country. Two miles
brouLjht us across the table land, when we entered a
dense forest, from which tlie sun was wholly excludiMl
by tho overhanging branches. Thence we ft)llowe<l
the path successively over soft, uneven ground, througli
shady canons, and mountain chasms nmrky in their
gloomy solitude, up and round precipitous hillsides
cut by travel into steps and stairs, on which and hito
THE ISTHMUS LAND JOURNEY.
well-worn holes the careful and sagacious animal placed
his foot tenderly, knowing that an inch or two on the
wrong side of it would send him sliding down the steep
slope. Now we would be under a canopy of creepers
trellised with palms, now winding through a valley of
impervious undergrowth, rustling with serpents, in-
sects, and birds, and then out into the broad, open,
l)urning plain, crossing turbid streams and mountain
rills, wading some filthy morass, rounding rocky cliffs,
and exposed alternately to sun and rain. Descending
with slow and cautious step the steep declivities from
the little spot of table-land round (Jorgona, then as-
cending and descending attain and again until tierra
caliento is reached, the scenery is ever changing, now
capti> ating with its beaut}, and now thrilling with
its Magnificence. Often we passed through ravines
which had been washed out by the rain, and so
narrow at the bottom that on entering at either end
I)orsons nmst shout in order to notify others wish-
ing to come from the opposite direction. Hearnig
the whoops of muleteers within, we were often ol)lig(>d
to wait until they should emerge, when we could enter,
and shout for those coming from the opposite direction
to wait their turn. Some of these gullies have lu'eii
worn down thirty feet and more by centuries of travi'l,
and are so narrow at the bottom that a loaded mule
can barely get through. Often wlu>n travellers met,
one would have to turn back ; and again, when caught
in tight places, horsemen would draw uj) their legs,
and so lot tlie animals squeeze past each other, wlien
this could be done. All along the way crosses marked
the resting-place of those overtaken by fever or assas-
sin, while tlie murderer himself found unsanctificd
.sojjulchre beneath a ]iile of stones at the cross-roads.
Every now and then we would stop to rest at a way-
side rancheria, where bread, warm water, and vile
liquors were sold at exorbitant prices. Then there
Avere more pretentious houses where the belated trav-
eller could spend the night, the " Halfway House " and
«• I i ^!
170
THE VOYAOE TO CALIFORNIA.
the " True Half-way House " kept by Europeans or
Ainericaiis, Tea and coftee were plentiful along the
route, but milk was scarce. The water of the Isth-
mus, for drinking purposes, early acquired a bad name ;
its effects were said to be extremely delet(;rious, espe-
cially on Europeans. The distaste, thus or other-
wise arising for this fluid, so fastened itself on many
of the pilgrims that it never afterward left them ; for
on arriving in California they seemed to prefer strych-
iime whiskey even to the melted snow of the Sierra.
As a matter of fact, water, and nothing else, taken
simringly will carry one through fatigue and inhospit-
able climates better than any stimulant. In crossing
the Isthnms thousands have killed themselves, or
planted the seeds of disease, under the excuse that
water was pernicious.
In ancient times there was a trail from Panamsl to
Cruces, paved with large round stones from six to
eighteen inches in diameter. In places it was three
feet wide. It overlaid all the softer ground, and con-
nected with the rocky defiles and hillside shelves, where
it frequently narrowed to a foot in width. Near Pa-
namsl it widened yet more and was kej)t in tolerable
repair, but the upper end was dilapidated and almost
useless, being washed away by flood, or cut under or
broken sheer asunder by torrents, so as to leave it in
pieces high above the sunken bottom of a ravine.
Over tnese disordered heaps of smooth stones minglefl
with soft deep nmd, the poor heavily laden nmle was
obliged to stumble, and the wonder was how he ever
got through at all. Though not as comely as the beau-
tiful beasts of Europe, these mules, with their limbp ui
steel, show a more marvellous dexterity, risking
their feet with confidence, as if by instinct or memory,
in dangerous places. There is no necessity for diret t-
ing the animal you ride ; give him his head and let
him go, and when you get to Panamd get off" and give
him the bridle ; the master is not far awav. Tlu^ Gor-
goua trail strikes the ancient road some seven or eigla
«'o northern ocean tlio t ^ "."^ ''''»■•' f'c river (,.
;""v«yod for eentiries Ij . " "?'« »'""' S^^^was
« seen g„|,| trains ami' =°i ™" *" "'« «lav wcr. T
«'-'.'fKlitterinr„Xl:^^Xl'r';r *'"' ^~^
'•"liimoned mures wit ,^;„ r I''" ^"''"•'S of rielWv
and spurred, and atSe^H ' *"-'"'''•>' ""'"-/iSot^l
vollow nmsketeera. TWv^ V?^ "f ''"if a d.^,^
^'«t assistance to ar,v nfii '"'^"^ ^^^^cr tlie sli. U
^/^ close; houses, two and^ '^^^^ *^'^^^>^dm^^^^
; «d and adobe, supplant 1 ''^ '^«"^'« i» heil.T «?
.««.4 »W »tone cross and bell, we ent^^IV
c^^ INT. Poc. 02 ""^ ^^^^> Panama is the oldest
nin
IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
m
ISO
3.2
I.I
1.25
i'-i IM IIIII2.2
:" m '""^
I "- IIIM
lU
U II 1.6
Va
e
/a
o
%
Photographic
Sciences
Corporation
23 WEST MA!N STREET
WEBSTER, N.Y. «4580
(716) 872-4503
V
^^^
A
^
LO^
V
k
'V-
i.
4if
V . '<liEvf
\
\
^N
^'^
»
178
THE VOYAGE TO CALIFORNIA.
European city now standing on the mainland of the
two Americas.
In tlie year 1515, tlie story goes, Pedrarias Ddvila,
governor of Castilla del Oro, despatched from Santa
Maria de la Antigua del Darien, the first settlement
of the Spaniards on the n?ainland of America, situated
on the gulf of Darien, then called Urabd, but whose
traces are now wholly obliterated, Antonio Tello de
Guzman, a native of Toledo, with one hundred men,
and instructions to cross the Isthmus to the South Sea,
and establish there a settlement from which to prose-
cute discoveries along the shores of the Pacific, After
several conflicts with the natives the journey was ac-
complished. As he approached the borders of the
southern sea, Tello de Guzman heard much of a place
called by the natives Panamd, famous, as the Spaniards
supposed, for its wealth ; but in truth, only a collection
of fishermen's huts, the name signifying in the aborig-
inal tongue, "a place where many fish aie taken."
This was the discovery and origin of the site of old
Pananiii ; and although nothing further was accom-
plished toward a settlement during this expedition,
subsequently, from the reports given by Tello de
Guzman, Pedrarias founded the metropolis of his
government. There, after the chivalrous Vasco
Nunez and liis comrades had been belieaded at Ada,
the surly old governor quarrelled with Oviedo, and
plotted against his best friends. Thence Pedrarias
proceeded to pacify Nicaragua, and thence Francisco
Pizarro and his bloody crew sailed for the conquest
of Peru. "Very noble and very loyal" Charles V.
called the town in those days, meaning thereby very
nmcli gold, very much goldl Now the spot is so si-
lent and dead, so crumbled and fc^rest-encloscd, that on
one side you may pass within ten steps of its ancient
walls and discover no city, while from the bay a soli-
tary ivy-covered tower is seen, which marks the tomb
of crumbled splendor scattered round its base. In
1671 the buccaneers under Henry Morgan, sacked
*-^
THE OLD AND THE NEW.
179
and burned old Panarnd, and it was then determined
to choose a healthier site before rebuilding the city.
The old city boasted its palatial houses of cedar,
adorned with paintings and rich hangings, its cathe-
dral and other fine churches ; its eight convents, with
their costly altar-pieces and gold and silver orna-
ments; its 2000 dwellings tenanted by wealthy mer-
chants, and 5000 by lesser tradesmen; its royal
stables, and beautiful gardens, and fertile fields; and
the new city was built upon a scale of yet grander
magnificence. But with the decline of Spanish
power in the new world, Panamd fell. The vast trade
U[)on the Pacific, extending frt)m Chili to CaHfornia,
and across to the Philippine islands, which brought to
anchor in her harbor galleys laden with tlie gold and
silver of America, and the rich stuffs and spices of
India, and filled her store-houses, and made her mer-
chants princes, became scattered. The city sank into
a lethargy from which it was partially awakened by
the shouts and pistol-shots of a new race of gold-seek-
ers. But Ichalx^d was too deeply graven on her door-
posts. The glory of despotism and fanaticism had
departed; and even in the momentary awakening in-
cident to the Californian emigration the principal
traffic was in the hands of Anglo-Americans.
As com[)ared with its ancient grandeur Panamd,
until the construction of the ship canal was fairly
under way, presented a melancholy ap])earance. The
city is built on a rocky peninsula which juts out some
quarter of a mile from the base of the Ancon hill
into a broad, peaceful, isle-dotted bay. Across this
peninsula from beach to beach, extend streets, inter-
sected at right angles by other and broader streets,
which invite currents of air, and most of which are
well paved. On approaching the city from any tlirec-
tion, the dilapidated fortifications, and cathedral tow-
ers, and high, tiled roofs attract the first attention.
The houses are built of stone, wood, and adobe; most
of them are two stories in height, some three, with
f 1 ''' :
180
THE VOYAGE TO CALIFORNIA.
courts or patios, and verandas round the upper stories,
beneath which one may walk during a rain over
nearly the whole town without getting wet. The
style of church architecture is sui generis, Hispano-
American if you like, common to the cathedrals and
missions throughout the whole Pacific States; adobe,
stone, and stucco thrown together in quaint irregular
piles. Some of the principal churches and many of
the buildings were in ruins, the roots of ravenous
plants boring into the crevices, dislocating the stone,
and tearing down the huge walls. The grand old
cathedral, however, remained, fronting on the plaza as
all cathedrals do, with its towers filled with bells, and
mosses and creepers covering its crumbling walls;
beside which there were at the time I first visited the
city, a college, a nunnery, and four convents. The
cathedral would hold four thousand persons ; the roof
was supported by large pillars ; round the altar was a
profusion of silver ornaments, and flat on the floor
were scores of marble slabs on which were graven
the virtues of the holy remains resting beneath.
The twelve apostles in marble occupied twelve niches
in the end toward the plaza. Bats and lizards in-
fested the building and disputed with worshippers the
right of occupation. Pictures adorned the walls and
shrines were placed at intervals around the interior.
Over the crucifix of the high altar presided a large
silver stork with her young.
Throughout the city pearl-oyster shells glittered
from steeples and pinnacles, and from the turreted
bell-towers at the street corners, every morning at
sunrise, came discordant peals, accompanied by the
clang of cathedral bells, filling the streets with pious
worshippers slowly and silently wending their way to
church. On feast days which were many, the city
flaunted her bravest finery, and looked not unlike a
wrinkled beldame in gaudy attire. Gaily dressed
men and women, proudly sporting their Spanish cloaks,
uad darker-skinned natives in white costumes, marched
PRIESTS AND PEOPLR
181
the streets from one bedizened altar to another, while
the shaven priest with his peculiar hat, long black
robe with bnght satin hning, small clothes fastened
at the knee with golden buckles, white silk stockings,
slippered feet, and cigar, surveyed with zealous inter-
est the effect of his enlightened teachings.
But on all days were seen stealthy coffee-colored
men with thin sinewy limbs; stealthy half-naked
women with twinkling jet eyes and bronze bust glis-
tening in the palpitating light; girls and boys sur-
rounded with cocoanuts, oranges, and limes, bananas,
eggs, and flowers of shell work. There were avenues
of fruit and vegetable stalls ; while through the open
doors under the veranda the more aristocratic traf-
fickers displayed their dry goods, groceries, and liquors.
The main streets in the central part of the city
were lined with hotels, shops, and gambling saloons,
newly whitewashed and adorned with flaming sign-
boards in English vocables, while on nearly every
other house waved the stars and stripes. This busy
renovated centre was flanked by crumbling vine-clad
walls and mouldering ruins. In its palmy days the
two sides of the town facing the sea were protected by
batteries, and the sides toward the land by a hij^h
wall with watch-towers and moat. The bastions
were constructed at different times as necessity de-
manded, and presented an irregular appearance ; and
though the walls were high the fortifications were not
strong. Panamd. was divided into two parishes, one,
the city proper, lying within the wall, and called
San Felipe, the other, that portion without the wall
called Santa Ana. Two large gates opened toward
the sea and two toward the land; the latter once
strongly fortified were entered by drawbridges. The
popular promenade was the rampart, round whose
tottering walls and ragged turrets were scattered the
(lismantled guns of brass, so richly wrought and so
carefully embossed by the great foundries of Barcelona.
The private houses of San Felipe were mostly of
; .IM
m
BU
182
THE VOYAGE TO CALIFORNIA.
stone, those of Santa Ana of wood. They had tiled
roofs, unglazed windows, small halls, with doorways
large enough to admit a man on horseback, through
which the air might circulate freely. The heavy
wooden balconies, which were universal, served at
once for all possible purposes. One would there place
his kitchen, another his laundry, another his bath-
room; they were likewise used for reception roor\,
garden, and promenade. The family living in tlie
upper apartments, the ground floor was usually let for
shops or manufacturing puqioses, or, it may be, occu-
pied by servants. Santa Ana was composed of a
poorer population, mechanics and laborers, and thcbe
arranged their households as best they could, some
living with rats, pigs, and chickens in a style inferior
to that found in the villatjcs of the natives. Houses
decayed rapidly, and owners and tenants alike appearc d
averse to making repairs. Scmietimcs the dirty walls
were whitewashed at the beginning of the dry season,
and the holes of the comejcn-eaten woodwork filled
with green paint, but often doors and balconies were
left unwashed and unpainted. Water was brought on
mules from a river three miles distant, and emptied
into porous jars placed in niches in front of the bett( r
houses, where it was kept cool by evaporation. The
rooms of the city houses were usually large and airy,
the ceilings high and unlined; they had no chimneys,
cooking being done in the court-yard, or on the floor
or stone table of the kitchen. In most of tlie rooms
were hammocks, in which lazy men and loosely robed
women lounged away the time.
All sorts of costumes were worn by men and women
of every mingled shade of color, Caucasian, American,
and African. The native female was satisfied with a
simple skirt; the creole loved a white cotton skirt
flounced and trimmed with lace, with low, loose,
sleeveless waist, leather or satin slippers, anda jipijapa
hat ; the Spanish gentleman who had not yet adopted
European fashions delighted in white linen pantaloons
DRESg.
183
and vest, a loose coat of the thinnest material, and a
broad brimmed jipijapa hat of fine texture; while the
African, breeched or mibrcechcd, broiled in simplicity
unconstrained. The nationality of foreigners disap-
peared under the hizarreric of their accoutrements;
the gentleman gold-hunter found a woollen shirt,
cotton pantaloons, and straw hat very comfortable.
Jipijapa hats, commonly called Panamit hats, are not
made in Panamil, but in Peru and elsewhere. They
might be had for two or three dollars, and up to fifty,
and even more. The Spanish crcolc gentleman, who
is usually slight but wiry, in complexion sallow, with
black hair and eyes, and always a moustache, if his
purse permitted would wear white pants, and appear
to the best advantage. There was no lack of beauty
shining from the half veiled faces of the sciioritas,
with their white dresses, in red and yellow ribbon
trimmin<^s, and bright colored slippers often covering
stockinglcss feet. The dress of the better class was
at this time becoming European, black being the pre-
vailing color.
The population of the Isthmus consisted mostly of
natives. Some parts of the country had not been
conquered, and several of those conquered had been
abandoned by the conquerors, who found it beyond
their power to occupy them and subdue nature, even
if unmolested or assisted by the Indians. Besides
Indian and African, and Indian and Spanish inter-
mixtures, Spanish was infinitely crossed with African,
of which Carib blood was then most prominent. These
remarks refer especially to the coast region. In the
interior departments, like that of Chiriqui, a purer
white element predominated then as now. The most
dangerous characters were the vagabonds from the
shores of the Antilles, who had been drawn to the
Isthmus since the Californian passenger trafldc com-
menced. Tlie government, not having the means to
support a sufficiently large police force, such as the
existing circumstances demanded, authorized the rail-
li'UiJ
:'i
If
184
THE VOYAGE TO CALIFORNIA.
w I
road company to assume the protection of life and
property on the transit, with power virtually to inflict
condign punishment on criminals. The force organ-
ized while the railway was being built consisted ef
forty men, motley in color, costume, and character,
but very efficient, and was under the command of a
delicate, boyish-looking, but most energetic Texan
ranger, named Ran Runnels. Though this force had
no jurisdiction in the city of Panamd, it occasionally
made arrests of desperate characters within the walls,
the criminals receiving their punishment without.
This irregularity was winked at by the authorities.
In a short time the Isthmus was free of the numerous
malefactors, which had been drawn from all parts of
the world to prey upon travellers crossing from ocean
to ocean.
The climate of the Isthmus is very hot on the
coasts, but on the sides of the mountains in the interior
it is comparatively cool and healthy. The city of
Panamd is the healthiest sea-board spot in this region,
miasmatic fever being prevalent almost everywhere
else. Besides standing out in the sea as it does, the
waters of the ocean playing upon three sides of it,
and from \\hich it receives breezes opposing the
insalubrious air of the interior, there stands the hill
Ancon at the rear of the peninsula, forming a natural
barrier ,to the poison-breathing swamps of the Rio
Grande beyond. With proper care, and avoiding the
abuse of spirituous liquors, a foreigner may safely live
in Panamd the year round; indeed, during the dry
season, which is from the middle of December to the
middle of May, with the strong northerly winds which
then prevail, and the absence of heavy rains, the cli-
mate is both delightful and wholesome.
The bay of Panamd is a picture of languid beauty.
It is large and open, yet well protected, but so shal-
low near the town that large vessels are obliged to
anchor two or three miles off shore. On one side is
the sea into which it opens, spreading out for ten
SCENERY.
185
thousand miles, north, south, and west, rolling up the
bay for ninety miles its slow, strong, eternal swells,
while in the background banks of dark green foliage
rise from the white sandy beach, and swelling Into
hills and mountains, disappear in the distant clouds.
Pyramids of green verdure, made purple by distance,
rise from the azure sea, and mingle with the azure
heavens. Looking southward from the fortifications
you see Flamenco, Perico, and Llenao or Islanao, and
beyond some three leagues away is the island of Ta-
boga, near which the coaling vessels rest at an-
chor. The island is about a mile and a half
long by half a mile wide, and has its semi-European
town, and its native population, with their hamlets of
bamboo huts. Far away toward the east, over indo-
lent waters reflecting the blue sky, the sun's glare
softened by the breath of summer mists, past little
paradises of brilliant green seemingly floating on the
placid surface w^hich mirrors their foliage, are the
Pearl islands, where Vasco Nunez and his crew an-
chored the ships which they had brought with so
much labor and peril across this formidable Isthmus.
On the island of San Miguel, the largest of the Pearl
archipelago, is situated the town of the same name,
where the unbreeched natives used to deck their tawny
skin with gems that would make the eyes of a city
belle sparkle with delight, and ebony pearl merchants
displayed their wares, haggling in the sale of them
with all the cultivated cunning of a Jew.
Panamd, patched and whitewashed under the new
rdgime ofl'ercd a seemingly grand array of comforts
after our late privations. At the hotel we found cot
beds, one to a man, although there were many men
to a room. Here was a new field for fretting and
brain-whetting, and well the gold hunters improved
the opportunity. The streets were crowded day and
night with Californian emigrants. Outside the town
were encampments of them, apparently as comforta-
IT, ; i! 1
186
THE VOYAGE TO CALIFORNIA.
!
blc in their tents as were their brethren in the ex-
pensive city hotels.
Here, waituig and watching, some of them for
weeks and iiionths, for an opportunity to get away,
tliey continued the process of moral declination and
decivilization. Fledglings fresh from their mothers,
little mammon-dried men, and tall hairy fellows,
armed to the teeth and streaming with perspira-
tion, strolled about the streets, watching the fruit-
venders, and water-carriers, ogling the bare-breasted
girls, pricing hats, looking wistfully at the tempting
catalogue of iced drinks througli the open doors of
the saloons; or, entering the churches, they would
stalk about the isles, peer into tlie nmsty confessional
boxes and thrust their impious fingers through the
lattice, push their way into secret corners, invade the
precincts of the altar and profanely handle the orna-
ments, and sneer, in their superior conceptions of
God- worship, at all this clap-trap of the devil, as they
called it.
Some few of the aspirino sort studied Spanish, or
essayed some knowledge of the history of crumbling
relics ; some played billiards, or gambled, or got
drunk ; some fished, gathered shells, braved the
sharks and bathed, hunted monkeys and parroquets,
or sat under old vine-clad walls gazing at the hum-
ming birds as they buzzed about the flowers. Some
died of fever; others killed themselves by drinking
villainous liqu.fs, eating excessively of fruit, or by
overdosing with pills, patent medicines, cholera pre-
ventives, and like supposed antidotes to supposed
impending disease. Once seized with sickness and
without a faithful comrade, a man's chance for recov-
ery was small ; for already a coating of callous indif-
ference to the sufferings of others seemed to be
enclosing the hearts of many of these adventurers,
and a pale fever-stricken stranger was too often
shunned like a leper.
The morning after our arrival, and for days there-
YANKKE SWINDLERS.
187
after, we were in tribulation about our baggage,
which the packers failed to deliver as they had i)r<)in-
ised. Gradually the truth dawned upon us that this
was one of the tricks of the tratle ; and when after
waitin*; a week, and considering the distance from
Gorgona was only twenty-five miles, which couhl bo
easily made in a day and a night, when we and many
others were obliged to go forward without our bag-
gage, we were satisfied, as we afterward learned t' lu^
the truth, that we had been systematically swindled.
The fact was that civilization, under the impulse of the
gold-fever, had so tinctured this Isthmian wilderness
as to have overturned the influence of the simple-
minded savage, thus giving up travellers to men
more rapacious than beasts, which will not prey
upon their kind. At Chagres and on the river,
transportation had been left mainly to Creoles and
natives, as the occupation was too hazardous to health
for the shrewd northerners to undertake it ; but Gor-
gona and Panarad, were comparatively healthy, and
here sharpers might take their stand and levy toll.
The native and mongrel races were not bad enou<j:h
nor bold enough for the situation. These could prac-
tise extortion on a small scale, but the cocking of a
pistol or the flash of a knife-blade usually brought
reparation. Here indeed was a field for nobler talent.
Hitherto, and for the last three centuries, dark-
skinned carriers had been content to appropriate only
a part of the effects committed to their care, and col-
lect freight on the portion delivered ; but for the dt)uble-
edged son of a higher order of culture and broader
views such dealings were too tame. So he instituted
a reform, weiLjhed bagijaoe at Gorijona or Cruces,
and collected the frciglit in advance, ten or fifteen
cents a pound to Panamd, then he could deliver such
j)ortions as policy dictated, and keep the remainder
having secured the freight on it in advance in case it
should prove not worth the transportation. This
system I afterward learned from sources unquestiona-
188
THE VOYAGE TO CALIFORNIA.
ble, had been regularly practised by men appearing
to be New Englanders and New Yorkers from the es-
tablishment of the steamship line. Passengers as a
rule were helpless ; for when the steamer was ready,
they were obliged to go on board, and their baggage
was not worth the cost of hunting it. From the
first appearance of foreign travellers in these f arts, it
has been a notorious fact, and of current remark, that
of all robbers and swindlers on the Isthmus white
men were the worst, and compared to them the na-
tives were humane, faithful, and honest.
The steamers here took in coal and provisions, beef,
fowl, and swine, flour and general groceries, oranges,
pineapples, citrons and bananas, and liquors of all sorts.
Quite a traffic was sometimes done here in tickets by
brokers; some, to save, would sell their steamer
ticket and take passage on a sailing vessel, which they
afterward too often found of that class whose captain
and officers were accustomed to take in so much wine
and spirits that they would forget to take in any
water.
After a week's detention the steamer Panamd an-
nounced her readiness to receive passengers, of which
opportunity we all made qui^k avail. With our ef-
fects shrunken to the easy c« .npass of our hands, we
left our hotel, walked down the street, and out through
the great gate, to the shore of the bay. There we
found stationed just beyond the surf that broke upon
the white beach, a row of boats ready to convey pas-
sengers to the steamer, with porters and boatmen to
carry us through the foam to the boat. Wading to
the edge of the water the boatmen would stoop their
ebony shoulders and back up to us invitingly. Women
were picked up in their arms, and handled most ten-
derly for such sooty savages. Sometimes stepping on
a slippery stone, down man and rider would both go
into the brine, amidst the shouts of the lookers-on.
But this happened very seldom ; the wide, bare,
leathery feet of the carriers were usually quite sure.
REGENERATION AND BAPTISM. 189
Mounting a naked broad back, we were carried
through the surf, dumped into the boat and rowed to
the ship. On arriving at the gangway, we were
obHged to show our tickets, every species of trickery
being resorted to by a certain class on shore to get
themselves forward without paying their passage.
The passengers then formed themselves into a line
before the purser's office window, and when all were
on board rooms and berths were allotted.
Thus in this Isthmus transit, we find the history of
every man who made it a unique experience, wiich
acted powerully upon the recasting of his charactor —
a fit preparation for the baptism which was to follow
his landing in Califoruiat
I )l
CHAPTEK VIII.
TlfE VOYAGE TO CALIFORNIA-PANjVMA TO SAN FRANCISCO,
We have had enough of action, and of motion wc,
KiiUetl to starWoard, rolled to larlioard, wlicn the surge was seething free,
Vlierc the wallowing mounter sjjuuted his foam-fountanis in tlie sea.
— The LotoH-Enters.
!!; !
While hero upon the Isthmus, and before proceed-
ing on our journey to San Franrisco, let us glance at
tlie route round the continent, that we may be better
able to make comparisons as we go along.
Tliere have been many remarkable voyages to Cal-
ifornia by sailing v(\ssels, as well from Panaiiui to San
Francisco as round Cape Horn; there have been
many adventures connected with them far more thrill-
ing than any that occurred in the voy.ages by steamer.
Tlie voyage round the Horn, as it was called, did not
differ materially from sea voyages elsewhere; that
from Panama to San Francisco had at this time a
marked individuality, a few exami)les of which I will
give.
The rickety schooner Dolphin, of 100 tons, left Pa-
nanul in January 1841), with forty-five persons. After
putting into several ports for sup[)lies, the passengers
had to abandon the craft at Mazatlan and transfer
themselves to the bark Matilda. They finally readied
San Francisco on the 6th of May, having spent 110
davs on the vt)vaije from Panamd.
But the career of the DoJpJiin was not yet at an
end. Certain gold-seeking ""vaifs then in Mazatlan,
anxious to reach California, bought and refitted her.
(I'JO)
SAILING VESSELS.
m
She sailed on the 15th of April with no less than six-
ty-eight persons, among whom were some who in lat-
ter years acquired more or less distinction in California.
In the course of tlie voyage tliey underwent much
sufterhig, scarcity of water contributing thereto. A
number of the company, driven to desp(!ration, landed
in Lower California, and made their way north on
foot. Reacliing Rosario with the greatest diliicult}',
they siglited two vessels, one tlie Dolphhi. and tlie
otlier an Italian bark. The latter took some of tlic
schooner's passengers away witli her, and a few of tlie
land party returned to their own old craft, the rest
preferring to continue their journey up the C( )ast. The
latter after undergoing many hardships reached San
Diego on the 24th of June. As for the l)()/j>lii)i, she
went into San Diego harbor in a sinking condition, and
was condemned and sold without more ado. One of
her ])assenger3 had died on the voyage.
The vicissitudes of a party on board the schooner
San iilase'ia, of thirty-five tons, which sailed from
IMazatlan in May of the same year, were in many re-
spects the counteri)art of those suffered by the Jhl-
y>///yi',9 people. Some of their number wtu-e taken off
by another vessel at sea; the rest abandoned tlie craft
on the coast of Lower California, and made their way
on foot, carrying their effects on their backs, to Todt)S
Santos, where they procured mules, ind on the 24th
of May set out for La Paz. On the journeys they
suffered greatly for want of provisions and water.
Finally, on the 1 1th of August, they fell in with
lOniory's surveying pai-ty at the initial point of the
l\lexican boundary line. Meanwhile the San lllamia
If ft San Jose del Cabo, and completed her vovai^e at
Monterey, after the manner of the Dolphin, on the 1st
of July.
Another of the land journeys tip the peninsula was
that of J, W. Venable, who came from Kentucky via
l*anamd in 1841), and was a member of the state as-
sembly from Los Angeles in 1873, and who travelled
Ifi.
192
THE VOYAGE TO CALIFORNIA.
1
on foot with two or three companions from Agua
Dulce, on the coast of Lower CaUfornia, to San Fran-
cisco, about twelve hundred miles. They had been
obliged to land by reason of the slowness of their ship,
scarcity of wa.^r, and stubbornness of their captain.
They arrived at San Francisco before the ship.
The latter took 166 days for the trip.
But even crazy sailing vessels were better than
dug-out canoes, in which some started on the long
voyage from Panamd to San Francisco. Bayard
Taylor states that in the early part of 1849, when
three thousand persons were waiting on the Isthmus
for conveyance to the new El Dorado, several small
parties started in log canoes of the natives, thinking
to reach San Francisco in them. After a voyage of
forty days, during which they went no farther than
the island of Quibo, at the mouth of the gulf, nearly
all of them returned. Of the rest, nothing was ever
heard. On other authority, we are informed that
twenty-three men left Panamd on the 29th of May,
1849, in a dug-out canoe, for San Francisco. None
of these madmen ever proceeded far on the road;
neither did many of them ever return.
Returning to our voyage by steamer. "Ah!" ex-
claims the enthusiastic lover of California, immediately
his foot touches the well-scrubbed deck of the Pacific
Mail steamer in Panamd bay, "such is California,
such the superiority of the new over the old. As the
Atlantic st-jamer is to the Pacific steamer, as Aspin-
wall is to Panamd, so is your cold, dull, eastern coast
to our warm, bright, western coast."
In due time a steam tender conveyed travellers
from the company's wharf to the steamer at anchor
some three miles away. On account of the tide,
which rises and falls about seventeen feet at neap,
and twenty-two feet at spring tides, the tender can
float at the wharf only twice in twenty-four hours.
Low water spring tides lay bare the beach for a mile
and
ofti
tics,
trail)
then
soon
adop;
on til
oftlu
.steam
ticket
on bo;
v.rty
rocurr
Califoi
(lotonti
sciigerf
a
of the
<'aino
(
"lljoy i
sense o
the est
TJiere i
Isthmus
the trav
Much
than on
an; large
passenge
«pwt it s
til is reeni
sliakiiicr I
so many i
Loungi
tlio upper
j'l all its s
^vith the t
surface ol
distance, t
t'AU
I^E-EMBARKATION AT PanamX.
then stepped fr„„, «,? ca„ t fi**"/'"", • l^^se.ifrora
S'|on on board the steanr TJ u '"''"'■' "'"' '"-'■«
adopte<l ,„ consoquence f *'i 'f '"■••a"genient was
"" the 15th of Anrn 18.?fi l^ •''""' "'»<=S broke Z
'f the armbal a.sii?ed 250 J-r ^ r'"'"'' ""-' "^g'"-^
^toamsh.p /«;„„,> while tlev^'''™'''''^'''-"'" the
tickets at the Panama ,1 ^ *"'''' Procurin.r their
"" both sides beTrknl 5 ''"''• " """''«•'■ of person,
'^rty was alsoKred irr'''''*^'- Much Z?
rccurre, of Vh scenes^,a '! '''''"''''• "T" «vo7a .
f ahfornia in future tZe ^^''^''t'^u*" ""^ fr<>m
'letention. Usually some tW ^f '"""^ «-ith«ut
mongers were settled .^"Lir 'r;:^T'i "^^^^ "'^' P""^-
"f tlie steamer, as the ba" n" f ,% -T *'"= »•■"'">«
eamo aft, r the passen.S'sf t'l.t I'"'"''*' »'«' ">»ils
""joy another view of tS ° '"* ^}""'<' was time to
»o"se of satisfaction and ;esTwh!;';*"P' "'«'''■• "-t
!je es aWishing of one's self n*.''''™^' ""^''ed
Jiei-e IS now „o more ehan L t,,*''l ""^ -J^-rter.
Isthmus are past; a fortS? V*'' ^'"''"•■^ of the
t'.e traveller Lis alm«uf e'eSS"". /' ^"•"•''. ""d
Mueh I'leasanteronthePaJil- l°'^'"'J"'"-"<-v.
t'an on the Atlantic, if fw ^VTS" """ally
; '^ larger and more comfortable rl'^'}^" "'^'n^ri
passengers, 1 ke the Pie fi„ ■ "''" temper of the
j;'et it seen,s almost hkebll^ "■'°"^''- ^" ""' ""
t "s reen>barkati„n at Pan'n i />"" *'!" •'"•"■''«v "new
jak.'.g up and re,«r^iS'';, 'i'''^'-' '^ ""■'' « Sonerii
«' many new faces came Zu, " '™"''''™ ^''ere
'".»" its glorious beauties t^ T"^ °'" before'y""
' .,'
194
THE VOYAGE TO CALIFORNIA.
city of to-day, and the tomb-tower of San Gcr6nImo
designating the site of old Panamd, which the bold
buccaneers ravished with such a relish ; the hazy moun-
tains beyond, with their curiously shaped crests — thus
quietly watching the boats come and go, the fruit-
venders dispensing their wares, the sea-birds circling
round the ship, and turkey -buzzards solemnly sailing
through the air; listening to the friendly waters which
lap the smooth sides of our monster vessel, with the
softly perfumed air that wanders objectless between the
sea and the low-lying sky, there comes stealing m upon
the senses a delicious repose. Up to this point, and for
several months past, mind and body have been upon tlie
rack about this California expedition. There were
the preparations, the adieux, the embarkation, tlie
voyage, the Isthmus ; then there is the remainder of
it, the voyage up the coast, the landing, the new lif ■,
with all its desperate ventures and uncertainties ; but
here, for the moment, is perfect rest, earth, sea, and
sky combining to intoxicate the senses, enrapture the
soul, and overspread all with a sensuous tranquillity
and calm.
At this time the commander of our steamer, which
was the Panamd, was that veteran of the Pacific IMall
Steamship Company, Watkins, called commodore ; and
among the five hundred and ninety-four passengers
were Mr Hutchins, Mrs Davenport, Gihon, Maguirc,
and others notable in the annals of California. Lato
in the afternoon of the 12th of March, the cluiiii
from the buoy was dropped, and clearing the islan<ls,
in an hour we came abreast of Taboga — to Panama
what Capri is to Naples, but more beautiful. Oranges
and tamarinds fringe the beach; the glass-green foliair;'
of cocoa and banana trees sweep from the valley up
the hillsides a thousand feet. Then we sailed clnwii
past Bona and Otoque, rounded Punta Mala, sonic
ninety miles southward from our anchorage, and were
fairly out at sea, with the warm bay of Pananul, and
its quaint, old, dreary town, wakened once a century
Jiidies.
"opolizc
on boar
f'f card
I^ants CO
^^anies
Three ei
hive socia
possible,
^rasp up(
the right
touching
ON THE PACIPIO.
^7 a Pizarro a M ^^*
sliower attended us. TW P"*' "«'>' « «mndcr
n-ily rain and Ji.-J.tnin,, . 5 T'^ "° *'nd to speak nf
P«.h Waste, „„ electrical wL clc '"P' *'W> ^""P-
7 ton-ents of Ji^ht streami, ff'"''; ""^''"■•'Panicd
rowed from hori^Sn tozS' V I" ^"''^'"'^ «%-f"r-
tremes of alternate pitch vwl I P' '"'t>^''*n tlie ex-
?4tno^;-rS""^^
Ven.guas,Tt:nd™c.:'tt'r "'« P-^-nto^ „f
S oa,ni„„ la.iI^.alo;<X*„: «' g-^nder "x-untalnf
tlio chariot of Poseidon S J ''•'"'' ^"te"^. like
"f the monsters of th "'/""" ''°"n<l "^ myriad?
"» eve,7 side, witl tt til' T""*^ 1"'' S-"^" ^
l"jed and the load before „f ''T' ""='""<' """'ir!
and observation seemed T ""* •>'''' P"* on time
"'f «ea. Gossipstor,! *° <'^P«'«" with the eJpaS
pater familias grewTocuTd . ' TT' '^"»'<^<' «<"-eriv:
p'mfort, reading ISZil *"i*'°" '"""^d towafd
'"p Pitoliers of ce^ pu'ch r"w '• ^''"""ts nJxed
'aAes. Gamblin,. Xb ■ !? «"=>-ewith regaled the
n"Poli=!ed the sa o°o'n b ' t '" '¥ earlier voyages mo
- board the 00^™'^;!"='''^,''-' ^^'^^^
"' card-playing in the sf!f ' •^^'^ tln'rewas plentv
l'a..ts could p,?,ble to tbit*?-''"''"''- ^''""■^ the occu
Ka.ne, obtaiLc on capXn't'T"*^"'' ""<' W
Tl.ree evils the law .eeurn!; >"'''■• "'"' flight
'"». drunkenness and f . P'"'^'^*« to control tramb
P'-«'ble, sliould let theSvu'"^' ^' '''^'' ^° «»* "«
g/aspupon him but t„ prew? ■ *'??• ""^ place its
'--.Which the law iZ^t^be^^Z:^
108
THE VOYAGE TO CALIFORNIA.
injury to another is a legal wrong whose proper prov-
ince it is the law's to check. With diminished at-
tempts at religious proselyting, a laissez-faire system
in personal morals, and less political engineering, our
civilization would speedily assume fairer and purer
proportions. Let parents and teachers build up them-
selves and the young in the strength of personal re-
sponsibility and moral rectitude, for in no other way
can certain evils be overcome ; then we may leave law
for thieves and murderers. On the steamer, bets
were made on daily distances, on the time of arrival
at any point, on the height or weight of any person
or thing, on the time in which coat and boots could
be taken off and put on, and on anything that hap-
pened to strike the fancy, however absurd.
During the long voyage there was ample time to
take a survey of the past, to reckon accounts with
providence, to apply the touchstone of experience to
natural qualities; a farther vision opened to the ejc,
sight was not bounded by the horizon. The im-
prisoned traveller saw clearly back to his boyhood in
a swift series of pictures like those which flash upon
the brain of a drowning man ; and when his thoughts
were turned toward the future, it was with a clearer
and more discriminating survey than any hitherto
made.
In these early days of California voyaging, there
were always two or three among the passengers wlio
set up for geniuses, self-constituted court fools. Usu-
ally they were young men rustically or provincial ly
bred, who were now for the first time absent from
home, and who seemed to feel that the time and place
had arrived in which their talents should unfold.
They sought fame in various ways — by much anil
heavy walking about the ship, by scowling, by swag-
gering, by boisterous talking and coarse laughinjjj,
and by practical jokes played to the infinite disgust
of their supposed admirers. Sometimes they were
joined by brazen-faced or ambitious young women,
^•OTUa TEALVIKO SCnoOL
and sets Wnnl^J u ^ '^
o«.H„ .„4?4:,tX:S^^^^^^ vie «,eH each
lo the refined and ,„„!•*•*''"'*% '""nspiruou.,
from which there C^nTeTl'T^^ «" '"AiS;
Wcas torture Of oU ai '^^^^po tor days anr? «r^ i
greater part of til™ t^T''*' •'^««P«ons ; bv if th!
well behaved, Z ^ZT.^'^ 'i'"'^'' o"-'! r^and
circumstances. ^ ""'^^^'^ the most tryino-
tiers, no band of inarhM-. ° Wnpany of coiir
f-amed to look indSn^iv"" '%"""''*■ "^ solZra
'"-e ealudy faced an a^"'L"" ''<>''">. could W
-Hi ""'^nt adventurers riei^V""' '"'' ''>««' >'»»"«
Ti^y were men ) '^""'^ ^""'^ «very nationality
"'"self was not conS?' a^ ^T'""? *''« P<>«»ei<^r
""ts are intensified or „MV ''«™'<'Ped. General
^-omes meaner, th^WtLe^'™*!!' "'^ mean „?„
-y become angelic, o'lauttftttt """ ^'?""
utptjis, accordmg
IC
198
THE VOYAGE TO CALIFORNIA.
i:ll!
to his moral anatomy or the chemistry of his compo-
sition, and the action of environment upon it all.
The prevailing winds along this coast are southerly
during summer, and northerly during the winter
months ; so that after leaving Punta Mala our captain
kept well in shore, which here is high, and hold, and
covered with rich foliage down to the water's cdga.
Passing Punta Mariato our course was still due west,
until we cleared the palm-covered island in the vicin-
ity, uninhabited save by monkeys and birds of bril-
liant plumage, when we took a more northerly direc-
tion along the shores of Nueva Granada, Costa Rica,
and Nicaragua, over whose lakes and rivers Gil Gon-
zalez and his crew crept so cautiously. The second
day saw us off San Juan del Sur, where those who
made the journey by way of Nicaragua took ship for
San Francisco.
By the Nicaragua route passengers disembarked
on the Atlantic side at San Juan del Norte, otherwise
called Greytown. Stepping from the ocean steamer
on board a steam river craft, they ascended the San
Juan river to the Machuca Rapids, where they landed
and walked a portage of about a mile, while the lug-
gage was conveyed up the rapids in bongos manned
by naked, long-haired, tawny natives. Above the
Machuca rapids, smaller steamboats carried them
to the Castillo rapids, where there was another por-
tage of half a mile. Then taking another and a
larger steamboat, they continued up the river to Saii
Cdrlos, crossed Lake Nicaragua to La Virgen, and
thence proceeded overland by mules, or on foot, to
San Juan del Sur on the Pacific, where they reeiii-
barked on board an ocean steamer for San Francisco.
The whole distance is about 165 miles, though in-
cluding the bends in the river it is oftener reckoned
at more ; 75 miles on the river, the same on the lake,
and twelve or fifteen miles overland to the ocean.
By the Panamd route, before the building of the rail-
THE NICARAGUA ROUTE. '
tt'- wl,„le distanefwaf?!. ?"?'^°'^'■='Nicaral"^I•
l.an by way of PanamT T,"-* ''"°? ""«» 'hoC
1855-57— the timrn" «i-k f "^'"^ '" '"tcr years—
which IhaveX naSd'-r "^"'''-'^ ^p"^
this series. His ili-Xfd J? T*'""" ^'^'''e of
tmns,t co,,,pa„y.s river a Jl^' °I "-"""^^"tins the
t» li.s rum; for by stopnlf «,» f If' '^""'"''"tod
passengers to and from cllff^ ^'"■*'"''' '™"«it of
d'lmved himself of t " oSv ^""' '•>' ""'^ "'"te- he
- inned daily by S rt.- '"''"'' ''''"™k3
bullets-witl, foreign rwukk r**'"?', '""' ''"^ti'e
was the roused veSge™f tlT''"'''"''' *° ^'"^h
aio„rsr™s^;t'd-™
Cbagres and across ?o Pa' ^"^°"*^*'«'" "P the
« an old Simish town com '« ^T ^''*" '^^^ Norte
'>"" and thatched iS^s „! » °f about fifty bam-
>»onts of later date, confainTnl »n!" .'''"«'«d tene-
I wnte an extren.ei; Sd "S„t *^" *"«« "f wMch
mndred. The towri isX„t 'Y"^"'"''™ of about five
^r a long narrow sTn> "of tdT'"^'"™*'"™-^
Arenas, whioli from thJ stLm . T'™ <« P^nta
'slaiKl than a cape, T « s 2 ''' ,""'''' """■« 'iko an
and uuhealthful and til """"""^"'g country is low
tufted grass and llrgrowttr-^'"?'^ '"attid w I
smooth-barked vineSSTree T,fY ^'* '"■•^* »f
gators, and monkeys claim? /"^^ey-'jumrds, alii-
-liiough steam was Pmr.l« "J"> ment ot the countrv
«f the §an JuanXr'trs™ ^^'^^ *■>« «^«S
tl.an in journeying ot th? OhT'''^ V'" '^"™f»rt
vhcel boats plied lom raoid i!^^' ^""'" stern-
'»te; into them we^eTrfven nJ"^""'' '^"^ «>«
ariven promiscuously, men,
200
THE VOYAGE TO CALIFORNIA.
women, and children of all classes, black, white, and
mulatto, and herded like cattle without privacy or
restraint, without rooms or berths. Thus were the
tired travellers kept for two or three days and as
many sickening sleepless nights; the decent and re-
fined portion continually hearing the vile language of
tlie obscene and blasphemous.
Some there were, however, who could forget their
discomforts, and lose themselves in the contemplation
of nature's magnificence. Canopied by broad-topped
trees, slender and white-limbed, with their bright
fjliage fluttering like spangles in the sunshine, by
lofty palms whose tasselled branches bent gracefully
over the banks- dow i to the water's brim, passing
Arcadian isles rich in tropical plants and perfumes,
the frouzy boat with its confused cargo of panting
gold-hunters, wound with the winding stream, round
among snags, and shoals, and rapids, up and onward
toward the empire of their gilded hopes.
Dark, deep-red lignum vitaB and caoutchouc, bananas
and plantains with their long smooth leaves, and
scattering sugar-cane with high tasselled crests,
shelter lovingly the mammoth red and yellow flowers
that fringe the stream. Thousands of black, brown,
and gray monkeys hold their conventions on both sides
of the river, and make their exhibitions on the trees,
leaping from limb to limb and catching and swinging
themselves violently, suspended by the tail, grinning
and chattering, and screaming in jubilant mockery to
the pitiful dirt-diggers, in whom they seem to recog-
nize a degeneration of their own species. Surely they
of the forest are fittest and will survive.
At an island eighteen miles from the bay, whose
keeper had a small white neat board house and a
garden, the steamboat stopped to wood.
Ascending the river, nature spreads out in broader
and ever increasing sublimity. The foliage assumes
statelier proportions; the forests are grander, and the
mountains higher. Pendant from the limbs of tall
O" THE WVEE SAN WA^. ^
tree to tree in irracofnlf f ^ ''°'''"'' extendi,,,, fr„,„
emllya.thrin^trWrd/:ft,"u T''" »''>•«--.:?
«■'-% of o,,,lles3 color IVi^^f''* P'^'-'-K" ""J «weot
;vl..eli is tl,„ brigh(cri,i ,?^"'''T™""«»™»■>g
At'c 'r''' "' W^k- ''^ ^ it«l"ng.fau.
about onTliffitytanl'""? ?""<' ^^^WIo. of
"ew by an old ruinTfortil *','''•''"."''"'«''"'' Ml
l'rese,,tcd formidab eM,nSt^^^^^^ >■» ifapaln,y day
of tlio river. Ti,ou„l. E "ri "",!"'>"<"}' ascents
pement tl,ere are sections „f KT"^ "C''"''k and
13 quadran.-ular tl.ml f ■ '" ^'""e- In sl,aDe it
embrasures on eitl,er side ^w\l^ T '^f '''«''' ^'th
tbo first section, are Zl ,>,n * "''■ '?'"' a'*^" «'itl,in
"■■e dark vaults connectd bv ^ ' ""'' '" *''« "'terior
were several hotels at Cast^lorj '^^S^'^"- There
times rested there for thrS'f "^ !««««'««« some-
^'^TX:Zfl 'f r *h^ ""» dwindles to low
at the Outlet o/ Lak ' Nrr^uf 7 ^' ^^ C^"-'"
fi'rt, snnilar to FoH CMtmo^« ' "'r," * dilapidated
Between the fortress a^^ lak??'" '^ ''"^'"Wable.
Ut N^ small thatched t': " " *°'^" "^ ""-"t
f ''t^^rS ~h7„Se e^ - sublimity.
Icnsfth by sixty miles n width ^* '''"' ""<' """^ m
*;;d crystallin.f basks undift' tn"^**^, '^''^■''°«ed
P^ple tone, and from its , weir ^T' '^i' "' 'ivid
niountains lift the,„"elit Zf"-- f""'"' '"»« and
sm„k,„g volcanic peaks K;"*" J'"^*' thickened bv
of the water is thSbert™;!.?"'" J?"' ^'-•^ ""*'
Its twn, brother Mad^™^ f ''""'° Onietepe, with
-e four and fiv^ SSd teb'"""/,'"!*'' "e^^
"'e lake, and whose Smf! "'"^ "'« ^"''faee of
■early forty ,«iles. 0„7t, w °'' "-' *' '^''' '«
S', a dirty little town with TJ " j^"'''' '^ '^i'Km
with a dozen dirty littje tlv-
202
THE VOYAOE TO CALIFORNIA.
eras, where passengers feed, and swing their hammocks
for the night. During the day one may bathe here
in safi'ty, as it is said tiie aUigators frequent this |K)r-
tion of the lake only during the night. Very kmd of
the alligators.
Across the narrow strip of land, the only bar to un-
inteirupted water communication bi'tween the two
oceans, travellers proceed on mules and donkeys,
women riding some siile-ways and some astride. The
ride is delightful. Half the way the road is level
and straight, covered by a dark forest so dense in
places that there seems scarcely standing room for
the trees ; and the interstices are so filled with matted
branches, leaves, coppice, parasites, and other vhics,
as In places to prevent the sun's rays from ever touch-
inix the ground. The remainder of the road winds
through rolling hills, then scales a lofty mountain, and
descends to the sea. Thirty board houses, shingled
and painted, stretched along the shore of a small l)ay
constitutes the town of San Juan del Sur, which
seems to be a cross between Chagres and Asplnwall.
As at Panamil, the shelving beach does not jiermit
the small boats to approach nearer than about twen-
ty-five yards from the water's edge, and passengers
nmst be carried aboard on the backs of the boatmen.
Hi' re steamers anchor about one hundred and fiftv
yards from land.
A hundretl miles north we pass Realejo, one of the
coal stations of the Nicaraguan line. The harbor is
a good one, being an indentation of the shore line
with an ish id at the entrance. Three miles from the
town, whic. consists of one-story tiled adobe houses,
and contaii a squalid population of about four hun-
dred person a dock has been built, to which ocean
vessels may ) made fast.
Thus the Central American coast is passed; and
thus racing with the sun, down toward the equator,
and up toward the pole, round by the southern cross,
PASTIMES OP rA.c8KX0KR«.
We Work our ^^
I V '"vciuc'u. IjovDra ufI. ■•o"*' Out and now
■-i-!l'"igto the iri„i,„t,„„„l .,,1 ?'""■" t" busi,„.„.
"'■''"S™, drinking iooc ,m >' *'"-*■• '■'"""•■^'. »ucS
the ,s;,ug<.„us traoTv- of i f^ ^.' , ^ "'"' """'Jf t„ tli,.»,
"".'I S,">U, filling i, ;"X *°'f'"- «-ith an.otln-st b, rW
,.^" t'."se sunsets ;rtu n/'",';""'^' E''"™-
re u™ „,„,„ «,^ ,,„„1»'- _ B ,.>,K .„ig,,t p,„,„i-'
ig <" the (,coan's brink if * "'" '^'^Y- I'au,
♦ '« plenitude of it"^,.' '"""'- «'"' fliM-s bark t
,^ -.OS the puny ^ffl,^ Xt t!"-"'-;'^ -"'^'- »• .i. b
•bvergnig rays im.t,,nion.Wn *? """"'"' "'«' «-itb itl
'■■■""tless iniigos, u.^rren 1 *"•' .''"'^•■<' ™l>"rs ,to
ol-ervor. nte^; valrs hL?' ■ "''■•'S"">tion of ;^
■ ™"' ti'eir author's deeliiJ „ j ™''>' quarter to
1^ departing gl„ries. I„'" L'^ ™*''' *« '"«"-e of
. -""• •^"^^ixautJiors deolnm « j -^^.m^. quarter to
■1^ departing gl„ries. I„'" L'^ ™*''' *« '"«"-e of
'■' '«'>'. -en in it, perfeetio^orrirt''' '"^''V
"•"i IX the tropics, tile
9M
THE VOYAGE TO CALIFORNIA.
i
I-
ti
I.
vital power of the sun is modified by the humidity of
the air which it has called up during the day, and
which tinges the celestial blue with dark azure, fills
the heavens with delicate crimson and roseate tints,
and turns the sky into gleaming gold. Solar fires
are reflected upon the surface of the agitated waters,
and all the west is red with slain sunlight.
The setting sun is almost always accompanied by
clouds, which, owing to the curvature of the earth,
though seemingly touching the water's edge, may be
two miles above the ocean ; they are formed sometimes
of ice and snow, and serve as specula in the display
of those prismatic colors which illumine them as they
wreathe th.emselves into innumerable grotesque pic-
tures of mountains, animals, cities, and every form of
imagery of wh.jh the mind is capable of conceiving.
Ranged in the direction of the wind, in parallel grad-
uating series one above another, they sometimes over-
spread the whole azure background from horizon to
zenith, and draw themselves out in long strips far
away toward the dim, leaden east, each rank increas-
ing m brilliance toward the west. They heap them-
selves in huge billows of roseate vapor, or in mountains
of sombre gray fringed with coppery crimson, and
then go cliasing one another with endless evolutions
and transformations along their blazoned course.
Breaking into detached masses, they assume various
forms, a grand old temple, with arches and colunms,
from whose holy of holies flames the fiery orb as from
the veiled shekmah, bathing the ocean in a halo of
glory; a castle crowning a rocky clifi\ with turrets
and battlements, with moat and walls and pennon-
bearing tower; a magic city, with gardens, and pal-
aces, and glittering domes and minarets ; forms of
cool, inviting groves, majestic forests, meadows, and
grassy knt^lls; home scenes, the house, the barn, t\\v
table spread for tea, with the well-known forms of
loved ones gathered round it ; the fancy-pictured gold
land, whither tends every thought, and of which all
SUNSET AT SEA.
"P the .»toep'a«,e„T't™s' 'f"f-"^ '""'» ^S
waters, ij usive Jftk^«\. 1! !^ * cascades of tuiuLV^
the inverted trees anH ^''*"'^ "" «^«Jr linVpid ^ ^!'"°
^on.; with htrrd 'f;:r^nr''f f^^^^^^^^^^^
c'ophante, hydras 1, "'' ""^stretched tail- ?
'"'gfi..atio,. pe„ci?"""S ""^ heart can feel™ tJ,e
wluJe from beliind an „™''r*5 '',*''« '"^m^^,^
all nLt "!'""•'' "ito brown Jv I, n! ' f* ^'°'<'t. and
I • "orthward and soutI,w„r) " "''"^e and over
«ky, hangs a gauzy "'7^'*^' "^'* ^^and olouds and
»'>^esof^ft,«,i/J«.;.jn ,nany several blending
"■'■«■ a plungf ;Yfe fn' "'"'"?' """ *•>« ^e-'s brink
ffn stea'mei'rXS^-^ovvnj.and as tlfe £'
vesem % yet glow; f^f^^^''^.'^; and while tife
'""n the gray east, silentZ „? ,'^'"' f""»"-o fires
r^«eps „p, coquetting wrtlff,"^ unobserved, the ,„«,„
'- -^- on.er e:L^;^Xwr s!!;l;'7,s
206
THE VOYAGE TO CALIFORNIA.
dignity upon the dancing waters, whose undulations
transform her wake from a steady stream of molten
metal to broken bars, as of a shining ladder leading
heavenward. Therewith she pursues her modest way.
The rising sun — paling the glories ot the southern
cross, and as enchanting as the sunset but for the ab-
sence of evening vapors — few lovers see. Those to
whom the sweet joys of courtship are denied, the
married, and the hopelessly incorrigable, seek other
pastimes. Amateur theatricals and sham trials are
instituted, in which no small amount of talent and wit
are often displayed ; stories are told ; politics, science,
and religion discussed, and home, and California, and
gold-getting talked about Some western adventurer
holds breathless a crowd of listeners while he spins a
yam of thrilling deeds among the savages, and of hair-
breadth escapes; then another undertakes to cap the
story by improvising a more startling one, and so the
fun goes on. The 4th of July, Washington's birth-
day, and Christinas were usually observed; on Saint
Valentine's day a post-office would be opened, where a
list of names was posted, and missives dealt to merry
recipients. Some endeavored to sketch the coast as
they sailed by it, others to cut its outline from paper.
Suddenly the steam-whistle, with a long shrill
blast, sounds the alarm of fire, and the terrible cry is
taken up and thrown from one to another until it
reaches the uttermost parts of the ship. Pale faces
flit to and fro, and trembling knees stagger no
whither. For a moment all is hubbub and confusion;
but soon every man is at his post; the hose is un-
coiled, the water is turned on, the decks are flooded,
the life-boats are made ready and the life-preservers
dragged out. Some stand by, ready to lower the
boats, and others with pistols and cutlasses place
themselves on guard prepared to strike down any wlio
should attempt to jump into them without leavi;
others with uplifted axes seek the thrice dreaded foe
^M ALAKjf.
*o cut away thp r-;. i '"'
pump, ^'.ne Jook aCihe"" *'''"'' " ''««<'«■ Some
^?nger^ i„^ a fire bXtl Sf",'? ^o^ain of thet^
was three-foU • fi!t^ •! ^^^ benefit of fM^ J • •
a...use„,e„t. '^^''' '"''™. and mmiyl^X^
, » ^^emng bestows by far rt^ . ,
rolled' ^Tr"' tweniyXt T*- 'Ifs'^*''"' h"«rs
aft!. *?P' "■" ™ff'ncati„g b rea«, f ■" *'"' *»''""? is
alter the sun, and the fresh^ f ''*■>' ^'"^ westward
water t„ the parehed ton't T? '"^ "''"■ ^^'eon'o as
gathernig lustre with the^ ,^1 • '^""^ with stars
tile great concave fmm\^^"''"« "'g*", and liZf;
S^nSVlSred!!:-^^^^^^^^ I^^'^f
™ys--,s now lun>inou w th „,"'' T"^'^'^ ''J' "'« S
'« the romance of sea-vov3 '^^'■"'''«"* «■•«• This
Occasionally the encn^'-« J'' "'? P-'^'O' of trave
to renew the wadding rf l^Pf '° repair a valve
now beam— by which^l i P'"'™, or to nut i , '
a
f ' , n
208
THE VOYAGE TO CALIFORNIA.
tkr
times preach, if not, the purser would read the Epis-
copal service. Every few days, after the waiter had
put the rooms in order, the captain and steward
made a tour of inspection, looking into each room as
they passed by, while the waiter followed in the rear.
The kitchen of a Rotterdam housewife is not more
brightly polished than the cook's galley on inspection
days. Lighted up at night, to one viewing it from a
distance, the steamer looked like a fairy floating
palace.
Some few were suffering from Panamd fever, and
one poor fellow, a young man in the second cabin,
died. It is a sad sight, a burial at sea ; sad m its mo-
nitions, and sad in its suggestive retrospections; sad
in its summoned thoughts of hopes cut off, of riven
hearts and wailing homes. The body was sewed up
in a canvas shroud, and a shot and some pigiron at-
tached to the feet ; it was then placed upon a plank,
one end of which was extended over the ship's side ;
the steamer was stopped for a moment, a prayer was
read, the signal given, and the body slid off into its
liquid grave.
Skirting the low, abruptly changing shores of Guat-
emala, its huge volcanic mountains are seen in dim
outline rising from the plain of foliage to a height of
thirteen and fourteen thousand feet, with their grace-
ful cones seemingly smoking within a veil of mist.
Here we met the steamer with eastward bound pas-
sengers. The ship's officers were looking for her.
At first nothing was seen but a column of black smoke
rising from below the horizon, then the smoke-pipe,
and beneath it an ink-spot not larger than a pea-pod,
which stood for the hull. This black spot gradually
enlarged and assumed shape, until it loomed high upon
the water, a bellowing monster flaunting its finery not
a hundred yards from us, with its decks crowded with
men and women waving hats and handkerchiefs.
Guns were fired, and a boat lowered to make the ex-
changes There is much that is grand and impressive
THE MEXICAN COAST
in such ft meetiniT • , **-'
s'^em to sit so prouWr T ^"^« ^n ocean «f
seen from «„^f i ^'^' ^^ ^wd it so ?Xi ^^^ainer
^lottest paf t of ?M ?^ ^^^^^"aiitepec we enf
doice fir l;rf ^^^^^'^Vand tCLf "' ^^^° ^^^
this, had o^Tfi7L^«^^^^^^oss merrdL„"s"r/"r ^"^
"re in them tV "^ '^^ «ou^d take nn% ., ^'^^' ^^^
^ eu;se",Jv%T'^ ^^ot^o^et''? ^^^^^^
a bni' whlnj y' ^^'" upon u«»- ih \/ ^ languor.
Came in si„j,t tv. ""■«<'tLi„„g
tto right von t^ T ""^ '^ft. anclat "ffr'T^ *«
and Vou will . . *"® buoy. XToto i ^ *"e
»W mllt" ?. "?*«'• place of exftn^ ^""^ "'■'"'»<'
'1^
210
'XHE VOYAGE TO CALIFORNIA.
is another entrance, which, though deep enough, is too
narrow for safety.
This port, the best on the r/estern coast of Mexico,
and the half-way station between Pananid and San
Francisco, can safely harbor five hundred ships. It
is part of an inunense basin cut in granite rocks — a
coarse-grained granite like that of Fichtelbcrg and
Carlsbad, toothed and rent like the Catalonian Mount-
serrat. Its shores are so steep that vessels can lie
{ihnost under the chaparral that overhangs its banks.
Surrounded by mountains rising on every side from
six hundred to three thousand feet, the listless ocean
air seems inadequate to drive out the pent-up exhala-
tions from an undrained swamp filled with decaying
vegetable matter ; and the town, which has the name
of being the hottest place on the route, is considered
quite unhealthy. For weeks the tliermometer stands
at 120° in the shade at mid-day. In early days a gap
wa? cut in the hills to admit a current of air ; it was
also used as a roadway, and thf; great gash is pointed
to travellers as a specimen of Spanish energy and
capal)ility in the olden time. On a strip of soft white
sand encircling the bay grow cocoa-palms, their long
green arms and smooth stems bending with fruit ; and
the amata, or tree of love, offers its umbrolla form and
magnetic influence to all who choose to avail themselves
of its ravishing shade.
Time was when this port was more famous through-
out tlie world than that of New York, or any otlicr
along the border of the firm land of America, if we
except Vera Cruz and Panamd. Under Spanish ruL ,
it lay in the line of travel from the Philippine islands
across Mexico to Vera Cruz, over which route annual
caravans of loaded mules carried the wares of Cljiria,
Japan, and the Spice islands, thence shipped to Spain.
Enjoying a monopoly of the Manila trade, it was fre-
quented by galleons which annually dispensed their
rich cargoes to merchants who flocked down from the
':;apital to make their purchases, and who at the same
ACAPULCO.
dred leagues, travellT„n?.i'''''° ,''''''»" «"« hun-
;"»"'?> The road is ffi;> Paek-muie, and saddle
»"d.ts than that from Mi*"' ^^Z"''"'"""*"'' h
*'""• "'« ^ame winding wthl an *f " '" ""-^ ''i'''''--
conveyance over them'b^„„ e,nnl "^ .'"""' "■«»»« "f
tamed m the days of C„S ^ ^■''' """ «>«* "b-
t-n Sn*!;1sl^'~ a busy population of fif. ^
"f three thousand. Tim ^, i ." ''f"'^*^' '"ert town
I'ut the business h nm^}J^^^t^T '« h«ter„„ene u"
""d Europeans. ICl^'l" *''" 'i""''' "f A»,eri™ns
of animated traders olfi''ft'' P'-"*^' *here .-rmn"'
:'"o" seen, and on i.eTarml *?'''• ™/' S^'-'We'^^s a '
;i« from it are situa ed h™ L"'''"?".'" ^"■"'*' ''ad-
tilod adobe, stone and J j ^."'''■'''a''tial houses „f
»"d bc.fore;hich dei-rf "' "'"' P=''"-Svo:
nnd rain, The shops S, ' /"■"•"■"t^ftion fro„, su^'
are da.=,lingjy white'^'i'l rVr'-"^"-<'wellin""
"'■*-■ y The tun,blinlQls of '"'"*'"■""• ""at am
<cup,ed, give the appeararce J t^-^V^nts long u„-
«-'s a mnnature ship to assist tl^ fi-o,„ the ceili,,,.
It was half past eighnS, nl "^^^ "^ "tailors!
JWeh I9th when the /^„„„,; « ?", *'"^ «^«>ing of
P"'<o bay, and there we mS Id . 1''' ^^ '•» Aca-
Soaroely does the steamer e™l1 ""td noon next day.
rrounded by canoes ladeT with f"'"!"'' ^^'"'<' 't is
. nnmg from various parts „ftf 7'*' "'"* «'""«
212
THE VOYAGE TO CALIFORNIA.
shell-work, and are often paddled by a woman with a
cigar in her mouth, while a man or boy attends the
floating shop. Traffic is conducted in this wise:
Ranging themselves along both sides of the steamer
tlie dark-visaged venders lift up their e3^e8 and voices
to those above inviting trade. Armed with a basket
or mat bag, to which is attached one end of a long
line, they throw the other end up over the guard.
Whoever wishes to make a purchase takes the line,
draws up the basket, and puts into it a piece of money.
Then loweringr it to the boat and intimating what is
wanted, the seller takes the money and puts m the
basket its equivalent in wares which are then drawn up
on board by the purchaser. Tired of this you may
amuse yourself by throwing dimes or quarters over-
board, and watching the naked tawny-skinned urchins ;
who float about the ship as in their natural element,
dive and scramble down into the transparent water
ten or twenty feet, and come up porpoise-like, puffing
and blowing the water out of their heads, with the
glittering coin between thumb and finger. Seldom or
never do they fail catching it before it sinks very far,
and holding it up to view for a moment they throw it
into their mouths and watch for more. These boys
will thus remain in the water for hours without any
support save that which a slow fin-like motion of
arms and legs gives them, and despite the sharks to
which one of them is now and then sacrificed. To
him who has made the voyage, the bare mention of
these little incidents will call up a thousand associa-
tions which will enable him in some degree to live
again the time that formed so important an epoch in
the life of every Californian.
While the steamer is taking in coals, cattle, fowls
fruit, and water, which occupies several hours, you
may if you like go ashore in a boat and visit the
town, less than a mile distant, in a recess of the bay.
Near the landing, and on the shady side of the plaza,
you will find spread out on tables and on the ground
"UMPSES AT MEXICAN UFR
fioad a necklace, at the 1ml • thr„ws over ,0'*;'
«'t, but should Jou et TrL""" '"■'''"S. it is a C
«..ne far before the co4e eoW iV"" *'" "<>' m' J
lesires a present in return a'' '?'"".*' *■»•'« u,, a, j
lx= served bv a female iJ^' ,^ ""o <Hnnw usLi t
'■""k and virago At -T^'l ''''^'touratcur atot
-■'"ke.andsip^Ta^i"?" '""ngo i„ sha^ n"!''
substantial .til), Ihoulh "rruU '^t'""'' ''^id I J
sonod by one „r two eonimnL /' '^ "^ual'v "arri
"Miers with heterogenoTun,? "^ '^''^'^ barrfCd
■■«s anns. In a clSir "nZf • "'" "'"' "'"'ost wor ,
'"wn there is del^XJT^ **'" ^'''oam back of Vt
tl'f stand on he S'^l'' bathing, but thet,^ riS"
";»ko it an awkard posi, ilf '" '""«'• -^^>^tu
Pl-'ced in. Oecasio,,olf " " ""x'est man t ''7'
™ <■„ previous to our arrival « '" *""' '■'''»^''«l tc\
- been contributed ?or h 1 reli:;? ''?''"«' <'*-
214
THE VOYAGE TO CALIFORNIA.
cjast, and others with intentionally running his sliip
ashore. All the upward bound steamera were crowded,
and were unable to take on board the shipwrecked
passengers. C. J. Dempster, J. B. Crockett, J. Mc-
Dous^al and wife, and thirty-four others, men, women,
and children, succeeded in securing passage by the
Panamd; the rest were obliged to wait until a vessel
could be sent them. There were in all about eisxht
hundred, passengers and crew. Four hundred had
taken passage in sailing vessels and steamers for San
Francisco; the others were in a destitute condition,
and subsisted on contributions. There was much suf-
fering among the women and children durini; their
march through an inhospitable country, and while at
Aeapulco tlicre was nmch sickness and several deaths.
After some delay, the clipper ship Nortlieni Lifjht was
sent by Mr Vandewater, agent for the company at
San Francisco, to their relief. Stockton matlo a
movement in their aid, and Mayor Harris of San
Francisco called a meethig on the 29th of Mai-cli —
rather late, one would think, but better than never —
to devise measures to render them assistance. Many
were inclined to censure the company for their dila-
toriness in despatching them conveyance to San Fran-
cisco. One hundred and twentv thousand dollars, it
was stated, had been paid by the North America's pas-
sengers; through no fault of theirs, they had been
thrown on a foreign and unhealthy shore, and now
tlie company were loth to spend a few thousand dol-
lars to save their lives.
Next day we were at sea again, carrying with us,
as it would seem, half the inhabitants of the ocean.
M^'riads of flying-fish skim over the smooth sea, flash-
ing their silver tinted wings as they skip from wave
to wave, or break cover and fly away. Sharks dart
by, leaving, if it be night, a phosphorescent wak(\
broken and luminous like fiery serpents; porpoises
and dolphins leap and gallop along, and play about
the ship, following in its wake, or trying the metal
MEXICAN rORTd.
oHheir heads acrainst fJ,«f r ., '^'
-go turtle is Cl'ati^'i 'r"*"^*^r- »-« a
'uge, snorting bJackfisr^^Jnl. •^''^^r' ^'""^^^r a
^;':^- '"g and 8Woopi,MM fj'^' ^^'jterspout. S.a-birds
«iHps wake for tJ,iirC£t'"'^ «"ther wateh til
iiiore are tJiroo Mov,' „
«»cl the gulf of cXnia^aTtKl^''^"^^^-P"ieo
« earners son.etin.os Ch M.^^^'^A *^'^ ^^^^^nd
hundred ivilvs nortii of A T"^^"^^"' »«'"o four
^- n, opposite Ca])e St lZ, ! , ^'1 1' ""''' ^^^^^^*^-
aJ^ove Sun Bias. Manzlnni ^ ^'""^^'^d "'iJes or so
tl.roe huiidrod soverd l ' i"" f -"^ ^'^''"'^'* <>^ P-rhans
P-t of CoIuna:Tte'"; ^ "'l'^^^^'^^- tie sT
J'^dts inland. On n ^ t^ ^^^^^ seventy fiv..
"oarly alivajs oivoroW S '°''' "> 'icisrlyt is
Trc. Man-,./ ida,.:;^-'^ -f '-»«;. L»vi„^ '^
;';-' ™,)ciy t,.at^;^:;f , ; , X ;:, 'r, '"""■-' ^ot
l';<-t">^«)ue port of MaLt^^™^'' "'«'"»d it. Th
"tl'erwise unbroken swX.? t," '"'*1«' f'"'" the
'\';|eh tJ.e sea dashes t'V "^"""1 ■•""' '"tweon
*'"'". is safe, ex-ccS from , 'iT"- ^''« ""ehora.^e
P"aehing the l,arbjr the 1?.'."'*'"'*'' S^'''^- <>" a°P- '
'" «ie dark rod ohffs oL"T ?' '""'''"'' "'"' '»■■>"'
K";en transparent waer7j„e;rr'.r''',,»""«3 the
!■ eturc, with a dim back , 'o»n-l /"^ '''"' " *'''te
J amtlan is the most imno'',S^t''M ■"'™"*''"' ""«•
"'« Pae,fie, and displZ^?!- Tf '",?" «™i'»rt on
".mnerolal activity i ^' \,S '^T.f "'' ''^'*'"« ""
12,000 or 15,000, the climate" e'altlntl ''?"'"""" '^
"caJtii^, the liouses sub-
316
THE VOYAGE TO CAUFORNIA.
etantial, and coated with dazzling white or straw color,
and the streets clean.
Crossing the gulf and continuing our course, on the
27tli we meet the steamer Neiv Orleans bound soutli.
Past the surge-smoothed granite colunuis, caverned
rocks, and high white beach of Cape St Lucas, and
out of the intertropical regions, and the temperature
changes ; particularly in summer, when the traveller
leaves the warm southerly winds of the Central
American and Mexican coasts for the cool bracing
northwesters and chilly fogs of California. And
with the climate scenery changes, and desolation now
marks the border of our way, hitherto robed in re-
dundant vegetation. The forest-clad Cordilleras of
Mexico disappear and the treeless hills of the penin-
sula come in view. Approaching the colder regions,
the albatross turns back and we are met by myriads
of Mother Carey's chickens, and graceful gulls which
follow the shij) for hundreds of miles. The southern
cross dips lower and lower until it finally disappears,
and the north star rises each nijiht hiifher above the
horizon. Droopmg spirits revive. White linens and
blue flannels are packed away, and winter woolens
and thick clothing substituted.
The coast of Lower California as seen from the
steamer, presents a series of openings and headlands,
with now and then volcanic mountains, and unbroken
plains of vast extent, reaching far into the interior,
all basking beneath a fervent sky. In places are
rocky steeps over which are scattered a few cacti and
some distorted shrubs, with more robust vegetation
back of all, and now a) A then a fertile-looking valley
running inland. Tiie islands of Santa Margarita and
Cerros lying near the mainland present rather an un-
inviting appearance. The country, however, is more
attractive on nearer acquaintance.
And now our eager eyes catch the half-transparent
hills of Alta California, but before we fairly reach
SAN DIEGO.
them we turn an^ « ^ ^'^
»■'« placed LnTfi "■'," t»-oaM,. whn'^t, *'" ?"»"'.
''^ «aiied into it % '"^l?"^ ^"^ ««, and tJ.lr -^^
\ "^"ver encountered M '' ^"^ "^ ^^'^ severe f ?^'"''
^'"'uu-h oiir^ . % 'fc vvus cloo.l, • T ^^ Storms
out in f^P'^'^^^^^P^ic vision fts fT' ^^ *^'^^ accursed
218
THE VOYAGE TO CALIFORNIA.
fill
a prairie bison, the ship's bow pointed now upward
toward the sky, now downward into the depths.
Responsive to the sh?'ieking blast the phosphorescent
waves reared tlieir crests on higli, clashed one against
another, and breaking into foam shot brilliant streams
of spray into the black air, like flashes of light from
a luminous snov/drift. Fearing to be driven to de-
struction before the wind, the steamer's bow was
pointed athwart the waves, and tiiere in the teeth of
the storm the utmost efforts were made to prevent
her beini; cauyjlit and overturned in the trout^h of the
sea.
Returning to my berth, and bracing myself and
holding on, I lay listening to the creaking timbers
and straining joints, to the thud and rattle of the
waters against the ship's planks, to the crashing of
glass and crockery, and the clatter and bang of loose
furniture and baggage, sent hither and thither by
every lurch of the struggling ship, to the shouts of
sailors, and the nnngled moans and blasphemies of
passengers ; watchhig through the slow hours for day.
listening for some break in the beating macliinery
which should leave us at the mercy of the waves,
wondering if ever I should see the firm and beauteous
earth again.
Dawn brought only increased fury to the storm.
No tables could be set that day ; indeed, there was
little thought of eating, for long before the tempest
had spent itself the ship was despaired of, and such
passengers as were out of bed were beaten about like
footballs. All loose canvas was torn to shreds, and
boats were splintered and sent flying from their fas-
tenings Clothes went a drift without their owners,
and half-dressed men and women staggered about in
dismay and confusion. Heavy seas were shipped in
rapid succession; the wind and waves swept over tlio
deck in a hurricane, and to add to our distress the
ship, though comparatively new, had parted lur
seams, and was leaking badly, so that all the pumps
STORM ON THE PACIFIC
unfa 'eZ,t:r r*. ^-« -- - "
bottom of watery sulehes 17 '^"^i '"""'^"'^ "* tl,e
her beam enda, sea;^,e„ cfu„rt„ H, ''' • ""?"* ''"«''' »»
iivea """'g to the rigg,„g fo^ (.,,^5^
%-.f(irr w,etr g::^„x ■''/"^ *>-'«•-*
«""(! had increased until ttetZ/"'' '*'=''*'.>• "'e
'"|ig imrscd for wortl.v n. ■ "P'f'et' sea, in wrath
''"Shty unrest; therrJsSr:;"' ^''"°'' 't^elf i„ ^
tiio .stonn culminated in a fre.T" f".' "''"' " how],
away toward the west u fder t "T n^ ^V' ^'"^"'S
fi<;;g clouds, lookin,, quickh w, n •ir''^""' '^'4
t»nlv balanced herselfCsome f' ' ■''^ *''''P '"""'™-
air, looking far away, as IrT tif"* """8 '^"^ high in
«here the low scwhUh^ivI '"•>''' 7"''' '''■''"h, to
where air and water wlpnedX^ > """"" ""*■
«'aand sky were one, 3 I ± '"'r'' *'«^"'"' ""d
sierra a succession of nJli„„T. '^'';"' """"' high
and splashing clift. Sfw ''^'^J «'a.ssy guI,h-3,
perhaps, hundreds of nX^ "' they can,e, born
™hH,g after them, roar™ LTf ' ,T" ' "'""^a"'!
ful as ,f to overwhchn us." TholiW "f""'' "™'h-
I stood was no more to the , I ''"!' "" ""hich
t" a whirlwind. Tl,en L i *°." * ''uzzin.. flv
•"t" the deep smootl UnS"^"^ ''^™"""Sf ^>""^
"Pward, beheld on either T ™"""' "'"' '""1<"'S
""■""tain, with tremb n^ d ■ * '"•'*'"^' "'"'ten
"aele, with aerriedu"^,if ".«"»<' «''*-""'^' Pi' -
t"o„„|, and ahnost per^^ ic„ . " 'iTT'' ••"'" f'^"
stieaked with stri„g/fi,i , ' ^ I J'^'^^'^'"'-" "alls
t.ent avahanche leaped t o' ,b f, '"f-'.T* """'^^ hnpa-
'I'"." I'e laboring slip W ,w " ?i„"'' ^'^^ "''"' " "rish
looked again u,,°, (,,'„ ,;^ '"; ' ce nmre uplifted, I
-toll waves, beautiful " teir e " ""'"' !""' ^^a«s
now r,s„,g V ,„ mountai s now n eT.-™''^'"'^ '"'"'^'
then turning, surge meetin J sT. 'f """ P'ains
terdance; and now come, t^ "." '" f"aH,ing c.-uii-
'"« brine swifter;,: rDiitrtr'-T "'"-^^■
'anas dart, and seizmg (,ho
220
THE VOYAGE TO CALIFORNIA.
chafing main beats down its wild roaring breakers,
holds the crushed waves in fierce embrace while yet
other howling gusts sweep over them, then relaxing,
stirs up the levelled surface, smites the atrugglin<r
streams into dust, and breaks the liberated waves into
IVaojnients swirled off in surge-flakes into the leaden
air.
As I have before remarked, the petty annoyances
of travel try temper and discover the varying play of
light and shade in character. Now a storm at sea
tries men's souls, and discovers to each the measure
of his manhood, of his faith, of his courage and cal-
lousness; discovers to him the realities of his religion,
if he has any, the povert}'' of his hopes if he has none.
And like all phenomena througliout the realm of na-
ture, there are no two human cliaracters alike, and no
two manifestations exactly similar under the influence
of fear. In this instance, throughout the night, and
during the greater part of the day, some slept and
snored on, others lay awake in their berths, nmto,
and a[)parently indifferent, others, greatly frightened,
clutched their beds and groaned. Some, throwing
themselves upon their knees, poured forth petitions
to unseen powers, now in dismal howls and now in
intelligible prayer ; others were so smitten witli cow-
ard fear, so hopeless and helpless, as scarcely to know
wliat they did, and mingling incoherent oaths and ex-
clamations witli their pitiful cries, they looked ateacli
other and shuddered, clasped hands convulsively, gazed
beseechingly upon tlie merciless ocean, and let fly their
thoughts back to tliehome thcv had left -and forward
to the California their hopes had aspired to, and which
now seemed a million of leagues awav.
Not onlv did the storm severelv tax the strength
of the ship, but it made such inroads upon the scanty
fuel that there was gieat danger of our being left
exposed powerless to the fury of the waves. Our
captain therefore about noon this day, which was tlio
28th of March, came to anchor under the lea of
Monterey.
a low island, and aft., tu ""
dence of the wind for over s^rt '^""'"g **« ™bsi-
night oa^'et^'wltrf"^ "T^-^ i^if and anoth
the iowerin, sCmZjTr.f" "' «- "o"
Once more nothini, canTJ ! " *'"' ""qniot ocean'
tie darkness and the t- m* ^ waters; yon f„„"5
^ O, sinking ,s as the sii.l-;„ ? . * *"" "'aves ■ and
. ,;; "'"f wave that striSmf„„"«° ''f F^^''^- ever3
'■■K locls upon the coffin ' *''" ''**'' '« like fa]f.
^^''''^C'&Z^r -" -- "er passion
F'om the ocean the Cwl ''''"' .'"*" hazyCrDfe
I"':;' '•ugged barren sea wa 1 /"*'' '«'''« like tSt
■
'1
1
ri
F
■1
If:'
1
$
i
w
a,
i
222
THE VOYAGE TO CALIFORNIA.
the sometime famous capital of California, which
point we reached at nine o'clock that night. A
shelving point, Phios by name, green with waving
pines and terminating in black rocks, marks the ap-
proach to Monterey bight, an indentation of the
coast, scarcely to be called a harbor, yet generally
safe f(jr shipping. Rising behind a town of five hun-
dred inhabitants, of spacious well-built tiled adobes,
intermixed with dwellings of wood, with government
buildings, and a fort on an eminence near the water,
is an amplutheatre of wooded hills glowing like an
illuminated p"u»rama in the warm hazy air — the
whole forming i ' ely and picturesque a scene as
the sun shines on.
ThK)Ugliout the next day all hands were busy
chopping and taking in wood. Setting sail at half
past nine we prepared with some nervous i/au'le de
cocnr ft>r the last night, that most joyous of all nights
on shipboard. By daylight next morning, which was
the 1st of April, 1852, the bold rugged clifts of jioints
Lobos and Bonito are in full view, the lonely Faral-
lones stand sentinel on our left, while northward
in the direction of Point Reyes stretch the high
rockv ixalleries of the coast which bound the sea to
its very edge.
Slow ? The sluggish boat seems scarcely to move 1
The lazy wheels slap the water in aggravating dor-
manc}", and between each step of the walking-beam
you ma}' count a month. By far the longest hour
upon the route is that when, with adjusted rigging
and slushed masts and feed waiter and lut;<jfajje read\',
we watch wath feverish impatience the slowly lessen-
ing distance between us and the headlands. It was
in order, the day before this last, for the captain's
ftivorites to prepare a fulsome testimonial for gentle-
manly conduct and able seamanship, to be publisheil
in the daily journals on landing ; while those who
fancied themselves to have been ill used might cliaiigc
their muttering curses into bold charges, and talk
SAN FRANCISCO.
the eh„,,,,i, k„ betwoof tl rt- 1',"' '■"""'^' ov""
to s of tlie Golden GatP^il, . '"?.'' •^'uff-bouiul J,/
W K^ scream, then si,?,, e'/ a ,c t ,1""' 'i'" ^'''rti^'d
"ow ,u,esce„t under anl ' ]"'' '""' ^■«""»- sa;id
or" gauze, ehoer. fi,,", ' ^ oZT'' '"'"'^ "'■' ^
■m K ."'""'•*''« "-"tor and T,^ ."/P"" «'« «!'ore
<'"tl boats come al„n.r,i,f' ,, ''•■"""'crcl„-cf:, wave
«'nyard to tl,o wharf ,° 1 *.'"^" ^'o i""vo ,l„wl!;
Out of the pij;;-; : f„:'"-J"«™oy is done. ' '"'^
me of a glowi„./s°„ p f ■-"■ '"*" *'"= «oft war,,,
.0 never Vict =,: ITSZ""""'"^' »«• "-
"W from tlio tables with tl,!' f '"'f'^tiNg sn,e)ls
"okroaebed cabins, aS hi dh.^'S'^r ''"«'• ^om
j"d dishes, on to the firn, «rou^ "'"'.'•'^"ter of g„„
'ah and clean linen, and ^iS, T'"' "'"' '»'" a
«Kfast; away from tlie horriw! f ^' ?" "H'etizh...
'■» osolo,,o^becp],aunt«l f n,f , '^^^ "^^ *' irh wS
"«' "«'-se jesters, and selfis '^"'■"""'«'«l .wearers
ami^ff 1 '''''"''"S "'Others i,d *"'''"'/'"' "'.""g
-e so lately clo.:^n cd j r.'"™ ""'' *™Patio s'^
'"""g their thirtv-dWvn, "'"'"" '"'pes and peril
^-«-. The bond T.S'Sottor^"' '•",' *'-
1 equality accideiitaJly
ill
224
THE VOYAGE TO CALIFORNIA.
made is forever broken; now money, not steam and
iron and plank, is God.
Asliore I Never have I experienced greater pliys-
ical pleasure than in the first hour ashore from a long
and tedious voyage. Every pore of my senses drinks
satisfaction ; head and heart and heels unite in speak-
ing their content ; it is like an escape from prison or a
release from purgatory. So am I in California, the
lovely, the golden-dreamed, the wonderful 1 Looking
over the water toward the east, I see through the
subtle violet haze, the land before me like a land of
promise; mountain, vale, and bay glimmering in a
flood of saffron sunlight, zoned and studded with bright
emerald hills — gold and green, significant of the royal
metal in its veins, and the elements of the rich har-
vest hidden in its breast.
Iiivei
erit.
So
some
even f
state.
Son
Sj)ania
temple
f<»r a f(
troasui
down t
cold di
ever be
roirion
Ki J3orJ
giJt sJio
J",!,'' at a
lantern
t^io rain
was not
The t
far as an
into sobe
Some say
[ey. in G
because i
Caj
CHAPTER IX.
EL DORADO.
Inveteracct lioc qucxjue ; et quod hodie exeinplis tueinur, inter cxcin^Ia
erit.
— Ttu-ilu.i.
So they called the country El Dorado, The Glided;
some of them so called it not knowing; why ; the name
even fastening itself upon a political division of the
state.
Some of them knew that since the coming of the
S}>aniards, when Vasco Nunez hunted for the golden
temple of Dabaiba, and Juan Ponce de Leon searched
for a fountain of perpetual youth, and Cortds freighted
treasure ships from Mexico, and Pizarro from Peru,
down to the silvery days of stock gambling, and the
cold dull tyranny of railroad management, tlierc has
ever been in the minds of the greedy, somewhere a
region ruled by El Dorado, or rather a place called
El Dorado, or The Gilded. It was not necessary the
gilt should be gold, or even that there should b(^ gild-
ing at all ; indeed, the thing was rather of the Jack-a
lantern order, or like the crock of gold at the end of
the rainbow, when ready to put your hand upon it, it
was not there.
The true, or original El Dorado — that is, true so
far as any aborginal or other mythology can be woven
into sober story — was in South America, wiiere, as
some say, the micaceous quartz in the Essequibo val-
ley, in Guiana, gilded the land. Or it may have been
because the high priest of Bogotd sprinkled his person
Cal. Int. Poc. 16
(226)
t«
^■■\
226
EL DORADO,
with gold dust, thus originating the idea of a gilded
humanity, that people came to think of the country
as gilded.
The high priest. El Dorado, the lord of this magnif-
icence — for chief and country generally bore the same
name — was every day annointed with perfumed gum
and bathed in gold-dust, so that his whole body glit-
tered like the sun. His moving was as the moving of
a golden statue, and his breathing was as of subli-
mated diamonds. Incredible it would ever seom,
were not the truth verified by many witnesses, liow
long, and earnestly, and honestly men pretending to
sanity sought this myth. Beginning with Sebastian
de Belalcdzar in 1535, and Gonzalo Pizarro in 1539,
the valley of Dorado was the object of search by
various expeditions fitted out from Peru, Quito, Bra-
zil, New Grenada, and the Rio de la Plata, the in-
fatuation continuing down to as late a period, in one
instance at least, as 1775.
Coming to more definite statements, we know that
a Spaniard named Martinez reported that having been
adrift at sea he was thrown on the coast of Guiana,
and taken to Manoa, the capital of the king of that
region, who was an ally of the incas of Peru, that tlie
roof and walls of the city, wherein he had resided
seven months, were covered with the precious metals.
Orellana, a lieutenant of Pizai ro, who visited the val-
ley of the Amazonas, 1540-1, spoke of a region whtro
gold and silver abounded to a fabulous extent. He
reported to have been in Manoa, and to have seen the
immense treasures. Van Hutten, who commanded
an expedition from Coro, on the coast of Venezuela,
1541-5, thought that he had caught a glimpse of the
golden city, . in search of which he had started.
Several expeditions undertaken to reach the mythical
region failed, notably one in 1560 under Gonzalo
Ximenez de Quesada from Bogotd. The fable lias
occupied men's minds, among others leading to results
that of Sir Walter Raleigh, who undertook to find
THE GOLDEN KINGDOM.
-d "??.%^a?;r<-'««<'- to Guiana i„ r,^
pseudodi^overieso fS J'« *° ^« ^'^" traces of the
capital of the golden \Zr7 ^'«'gl>. showing the
■netols, the sidewalJts th,^ fl. T''':™ '» P'-«™'Us
k;nd, and the wagon 3^ f,tf f ^ *'."' the*^yell,>w
kind; for at hand were si?Lt?-n V*'' the white
«''vor, and a hill „f s^^ ''\"«^ » '"" of gold, a hill „f
l«laee of snow-white marble wti' ■1^'' "^ *''« "'i'^i
and alabaster, all encSd bv !' S'"?" "^ P°Wrv
wrought cedar and ebo^v f ''^/*"'^'''«s of curiously
-vond the power of tot" 'o ";en'"''P"°'' ''«'* ^^ ^^^
I he Diecionnrj'n U: ? • ^ *
Moreri-s FrenT;SS';itb'"'l'*.,>»''''t»n of
^f iravel, published in ?r53 T'"'.™''?"* additions bv
El Borado, as situated ttwee^t^'^ *'?^ P'-°^i"^« of
and Aniazonos, containing *i! *?^ "^e™ Orinoco
Sreat city on ik wet e™^,^t'rf ^J a^ Parinu,, and a
Kroat quantities; but add,T'." i' ,'"'"•'» "f gold in
;:;-antado,-'andthar.ni^t r t^° '" '"^''o est,t
•■'r proved to be only " bu"l 1°' "'<' ?">o had thus
-s. Hu„,boldt prLd that ,f » iT ''" '°* «^P«fio-
Nirr-*''^f^ of Man™. ''^^ '"""^ "-^ "'"'ost as
king, aj wer?:Std to 'T' ""* ^^^ the gilded
Kilded country, we hfv^h,, ^ '^""'^n* with onW I
''""•anity than ever tL p^f ^'"Pf then more of giid
And the^oat oFgi t hS TeTn'"" !? '^^ ™"W hoasl
'Incker on many of them until fl ^''*"-"^' *'*«"■ and
ooatmg of metal of Zie k^n^ f* "^ *" '""^^ thick
'ver, gold, or brass s^^A • '.'^* '"' otherwise-
'''"od and bone, Srt and h~'' '"n""'*' "" " ™«tinl'
and nothing else Mom tha„ ' '"''^ ''"" "^"^^
to discover the veriteW» """^ '"^ have thought
dwelt the money-gSSs^r °' ^'""'"-. -hfre
-nia,1hf s::Sr b^bMt'^ -.- the tulip
oubbie, the Mississippi bubble.
228
EL DORADO.
what may we not look for in the book of human
follies ?
The miseries of a miner might fill a chapter of woes.
Digging and delving with eager anxiety day after day,
up to the waist in water, exposed now to the rays of
the burning sun, and now to cold, pitiless rains, with
liberal potations of whiskej^ during the day, and mad
carousals at night, flush with great buckskin bags of
gold-dust, or toiling throughout the long summer
without a dollar, indebted to the butcher, baker, and
gr(x;er, heart and brain throbbing and bounding with
success, or prostrate under accumulated disappoint-
ments, it was more than a man with even an iron
frame could endure. When disease made him its
prey, there was no gentle hand to minister to his
wants, no soft voice to whisper words of love and com-
fort, no woman's heart on which to rest his aching
head. Lying on the hard earth, or rolling in feverish
agony on the shelf-bed of his cabin, often alone and
unattended throughout the livelong day, while the
night was made hideous by the shouts and curses of
rioters, the dying miner, with thoughts of home, of
parents, wife, and sister, and curses on his folly, passed
away. That was the last of him in this world, name-
less, graveless, never heard froml Meanwhile, and
for years after, those he left at the old home despair-
ingly dwell upon his fate. Such cases were sad
enough, but there were others still more melancholy.
The patient, devoted wife, waiting and watching for
the husband's return, toiling early and late for tlio
support of their children, ever faithful, ever having
him in her thoughts, and so passing her life away,
until hope became charred and black, while the object
of all this love, of this devotion, was, maybe, spending
his substance with harlots, writhing under the delirium
of drunkenness, without at any time bestowing even
a thought upon that devoted wife and those abandoned
children.
]
dl(j(
he J
eess
to S(
tJius
Son]
hark
and
and
hrok(
turhe
gulch
ness t
Soi:
dried
tile wi
in wJii,
ininin«>
and bu
like Su
town e^
Je.ssly a
to swea
sports
iiVen vi
to I Jay ]
tJi^' cardi
and a du
^^redioal
iasts, niei
st'tting tl]
wJion the
and good
It Was
or failure
a« oJsewhc
'!' ''I groatc
Sitting on ■
229
MISERIES OP THE MINKR
to sending it in a lettw wl^l k"^ ','' "»'" g""<l <io"vs
tl.us many a poor hoart ath " '*!'' °'' ^id not ; aL
S™>e, and as a rule th^ n f '^'""' "" »" the end
•■"'d «Pmt; «o«.e fcVrct'l'' ''?'"f. broken i, uX
;""l joyous; but by fo r/'' '» ''««ltl., ^ucceSf
•'.-d'Tp in tt ::;rnt\*e^r?.V ■'f'- havmg boo„
t w„,ter, tJ,us loavin^^buUiH "j-''^ fr<«en%p ;"
ouniiay tiian anv Suii.l,,, * -^^eiy day is nioro
t"wn ever sees. All is id ^ *''" Pf'^Porous n,in,W
l-«»h about the st^ets so ,? r"' • S^unt fi,r„,s fl list"
'" «vear at the ti^^s'a "?'"'?'! K^'berin. i„™-
H-rts when grunSn' Itsdfl'"^' °"' '"VS
i-vcn vice stagnates. Sf ', v ''"*°'"e8 unbearalje
;> play for moLy or wWskev "', ""* *'"' wbereti I.'
'I'e cards for fun.'' Mol evHk ' ""'' * "''"ffl" an<l S
'"'?<«„ is looked u^o^tTT''""'""' "■■^"la<^-
J heal inen drive a fai'r traffie a,'"] ''""""^ "™""'
j'tscs, nienain(r in +r, "^^ttinc as louir as fJ.r. ]•
-"in^'the'^o^t S'irr'>:.'''^''-i^«S n
"b^n the fuel f„r tW ii^fc' "'^^*i'" '."»''* Previous but
tebf nTS -|«r^''-*' "- ^-
- 'ailure in^TeTnTn:: "VIT ^^at led to sueeess
- eWi^ere, were "te tl^ ^ ^''t''"'',-?-"^' b '-
230
EL DORADO.
fomia, like frogs about a frog-pond, — sat thus and
croaked, cursing California, and looking at tlio gravel
bods, and crying, "There is no gold in them." That
did not bring fortune. Steady persistent work, with
reasonal)lc economy, though it seldom rewarded one
with a strike or a largo return, was sure to result in
something. Laziness and captious disquiet were tho
two evils. There were comparatively few miners at tho
end of thoir first two years in California who had 31,000
laid by, and yet a claim would have to pay but five
dollars a day to give the miner of it $2,000 at the end
of two years, allowing $1,000 during the meantime
for food and clothes. But during the earlier years,
wages were ten dollars a day or more, and tlie miner
who ctmld not get that, or twice as nmch, would stoj)
woik, and cither do nothing or prospect for something
nearer tho largo ideas brouijcht hither.
Often in making excavations for buildings the spado
uncovered the bones of some unknown wanderer,
thrust hurriedly beneath the cover of earth 1
stranger next to him, thrust beneath a lijjht co
of earth and straightway forgotten.
Very early there appeared a mania for rushes, as
they were called, that is, a hurrying hither and thither
after the echohig cry of go\d. Whole camps were;
thus stampeded ; at times the wildest stories of now
finds beinii enouiih to cause men to leave «jood diiTijiniJS
in the hope of findhig better. Almost all of these
excitements ended in disaster, like that of the Gold
Lake affair, about which one thus writes :
" One day, while in Sacramento city, I heard an old
citizen relating his experience in tho gold mines of this
country. Among other incidents, was that most
memorable of California humbugs, th? Gold Lake v\-
citement. I shall not attempt to follow the old miner
through all his mountain wanderings, nor is it noc( s-
sary to mention his hopes and fears, his sufferings antl
toils, and ultimate disappointments — but he made one
hair-breadth escape which I shall mention. For many
10
■T
T»E OHIO DIOOIXGS.
f '.oavil^ ,a^,, ^^, 1-^; »cl about fift^'r;,, ,7
s"ow „,. t|,u mountains wT "^ ""<' altlmu.r], the
orod with a fi„„ era" l' T^ ''''^•P' ^'e' it wtl eov
'.efoetoftheanimafl' "0^0^:^'^ ''"''" ''-'-'h
<JkI break-and sueh a breath "»/. I'owever, ti.ocrast
"' "W"' oy a roarin.r inoimfr,-. '■ " '""' swi..pt out
7">pl«toly arcl,ed oCr « ''""""' *'"'''' l«d been
<'l«orvabJe until the crust wi, ""7' "'"^ "'tiroly m "
;>" ","-' very brink of tht fri Uf"',''"- O^J-'^^ro Z
':"''>ly time to back out ami '^"»''K"' "''»«", and S
:"f 'r r^' "' "> «» CZ^°"; Tl» most
Antoine'S/atlTrdl,?!?' the miners of
"lanoli of tl,o America,. ..: ' *"** ""'•th-midill„
nten.e„t regarding h^o™:;/^-'^ "' " flutter:'f e !
:;i-"™^ ~Surir„v;" ^" "•' -^ ^'^^^
a'lotlier was ready to n,i„ * '*■'" ^ ""'> failed
wore of worth onfv as Th "^"-V ''■'"■''"'«« w ,>h
/Ims time and opportmn-f l' ""?'" ''ring in,,.ra»„
'mndreds when, httS >''M *■'■'"» «'« «' «
-^'"■^e of this exeftemerwa. , " *''" • ''""'"-""The
™»onoffivemen who "ai ?h ' ""'"7' "* ^ntoi e
»^^>o broug),t into clmp a he?' T"/'"'" ^i""- ad
W'™ questioned as t, il, i •>' '"*^' "f gold dust
;'".'«' it, tl,ey b^ame n me^""'""- ^5- bad ot'
'I'oir noses, and smile, L , "?^,l'"' tlieir fin.rws to
'"«» went their way Th/ "'''"^■- P'-''»«"tly tl e
''f"to, and there se^n toS^T *''^''«'' *" 4™
*-»eisco; hence it wastlt I,?'?'"',''""" '""'•San
■' the,r mine. Eyidently ^ey t/ 'S*^ ""' ™""-«'^'d
-". and ret„„,i„g to -"-^10^^.:^^^^-
232
EL DORADO.
others forestall them. Where were the diggings of
these Ohioans ?
Early in the spring of this year, three Mexicans
had struck it rich on Vanfleet creek, a little stream
near to, and running parallel with Antoine creek.
Between these two streams James Williams kept a
store, where the lucky miners made deposits for safe-
keeping. Williams, wishing to retire, notified all per-
sons to remove their deposits. With the rest, the
Mexicans came and took away their gold, which by
this time amounted to seventy-five pounds in weight.
Greedy eyes watched them as they went, and murder-
ous feet followed them.
In the last party that set out from Antoine creek
in search of the Ohio diggings was James W. Mar-
shall. They had spent over a fortnight climbing rug-
ged mountains, and stumbling through dark ravines ;
their food was almost gone, and they had turned their
faces homeward, when, by an abrupt bend in the
aboriginal trail which they had found, they entered a
cool, grass} glen. So shaded was it, and so suddenly
went they into it from the sunhght, that at first they
did not see the horrors it contained — here a ghastly
skeleton with a round hole in the skull; there another
with a bullet through the heart ; yonder a third whose
feet had caught in the vines as the swift messenirer
of death had overtaken him from behind. The car-
cases of four horses, their packs and saddles unrc-
moved, were found near by. One after another of
these dismal objects Marshall's observant eye took in;
then after a moment's pause, while a dark cloud
gathered about his brow, he said, •' Boys, we have
found the Ohio diggings 1"
Upon the discovery of gold within the domain re-
cently acquired, the question arose. Shall foreigners
be allowed ecjual privileges with American citizens in
abstracting the |)reclous metal ?
It should be borne in mind that both the Spanish
FOREIGXERS IN THE MINES.
«s ma/OS WHcricani Th« H^' "'"' .Particularly of
tvi^r, when he found himaelPft-T""-,-^""'"''"'. !''>«'-
),-ver„„,ent of the U™teJs»t "'"''■' *'''•' '""^ ""d
^"^tan hi„,^,f and™i.4>t ' IT '°"'^'*™« *"
American, ivith his 8l reww'r • ' ."''"'*' *''« Anglo.
«'nsrt> ve of sharing Kr,"f '"'"''• """ be^»'''e
particularly with SpaZZ^^TT""^- "''"' ""'«>^.
claimed that Californivf f ^',"fc"^""'ri«a»s. Thev
PWns.audtheme^iXrnfr''? -^""jy^ "'"' f«rtZ
and theirs alone And vif r'"'""^^'"™^ he tjieirs
of the earth rusl in^lnli f ' ^^ ^'V'" ''" ">« ■«'S
pocketing the a-old ■ = -"'.^"""i? "'e lands and
^^trictedi; as^ufos'XTall fo' T'^IV"'^ ''"»»-
"T ^^«««fod for the purchase ^fV" ^^"^T" " "«
In regard to nerniitt;!, f ^ ' " """' w deniess
«.« foofhiiis, «;rA*r£an ':;?' "^^ '" ''''^'™-t fr ;
say that his governnZT.? ""7, ""«''' truthfuUv
t.i.o power to\eept ICrsTfit'""''',*,'" "«'" «"d
velyhe might bring Itself /.V 7.'.?''^ ""'"'=-
the absence of govern me f '" "'<' "'^'''^ that in
K.. a unit of t^TgZrZ,^: governmental protectio ^
to determine a Policra "nV ''■T'' ^'^ ^'""« right
■at he had to^m^ir ri.t Tn J"' TI" '''■"'•''««--
But in e„tertaini|,„ the S tin? tT ''*'' ""'ditions.
rKl;t to act for th? govenol . •' "',7 P/«sessed the
'""■'"g foreigners accesst """"''"" '"' di«al-
»™lth the American mne; fll iT'^'i''' """oral
antecedents, facts, and precedent t ■'""'•'"'*'• """
l.at reciprocity treaties wW.s. T" !?'"'"'»' "'o'"!
f"r.-e.- that when no such tl ^ "''"""'"« »'ere ii
""■"■"'dWtion; in feet thaf th '"' f"^'} ""•'■^' ™
."overnment had ever been lo m '' '"T " *''" """''•''■al
;?"r,-,ge immigration a,^ !°ffT" *'^' '*' ''"">■«. on-
' "dcr this krTown ^Sl "fl""' '«''*« to all
'" tacit consenl fo ci. S'T'*' P'tr^re^uival t
X;l« "ow too late to7u"",tbn ^',"? '"*''"'-' ""^ "
""«■ "-" by fo.e of ri '?^, ': ;P---. or to
EL DORADO.
Native American citizens objected to foreigners fill-
ing their purses from the wealth of the foothills, and
returning to their own countries. They particularly
objected to Chinese and Spanish- Americans. White
skins were for a time welcome among the American
miners ; but Indians, Africans, Asiatics, Islanders,
and mixed breeds generally, were detested.
The state of California having no title to either
the agricultural or mineral lands lying within her
limits, her legislature possessed no right to impose
a special tax on foreign miners as it attempted to do.
Nor was it for the state, but for the United States,
to say what should be done with the gold embanked
in the foothills, or who should or should not abstract
it, or pay for the privilege of abstracting it. The tax
thus attempted to be levied was twenty dollars per
month. The people soon saw the folly of such a
measure. The miners scarcely averaged twenty dol-
lars a month after all their expenses were paid. But
those hostile to the Spanish-Americans, and other for-
eign elements among the mining population gained
their point. The Evening Picayune of San Francisco
said on the 14th of August 1850, "We infer, with
tolerable certainty, that from fifteen to twenty thou-
sand Mexicans, and perhaps an equal number of
Chilcnos, are now leaving, or preparing to leave Cali-
fornia for their own country." It is true that certain
outrasjfcs committed in the south had soniethintj to do
with this exodus, but undoubtedly the main cause
was the passage, by the legislature at San Jose, of
the law to tax foreign miners. It would be useless
to deny that the first day the tax-gatherers appeared at
Sonora, where hitherto peace and amity had presided,
the community was split in two, and arrayed one part
ayfainst the other with bowie-knife and revolver.
It was a great error to suppose that the value of
gold to California lay in enriching a few trappers,
farmers, and emigrants. Such narrow-mindedness
could not compass the idea of enticing energy anil
FOKEION MINERS.
capital from all nart, „f *i . ^
-ttle»e„t and m'^Xe lopUf j' ^ -"»- quick
the work that u, <|er dSff"- *'°'"«^ '" ""« Vr
on Chinese laborers in the Ini °rT' '^"fy ™POBod
a'scniumatin.r a.rain<,f ti ^ ^e only reason for
:r 't? ^4'- crttt: sttt"« «'«' "'''^
f "■. The miserable spirit of ,i;i " • "" "^ ^"^ *»
foreigners had shown ftsolf t tT''""""'""^ "gainst
5th of Augnst 1850, the San p'' ''■''^''- 0" «'e
aldermen by resolutio^ nrohH^? j^ffnf'sco board of
engage in drayi„„ dr vh^^, i*^ *''"* "'''«« should
boatB for the%,SVeyi:,"=„?t "'^ ™''"'"'^' ^'"vil
spirituous liquors. ^ * "'^ Ptesengers, or sellinS
-oy nndsuminer of IS-,n „ ■ "
southern mines with alannin'"''''^ Prevailed in the
mon guleh resolutions tTrirX'T:';?'';"'^- A* «» -
s 'ould quit tho,,e diggi '^^E t^' *" *^''-''i<-a"3
forcibly expelled. flowSverth « ''^'^''"days. or be
foreigners, not of AmIriVan, A ? o ">" »<•«"" of
ordered that all forSZZT ^' ^oiiora it was
f aged in ponnan'S ■J./^fPy-h "^ -re T
cave the country within ^ft P^**^,'''o pursuits, sl„,ul,!
^^■tween the IinJs,Tmef f if ^"• «r'"« " «
SanFranciseoJo^n^;"/";;*'' "^ 'r>' '•"'iov; the
"■at the Americans had tT"""' "! "^"'y 2<), Lsai'
f-us and Cliilians „S ou^^'ir"*' "'•■" "" Mo.. I
ourna justified the H C? bee, ,'" ''""I'"--'-- That
atrocities daily pernefZSi 5""?uso, as it alleged of
Auieriean origil^-^^TK ^^ t't'""?- "^ »'^""*.
;>gh enough in the seaJo of h„™ T ''"' '"" rank
the deliberations of any au °if ' ''"i'^ '" coniinand
ho dared strike a blow wb»7 '^f "'i"" '"octing. If
'■™n in defence of hTs w fe^ T ",'.;*J<*' ""ght be
;';ayaised, and moun ed ,tn ,vitl "'^"' """'"''y
t" the rancheria, and shoof -1 "^"^ """W ride
^■'"Idreii, innocen a" d .MamV „? '•""• *""""'• «"d
u ouuty, promiscuously. Who
'Jf.
236
EL DORADO.
would waste time in trying savages for their lives ?
A whole rancheria of 150 souls, for the killing of one
Anderson, under the severest provocation, and the
stealing of some cattle, were shot down and butcherd
with knives in the most cowardly manner by self-
styled citizens of Trinity county, in April 1852.
Hundreds of puch disgraceful instances might be re-
corded had I the time, space, or inclination to parade
them.
Durlnor 1852 the crusade agfainst foreii^n miners
reached its climax, with the result that in the spring
of the year Mexican guerrilla bands extended from
Mariposa to Mokelumne hill. The Americans of
Saw-mill Flat, in Tuolumne, would have been massa-
cred on the 7th of July, but for an Italian who
warned them. They thereupon took up arms and
drove all foreigners from the locality. Many meas-
ures adopted to drive foreigners from the mining
claims with varied success might be mentioned, but for
lack of space I must leave them out of these pages.
It is worthy of notice, however, that amidst tlie strong
feclinij aroused on manv occasions, and the nmltitudin-
ous threats, little blood was shed. The Americans
were none of the time sure that they were right, and
their action was much less determinate and uniform
than in the administration of popular justice.
As time went by, from urging persecutions against
all foreiijners alike, it became directed aijainst Asiatics
onlv. In this cowardlv work, white foroiijners thoni-
selves, but recently obnoxious to American citizens,
were the chief instigators. By tliis time the better
class of Americans had given uj) the occupation of
minhiij : and the dreijjs of the nationalities had taken
their places to glean what they could from the leav-
ings. The latter continued the persecutions against
the Chinese.
The president said in liis message to congress, De-
cember 2, 1850, that he was at first disposed to favor
the plan of leasing the mines, or of granting licenses
THE CARSO.V mu AFFAIR. ^
lands againat monopoTu:^ tnd^f *" P™'^''' "ineral
"lent the lamest reve,^ I . ™''^ *° "le govern
■•eeon,mended S' 'V^' °'! r<-™d thought ™e
-mil lots and Smgl Tln^lT"^ *"'™4 '"'o
iwlitic and impracticable p, ^ *" *"* <"!•"'% im-
« lo in the Siirta Co^i,, !* "Vl ' P'"™f ^■^*"'- "^Vi^K
secif,tcontai„edgoldf^,o ',,»•" '""'"""'"S it tS
on iintil he owned a barren , no, T'"^ *"'>''•«'•• «»<! so
guard these n.ineral gZr^Z)"' f"^'' ''''«'' to
the miners, and prevent ^.Tl- '""'''• *° drive oft'
""'itarv force lanje^than ^ "'"*''•. ''°"'<' require a
"'oral /orce ten tW„,^f ^T"'^ '" Mexico,\„d a
»;ont was able at S^To com ^''^t^''"' govern
The mmers were essentTlN. •"""*"«' "' California
™>gi»g over a vast Se^s't?*")^ JP 1^"' ''«'''*'•
a httle here and a little theS / ^''^''-fio'd^- digging
before finding a spot woHh^^;kZ"'^V"T' i^««?
air'^"-™-^t-SUi;::!;c:ii'r
iodt'btttT?;;::e*„^[,:.i'»'ir|eompa„iesofte„
.'o">eti„,es open wa^ TouM V^T 'f '' '" '"^^ "^ 'i^
ties ranging then.selves o„ either "> '^""'""ding par-
teeth with knives, revoho^ „ j "'''' ""'""' to the
^"l'P'e..ient suits it W "d TatSV ,f' S''i'-o"ld
It IS not at all cert-iin fi 'f ^*"'ts follow fights,
fite of things, any lo^L-i"i '" *'"> «ien oxistin.
tn mnieml la°nds wou& ha *' 1 ^' T'''"^ '" '"especl
he niining districts oCaWo„:r1r'""'''', "^'^l.t in
i"" "?"<•■' accustomed to tl e r mv. ""^ '""' ''«-omo
file . better able to take care of H "■';' *"'' "'"^' i"
eastern politicians. NevertbelT'™" *'">" ^«re
ermusaft-rays which would no*',r """■* '^*''« ■""">•
^■'«yegarding minemlTa^'rj'^'^ "'''•"'■ed '""'the-
f^ii^l ;-mstance the followit " """' "'''^^ de-
ll'" f'"o.JI5^r:^ rtifho^'iS-^ "" Carson
l->-ss,o„ and began to" ^^o^l'X^tCl^.r'^r'
238
EL DORADO.
Mi':
)!:
claimed 1,000 foet along the ledge, being 125 feet to
each man. For nine months they remained in peacea-
ble possession, working their mine continuously. The
richness of the vein drew to the hill many miners,
who at length began to question the right of Morgan
and his men to hold so nmch ground ; and the ques-
tion of title once raised, soon the whole claim was
covered with squatters. Morgan appealed to the
courts and was declared the rightful possessor; but
when the sheriff attempted to place him in possession
the squatters declared they would die before yieldihg
their claims. Further than this, being greatly supe-
rior in numbers, they held a meeting and passed reso-
lutions that Morgan and his company should leave
the camp within an hour, or be driven thence. The
property in their cabin, said their resolutions, was to
be "held sacred." The resolutions of 200 armed men
against eight usually prevailed in the mines, so
next day all that was left of the Morgan company on
Carson hill was the cabin with its sacred utensils —
hallowed pots and kettles and holy woolen shirts.
Thus ejected from a ledge of his own discovering, of
which the courts had declared him the rightful owner,
Morgan heralded his wrongs in every direction, and
called upon the neighboring camps to sustain him in
his rights. The opposite party likewise sent fortli
messengers asking a suspension of public opinion,
threatening at the same time to raise five hundred
men for a flight. Meanwhile Morjjan went to Sonora,
where he found fifty men to jom his standard. With
these he sot out on his return to Carson hill ; but on
the way nearly half his force deserted, thinking it
hardly the maik of wisdom to risk their necks in other
men's quarrels. Arriving after night, Morgan en-
cami»ed with about thirty men in a canon under the
hill, intending next day to open a fight for the prem-
ises. A gun accidentally discharged made known
their presence to the opposite party, who, supposing
their number ten times greater than it was, abandontd
MrNlNG LAWd .XT^
tne place. JSTevf ^ . 239
^'"w small a force thev h«W i ^® squatters saw h,-
and fifty anW ;i .*^'^ """^'^^^ of abc3 ' *^-^' '"^-
oaJni consultation, thcbS ?''' """mediately Aftor
Hance amlT ''^'^''''" "f the storv It.
Flni„,,„„ , • on Carson hill T^Jr '^''""'' '' s-
'nent tw W '"I '"<'*"'■''. 'le loaCl t i -^'""^ "'^''"t
'"- cnat ifanco had sohl *i ,".<"' «' 'ns ast()ni<ili
gattCfaiiiitr^^^^^^^^^^
-L'ecembor of 10-1 •>^'^^"^" over a mil I Ion ^^ '{'"ca
co.nm„ti:,"Teai',r^.t'>e Hill t^ 'ele .,f ""'"•^;
"in, and the courts plaee.) \r "^ ■" '""rts to savo
vLat ,s law without poll' f ^'*" '" f^'^^^ion Bu?
•^wcrtcl, for the countrr f.l •, ^^^' ^^'as anrelv
y;'-veu tnat Moriran shoT/M '"'"«'"? » ^^aud. Thov
*''ove him awav Tf , "^ ^^^^'«^ the Hill anrl t *^
li
i
[.ill
240
EL DORADO.
themselves to stand by him and support the courts.
During these excitements hundreds of armed men
appeared ranged on either side, but none were killed
or wounded. Here ended the matter.
The miners loved to regulate their own affairs, par-
ticularly mining matters, and hanging. At a meeting
held Sunday evening, the 20th of April, 1851, at
Horseshoe bar, the following pertinent if not logical
resolutions were adopted :
Tliat wo are in favor of law and order, and are willing to obey all man-
dates of our courts, and all authority coming in a proper and legitimate way;
but that we do not recognise tlie right of jurisdiction of our courts in cases
of trespass on miuerU claims, and that wu believe all ditiicultics of the miners
in respect to their claims can be settled far more speedily, with greater jus-
tice, and with far less cost and trouble, by the miners tliemselves than by
any court now existing in the state.
Resolved, that we are not in favor of throwing our cases into courts whicli
have not been found able to exercise their authority in such a way as to give
to the people a feeling of satisfaction; and that while we charge none with
corruption or dishonesty, we believe it to be the rottenness of our coui-ts that
has brought tliem into disrepute. We think too many of our public officers
are more familiar with monte than they are with mining, and believe they
have a better knowledge of twenty-one tlian they have of trespass on min-
eral claims.
Resolved, tliat we will not carry the differences which arise among us in
regard to leads and claims before any court until a proper one be established
by tlie general government; that we will discountenance all such appeals,
and that as for ourselves, we will resist as best we can all attempts of our
courts to exercise jurisdiction of this kind.
In criminal affairs, tlie miners were governed simply
by their ideas of right, formulated to some extent by
tradition, but always in the ends of justice. In civil
cases, all depended upon agreement, and if there was
no agreement, then upon custom and equity. The
miners of every locality met and made their own laws
regulating right of occupation; for the rest, there was
little to question or dispute about. These laws were
much alike in the different districts, and yet they varied
a little. There were hundreds of them, enough to fill
a volume. I give a few as samples.
Following are the regulations adopted by the min-
ers of the Kock Creek Ditch and Mining District at
a meetmg held the 1st of December, 1853.
I. This district shall be bounded by the Fordyce and Booth Rock Creek
Districts on two sides, the Spout Spring ravine on the lower aides, and tliu
south branch o' liock Creek on the other.
^^VS AND REGULATIOXS.
m
n. All claims shall i ^
tain to such (leiitl, „! ""'^ 'lumlred feet fr«„*
^, "i- '^'i-t.?/j;,rt.rt"^^^^^ -*« the moun.
the pro:ipoctiui{ of on,. ,.| . ; " "'"Uglily prosDenf »i
& -' '- -; ---''S,-S^:;;- J. ........... „„„
At a n,eeting of the „ • ' '" °' '"""■"""'
Low at the W%Z\"Z:V^'""^^ «"""- was
mnimg tlistriet; •^ -"*"' *" "rgaiiizo a new
Oi .notion of S. Jj. Herr "k thoT'lP' ^'"^ ^-^"t ''yB^-c^' '?'k' '"^ "'«
-^ec. I. The s ze of nl-,;!. ' '^ f"llf)\vmff laws u-o";^ . '^'"icho.
'ii'ui fuet lon<r n,. 1 ^"''""s on gulcl, or ..? V'^SMere adopted'
'"'=i I istrict slwli ^ 1 1 '*" Violate or refi.-^ + i
EL DORADO.
9. All water running in its natural channel belongs to the miners on said
channel, each miner having a right to uae the same on his own ground.
10. All claims held by companies or individuals in this district shall bu
recorded by the 1st of January.
11. These laws are not intended to apply to private rights, heretofore
obtained in accordance with the common customs and usages of miners.
At a meeting of the miners of Bear river, for tlio
purpose of making laws and regulations for said min-
ing locality, it was resolved :
1. That the newly discovered mining district shall be known as Mammoth
Springs diggings.
2. That all claims in the bed of the river shall be ninety feet in leugtli,
running up or down said stream.
3. That the bed of the stream be considered that part of said stream
lying between its bars and banks.
4. That all claims in Imrs or banks of said stream shall be sixty feet
running up and down the same.
5. Tiiat notices of claims shall hold good for ten days from date of notice,
when, if not workeil, said claims are forfeite<l.
6. That all bank claims that are not workable shall hold good until they
are workable.
A meeting of the miners of Mammoth Springs
diggings was held, pursuant to previous notice, at
the store of S. M. Young, on Bear river, when a
recorder of claims in the district and judges were
elected, and the following resolutions offered:
1. That the price of recording claims shall be one dollar for each claim.
2. That when miners are working on their claims said claims shall lie
considered good whether recorded or not.
3. That river claims shall hold good until considered workable by a
majority of miners of this district.
4. Tljat the boundaries of Mammoth Springs diggings be considered from
\Vm Bradley & Co. 's claim up the river to Bear valley.
5. That no person be allowed more than one workable claim at a time liy
location.
6. That a person may hold as many claims by purchase as he tliiiiks
proper.
7. That claims in this district if not represented or recorded within ton
days from this date shall be considered jumpable.
8. As amendment to resolution, knew, too, that the time for working the
bed of the stream shall be the first of June.
9. Tliat a copy of these laws be left in possession of the recider, and
the chairman of tliis meeting.
10. That the laws of this district heretofore enacted and also the procoed-
ings of this meeting be published in the Nevada Journal and Youmj A me rift.
At a meeting of the miners in Nevada county,
January 15, 1854, the following laws were read and
adopted :
Sec. 1. The name of this mining ground shall be called Myres lUniiie
Mining district.
2d. Said district is bounded as follows: On the east by the Native Aiiitri-
can ravine, south by West Hill district, west by a straight north and smith
line running past the head waters of Myres ravine to the Yuba, thuuce
LAWS AND REGULATIONS.
at
III from
line liy
Itliiiiks
lin ton
^ug the
if, iui'l
hoceed-
mty,
and
llUvvine
lAiiieri-
south
I tUcuce
down tho Yii1)a to the month nf Native American ravine to the Htartliig
place.
lid. Each chiim shall be one hundred feet square.
4th. Each claim or cninpany'a claim shall be worked every ten days
Sundays excepted, with one full day's labor and renewal of notice. Wlicn
a coinpany lias claims adjoining, M'orking on one shall be considered as work-
ing on tlie whole. All claims not workable to ailvantage for want of water,
or any other cause, shall hold goiMl three months by being recorded, and a
rcconl of the causes, stating the reason or reasons why they are nut work-
able.
Tith. Tliat no person shall hold more than one claim by location; he may,
however, hold as many by purchase as are worked, according to the laws,
provided, he lias a ImnaJiileuiW of sale signed by two witnesses.
tith. There shall be a recorder elected for the term of one year, whose
duty it shall be to record tliese laws and all others that may be passed here-
after in a book prepared for that pur])ose, to record all claims, transfers,
and bills of sale, for which he shall receive tiTty cents for each claim, trans-
fer or bill of sale recorded.
7th. Each company siiall have its ground defined by substantial stakes,
with notice of the numlMsr of claims held and name of the secretary of said
c(imi>any on the notice.
8th. That all disputes that may arise in regard to claims shall be decided
by arbitration of the miners of this district, and each party shall choose a
<hsinterested man, and the two a third one to arbitrate the matter.
9th. That the arbitrators' and witnesses' fees shall be the same as allowed
by the county court to jurors, and paid by the i>arty in default
10th. That these laws may be altered or amended by giving ten days
notice, and signed by twelve interested miners of this district, stating tlie
ol)ject in writmg, and sticking up said notice in live of the most conspicuous
places in this district, by a vote of the majority of the miners interested in
this district being present at such a meeting.
11th. That E. D. Dean be and is hereby elected recorder.
12th. That these laws shall be in full effect after this date, January 18,
1854.
At a meeting of the miners of Pleasant Flat held
August 1, 1854, E. Mills was called t(» the chair, and
E. P. Palmer appohited secretary. The following by-
laws were adopted :
That said flat shall be called Pleasant Flat Mining district
Article Ist Pleasant Flat district is bounded on the lower end by the
caflon, or the claims known ivs Jewett & Co. 's claims, and extends up the
Flat to the upper end of H. H. Roberts & Co. 's claims, and on each side from
hill to hill.
Article 2d. Eaeh claim in the creek sliall consist of sixty feet in length,
extending from bank to bank, and not interfering with claims formerly lo-
cated.
Article 3d. Each claim in the flat shall consist of eighty feet stiuare.
Article 4th. Each miner on said flat shall be entiUed to one claim by
location and Ave by purchase.
Article 6th. When there i^ not sufficient water to supply each company
of men in the Flat, they shall be liinite<l to forty-five inciies each, witli six-
inch pressure, commencing at the lower co., and extending up the flat as the
water fails, until they are all limited, allowing the upper cos. the flrst right.
Article 6th. Each man or co. is required to have his claims recorded on
t}ie secretary's bo ik, and to perform one full day's work on his or co.'s claims
every tenth day, vhen he or co. can obtain the amount of water specified in
tlie 5th article. Otiisrwise his claims are forfeitable, if recorded from the
first of November, 1S54, until the first of May, 1855.
1,1
ii
244
EL DORADO.
Articlo 7tli. No man, or company of men, shall he allnwed to put a (latn
or any uljMtruutiun in tliu creek or hkIo race ho a-s to <laniage tlie elainn almve
or IhjIow. Eacli company ia required to keep the side race in order <ii)piMitu
their own claims.
Artiilo 8tli. It shall ho the duty of tlio secretary or reconlcr to rucurd all
claims in tliu dLstrict if ruiiuc.sted hy the claim-holder, aiul to Hixfcity tliu
lioundarie.i of each claim or company '^ claim. For which the seeivtary .shull
receive tho sum of tweiity-livo cents for recording each claim.
Articlo Uth. Kach company siiall have the right to cut a drain race
tiirougli tho claiuH hel.iw, ami if the party cannot agree upon the amount of
damage, if any, tliey siiall leave it to disinterested jtersoiis. And tii.it all
dilKcultics arising in this district in regard to mining claims siiall ho settled
hy disinterested miners of tho district.
Article 10th. Tliat each company shall empty their tailings on their om'u
ground.
Articlo 11th. That these laws he suhject to amendment hy a vote of two
thirds of the miner i of tho district.
Article I'Jth. 'ihat a copy of these laws shall he puhluhud in the Nevada
Jourmtl, and three copies shall he posted in the district.
At a meeting of the miners of Busli Creek, lield
September 4, 1854, on motion, M. S. Cleveland was
called to the chair, and N. A. Hicks was appointed
secretary.
On motion, a committee of three was appointed to
draft resolutions for the action of thi.4 meeting, A.
B. Swan, H. A. Lonaa, and M. Sullivan, member.-.
The following resolutions were presented, and unan-
imously adopted:
1st. Tliat this district shall he known as Lower Busli Creek district.
2d. That the houndary shall he as follows: conunencing at tlie Ujjper
Falls, or at the lower lino of Allen's claims, and running down to the i.vW'.
hlasted hy Brush (."reek Co. in IS.")!!, including five claims in the Kock Creek
adjoining, and ten claims in Miles' Ravine.
3d. 'ihat the claims shall he sixty feet in length, and extending fmiii
hank to hank.
4lli. That any person may hold one claim hy location, and as many 1 • y
purchase iia ho may see proper.
5th. That any person owning claims in this district can leave and vacate
the same until there is sufficient water for grountUsluioing hy having tlieiii
recorded in the recorder's hook, giving numher and location of the same
witlun ten days after tliis date.
Gth. That these resolutions he published ir. *,lie Nevada Journal,
According to previous notice, a meeting of the mhiers
ot Little Deer creek was held on Slaturday. Septem-
ber 9, 1854, and adopted unanimously the following
additional laws :
1st. There shall be no dams or obstruction kept In the channel of Little
Deer creek during tho freshets, either at or above or l)elow low water niiirk,
except the dam at tho falls, which may be kept in during the freshets.
2d. That the company or companies using the water of the creek sliall
not tlrop t'.ie r.ame in cuts or flumes so as to prevent the company or companies
below taem from ujiug tlie i;ame wa;,er.
I'ly tins places noriVu^,'',''''''"'^ ''"''■; a Uruor^^ ■ i .
''■■"■« a chance toVZ ^'^^^''^''-t acce.Io to ro iL I ''f °''^"'' -^"'XW. "'.1
An Hone,t Mi.vkr.
■L'et US now son Imw +i
■■;S-*-l as tl.4''°H t "r7/'«f™<lo<l wl,at thoy
tlicTO wero t«-.> lanr,. „ ""-' '*«"imtr of 1851
One, CO,.,,,,,,,, 7% :;,X"'- at wo.-k at Col ', ^^
•■■";'l'a..y, was .sued bni " H ^"7 ";' ""■■ Tu.md
Y tlu'ir injury. Thc^TuM,, ' '.l^ '"' ''"'i' "P «-ator
'0 court to ,,av s-oo ami ""yr was onlcnd l,v
; '"7-1 tlK.,I. ton ZTVX:: n' '•■"';■ ''''- ™"'"t
' ;'VJ-'crco, at tl.oo.vniration „n/'?-r.''<''^^«''' *" "boy
'" ^"h-. 1851, Ro.r,.;s t, ™'r !^.^* ","0. on tl,e 28tii
"und tl.o place gtarded l?:"'!"'^ '" '«"• " ''"»■"■ Ho
t': resist The IWM, ^'« "7'«d >"e" l>roparod
'^^"^•'■^'''''-'^wtijni'r^^..^:-:!
m
EL DORADO.
tearing
down the ob-
yielding to necessity was
structioii.
Sheldon's rancho on the Cosunincs was the scene
of civil discord during the first days of July I8al. A
dam had been built by Sheldon for the purpose of ir-
rigating his land. But while a benefit to him, it was
working
tl
on tne river
a great injury to the miners
above, as the water flowed back on their claims ; where-
fore they rebelled and threatened to destroy his works.
Sheldon, bringing 150 ranchmen to his support, with
a six-pounder placed in position, prepared to resist the
miners. The latter, however, in Sheldon's absence,
spiked the cannon and took prisoner the man who had
charge of it. Sheldon, upon his return, finding the
miners advancing with axes to cut away the centre of
the breastwork, undertook to defend the dam, and
with twelve allies walked ft)rward and took })ositions
in different places. Sheldon then remonstrated witli
the miners, told them that they were trespassing on
his property, and threatened death to the first man
who should attempt to cut away the dam. Immedi-
ately a shot was fired from the besieging party, strik-
ing Johnson, one of Sheldon's adlierents, and almost
instantly killing him. Some one in the crowd ex-
claimed, "there, we've killed Johnson, now give it to
Sheldon, give it to Sheldon I" Half a dozen guns
were aimed at him, and he, too, fell dead. Anotlier
of his party was killed and two wounded. Several
Were taken prisoners, but speedily released. The num-
ber of miners is variouslv estimated at from foi-tv to
one hundred. They escaped with little or no injury.
A difficulty arose at Park bar, about the middle if
July 1851, over some mining claims. The authorities
interfered, but were successfully resisted by seven nun,
who maintained their claim in a most defiant manntr.
The authorities then sent to Marysville for assistanci,
and two oflficers, McCloud and Bo wen, came over to
make an arrest, but were met by sixty belligerents,
who, armed with pick-handles and stones, drove the
LAWS AND REGULATIONS.
m
officers away. The deputy sheriff of Yuba county,
with a posse of 150 men, then appeared at Park bar
and arrested two or three of the leaders, who were
taken to Marysville jail and dealt with according to
law. The rebellion was subdued and no further diffi-
culty ensued. •
(i-
CHAPTER X.
CLASSICAL ABNORMITIES.
£a inusz auch solclie Kauze geben.
—GoeHte.
Ne nous emportons point contre Ics hojnmcs en voyant lenr ingratitude,
lour injustice, leur fierte, I'amour d'oux-meines, et I'ouhli desautros ; ilssont
aiusi faits, c'est leur nature : a'en f^cher, c'est ue pouvoir supporter que la
pierre tonibe, ou que le feu s' el6ve.
— La Bruylre
Phantasia, non homo.
^ Pelroniiis Arbiter.
Mur. — We are men, my liege.
Muc. — Ay, iu the catalogue ye go for men.
-Maclieth.
Human nature turned loose into an unfcnocd field
cuts queer capers. This we have seen fully illustrated
throughout our entire study of the California flush
times. Why it does so, or from what turned loose, it
does not know. It knows that it is loosened from
somethinij:, and beini; like certain oases set free by
certain salts, its behavior under the new conditions is
peculiar. ]3ut the capers thus cut being of the first
rank, and the most superior of their kind, may l)e railed
classical ; being queer they may bo called abnormal.
Man's antics are Imt aberrations of development ; tiiey
are a phase of physical and intellectual revolution
whose origin and circumstance are according to con-
ditions.
Until to some extent set at libertv, human nature
never knows that it has been bound ; and when it be-
gins to know and feel its bonds, it camiot tell by what
powers it was enslaved. And even when its iiou fet-
(■248)
1;
MEN AND GODS
"■^o «„■ s„el, word, as^^f'T-^'^ ^""M I.avol, t
'"iig "I'Pi'oiitioosliin an «,;^ ^ ' '"' ''■''8 sorved a
"" «"."cl to say to 1,"^.*'^?,J ';';""? °f J™rs, it wiK
■■-I'fiii- along tiK, lane nf M^ •* '""''''^'•' "''y Sio lou
''^tural and art ficial eio^ Jl ^"'™ '■'™tfd on overy
;'«oe, feel, or tlwnk ? fiefo/fr" "''.*'''-^' '■«''"«in?
"10 men of Yortv-nino 7k *'"' ''""""S liitJior nf
«"<' -ul by lawVradSsT", ''""'"'° «<d My
.'■■•o f-ra „,„„,„,;t they wel fi '"'T\'^'"'"^^-^iZ
&'.S'"'^^^^-'«S^t,t:
;.';;r '" ^-" .^ntod u,r fc: 7f, ■"""/ ti^'
''•'"^ way roun<l tlio w„rld L , 'l,"*^.*'""" travelled
;:;;.y .oaclK.d the .,„;r^dy"tX* ""- -'-tinati„n'
"liat a mixture of natter^ I r- ,T/''™» tlioir lives
:'"• ;""' ™Mshino still runn-r I *>' '""""' "'"l Mve t
"' ;l"' niiM-st of all la, ' °1,*'' T'*' «it'"'>.t and
'■■'■'« te„.i„„tion ;:, t;^:; s:i'i"'™«--- <'™ti.: h,;;''
i;. I
'I
If
2S0
CLASSICAL ABNORMITIES.
All sprinkled was the wide ocean with f3hi[)s, the
wavy plains with moving congregations. One is the
counterpart of the other ; the ocean is but billowy
hills and restful plains, the mountains petrified waves.
All the world was up, and every man wished to be
a-top of it; for long ages ago the golden crop was
sown, and now the golden har\'est is to be gathered.
Following the phantom hope, following the fantastic
visions oi his brain, starboard, larboard, now to the
south, now to the west and north, fitful fate leading,
ten thousand men were on these ships whose thousand
roads were here converging. Virtue, health, knowl-
edge, fame, wealth, and heavenly expectation all lay
in this one direction. Drifting south toward the
burning sun, I being also there, softer and warmer
broke the breeze upon our brow, and warmer grew
the waves as, sailinir southward from out the black
night and thundering sky, we dashed into the day-
light. The sky was studded with new stars; and
nightly came the bashful moon creeping timidly up
from the horizon far behind the clouds, trembling at
her own presumption after so gorgeous a display of
the sun's majesty. Round the land's end and steering
nortliward, with certain thousand leagues yet to sail,
three several times with chafing spirits in unwel-
come rest we lay twelve days wasting of ftimine and
weariness, waiting the tardy wind. Yet presently
with fresh wind we onward swiftly drive again as if
for our sliip. as for that of the ancient mariner, the
wind opened before and closed behind. As Anaxu-
goras remarked of hades, the distance to California in
those days was about the same from one place as from
another.
There arc evils springing from ocean travel, yet
one cannot but be imi)roved by it. Go on board a
steamer, shut yourself in your room, throw yoursrlf
on your bunk, and even amidst the frequent paroxysms
arising from troublous unrest, the intellect seems to
enlarge and become luminous like the phosphorescent
tile s(
Ov,
Passio
J'»und
liH-k,
I"_'oJ,s,
J iff 'less,
tile Sie
•Sllovvv'"
yi'iitJy
THE COMING HITHER.
~u'S ttSr'Y , ^'"'o the mindt
every throe of selsick^^Tnf *!f ^'P' ^ ''»ve 1 1
''•"*■ ■"«> passing o,or it withTh- ^"°.''' "'"' "'c stal-
j-nes, and „11 th^S- bel„„„i„T'''' *'": ""I^^ «■'<! little
'■His, as ^'noas carried t-^^^nS^f *''!?" ^^ "^^^
1 ™^e seen upon a bapk.rro,,„,i !,/ f f^'«"i nvor
ennig-strcaked cl,.ud-wa?s T,? • ■""''^' •>'"«. "sht-
a l-eated furnaee, ^yhl ZtZ"''^ ".' "'f'''»"Se>-^Ike
a-.<l a garden is tl,t sS rf"t,7t/''r"'' "^ Nevada,
"en gold to drink, tl e r thirs t "f'^^'T^'.^'*'*' «»^^«'
'i'ey will roar before VL 5^ '"-'"'« •'"sire, and
A-.dthi,g„u,^:X« '- word a "- -ivil!«;tir
; wbat others have do, oX; t,'^ T"''' «'-'''«™
"■e t„„e must rest satisfied %>!"" *'•' ""'' ^ f'-r
passionless plain, To^^ ttlT '''""^'' "'« Mistered
>"und the sunbnr, t hiUs ad'' ,°^ «'W ground,
>■'« k, then down where iC '""''' ""■'l''''"? "^ ■•"«-'
''"'Is, and the rivers iro u, i ^'''^^ '^"'^"'^ Putiid
;''l^^s, they con,e at k„T;tht%"r';'''^''"'-''=«' -^
Ml
CLASSICAL ABNORMITIES.
chasinc: hills in low rounded rvthm, while November's
moisture tints the gray plats with green, and the
swelling bud begins to push from the branches of the
trees their dry leaves.
" Eureka 1" exclaimed Archimedes, as the method
of determining specific gravity flashed upon him while
in the bath. " JCureka 1 " cried the gold-thirsty thous-
ands as, striking their picks in the gravelly bottoms
of the Pactolian streams, they turned up the glittering
sand wliich was to behoarmg balm for all the nations.
In the ho})o of a sudden ac(|uisition of wealth there
is that which strikes the imagination and rouses the
spirits not found in the patient plodding walks of in-
dustrj' or commerce. At such times the mind be-
comes so inflamed, and tlie judgment so warped, that
the venturer closes the eye to danger and disappoint-
ment, and visions of the coveted treasure only absorb
the mind.
To tliese early diggers California was the Ompha-
los, the earth's navel-stone, the very centre of created
things ; she was what Ithaca was to Ulysses.
A mngh, wiUl nurBe-land liut whose crops are men,
A land wluTc, girt liy friends and foes,
A nuiii niiglit say tlie thing he wouhl.
Thoy were no brainless brood of mad adventurers,
though among tliem were riiunv such. They were
gods, and god-makers. First of all labor was deified,
digging for gold being no child's play, but work —
labor and rags. Into Jove's hands was placed a
l)i('k, ami ^linerva was made to stand in the state
seat; Jupiter was not permitted to go naked, neithci'
nm.st he wear store clothes. Thcv themselves dis-
played tlieir contempt of conventionalities by dressing
as badly as they could, and if by chance one of them
became suddenly rich, he dressed worse than the rest.
Some, if they did not attempt the perfect nudity of
the Picards in Flanders, and ape Adam in paradise,
canie near to it, their wardrobe being shirt and over-
alls, with the shirt usually loft ofi",
do
Wl
uati
ncr.s
temj
a joi
W
was i
a par
must
ti \'ate(
S'-'Worg
tin's is
f'lMliJy.
liiore Ti
Toss
and to
^aJls an
P''ide-ta
and fvri
iHir fru
^y'ith t]
V't a]]
Tiiere
'^I'tween
/"■"!,'ress
hkv. ail
■^'•thiiig
from tiie
^^' 'Unities
It
t
rpi 253
7 f'o devotion to a eaure'- Ll. "'"""""' "Vct self-
» i'erever the aohiovom^J rf fl" i?~"'"' »" the rest
""t"lto tl.o tickiingof a fit? "''"•'"' ««•' '■« ^honf:
"^^'aml quacWy. Asdm 7 '7''!*'™'-«t"beel,Ja^
'•■rs IS not usually rX^n'^^ I"-«fes,n,jf su,x,.rior n,an
"mi'orance hotel LCTrLll?,," ''■"' "^ '••"■■ni"." a
a journa <,f extra 14^.3"? P"'''-^^* ''fhn.srand
,,Jlfl"^ Californfa t cb f^i?r;';^ """■■^l-Per
»as the bare stretch ,>f earth n ., "•>"""o'- There
a paradise for wild men b^ V °"'.''« more? It ^^
;"U« be swept and ga^Wstd ^"\T''^i'""'^ ixtslt
< '%'"ig a government v., fi "*-'^''"' * day of „oJ,
■vated, ancf by and ^ "ties t !i^"'!''«''ed, Ian Is^ i":
*wers, ehurches, hZses „f "' '''"' "'eir street,
^'ambln,,, shops, hospit* °L P~««tution, scho.t:
t MS is going on, inVld itio" J ■'"■ ^"'^ ^-hilo al
lll^^S^^^lSl'rfe-thela^^^
-liicre Was Iio».q • v wits.
;;;.;^r » •-.^■•- "g "a 7:„rihr 1' "--""-ibed
."%"-ess, change. ° Like an tt f '''^' ''''■"""nt of
y--; all the foS.es of n^tl 1 "'r",'"'"'' "f "'atte
X.. h,ng was fixed, nothh "5a sh" r '^"''-'^ I" "'"•"^t
"m the shores of time in"J fi 1 "'*"«• Launched
et;T„ities, they cou d s m 1 boundless sea , f tl!;
'-^■■■o'Iingwith{heran:':!fd:S;;."- -i- of Lrlh
I,
284
CLASSICAL ABNORMITIES.
Very different was the Califoriiian nation in its
making from the American nation. In the settle-
ment of New England there was an agreement in
religion, in politics, in morals and manners, in every-
thing appertaining to the new conmionwealth. One
was as prim and puritanical as another. All were
death on sin, and although they had so lately fled
from persecution, they were little behind their perse-
cutors in requiring all men to believe what they be-
lieved. This fanaticism was the strongest element of
their union, the most exalted of Plymouth-rock senti-
ments. In California the moral ideal was not nation-
making, or meeting-house-making, but money-making.
The meanest of occupations, however, was saturated
with thought. It was an epoch of expansion, follow-
ing a long period of concentration of ideas, both uitoii
these shores, among the Hispano- Americans, and at
the east, where intellect was more slowly but none
the less surely marking out the pathway of its final
emancipation.
There were yet new moralities under the sun as
well as new lands. Coascicnce, which was once con-
sidered an original faculty, was now regarded as the
product of an association of ideas. And under tlu^
new survey, right and wrong assumed original prerog-
atives. And as the primary elements of the st)cial
structure in California, more than in any spot or time
the world has ever seen, were abstracts of the be,^ t
elements of the foremost nations of the earth, so tlio
body politic in its completion and entirety was socoirI
to none. Every element of pioneer character was in-
stinct with directness and efficiency.
For the matter of that, there were among tluni
men without a country, men who never had a country,
who, bom upon the wing, were accustomed to icst
on any spot where they happened to light, and to tit
their ears to any name given them.
Like animals of an elevated type, while the oruan-
ism grew rapidly, the organs of the body politic of
H
inher
robe,
noss I
her s
CahTo
Th(
m the
uousnt
<'ia] ini
will ea
that wj
nature
fL'ption.'
P'>sition
JuIIs SUi
iiivss. J
^•'Uinot i
foine in
^'le chea
«i leper.
As in
peacJicd
^^ "^^O OF A TOV NATTOK.
California develou. > , " ""™''- W
tl.e „.„«=ierwtri?l^ .^'g-tion was good k,„
*J'e brain in^^nf ,^*^"' tae bones carfJln ■ ^ ""^
we ny-]oaves at the hn^rln • ^ ^'^''* ^ eu, was
'"'l»s on the limitlc« r " !."«'" safely launnl^ f *"
'■"-trained aUw '"^''" "^ *» ^-u^htT-illMu!
■"Iiwi'tan"ran/ "".'»«»'» ii'folicities is th.
robe, dvod i,r V ?^"-"'""«'t, wl,icl, Jik *i| ''''™" of
''«'• Cee""f """-^ into tlieiea™ f m*^"'" IV^'""'-
in tl'otvorJd.'^Butl/'-'^' ""'' *''« "*«' natured n
na 'ntore,,u^e'i,a,!rta„!,TT ''!;■«' "'"' «■"•""
\]
2S6
CLASSICAL ABNORMITIES.
esty, it was becoming really unsafe in California to
profess or practice virtue too boldly. It was safe to
display only one's vices. And it is safe to say that
since ante-Caisarian days, for a time three of the
Latin deities at least wci'o nowhere more devoutly
worshipped than hero : Plutus, Venus, and Bacchus,
each one of wliom was known to have put to death
tliousands of liuman beinjjcs without a liciiise.
Now and then was one as lucky as Barney O'Ricr-
don, who, when he was lost at sea, got hnnself paid
for piloting the ship that showed him the way home.
Others were obliged to live like plovers, that is to say
on little else tlian wind, yet all the while as sure of
discovering treasure by means of their superior knowl-
edofQ or luck as was William Leurand bv his scara-
heii'<, or gold-bug indicator. Many would have
turned schoolmasters like the younger Virginia scions
upon the bursting of the Alabama bubble, but unfor-
tunately there were no children to be tauglit. It
takes time and sex to make men, or even youth for
discipline.
They had no ame for law. Cases wore decided by
the pistol beforehand and tried afterwards. The most
insignificant quarrels were settled by a resort to arms,
frequently resulting in the murder of one of the par-
ties, the survivor finding it often easier to obtain an ac-
quittal for the crime of murder than some simple mat-
ter of justice hi the courts. Whenever a murderer
chose to come forward and stand trial he was almost
sure to be acquitted on the ground of self-defence,
though he who touched his neighbor's ])roperty was
hunted and hanged. In politics they were as dispu-
tatious as the Athenians.
Rude men formed into a new and crude society,
seize the few pleasures that first present themselves,
and if these are of a lower order than hitherto ha^c
been in accordance with the habits and tastes of sonic
of them, tlie more refined soon sink to the level of
the rest, and accept with thankfulness anything that
e or baye, at t/,o n,„o„ f,. Lv T-'"*'"''' '''"• "'«*
" tl.c,r l.„pes until the verv- «I?1 "" ,""^ ^'"liUS
]f<!« tl,o l„„.i^on. Their S^,f,"',''r "'^ ™'"'-« «mks
M^,r hopes, fears, lovorhate "^''^' '"''" H<1, golden
«■»"! Sides Streaked win, • ."'"y ^aw the7ii„„„
^I'rinkled the pll urT "•«"'<'• "'«' i'oW dust
)';;-■• it conferred 'tS-'»»eh f« /he permanent
;, ' "' ".■nnmnities, as for t ,e^, .'""^ attraction i„
•'"t'ouces, which is thi k P'"^'>ase of present in
,7 """-I. to whtl VonVr •'^%»°' «bStdv
. n,ake rich the prji?! '"S,^; .ff Money wilj
■""<' ).v having more tim,. ;. '"^ ,'^ Commerce bc^ne-
"■'.tals „f wheat wV fee,," "'"^^- Two thous^d
tljousand centals; buttw„tf ""•■«, '"""ths than^^e
•-llvor depreciated ZeiZ , l°r 'i1.''°"'"-« in gold "r
"■■' ulation will car^ o„ ,^f *'""'»? the anmu„t ^n
ti'"us«,d. "y "" »° more traffic than „„"
"r'o extravagent. A L^ "'"'"' "•"■ '"' desires
tie reward of g^at hanlsLL„-^':'' S"^*' rieJii,
"" "'« mduljjenco. CarnZ ;.W? , '"' ^''?''' ^''""W
e,,. ,„,.,.„ J, •' s with him such expccta-
258
CLASSICAL ABNORMITIES.
tion, he could ill brook the disappointment tliafc
too frequently awaited his arrival, and the hopet*
and failures that followed only ripened him for any
excess.
As a rule everybody arrived in Califoniia poor;
many of them remained poor, undergoing more or loss
suffering; and yet there never was what might j)n)p-
erly be called a poor class upon the coast. Spread
out before the adventurer were metal-veined hills and
fertile valleys ; and with such fair provisions, united
with health and strength, he was rich though he had
not a dollar, and did not know where his diimer was
to come from.
To the wise man no circumstances could offer greater
inducement for the exercise of self-control, for indul-
gence was always attended with great risk to hcaltli
and life; and yet, self-control was about the last thing
of which men there were thinking. Money tlu y
wanted ; behavior was unrestricted. And yet, it soon
became apparent that in one sense the penalties of
extravagance and dissipation were not exacted witli
the same regularity in the new community as in tlio
old. Rioting was not attended by disgrace ; poverty
did not necessarily follow prodigality, nor want, pov-
erty. There were bushels of gold in the placers, tin-
property of any one who would take it out, and tli<;
petmiless of to-day might be the envied possessor of ii
pocket-full to-morrow. The improvident sometinu s
seemed to succeed as well as the careless.
Obviously this tendency to gratify present desire s
at the expense of the future arose from immediiitt*
surroundings, lieckless expenditures and unbridltd
passions were qualities not inherited from the midilK'
classes of staid connnunities. Improvident Englisli-
man and thrifty German, alike, on touching California
soil seemed to lose self-control, and seize proxiniato
pleasures regardless of future penalties. Too many
of them, like Ulysses in the island of Calypso ami in
the halls of Circe, forgot their Penelope, and guvo
themseJves UD tn f J ^'^
'"wTT- '""''""»"«'-«"*" of a „„,
Man desires f„od a,„| ra^,'", "'" ™m "fall f„rccl
m wJiftf .-a 11 ^. ' ®"'"o fame ami nil , •^* ®"'»e
CHAPTER XI.
SAN FRANCISCO.
Superanda omnia fortuna ferciulo est.
— Virijil
To the Greeks, Delphi was tlie centre of the eartli ;
to Jews and Christian.s, Jerusalem; to Californiaiis,
San Francisco.
Pastoral San Francisco was but a hamlet. Thou<xli
a seaport, it had little to do with the sea, and Wiis
more like a cluster of houses in the country than a
commercial town. The presidio maintjiined tlie dii;-
nity of government and war, and tlie mission the diu-
nitv of reliyjion, so that for the traffickers at the cove
little diufnity remained or was requir<d. Even wlir;;
the ijalvanic shock of uold-discoverv .struck the place,
it did not innnediately assume larijfe proportions, l»iit
ratlier stood stupified for a moment before settin<^ out
on its broad pathway of pro^j^ress.
Hence it was that durinur the winter of 1848-!) the
place did not grow nmch, nor was it very large l»y
the end of 1849. The principal Wuildings were clus-
tered around the plaza, or Portsmouth s(piare ; hriek
structures were few, and thcn^ was not one renlly
substantial building in the place. The gn^ater pnrt ef
the town consisted of tents and small shanties nuule
out of packing-boxes, with some not very good hous( s
of more pretentious construction. The f(;w travelled
streets were little better than mire during the rains.
while the sidewalks were made of barrel staves and
narrow pieces of board.
(260)
T
rouii
and
tlio
.'tew
and (
llOUS(
stoiy
many
old h
TJi,
Peop]
UKUHK
(sweep
to ussi
•iiid j)[
and te
witli s]
ers J UK
ti\e m;
old. 'J
lijied u
lii.^Ii-w,
and Sa
line,
sonie w
Califoi']
'lie ,saii(
ai(tl)(r I
'""ek an(
^vater, t
Justily III
TJh, s
*'n, and
llellow fi
t'UuusJy,
STREETS AND BUILDINGS
^'
The autumn of 1850 saw quite a oiiv-like settlement
round Ycrba Buena cove. Prices of most necessltit .s
and gome luxuries had come down within the reach of
tlie masses, but were still hijjfh enough. Seveial
;k'\v j(jurnals were started, such as the Pacljlc yars
una ('(»n)ncrcial linlhtin. The El Dorado gambling-
house, from a canvas tent, had become a fine tliree-
story brick building. Tlie bay was noisy with steamers,
many of which were transformed sailing V)oats, with
tild litilcis whicli l)urst with the slightest jirovocatioii.
The tire of 18jO i)ut an end to many irregularities.
l*eople chen began to build in a niore fubstantial
niiimier. The fire of ISol, however, mad a clean
HWet'p of all that bad been done, and the city began
to assume a more regular a|)[)earance. Brick housis
and ))lanked streets took the place of the huddled huts
and tents of the previous years. The bay was alive
with sliipping; by midsunnner over a hundred steam-
ers had entered and departed.
"Old things are passing away," sighed the medita-
ti\e man, by old things referring to things two years
old. The hills were behig cut down and the hollows
filled ui). Alontgomery street, which was the original
liigh-water mark, was now in the heart of the city,
and Sansome street, which had been filled up between
Jackson and California sl^reets, was the m^w water
line. The wattu* lots between Montijomt'rv and San-
some were first j)iled, and then filled in. South of
Calitbinia, the steam excr'-itm' was l)usy scooping up
tlic saiid-ldlls, and dropping Uiem into tlu> low places
along the border of the ct)ve. A rail-track was laid
(Ml Battery street, ai>ng which cars wen- seen fiying
hack and forth all <lay, dum})ing their loads into tlie
water, the conductor, mounted on the foremost truck,
lustily blowing his horn to givi^ warning of approach.
Tlu^ space bounded by Montgomery, J^icific, Jack-
son, and Kearny streets was, in the s[)ring of 1851, a
IidIIow filled with little wooden huts planted promis-
cuously, with numberless recesses and fastnesses filled
iLr:
I '.
262
SAN FRANCISCO.
with Chilians — mon, women, and ohiklron. The place
was called Little Chile. The women appeared to be
always washing, but the vocation of the men was a
[)uzzle to the passers-by. Neither the scenery of tlie
1)lace nor its surroundings were very pleasant, particu-
arly in hot weather. On one side was a slhny bog,
and on the other rubbish heaps and sinks of offal.
Notwithstanding, it was home to them, and from their
filthy quarters they might be seen emerging on Sun-
days, the men washed and doan-shirted, and the
women arrayed in smiling faces and liright-colored
apparel. They could work and wallow patiently
through the week provided they could enjoy a little
recreation and fresh air on Sunday. Whcn(;ver a
vessel arrived from a home port, the camping ground
presented a lively appearance. Round the chief hut
or t'lcmhi lounged dirty men in parti-colored scrapes
and round-crowned straw hats, smoking, drinking, and
betting at inonte. Most of these were either on their
way to, or had lately returntid from, the mines.
Walk Kearney street at night from California
street to the Plaza. The shops are all closed, all but
the saloons, mostly attended by a French or Spanisli
woman, and Cheap John auction stores, whose cri( s
in husky voice and bad breath strive to roar above
the jingling bells, before each door, where every one
tries to ring down his neighbor. Passing along you
step aside to avoid some reeling drunkard runniiiLj
into you, and as you approach the plaza, the blazing
light from the thickly planted saloons glows in the
thick, murky air without, and strains of mingled music
from different bands fall upon the ear. Pouring in
and out of temples dedicated to Bacchus and to For-
tuna, are crowds of people of every hue, and ton^ur,
and character under heaven.
Building in the autumn of 1853 was active, and tlie
structures were of a much more durable character
than was the custom to rear hitherto. Most of the
hou
com
liigl
tlwe
the ]
dene
havii
of bi
1^'ran
and n
1k' f<M
^)r b]
'"'•anie,
J louses
Jiouses
<<»n.sid(
<|Uakes
"!^ain.st
i>tino' 1
lilon; V,
••rait- i,:
vate iiu
tlieni to
^\as fjiri
t'ver, tli
I'i'ick dv
«|>mo ot
South
Vontgoi
M'as t\ni
" I cai
JiiVs, in a
t'lo J)tli ,
J''ars one
"f" San
<"<'Ugll fc
'•'ifgest cl,
^"d Rincc
^''''»in thes
STYLK AND QUALITY OF BUILDmOS.
houses for business purposes, both in tlie cities and in
eounty towns, and mining camps, were of brick, not
liij^h but well built. In San Francisco even private
dwellings were many of them of brick, but owing to
tl>e rains of winter and the fojis of summer brick resi-
dences were never popular. A few years later, after
liaving thoroughly tested tliem, no one built dwellings
of brick; there arc now wooden dwellings in San
Francisco which cost the owners to build $300,000,
and not a sin<rle fine residence of brick or stone can
1h' found in the city. It is not the cold or damjMiess,
for brick buildings can be made as warm and dry as
IVame, though this climate does not require very warm
houses. San Franciscans do not care to have tiieir
jiouses too warm; nor with all the fogs and rains i.s it
considered a very damp climate. The fear of earth-
quakes at one time exercised the strongest influence
against brick dwellings; this, while there was no ex-
isting necessity for them, and tliey were in addition
more costly, and plainer, with fewer facilities for elab-
oiaU ovnamentation which characterizes modern pri-
vate iiviuses in this country, caused a prejudice against
them to spring up, and the fashion for frame houses
was formed, which still remains. At one time, how-
tver, there was quite a movement in the direction of
brick dwellings of a plain but comfortable character,
some of which may yet be seen at North Beach,
Soutli Park, and scattered at intermediate ])oints.
Montgomery Block, by Halleck, Peachy, and Billings
was the largest building of the season.
" I can well remember," says William Van Voor-
hios, in an address before the California Pioneers, on
the <)th of September, 1853, "and I am not by many
years one of the 'oldest inhabitants,' when the bay
of San Francisco afforded ample room and verge
I nough for the easy and unobstructed passage of the
largest class mail steamers anywhere between Clark
and Rincon [)oints; when one could make one's wiy
from the summit of Telegraph hill to the old Paikcr
B:tf!'
•m
m
m
mil
iiil
S64
SAN FRANCISCO.
house by \vlndin«^ down its baro sides, now Broadway
and l*a( ific streets, and leaping the slough, now Jack-
son street, wading tlirough the bay, now Montgomery
street, up a sand bank, now Wasliington street, to an
open sj^ace, now Kearney street ajidtlic Plaza, thence
fifty paces soutli to the point of destination I can
well remember, also, when an unobtrusive casa, com-
pan'd with the immense structures which now rise
heaviiiward here and there at magnificent distaiu'cs,
^vns all that, in the way of internal, or for that mat-
tt!r, external improvements, met the eye; when the
Parker house, the old Portsmouth house, the United
Stat(>s hotel, Howard's store, th(> venerable adohe on
the IMaza, then a custom-house, afterwards a broker's
sliitp, ami now no more, with one or two other shan-
ties, looked to us immigrants of '4D like ]»alaces; when
seraiK'd natives chased the wild bullock over the sur-
rounding hills, satisfying a lean lank traftic, not com-
inerc<s with tlie ottering of abide or horn; when a
Cirme.'e was a Iiisks vnfunv, and a w«»man on the
street-- wl\i(Ji was an imaginary line drawn in red and
blue ink on pastt; -board — an absolute and unmitigated
w<vnder."
Tl'o pihvdriver, both the ninn and the machine, was
an institution of San Francisco's bal>vlu>od. Without
tl»e driving of piles, the water-lots of tJie cove <!»«u)d
not be rvclainied, and without their re( lamation own-
ership was of little avail. The manner of it was in
thiswisit; fi-om one end of a lumlif-rinij scow I'ose,
liigli in the air, two p<n'pendi(ular beairis. betw<iii
wliii'h played a largo lump of iron. A primitive stcaui-
ongine, staniling back of tin upi'igltt beams, tlrove the
ma<'liinery. On or near the sj)ot destined to be r'-
daimed tloatod hundreds of piles, that is, young tiers,
from twelve to eighteen inclu'S in diameter, cut thirty
or f(!rtv feet in K'Uijfth, cniefuliv trimmed and sharp-
i.n\v{\ at one end. With its claws, vvhich were attached
to the e]id of a chain, the maclilne seized one of these
floating logs near the lar|^e end, and with a Nviieu'zing
SOME OF THE INIIAKITANTS.
2C5
\v:i5
kout
Iwu-
iu
Icrn
laiii-
irty
I'lu'tt
king
rattle lifted it up, planted the point in the proper
place, bringing the large end under range of the iron
block or hannner, whicli was lifted up and dropped
ui)on it in successive blows.
The sorriest of all sink-holes was the old city hall.
Originally theJenny Lind theatre, which proved to be a
bad speculation, it was by potent, grave, and rivcreiul
city fathers, for a j)r<»i)er ct)nsideration of their jxK-krts
by the seller, converted into a niunicij)al building.
The price paid was $J00,000, to whi( li must b.' added
$40,000 for alterations. It was a i)lace that few re-
spectable persons would care to enter except as driven
there by necessity. It was connected with everything
unhappy, uidioly. The basement was a vault filled
with drunkards, vagabonds, thieves, with tlu^ usual
attendants on the fraternity. On the first floor were
tlie municipal offices, the mayor's court-room behig
the tnost sickening ]>lace of all. \j\) one flight weie
the rooms of the city council, the city treasurer's ofliee,
and the district court chambers. In the third floor
were more offices. Su1)sequently wert> addiKl to the
niain (edifice the old gambling shops on cither side, of
(•lie of wliich was niade the hall of records, and of the
other, offices.
A. motley crowd wns ever thronging the streets;
the tato()ed islander, the solenm Chinaman, and the
sloveidy Chilian mingled with the more dcuided wliite
jind blaek from li^urope and Africa. A. mighty talii?-
maii hiid transformed a wilderness into a place of busy
industry, a barren ])euin.sula into a blooming city ; and
the .same subtle influenc(! was sdllat work, blending
n.\tional antipathies with kindly spm[)iithies, and har-
monizing the antagonistic elements <>t' this sti'ange
brotherhood. Blessed be gold when it can be brought
to such uses?
Thus rapidly was an orderly, iiiti>)ligont population
replacing ti»e hurrying gold -seeker.s. Those who now
|»urpose<l to makt^ California their home, were resolved
that the scum from eastern and European cities, and
•r
lili
2C6
SAN FRANCISCO.
the convicts from tlie British penal colonics, ahouki
not bo permitted to mar the fair prospects of the
state, winch sentiment led to popular tribunals, des-
cribed in another volume.
Hundreds of Micawbers were always waitlnjr for
something, anything, to come along — waitin^^ about
tlie post-office, custom-house, and other fedcal and
municipal free-soup houses ; standing in auction rooms,
and str<»lling down Long Wharf
The country was filled with would-be great men —
men who measured the greatness of their own worth
by the fancied littleness of their neighbor. Every
bosom beat high with aspirations.
I have said that in the absence of old-time associa-
tions, some were disposed to be lonely at times, to tlie
damage of tlieir morals. While this was true, it was
likewise true that, altlioughin a strange land, isolated,
without friends or female companions, exposed to
temptations, reverses and hardships, the 'forty-niner
found much in the form of a substitute for ennui.
There was an indescribal^le stimulant in the business
atmosphere, in mingling with men, not unlike that so
often glorified in the physical, which chased away lone-
liness, generated excitement, stri})ped time of its mo-
notony, and glued tlie heart of the adventurer forever
to tlie soil
A Ocrman editor of San Francisco is responsible
for the following, which he tells for a true story;
One day a German was leisurely riding ahmg Sansome
street, near Saerain«'nto, when he heard a })istol shot
behhid him, heard the whizzing of a ball, and felt it
strike his hat. Turning about he saw a man with a
revolver in his hand, and taking off his hat he found
a bullet Jiole in it. "Did y(»u shoot at me ?" he asked.
"Yes," replied the other, "that is my horse; it was
stolen from me a short time acjo." "You must bo
mi.staken," said the German, "I have owned tins
horse for three years." "Well," exclaimed the other,
" now that I come to look at it, I believe I am mis-
PLAY-COmO.
267
taken. Excuse mo, sir; won't you take a drink?"
The rider dismounted, tied his horse, and the two
found a drinkitii5-sah)on near by. Entering it they
railed for their respective beverages, talked the aflair
over in a cool connnou-place u.anner, and parted
friends.
Doctor Ver Mehr gives to C. V. Gillespie the credit
of having the only carriage in San Francisco in Scp-
toml)er 1849. Better still, the worthy doctor gives
him the credit of taking him and his family up in it
when lie landed on the beach at Montgomcrv street,
iiftor a seven months' voyage round Cape Horn. A
Indv in a carriaire was then no conunon siijht. Pass-
ing up Washington street on their way to the residence
of Frank Ward, corner of Stockton and Green streets,
the new-comers met a group of Frenchmen straggling
along the uneven ground compf)sing the sidewalk,
when one of them, pointing to the plaza, then a sandy
lot, called out to his comrades, "Voila, messieurs, la
place royale !" Just then they spied the carriage with
its fair freight, when in an instant off' went their hats,
and all shouted sinmltaneouslv, " Vi vent les dames!"
Many theatres and otlier places of amusement
sjirang up, in which the performance and attendance
v.'ere both good. The stork companies were far above
tlie average in Europe and the east. In California,
poor acting, like poor ])reaching, or poor horse-racing,
(lid not pay; it recjuired more than ordinary ability
jimong the performers to hold in their seats for two
or three hours their discriminating and restless audi-
ence. Somewhat expensive it was for the young mer-
eliant or salaried clerk, but wliat were they to do after
wnik, with no home and no congenial female society?
Almost anvthing was better than loiterhiLir about
gambling saloons, or other dens of vice, with which
the town was filled, and which it was difficult always
to esca[>e.
So it was that Callfornians were groat play -goers,
and in their gatherings might bo seen as varied a
268
SAN FRANCISCO.
crowd as over gathered in the foreigners* gallery of
an Athenian theatre in the days of Euripides. An
English sailor might be seated beside a Boston mer-
cliant; a hybrid — half Aztec, half Spaniard, beside a
French nobleman ; a Sweedish consul beside an
Italian fisherman ; farmers, mechanics, and miners all
tosjether. Amonij the men and women of the statje
time throws a glamour which softens their ruder
parts, and heightens the charm all feel in their tragic
and comic fictions.
The effect of the drama on California was most
beneficial. The craving for excitement had become
to the people a second nature. Business gave the
mind employment during the day, but at night recrea-
tion seemed necessarv. In the absence of home and
Social tics, the Ljaiiiin<jf-tablc asid the *jlitteri:i«; saloons
of prostitution wore too often the resort of men too
good for such places ; but when theatrical performances
of the better sort were offered, there was a marked
decline in the patronage of the gaming-table and
liquor saloons. The tastes of the conmmnity were
not so low as circumstances had hitherto made thent
appear. As anmsenients of a higher order were intro-
duced, those of the baser sort lost their charm. As
early as IS.*) I there was scarcely a mining town of a
thousand inhabitants without its tiieatre.
To the homeless, liouseless wanderer the theatre
was a blessinuj. And notwithstandini; all that has
i)een said of San Francisco looseness and inunorality,
tliere never was a time wlien a licentious drama was
cncouragi'd, or even tolerated. Far above the a\ t rage
tlieatre-goer of New York, London, and Paris, in
rv 'fined taste and appreciation were those of San
Francisco.
Lovers of tragedy who attended the Jenny Lincl
on the niiiht of the 14th of Januarv 1851 to witness
rizarro, were regaled witji a recital of real life which
ecjualled anything tluy might Jiavc seen upon the
stage. It appears that Airs lianibleton, who was ti)
THEATRES.
269
have acted a part that night, did not live in harmony
witli l»er huslmnd, but found the society of Mr Coad,
a member oi" the same company, more congejiial.
Matters Iiad not proceeded far when Mr Hambleton
brought on the climax in a storm of passion. Con-
fronting the lovers, who were guiltless of any crimi-
nality, he made the man promise to quit the country
instantly. The woman seeing all hope of happiness
liad gone, took poison and died; whereat Coad also
took poison and attempted to die, but could not.
There was no performance at the Jenny Lind that
night.
Jeems Pipes to the San Francisco Eveiunfj Picayune
writes from Sacramento the 2 1st of August 1850: —
" To dessippate my retched sonsa}' shuns I go to the
M street Pmificke Tlirnire; by the way, one of the
most perfekt spcciments of arkitekshure in the wurld.
The band led by Mons Bona were a playin a Jenny
Lind poker, and the ordience, graced by sum hiterest-
ing phemales, wos quite large, orderly, and respekta-
bel. The play was * Honey Moon,' Mr ami Mrs
Tliorne, from Chatham Theatre, the principal attrak-
shun. Six months ago upon the same spot wos I
sittin on a lo<:c, wittling:, and nuthinu; to see but
stumps, and treas, and a few dirty tents — so nmch
for the go-ahedativeness of Amerikans."
The signals on Telegraph hill became so many
and so intricate, and withal were so important to anx-
iously gazing expectants, that an enterprising lithog-
rapher conceived the idea of putting them on a chart
where all could see and learn tluMu. ( )ne night sliort-
ly after tlie publication of this chart, a niiWKboy sat in
the top loft of the theatre, cracking peanuts, and criti-
( ising the sons and daughters of Thespis, as they
strutted their brief parts before him. Presently one
rushed upon the stage with arms extended at right
angles with his body, and exclaimed, •' What means
this mv lord?" The bov who not onlv knew well the
chart, but whose fancy was then revelling in the an-
m
SAN FRANCISCO.
Ir
ticipated profits of his paper, cried out, " Side-wheel
steamer 1' The house, and the actor's arms, came
down simultaneously. A story is like-wise told of a
newly arrived emi<rrant across the plains, who, in ap-
plying; this chart to the interpretation of the signals,
mistook a windmill which st«)od near by for the arms
of the telegraph, and counting u[) the fans concluded
that a fleet of clippers was coming in.
Twice or thrice a month the mail steamers, connect-
ing San Francisco with New York by way of Panamii,
departed and arrived. Both were peculiar and nota-
ble occasions. It is difficult for one who has not lived
it through to realize with what nervous pulsations
these vessels were watched as they came and went.
California was then well-nigh out of the world, be-
yond the pale of civilization, of sabbath and home in-
fluence, of all the sweet memories and amenities that
make life endurable. Her people were voluntary
exiles, cut ort' from friends and all congenial society,
doomed for a period to a life of self-abnegation and
hard labor, and these days of steamer arrivals ami
departures were as links in the life-chain that was to
bind tlie future to tiie past. The present went for
nothing, or worse than nothing, pcrliaps ; for it might
be a niglitmare, a horrible dream, a something to be
blotted from the memory as soon as ended. Wiicn
the steamer came in with passengers from home — tlu;
whole eastern seaboard, and west to the IMissouri rivt r,
was then home to the expatriated of California — witli
perhaps friends on board, but abt>ve all with letters,
what a flood of tender recollection rushed in U[)on the
soul !
Therefore when the signal flag was unfurled, and
the wind-mill looking indicator on telegraph liill
stretched forth its long ungaiidy woouen arms and told
the town of a steamer outside, a thrill went throujjh
the heart like that which Gabriel's trumpet sends
into the fleshless bones of the dead. Some rushed
tot
clifl'
line
as fi
appc
grov
as it
boar
(rate
put (
antin
Alerc
iiies'
steam
the n
the m
ing W(
Tlu
and n
ness-ii
l*rou<l
citv h'i
•nultiti
djsdain
Now s
stretcii
•IS she <
•shore b
are tJie
may be
tliat sea
tlie ripi
stronger
►Some a
•'uriosity
side of
^vllarf; o
.ship is wi
ARRIVAL OF THK STEAMER.
'271
to the liilla; others mounted horses, and riding to the
<'liff, watclied the httle cloud of smoke under the sky-
line thicken and blacken; watched the vessel emerge
us first the smoke-stack and spars, and then the hull
appeared above the horizon ; watched the little speck
grow into a great leviathan, as lazily — oli 1 how lazily
us it appeared lo those on shore as well as thoso on
board — it ploughed the sea and entered the (;ro]den
(irate ; then returning, watched the little bouts as tliey
put out from shore to board the monster — the quar-
antine officer's boat, perhaps, with the yellow flag, the
Merchant's Exchange boat, and the express compa-
nies* boats; watched the white smoke from the
steamer's gun curl up and float away in clouds, while
the report reverberating through the streets roused
the more abstracted occupants from their soul-absorb-
my: work.
Then a stream of hacks, and wagons, and tlrays,
and men on foot, hotel-runners, working-men, busi-
ness-men, and loafers, set in toward the wharf
IVoudly the great ship sweeps round the bay to the
city front, as if conscious of the admiring gaze of the
nmltitude; leisurely, and with majestic dignity, as if
disdaining to make an exhibition of her strength.
Now she stoj)s her wheels, and yawns, and blows, and
stretches her neck, after her fortnight's journey ; then
as she drops hito her berth, the crowds on ship and
shore begin their noisy jests and salutations. Hearts
arc there heavy with anxiety, waiting for tidings it
may be which will affect their entire future; but on
that sea of upturned faces you find no lowering clouds;
the ripiding waves are wreathed in smiles, ami the
stronger surges break into hilarity and badinage.
Some are there to meet their friends, others from
curiosity ; some have climbed from small boats u[) the
side of the vessel while she was aj)proaching the
wharf; others stand on the tops of piers, and when the
ship is within a few feet leap on to the deck, where theie
IMAGE EVALUATION
TEST TARGET (MT-S)
//
//^ ^
%>
1.0 IrfiM IIIIIM
I.I
12.2
itf IIIIIM
1.8
1.25 1.4
1.6
.4 6" —
►
V]
<^
/a
0>i
%
Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, NY. 14S80
(716) 872-4503
f/.
fe
^
i
272
SAN FRANCISCO.
is a scene of embracing, kissing, laughing, and crying,
impossible to describe.
The passengers land and make their way to the ho-
tels, when they luxuriate in a comfortable room, bath,
and a table from which food once more seems palata-
ble ; clothes are taken from the trunk and put on, the
creases in which mark the wearer as a new comer.
Meanwhile lines begin to form at the post-office win-
dows, although it may be twelve or twenty hours be-
fore the mails are ready for delivery. Thither con-
gregate the anxiously expectant, the husband and
father hungry for news from home, the lover with
soft eyes and flushed cheek and tingling nerves, and
in whose breast angels and imps alternately beat their
tatoo as he waits to learn his fate ; the rough miner,
tlie merchant's clerk, the mechanic. Ah 1 never were
letters so longed for or so prized. Alone in that mot-
Icy crowd, for months without one word from home,
the heart steeled to the world around them, deadened
in that social Sahara, here was the only solace for
heart-sickness, the only sustenance the soul would
have perhaps for months to come.
Rapidly the lines lengthen, until perhaps five hun-
dred persons are gathered there, having the appearance
at a distance of a mob, but with the utmost order and
regularity, each new-comer taking his place behind
the last before him. There is no respect of persons,
no crowding or jostling ; any attempt at unfairness is
speedily put down by the omnipotent majority. The
raganmffin, who everyone knew never wrote or re-
ceived a letter in his life, might take his stand besit!(^
the millionaire, and sell his place as opportunity oflercd,
when near the window, to some one whose time was
more valuable than money, which he frequently did
for five, or ten, or twenty dollars. Some bring thoir
stools and while away the time reading, smoking, and
chewing. Eastern papers are sold by the newsboys,
peripatetic cafes and liquor saloons walk about on
French legs, and hand-cart hotels are rolled along tlio
Jinei
dow
of a
St
ages,
cursi.
disco
awak
rare c
iucn £
of tlie
cisco.
conjpL
shirts
and s]<
scarcel
seem ?
see We
disguis
tlieni ?
Loo]<
telj nie
witJi; .
find no
tough,
iioart w
Jiie if yo
or paJac
'ittentivc
'lo Avho I
';«ard fro
pulse is
iHftn. TJ
«ort ofga
'juently s
On nea:
anxious.
Cal.
AT THE POST-OFFICE.
fil>
lines dispensing the ordinary edibles of the table.
Finally, after long and tiresome waiting, the office win-
dow is opened and the line moves forward at the rate
of a step in about three minutes.
Standing in those lines through hours that seem like
ages, outwardly jocund, but inwardly bleeding, the
cursings and ribald jests that fall upon the ear mingling
discordantly with the purest strains of human affections
awakened by tender thoughts and heart-longings, a
rare opportunity offers us to see of what stuff thi!se
men are made. They are rough-looking fellows, most
of them, even if our post-office be located in San Fran-
(isco. IVIany of them fossil-featured with bronze
complexion, shaggy-haired and unshaven, have torn
shirts and ragged pantaloons; while their heavy boots
and slouched hats are so worn and full of holes as
scarcely to hold together. Are they not what they
seem ? Does their aspect in any way belie them ; or
see we here men of sovereign and elastic natures so
disguised that even their mothers would not know
them ?
Look into their eyes as you go along the line and
tell me if you discovered much that you dare trifle
with ; look under the unkempt hair and tell me if you
find no intellect, and through the worn vestures and
tough, storm-beaten flesh-coverings down into the
licart whence ebb and flow the issues of life and tell
me if you see there no pleasing pictures, no gardens
or palaces where truth and loveliness sit enshrined.
If you would know somewhat of them, regard them
attentively as they receive and read tlieir letters ; for
lie who can open a letter from the home he has not
licard from for months without a flush or quickened
j)ulse is either a very courageous or a very callous
num. This letter-opening at very wide intervals is a
sort of gambling with fate, in which hope not unfre-
(juently stakes happiness against fearful odds.
On nearing the window the face lengthens and looks
anxious. The name is given, and the response comes
Cal, Int. Poc. in
• )
274
SAN FRANCISCO
"Nothing, sir." "Will you please look again says
tlie disappointed applicant "I canie round Cape
Horn ; they were to send me letters after I had been
out a month and it is now six months since I havo
heard a word." "I told you, sir, there is nothing
hero for you ; the next." This time a letter is forth-
coming. Stepping aside, with trembling hand the
recipient tears it open and begins to read. Mark the
pallor that shortly overspreads the countenance, the
stiffening of the muscles of the face, the compression
of the livid lip, the wave of agony that mantles the
features. In a moment the blood which from every
part with one accord rushed to the heart to bi'cak it,
returns, but you can see as the man moves off that
he is stricken as with a knife-stab, without the mut-
tered "Oh God, she is dead!" The next in line may
be as frantic in his joy as the other was desolate in
his sorrow. All unconscious of his surroundings, ho
laughs aloud, kisses the precious missive, and skips
and dances like a delighted school girl.
There stands one, a man of middle age, noble look-
ing and apparently of decided character, intently
perusing some closely written pages. He was and
yet is honored by his friends at the east, who say if
one only escape with honor it is he. Of the church
he was a trusted member, in his family an adored
husband and father. So great was his own inward
sense of strength and right intention that he scorned
the idea of demeaning himself, and gave it scarcely a
thought. But like every member of the race, he
knew nothing of himself until he was tried. Cali-
fornia opened his eyes, as thousands of othci*s liave
been opened, and showed him a nature wholly differ-
ent from what he supposed himself posscaf«ed of.
Instead of high religious sentiments and moral purity
hitherto enjoyed, he finds himself in the society of
harlots, a gambler, an unbeliever. Yet as he reads
that letter, written by a tender loving wife whore
faith and trust in him the whole world shall iiot shake,
STEAMER-DAYS.
273
telling him of her deep abiding love, of her patient
waitings and watchings, of her deeds by day and her
dreams by night, of the hopes and plans that await
his dear return ; telling of his children one by one,
how they have grown in goodness and loveliness, how
the little one, whom he has never seen, has learned to
lisp its father's name in its evening prayer — as he
reads the letter which thus so vividly recalls tlie swet t
and hallowed past, you may mark the twitcliing of
the muscles in his face, the tears trickling down lii?4
cheeks, and the bosom swelling with emotion. Gijin*'
to his room he reads and reads again tlio letter, vows
reformation ; but over this oasis of his desert life the
sands quickly blow, and he soon goes on the old licen-
tious way again.
Steamer-days, the day before the sailing of the
steamer for the ea^, were the great tickings in social
and conmiercial time. Bills were made to fall due on
those days, letters must be written on that day, and
collections and remittances made. Passenijjers nmst
get ready, and if not done before, they nmst secure
tlieir tickets. They were feverish, fidgety days.
From morning till night collection clerks with a pack-
age of bills in one hand, and the mouth of a canvas
coin-bag slung over the shoulder in the other, were
rushing about the streets, and seldom was tlie office
lamp extinguished before twelve or two o'clock.
On the morning of tlie sailing of the steamer, all
work having been finished the day or evening previous,
passengers go on board, attended by their friends to
see them offl The idle and the curious of every caste
and calibre likewise crowd the wharf and decks for an
liour or two before the departure. Trunks are taken
on board; the passengers, laden with packages of
fruit, books, bottles, and boxes, find their respective
places. In the cabin, the black bottle Is frecjucntly
passed around, and champagne made to flow freely.
The forward part of the ship is filled with miners, go-
ing home with all the prestige of travel and ad^•cnture
276
SAN FRANCISCO.
in strange lands. It is a matter of pride with many
to be seen by their friends in their mining costume ;
so the bushy head and long beard are protected with
care, and every hole in the battered hat, every patch
in the woollen shirt, every dirt-stain on the greasy
pantaloons, are regarded with hallowed affection. Thus
appeariii:j in his native village, with hints suggestive
of secreted gold-dust, and inuendoes which seemed
to say, " I could tell you a thing or two if I liked,"
"Perhaps John Robinson came back without his pile,
and perhaps he didn't," the returned Califomian is the
hero of the hour.
It was a common remark that more money went
east in the steerage than in the cabin. Some canied
buckskin bags of dust in their pockets, others in belts
under their shirts, and guarded by an ominous-looking
navy revolver. Experience had made many shy of
entrusting their hard earnings to banks and express
companies, and freight on gold was high. Sometimes
a party of two or three would put their fortunes in a
carpet-bag, ten or twenty thousand dollars' worth of
gold-dust, alternately guarding it, and never leavhig
it unwatched for a single instant during the whole
voyage from San Francisco to New York, thereby
saving in exchange the price of passage for each of
them. Notwithstanding all their care, many return-
ing miners were robbed by professional sharpers, who
infested all the main avenues of travel, and followed
their vocation regularly on the steamers between As-
pinwall and New York.
In the steerage also were many penniless persons,
broken in health and spirits, going home to die. There
were those, pusillanimous and disgusting individuals,
eaten up of disease, already morally dead ; there vfcrc
self-pitying unfortunates, whining and complaining,
whom success never attends under any circumstances,
and who never should have left their mothers' apron-
strings; and there were those who had manfully
fought the battle and been beaten. Faithfully and
a per
To
confir
the
to be
talk;
chang
and as
from
lookin
meet (
Were c
commt
taste
fancy
nature I
UifluenJ
LETTERS FROM HOMR
277
J)atiently these last had toiled and suffered, hope and
ear alternatmg between fortune and disease, unwilling
to give themselves the needed rest and care with
wealth and happiness just within their grasp ; and so,
with their thin pale faces, and sunken eyes, and hollow
cheeks, they feebly drag themselves about with hope
crushed, and this world forever lost to them. God
grant that they may find some soft hand and sym-
pathizing heart to smooth their dying days I
The periodicity of this business phenomena contrib-
uted largely toward a fitful and spasmodic progress.
On these occasions the past and future seemed to
mhigle with the present, and hope, regret, and doggetl
determination filled the heart with lontjings indescrib-
able. Likewise the custom of merchants, and indeed
of all classes, of making frequent or occasional trips to
the east, for the purpose of seeing their friends, at-
tending to business, marrying, or bringing out a family,
exercised a strong influence upon the development of
rharacter in California. Even miners, in some in-
.stances, would make their periodical migrations, spend-
ing a season, as they called it, in the mines, and then
a period of rest and pleasure at home.
Tom suddenly from the dail}^ monotonous struggle,
confined for twenty or thirty consecutive days witliin
the narrow limits of a steamship, there was nothing
to be done but to sit down and think, or read, or
talk; and this meditation, or series of meditations,
changed the whole course of many a life. Thouglits
and aspirations then arose, which, but for this isolation
from business, never would have been conceived;
looking out upon the sea, time and eternity seemed to
meet on the distant horizon, the windows of the soul
were opened, and God and nature admitted to a closer
communion; the ideal of manhood was elevated, a
taste for travel and improvement was engendered,
fancy was set free, the mind broadened, and the whole
nature of the man enlarged under these beneficent
influences.
ijiii
W
278
SAN FRANCISCO.
Letters from home 1 blessed be letters I Though
they come travel-stained from a voyage of seven
thousand miles, across two oceans and a continent,
they are as fresh with old associations, as fragrant
with sweet reminiscences as if penned but yesterday.
How like angels' visits they come at steamer intervals,
and what a spell their presence casts, freighted as they
are with love and kind greetings. Many a time have
I sat at my table, far into the night, opening one
after another from a pile of business correspondence
before me, having first selected and placed unopened
on one side, yet not so far away but that my hungry
eye could rest on them, all that breathed of tender
memories and pure affection, resolutely holding them
there, the best for the last. There they lay filling
the room as with a spiritual attendance, throwing
their magic influence into every fibre of my being, and
dimming with moisture the eyes that would not cease
to look on them. Then with what tremulously sweet
and bitter emotions T would take them up and break-
ing the seals, let into my fluttering heart the soothing
stream oi mellow memories, drank once more from
the fountains of my youth, and bathed my weary soul
in the sacred atmosphere of home. Sweet silent
messages, whose witching presence can so wean our
sordid vision from the seducing mirage of glittering
dustl
An impecunious discouraged young man digging
at Columbia, who had found his friends at home de-
linquent in writing to him, determined to bring a re-
sponse if it lay in the power of ink and goose-quill.
Accordingly he seated himself and wrote three or four
old gossips asking the price of land, and stock, what
advantageous investments offered, what a fine farm of
two or three hundred acres could be purchased for —
since which time during his stay in California there
was not a mail but brought him letters.
The new post-office building, now in the autumn of
1852 fronting on the plaza, and extending from Clay
toC
affai
was
stree
edito
Tlie
the \
tlie SI
Prob
a vari
ploy E
iVenc
there
contin
cific.
the Sa
steanie
sent a\
twice a
thousai
to disaj
The
I find
1851.
hi San
which .
obJitora
covering
remain
tide of ii
The Olc
among
the Apol
— have c
warehous
land-mar]
stairs, at
Wliarf.
along the
11
1
t
OLD LAND MARKa
was an entnmce at CtheJ.V^A^^""^*^"- T"'«'-e
^1^1 to street. Tl,e Fren"),^ thl " P"'^«'"^ f"""
editors eaci. had a part asSed ev!.I*°"";"' *'"' «'«
the building, but thlvrnTtl^," "''i?'" '™Sth of
Oie stea«,ers led into and far T !^ ,"■; ^''^ ''™val of
Probably never a Dost ,7ffi„ "^ *?'' ''""'n the street
variety of langua.^sl^^f.T"?^ '^"^"^ i" "ue
ploy a Chinan,a°n, af J'elerks w, ""' """'*^'7 to en,
l;>ench, German; Spantj, a„??t"!'''"''^«' ^"^i"".
there were letters fion. Sw,^"^/v """• ^<i<^ «hich
cont,„e,,tsofAsiaandAfr"ra^^!^'"^r'/«la»d.the
"ftc The average nuiulx^r ofll '/'""dsof the Pa-
theSan Pranci^o posUffi^e ^n [b "''".'■T'^«'"'y
steamer, was sixty tliousand „ ?.?** *"'™' "f eaeh
sent away by ea^hst^al^t' "ft *':t''^"'^Se number
twice a month ten thouZd n! ^ *'>""»a'«l-leaving
'.San .tsrtr- ^-^^^^wSs
whieh have so frequenU ' Ct^ "**>'• The fires
"WitcTated many, ajid Z math If' """ "'^ ''^ve
eovenng the rest, so thatin a^?,„f •""P^^n'ent '«
remam to show how San vt ■ '""*' ""thing will
"«°f {""nigration SmZZn^Tol f*'^^,''''^" the
The Old Adobe, the Citvwl iT "^" ■>«■■ chores,
among the things that wif 'h il " H ^t?-"'™' «'«
the Apollo— evidences of *t . " *''® Niantir and
-have disappeared :nd^^t^"'7rise of a later da e
warehouses built ok solid e„wi ^'A'^"" ^^"'^ la>ge
land-mark, is now abou bei„f re °"^°^ '""^ '"^t
stairs at .,hat used to bTTlfe '^'"°^e'^_the boat-
Wharf The steam paddv h^ d "''Ti'y "^ Long
along the old wharf Une and ,b» ''7''^ '*' »»'! «"
' *"" *''e stws are rapidly
280
SAN FRANCISCO.
siglit.
covered. Another week will put them out of
It is melancholy to see these old, well-known
relics di8appearin<; from our midst. How many a
hopeful man has landed on those stairs, whose bones
lie bleaching on the plains or in the ravinos of the hi-
hospitable Sierra I How many a sanguine youth, the
joy and hope of a loving family, lias bounded up then,
buoyant with hopes never destined to be realized I
Great hearts have passed those steps ; honest hearts,
biy: with determination to win a fortune in this j;oldcn
land, not for themselves, but for those whom they
loved better than life. Alas 1 many such are broken
with grief ere this.
" We well remember the scenes which used to bo
enacted on those steps in olden times, at the arrival
of the monthly steamer. The crowd of emigrants
gazing in astonishment at everything they saw ; the
few females who did arrive shrinking in terror from
the red-shirted men, bearded like pards, whom they
saw around them; the eager and heated boatuien,
pushing, tugging, and swearing, in order to get first
to the steps; the news-venders, with their dollar
Heralds and Tribunes! Ah I those were fine old times,
after all.
" But think of the treasure which has gone down
those steps 1 The millions and millions of dollars,
when the -steamers were about to leave I Rough,
plain, and unfurnished as they were, none have ever
borne one half the treasure which has passed down
them unnoticed. They have been the funnel through
which all the gold of California has been poured upon
the world.
"A fairer morning never rose on earth. The clear
blue sky hung above, and the pure atmosphere,
through which the mountains twenty miles away
could be traced to their every furrow, enveloped the
city when she arrived, a girl of eighteen summers, as
beautiful as the day itself, clad in her bridal robes.
She
and
passi
<'ouI(
But
brigj
trod
Was c
clinia
ing r(
againj
those
JJourec
not; t
led wi<
in his
so tenc
and of
he hac
happy i
ho kne
he kne
could
TJie col
more, a
tlarknes
showed
stairs w
"Let
They ha
tlie wor]
tliO
Hone,
one. Pi
The
streets, d
state. ]y
^ay on
gol
c
V
THE LONG WHAIIF BOAT STEPS. M
She had been married that morning on the stisanier,
and buoyant with life, and hope, and gladness, slie
passed up those steps, followed by a train in which
could be seen all the i)C'auty and talent of the city.
But those heartless old stairs never looked a whit the
brighter for all the beauty and all the worth that
trod them.
"Again: the rain came down in torrents; the night
was of that pitchy darkness which is only known in
climates such as this. The wind in gusts came slash-
in«_j round the corners, drivini; the torrent like waves
against the houses, when a man came crawling down
those steps. He sat there for an hour. The rain
poured down on his uncovered head, but he heeded it
not; the wind tore open his ragged clothes, and wrest-
led with him, but he felt it not. With his face buried
in his hands-, he thought of the mother he had loved
so tenderly, and the sister whom he had cherished;
and of her, dearer far than either, to win whose hand
he had first ventured to these shores. Were they
happy ? Were they even alive ? He knew not, but
he knew that he wanted bread, and had it not ; and
lie knew that though those at home were poor, he
could not reach them to rescue or suffer with them.
The cold wind and the roaring rain beat on an hour
more, and his seat was vacant 1 He had rushed into
darkness, and the wave which closed over his head
showed him no more pity than did those heartless old
stairs which had witnessed the struggle of his soul!
" Let them go I Cover them up — pile on the sand !
They have had too much to do with the misery of
the world to be worth saving. What good has all
the gold done which passed down them? Perhaps
none. How many has it made happy ? Perhaps not
one. Pile on the sandl"
The winter of 1849-50 was very rainy, and the
streets, devoid even of sidewalks, were in a horrible
state. Mud and filth from six inches to six feet deep
lay on all the principal thoroughfares, which one
SAN FRANCISCO.
might wado or swim according to depth and consist-
ence. But by the winter following some of the more
central streets wore planked, and remembering their
former abasement horses and drivers became frisky as
the animals' feet clattered upon the firm thoroughfare,
and there were loud complaints against street-racing.
Not only equestrians dashed their horses up and down
the o'owded streets at unlawful speed, but the buggieii,
carriages, and even carts drove ott* at furious rates.
It was a difficult country for either animals or men
to keep quiet in.
Very different was the aspect presented V)y Califor-
nia street in 1853 from that of 1873 after the banks, in-
surance buildings, and Merchant's Exchange had been
erected. At the former date the planked street was
perforated with holes of various sizes and doptlis,
some of dimensions sufficient to swallow a horse and
cart, others aspiring to nothing larger than a man's
leg. The occupants of the street, however, did not
seem to take the matter nmch to heart. Many
of the apertures were fenced in or covered and labelled.
Over one was drawn a large picture, a caricature of
the vicinity, representing the street with the surround-
ing buildings, and a horse and dray just disappearing
through one of the openings, while another quietly
stands by looking on. On the boards which ^ larded
the way were placards and divers inscriptions, such
as, "Head of navigation; no bottom." "Horse and
dray lost; look out for the soundings." "Storaoo
wanted; inquire below." "Squatters attention I 1)\-
ver's ranch." " Office to let in the basement; Wil-
liam Diver, agent." "Good fishing for teal," and
others of like import.
The winter of 1849 bore hard upon both merchants
and gold-diggers. The season was very wet; the
people were unfamiliar with the climate, and not well
provided with shelter or clothing. There was the
half-starved miner in his board house or cabin, the
merchant shivering in his tent.
loWoi
nienr,
•'arrjO(
large
of Lo
l»retex
to bet
the du
]>resen
some
Women
withou
too pro
an act (
strange]
^vritten
l>rance.
Stran
l>lood an
gonerati(
l)ulJ-figh
graced tl
daughter
("ros Wen
knights \
'nounted
the most
wlien the
tu'ne, ass
most ao-iJe
thrust of
infuriated
oass of tl
adherents
there was ]
usually pro
the ancient
BULL B'lOHT.
Inuring the winter of igrw o x,
l^-r portion of the vaJIey o7r„ w' "■ '""'^ ^^ ^''«
"'^''>,'tHl, wore driven into fl/ .V:''^'^o'''"a. then sub-
^^•'•^'' destitute; olher" ha^ ' ''r"'', ^^»«* ^^ them
;>^n.od gold-dust: men unao.n^ ^'"^i ^^^ ^^' J'an "
^^^rge cities foil victhn« ""^f ustomed to the ways f
;>^ Long Wharf^th/^it :: f^'^'^V^f^-nd s^rkj
pretext into a low don and f '"^^^?^^d under some
;> bet on some surHl^.^ wi^ .r^'"^' ^ "^''"-d
tJ»e dust changing Lands V i'"" "'"^^ ^^^u^t of
presented in San iVancisco of T^ ^Pecta^-le was thJ
-";o women actuanrtarv'rl ^^7'^^^ '»^" «^'J
women tenderly reared hT l^-. ^^'^^^J m^H and
too nroud to If»f +i. • *^''rK, without frieiuJa. „« i
«t™,gen, as ^ell rSd, "*^ ""' *•>«" done K
written „f a surety i„ the r""^''^'^-"' ''"■"• ''"*
l.mnce. ^ '° »*« au^,. s book of ren.e.n-
.-negations after thd'dS , ""xhe t'"' ^'^'"^ ""
imll-fiijht was an iniDo-im, -Ine tune was wl,™ a
Kiaced the arena andTh^ spectacle; when ro '2.
"•?« were powerful a„d^et?J, '^"^"j"^; *''™ the
liiiights with all the m.!f J ' ^^^ P'<^«dwes, clad likp
'pnted on metttZr^2""' f ''''™''-/ and
t e most dashing hor^menT"'^, /'<"'*. were
.en the Ja«<i^/i^,;?^'J,^"te world could find;
tume, assisted by the 1.., ''^^* e'ese-fittin.r cos
■"o^t agile of foolfi' btet t'n l^^T" *■"« •l'''^'<est a^d
thmst of his keen fwo^' f ,*''« """«'*'• with one
™?f ef this pastime wlsTal i'^ ^''""."d. The car?
adherents aft^r the adZ,t'f1l,°'"lr''"y by its
«"«-entc.tom5Tr;Xpp7bte:s
284
SAN FRANCISCO
starvation and exhaustion, with tirped horns and ter-
rified expression, was goaded into the arena, while
brutal-looking tawdrily-attired horsemen on raw-boned
Rosinantes, attended by ragged banderillos and chulos
pricked courage with their steel weapons into the
poor beast — which had all the sympathy of every
human witness — and then clumsily butchered it.
Perambulating the streets of San Francisco on the
23d of May, 1850, was a tall, raw boned man, in blat k
skin and black clothes. His wooly head was sur-
mounted by a white beaver with a broad blue band,
and in his hand he carried a bell which served to fill
breathing spact s with its parenthetical ringings. His
demeanor was as grave as Mark Antony's when ho
mourned over Caesar's body; his voice was as ridi,
his gesticulation as efi'ective, though his harangue
was not untinctured with a vein of burlesque. A
dramatic black man, in black clothes, with a white
hat bi)und with blue, and carrying a boll; and these
were his words : — " Look a-here, white folks, T'se a-
gwine to gib you all fair notice dat de bull- fight what
is a-gwine to be dis arternoon, ain't a-gwine to be till
to-morrow at de same time, 'coz dev can't come it.
Ting-a-ling-a-ling. 'Coz dey ain't got de bull by de
horns. He ain't come to town yet, but is comin' fas'
ever dey can fetch him along. So de bull-fight is a-
gwine to come off to-morrow arternoon. Ting-a-ling-
a-ling. An' arter dat a chicken fight. It's truth I ni
a-tellin', gem'men. The bull what's agwhie to fight 's
one of de bulls what you read about. He's done been
and killed nine men already, but he says he can't kill
de tenf 'coz how he's too much for him. He's eiglit
feet, am dis bull, an' jus' about sixteen feet long ef lie
knows hisself. His horns am done been jus' about
six feet 'tween de tips, and de hair on his back am
been grown up to de sky, an' de crows hab done gone
an' made nests into it. An' I'm obliged "t/O tell you
dat de bull-fight is obliged to be postponded till to-
morrow arternoon, when you mus' all come an' see
PROMENADE STREETS.
dig splendid bull, sartjn shore ; an' de chicken fight
what's a-gwine to take place arter de bull-fight which
am a-gwine to take place 'fore de chicken fight. Bof
of 'em togeder has been obliged to be postponded till
de next day, which am to-morrow artemoon in case
it should be a fair day an' not rain."
The plank road to the Mission was the boulevard
of 1852-3, the first established public drive and public
promenade in San Francisco. Winding among the
sand-hills from Mission or Howard streets, the road
tlien boasted its four-horse omnibus line and its two
toll gates. On every pleasant day, from morning till
iiivrht, it was thronjied with men of fashion and women
of pleasure, idlers, loafers, gamblers, babies with their
mannnas or nurses, making their several displays in
their vehicles of divers descriptions, each after the bent
of his own wise or foolish fancy. Along the road were
vegetable and flower gardens, and some little white
cottages were soon seen liere and there nestl in jj anions':
the sand-hills. Here San Francisco took the air;
her^ was the resort at that time of San Francisco s
best society.
Another great promenade of the city about this
time, or a little later, was Stockton street from Wash-
ington street to Washington square. It was then
hut partially graded and planked, but on it were tlu
handsome private residences and the principal churches.
West of this the streets were for the most part in a
state of nature, though many pretty cottages and
some fine larger houses dotted the hillside. Dupont
street, with its salt)ons and small shops, wasathronged
and busy place. At night the gambling shops and
stores were brilliantly lighted, and in the different sa-
loons were women in great variety, Spanish, English,
(Jerman, French, Kanaka, and Chinese. Durin*' the
tlay it was the chief thoroughfare between the busi-
ness portion of the town and the residences in the
direction of North Beach. The custom house, city
SAN FRANCISCO.
hall, post-office, the more gorgeous saloons, with cigar
shops, fancy stores, and livery stables, were on Kearny
street, the street of loafers, litigants, lawyers, officials,
politicians, the idle and the employed, and also the
street of fast riding, which in those days was more
common than now, Montgo'^^ery street from the be-
ginning was the Wall street of San Francisco, the
street of bankers, brokers, gold-dust buyers, jewellers,
book-stores, and newspaper offices, with a free sprink-
ling of restaurants and drinking saloons. Below Mont-
gomery street, on land reclaimed from the bay, were
the large warehouses, wholesale stores, and auction
houses. On Sansome street was the American thea-
tre and several hotels. On Battery and Front streets
were many brick buildings well stocked with goods.
Davis street, built wholly on piles and the last opened,
was the resort of seafaring men, and the shops mostly
contained ships' supplies. To these and the intersect-
ing streets from Jackson to California, with the ex-
ceptions of the Clark point and iron manufactories of
Happy valley, the business of San Francisco was
chiefly confined — a small area, truly, when we consider
the astonishing amount of traffic carried on withui
these limits.
Wo is me for I am in trouble 1 was the one \oncr
contiimous wail of San Francisco from birth till past
babyhood. Born of disorder, corruption rankled in its
blood. Colic and physic were its alternate comiwii-
ions during infancy, and ofthnes the remedy was ten-
fold worse than the disease. Wealth untold was its
heritage, but all of it was given, before she numbend
six 3'ears as a city, for an enorm<ius debt. This was lur
first trouble, vast property in her pueblo lands, and
ravenous wolves to lap it up. Water in front and
drifting sand-hills behhid, the equalizhig or gradinu'
of which was a trouble. Fires were a trouble, and
streets, and debt ; the hounds of '5 1 and the ballot-bt )X
stuflers of '56 were troubles. Yet withal the child
grew and waxed fat.
HONEST HARRY MEIGGS.
287
Like a thunder-clap dropped on San Francisco the in-
telliijence that Henrv MeiofffS had absconded. Honest
Harry Meiggs 1 A defaulter, forger, swiiidlcr, impos-
sible 1 A week ago he was the most popular man in
California, his record was the cleanest, his reputation
tlie most spotless. On Friday his failure for the sum
of eight hundred thousand dollars was announced.
On the Tuesday previous he had bought the bark
American, furni.shed and provisioned her in princely
style, and the same night sailed with his family for
"ports in the Pacific." The journal of this, Sunday,
morning, October 8, 1854, leads off with a long list of
forged comptroller's warrants, together with others un-
told, aggregating half a million or a million of dollars.
John G. Meiggs, brother of honest Harry and
newly elected comptroller, also sailed on the American
for these veiled "ports in the Pacific." Why did he
go away being likewise a popular and capable man
and newly elected to office, unless it was that being
cognizant of his brother's crimes he preferred flight to
braving the disgrace ? Besides the spurious warrants,
merchants soon found their forced notes in circuL^.tion,
and these could easily be traced to their source.
Honest Harrv nmst be the rojrue 1 Then a thousand
Hngors pointed that way, bony, bloodless fingers, and
plump, fat fingers, digits horny with hard labor, bc-
lomjintj to washerwomen, and working; men, and the
diamond digits of merchants, bankers, and frail fair
Few escaped the fangs of Harr}', for he was
ones.
(lever, he was popular, and above all he was honest.
So tliey, his victims, loved to call him Honest Harry
^NEeiirtifs. Now the connnunitv cursed him. Con-
gregating upon the street corners, men told their
losses and swore if they could catch hhn they would
liang liim Even now in the opinion of Sweeny and
Baugh the bark American is becalmed outside, only
twenty miles southwestward off the heads, and Cap-
tain Alden with the steamer Active, is going to sweep
the coast for sixty miles in both directions. Now
SAN FRANCISCO.
Harry, quickly and vehemently say your prayers so
that hell may hear, for if the north wind fails you,
you lose your head and the South American govern-
ments a great railway financier. Alas I the Active
breaks down and the swindler escapes.
A magnificent audacity characterized all the tran-
sactions of thic the prince of California swindlers, or
as his victims put it, he "played it in fine on 'em."
Thirty-three thousand dollars of Wm Neeley Thompson
and Go's forged notes were endorsed by Henry Meiggs
two and a half months prior to his departure. Stock
of the California Lumber Company, of which he was
president, was forged to a large amount — some said
half a million. It was his custom invariably to give
his forged paper as collaterals to moneyed men who
would lock them up and make no attempt to realize
on them ; or he would deposit it in some bank, take a
certificate to that etfect, and obtain the money on the
certificate. In this way his guilt was kept secret u})
to the last moment.
When the captain of the American was questioned
why he was fitting up his boat so sumptuously and
whither he was bound, h replied, that the vessel had
been purchased by two wealthy gamblers, who in-
tended a trip of pleasure and adventure on the Pa-
cific, first to Puget Sound and then to Australia. In
leaving the city with his family Meiggs took a car-
riage and said he was going to San Mateo; but stop-
ping at Mission Point on the bay, he embarked in a
small boat for his vessel, which was lying in tlie
stream. No sooner was he fairly on board than the
bark was towed out to sea, and hoisting all sail was
soon out of sight. Before leaving he wrote a letter
to Goddefroy, Sillem & Co., informing them of his
intended departure from the country never to return.
Owing them a large amount he left a confession of
judgment in their favor for two hundred thousand
dollars, under which they immediately attached a
large amount of property. This letter and confession
YERBA BUENA CEMETERY.
were not delivered until the day after his departure,
and the attachment that followed was the first inti-
mation the public had of his failure.
That the arch criminal had confederates in the
board of aldermen, of which he was shortly before a
member, among the street contractors of whom he
was special patron, and among those who aided his
escape, there can be no doubt. That his scheme
should so successfully have prospered in the face of so
many chances against it, shows him to have been what
his previous career in California and his subsequent
manipulations of South American railway systems
amply prove him, a matchless financier and manager.
It was one of the most gigantic swindles successfully
perpetrated tlie world has ever seen. What is
stranger still the money which he carried away,
united with his consummate skill, yielded him an im-
mense fortune, and to this day he has never been
brought to judgment. Having served an apprentice-
ship in the politics of San Francisco, he felt qualified
to manipulate governments on a grander scale ; and
notwithstanding the blasted rejmtation which folK)wed
]iim, he acquired such an ascendency over the leading
minds of Chile and Peru as to blind them to his fiiults,
and build for himself a gigantic fortune and a workl-
wide fame.
As in all scoundrelism there was the utmost heart-
lessness displayed in his frauds. Rich and poor alike
lie plundered, and scrupled at nothing which should
add to his ill-gotten gains. The exact amount car-
ried away by him was never known — probably about
six hundred thousand dollar ' Many victimized never
mentioned it. His failure and forgeries left him de-
linquent over two millions. The American was pro-
visioned for a two years voyage, the bills for wine and
tine stores amounting to over two thousand dollars.
She was well armed, having on board four guns, two
of them brass pieces, and was manned by a crew
ready to do their master's bidding, so that if over-
I.
(AL. Int. I'oc. 19
290
SAN FRANCISCO.
taken tlie fugitives undoubtedly would have made a
desperate resistance.
Yerba Butna cemetery could tell some strange tales
if its dead could speak. Little dreamed the grave-
diggers of those days that these dreary acres dotted
with chaparral and sage-brush beneatli, with here
and there diminutive oaks and stunted laurel whicli
hid the timid hare, while the howling coyote prowled
not far ofi*; that this uninviting wilderness should so
soon be laid out in broad streets whose sides should
be lined with beautiful residences, and that from tlu;
very spot where were then deposited the tired bones
of the argonauts should so soon arise the magnificent
city hall of this young, giant metropolis.
There was one solitary manzanita with blood-red
stalk and ever-green leaves which looked as if it hatl
strayed from some happy valley of the Coast Range,
hidden from the rude blasts of ocean. It seemed out
of place here, this bloody red and green shrub, midst
the ghastly white of dead humanity. It was a sor-
rowful looking place, harboring the remains of sor-
rowful men.
It was in February 1850 that the ayuntamienlo
set aside there shifting sands for burial purposes. In
1857 an old fence enclosed the sacred ground, entrance
to which was made through a dilapidated gate. The
place was sadly neglected, the paths in places entirely
obliterated, and the grove approached only by wad-
ing ankle deep in sand. There in a dismal pit,
twenty -five by eighty feet, lay the bones of 800 i)i()-
neers, piled side by side, and one above another, .i
strange medley, and whoso flitting ghosts could each
tell its own strange story.
Beside this mammoth sepulchre was the bone-
bleaching ground of the Celestials, where the disin-
terred bodies of dead Chinamen were whitened and
dried by the bonfire made of theirown redwood coffins.
When properly cured, these precious relics were car< -
fully packed in strong boxes, and shipped to the angoi-
vis
he
der
bofi
row
ing-
witJ
grea
\^
feet,
bf»xe
prevj
town
hft s
other!
^vith 1
storiej
tlie dc
water
visitor
punts
It
sernbia
JioineJe
lionie
f<eal of
l^^ien W(|
"1 our
'>ad inf
'iioes, t
Ix'arts,
l^fonu
I'l'ivate,
'"■ woine
['}' strai
Jnto i-ac}
j"g the I
"ut prom
w
HOME-BUILDINO.
291
visiting land of FohL Poor, indeed, and most unhappy ,
lie who hitherward from the Flowery Kingdom wan-
dered, never to return. Unlucky shades of homeless
bones ! And yet there are such lying here. Long
rows of significantly shaped sand heaps mark the rest-
ing-place of moneyless bones. Some have a board
with characters scrawled on it for a tombstone, but the
greater part of these graven are nameless.
With lumber at eight hundred dollars a thousand
foet, buildings and bunks were made of dry -goods
boxes, or cloth, though finally boards and shingles
prevailed. By and by they undertook to grade the
town, infelicitous to all but street contractors, for this
left some houses all cellar ; others were perched upon
foggy cliff, inaccc^ssible except by scaling ladders;
others looked as if their construction had been begun
with the roof, and built from the top downward, lower
stories being added as the dirt was taken away. At
the door might sometimes be seen stationed a tub of
water and a broom, with which before entering the
visitor might wash off his big boots, into which his
jiants were tucked.
It was all for home — anything for a home. The
semblance even was heaven after so long and barren
liomelessness. It is hard to overrate the influence of
home. If we made it, it is part of ourselves, with the
seal of ourselves «et upon it. If we grew up in it,
then we are part of it, and carry with us through life
ill our reflections, carnage, and conduct its good or
had influences. Tlie landscape gives exj)ression to our
faces, the nmsic of the streams attunes t)ur cliildish
hearts, our native air inspires our thoughts.
Homes are more o])en than in other countries, less
l»iivatc, but none the less sacred. There are few men
or women so exclusive as not to be easily aj)proached
l»\ strangers with any sort of credentials. Prying
into each other's affairs, meddling, gossiping, discuss-
ing the private relations t)f neighbors and friends, are
nut prominent vices. Scandal served up with appe-
■' ! ; !i,3
SM SAN FRANCISCO.
tizing minuteness in the morning paper does not mak
breakfast the lesa palatable, and the exposure of pri-
vate life in the public prints does not lessen the circu-
lation of a journal.
How many in all this bustling city could pray the
prayer of Socrates, but would not rather write him
down a ragged, bare-footed, old heathen, and an ass ?
"O, beloved Pan, and all ye gods whose dwelling is
in this place, grant me to be beautiful in soul, and all
that I possess of outward things to be at peace witli
them within. Teach me to think wisdom the only
riches. And give me so much wealtii, and so much
only, as a good and holy man could manage or enjoy,"
San Francisco climate, like the people, is exceed-
ingly mixed, very good and ver^"^ bad ; treacherous,
contradictory, and yet most reliable ; hot and cold,
and yet neither hot nor cold; dry, yet always damp,
raining, but not wet — clothing at one time on tlie
street, lace shawl and furs, overcoat and duster, and
one as appropriate as another. " Four seasons in one
day; blarst such a c(»untryl" exclaimed a tragic
Faust as he threw up his engagement and hurried out
of town.
Often in the kitchen there wore storms; as wlieu
Alice, who was a good cook, and had a bit of temper
withal, had her wages gradually reduced from $250
to $100 a month, flew into a rage, and marched lior-
self off, saying she would not live in such a place.
How different from all this is the picture of to-day !
Gradually from Yerba Buena cove the city of our
father Saint Francis has spread out, first nortliwanl
over the hills and into the valleys beyond, far away
to the Golden Gate, then southward for miles, en-
compassing the old Mission Dolores and far boyonrl,
while westward and on the hill tops broad avciuus
lined witli palaces and gardens invite the weary mom\ -
makers to repose. Grand hotels, and mercantile aiul
manufacturing establishments, stand along the busy
THE CITY OP TODAY.
293
thoroughfares, while churches, cathedrals, and public
buildings rise from the dense mass of lesser structures.
Elegant equipages with their fair freight roll over the
paved streets, and out through the park to the ocean
beach ; while street rail-cars, with scores of miles of
iron track reaching far out into every suburb, carry
the less pretentious population to and from their
homes.
CHAPTER XII.
SOCIETY.
mens muUtiono recreabitur: slcut in cibis, quorum divenitate reficitur
■toinachuB, et pluribus minoro faatidio alitur.
— Qumtilian.
The California year of 1849; what was it? An
exclamation point in the history of civilization ; a dasii
In the annals of time. This twelve-month was not Si>
much a year as an age, not so nmch an episode as an
era. Heart throbs, they say, rather than time tell the
age of man ; here then was a century of heart throhs;
we could as well drop out of history a hundred of
other years, as this one most notable year. Otlier
years have been repeated, and will be many times;
this one, never. Throughout the records of the race,
from first to last, there will never be reproduced on
this planet the California flush-times drama. It
stands out hi the experiences of men unique and indi-
vidual, each swift day of it equal to many another
year.
How vain, then, the attempt to portray this fleet-
ing hour! Dreaming will not achieve it, nor romanc-
ing; it is neither caricature,, nor burlesque, noi'
extra vaijanza. These lead the mind further from th«^
truth. Neither will the bald facts, though plainly
and fairly stated, give a perfect idea of the time ; there
was present much besides plain facts; there were facts
running riot, and the wildest fancy turned into facts —
a pandemonium of romance and reality. There were
here fifty thousand active and intelligent young work-
ers, whose experiences fully written for that year
(294)
THK YKAR OF 1849.
2BS
would fill fifty thousand volumes, each as large as
tliis. And then the subject would not be fully pre-
s(!nted, unions into each of these fifty thoustind vol-
umes the breath of in8i)iration mij:fht place true and
living soul ; for the winds of California worci redolent
of soul, and every morning's sun kindled now fires of
(•ner»ry that wont not out at night. The 1841) of
California, of America, of the world I It was the
pivot <m which the frame-work of human progress
turned a fnish side to the sun, a side brooding mag-
gots hitherto, but now a new and nobler race of mon.
Since the days of Adam, wliose eyes were opened
to behold himself by his maker, there noviT has been
u mirror held up before man which so roHer'tod him
in his true light, stripped of all the shams and vou-
vcntionalities of staid societies. Leaving in thoir old
homes evt^ry restraint, every influence that bound
them to ancient forms and traditions, the latter-day
argonauts entered the mines with name and identity
sunk. They wore no longer their former solves; they
wore born and baptized anew. IL'nco aroso a social
organism at once complex and po(;uliar, wlu>se growth
is at every turn a new development.
In dross the people of California were as inde-
])('U(lent and original as in everything else. Free
tiiought and free habits pervaded the wliole donuiin
of society. Even those who dressed genteelly de-
clined slavery to fashion. They claimed the privil(>ge
of exercising taste in preference to bowing boforo
French law. Ht;nce it was that the streets of San
i^Vancisco presented every variety of style in tht^ss the
world had seen for the last quarter t)f a century.
An English writer speaks of "some forlorn indi-
vidual exhibitiniir himself in a black coat and a stove-
j>ipe hat, looking like a bird of evil omen among a
flock of such gay plumage." But the ancient minor
of early days prided liimsolf to the last in his rags and
patches, in his torn hat and boots awry, and open-
breasted woollen shirt with up-rolled sleeves, display-
1^
SOCIETY.
ing the tawny hairy skin and swollen muscies — which
was, indeed, but another species of foppery. This
rejoicing in their rags was like Antisthenes, through
the holes of whose clothes Socrates saw rank prido
peering. In the cities, the several nationalities re-
tained their peculiar style of dress, so that on the
streets of San Francisco were to be seen the silver-
buttoned trousers, leather leggings, and bright-colored
serape of the Mexican, the shooting-coat dress of the
Englishman, the corduroys of tlie Irishman, the black
of the New Englander, and the Paris fashions of
Frenchmen, New Yorkers, and southerners. Every
one could wear what he pleased, and no costume, how-
ever bizarre, appeared to attract nmch attention.
Indeed, while there is so mucli in dress which speaks
the character of the wearer, during this most hnport-
ant and solemn struggle there were other things to
absorb the mind. For here for a time the battle of
good and evil rages fiercely, and before it is fairly
over, as, indeed, it never is, many will find themselves
weather-bound, destined never to gather the fruits of
their toil, destined never to leave these accursed
shores, but forced by fate to toil on to the end, till
death relieves them. Like the dart of Abaris, their
new vocation renders their past invisible, wliile their
future henccfortli is destined to be filled with tliose
accidental colors which depend on tlie state of the eye
rather than on the hue of the object. It will be a
paradise or a penitentiary^ as success or failure is en-
countered. Giving thus all for gold, they are like
zealous missionaries giving all for Christ, many of
them dropping or losing their names, so that their
most intimate companions shall ot know them.
The Connecticut Sunday h. forbade travel and
work except in cases of necesi y or mercy, and in
early times there were few such ct 9s. Massachusetts
laid a penalty of ten dollars on eve ' one who travelled
on Sunday, except from necessit or charity. The
laws of Vermont permitted the aaple sugar makers
THE CAUFOKNIA SUNDAY. HT
to set tubs anew on Sunday in case of an extraordinary
run of sap. In California there was much necessity,
much mercy, and sap was always running.
Sunday, if possible, was chosen for public affairs,
for arrests, trials, and executions, as there would be
deuionstratcd greater public interest on that day.
The maxim. Dies Dominicus non juridicus, had little
weight with them. So far as mining-town morality
was concerned, Sunday was a day for anything but
work. Recreations of any kind were admissible, and
shirt- washing, broad-making, gambling, drinking,
horse-racing, fighting, and hanging, all came under
this category.
There was here a complete return to primitive ideas
regarding Sunday. Like Christmas, the ounday of
the pioneer Christians was a day of rejoicing. In
Ttrtullian's time, the word Sabbatum marked the
seventh, not the first, day of the week, and to fast on
that day was deemed sinful. Indeed, if we may be-
lieve Justin Martyr, there were Christians who, like
our miners, considered it criminal to keep the sabbath.
During this epoch of abnormities, when a chaos of
heterogeneous elements was under fermentation which
brought to the surface the best and the basest quall-
ti(^s of human nature, maiiy untried experiments
must be wrought, many problems solved which never
before had come within the range of social ethics.
Tliere nmst be a re-adaptation of individuals and com-
nmnities to new environments. Strange remedies
nmst be applied for strange evils ; new resources must
l»e developed, new benefits seized and utilized. The
epoch stands out on the canvas of history in ever
deepening colors; and only in ages to come, when
tlie knowledge of human actions and divine laws sliall
be brought into nearer relationship, si. all its true im-
port be understood. It was an original melodrama,
liorn of the time; but under Thalia s laughing mask
were hidden the club and steel of tragedy. The world
liad had its romance of religion, of chivalry, of the
I
1 §
«;•
SOCIETY.
ideal ; but here was its first great romance of utilitar-
ianism. This was no island of ^gina to be peopled
by transforming ants into men ; but here men were to
be made monarchs ; mind was to be emancipated, and
thought left to its unfoldings, such as never had yet
been done under the sun. Here, martyrs and heroes,
unsainted and unsung, amidst strugglings and suffer-
ings, were to achieve glorious things for the race.
Digging in the dirt, selling rum, tobacco, flour, and
bacon, hammering out mining machinery, assaying
gold and the like, seem dull and prosaic occupations
enough when compared with the tilts and tournaments
of knight-orrantry, the pious entliusiasm of crusaders,
and the thrilling deeds on the battle-fields ; neverthe-
less the poetry and romance are here for all who pre-
fer reality to fantasy. Here, weather-beaten and
bearded diggers are uneart ]ig primeval treasures
which shall revolutionize commerce and society ; they
are bringing to light brilliant gold wherewith to buy
liappiness ; and these mitiisteriug towns and cities
which spring up on every side as if by magic, an; tlu;
marts of theh* servitors who feed and clothe their
occupants. Golil-getting, however, is not an end but
a means; it is only an incentive or impulse in tli(!
great plan of))rogress. The romance of it is found in the
strange developments, the wonderful events, the grand
display of that force which brings order out of chaos,
and places under subjection to the whole, tempers op-
pugnant and ajiparently ungovernable, with the least
personal restraint possible.
By the prudish and pharisai^al this anomalous lif(i
and society may be regarded with abhorrence ; bythi;
social philosopher and lover of the race, it will bo
studied as one of the most interesting and instructive;
pages of history. In older societies impurities sink to
the bottom or gather in slimy corners; but when tl!<;
stream of progress, in an ungovernable torrent, forced
a new channel westward, filth and purity were stirnn!
up together, and its waters became thick with passion
HOPE AND DESPAIR.
299
and prejudice ; hence never before have we had such an
opportunity of watching the phenomena of separation
and purification as here presents itself Neither Brit-
ish Columbia nor Australia at all compare with Cali-
fornia in this respect, for here, from the beginning,
there was always the wildest latitude allowed to hu-
man action, consistent with self-preservation, while in
the British colonies gold-seekers, from the first, were
under an established rule.
In California, the only government and the only
recognition of crime was such as grew out of necessity.
There was never any parental restraint or guidance,
there was no period of formation or childhood ; from
a scattered assemblage of diversified tongues and
(!olors* the population at once assumed state preroga-
tives; and being ill-understood by any not on the
spot, and far removed from eastern influence, the peo-
})le were left to do very much as they pleased.
On arriving in California, the new-comer soon found
liimself enlisted in the ranks of one of two classes, the
liopeful or the despondent. If of the former, he was
soon seized with the intoxication of his new surround-
ings, and joined the business orgie. Confident and
daring, he at once went to work at something, — any-
thing, whatever first oftered itself, and continued in
(incrgctic industry until success in a greater or less
degree was achieved. Often he would fall, and as
often rise again. There was no such tiling as "«>n'ain-
in<jj down, no thougfht of vicldino-. His ojrasp on for-
tunc was firm and constant, and although the slippery
jado might sometimes twist herself almost from his
grasp, he never would entircdy lose his hold, for this
oiico lost, all v/as lost. This doo'H'od determination,
liopu in the future, belief in the times, and confidetice
in himself were a fortune. Should he join the ranks
of the latter class, he was forced to abandon all his
bright hopes, and turn himself over to despair. Every
thing he saw was dark and gloomy. A man of con-
science in society and business, the glorious drunken-
300
SOCIETY.
ness of the times was denied him. The rains of winter
dampened his anticipations and drowned his energies;
the cold, coast winds cut into his vitals, and the hot,
summer sun of the valleys withered his hopes, and left
him despondent and nerveless. With heart sunk
within him, every blow he struck was echoed by his
rattling bones Disgusted with himself and all the
world, and heaping curses on the country, he returned
home, if he could get there, covered with shame, or
eked out a broken-hearted existence in the land he so
heartily hated.
The very qualities most conducive to prosperity in
older communities were to some extent out of place
here; men thrived on what elsewhere would prove
their destruction. Old maxims were as useless as
broken crockery. True, among the shrewder spirits
there was a method in their madness, and sometimes
seemingly rash and headlong speculation was the re-
sult of well-laid schemes. There were times when a
general advance in prices rose into a mania, and then
whatever a man bought, real estate or merchandise,
was sure to yield him a profit a week, or a day, or an
liour afterward. All this seemed to one newly arrived
a bedlam of insane speculation, and speedy convulsion
was predicted.
At first there were no fixed customs in the country
to which every comer must in a gieater or less degree
adapt himself Every man's conduct was regulated
b}'^ his own tastes rather than bv preiistablished rules
of society. Fashion never found more indifferent vo-
taries. But the romance and irksomeness of this kind
of life gradually wore away; woman came to the res-
cue, and the proprieties, suavity of manners, and staid
customs of older societies came into general observ-
ance. Society separated into strata; something like
caste appeared, and the components of the community
became more and more individualized.
Most of those who came hither were in the matur-
ity of manhood, with more or less skill and experience
EFFECT OP ENVIRONMENT.
801
in their several vocations. This skill and experience,
by means of which society is influenced, were acquin.'d
under different systems of education and discipline ;
and in the adaptation of these experiences, one to an-
other, and all to a general whole, theory and specula-
tion were in a measure thrown aside, and men became
eminently practical. All must discard somethinjj;-
of that just pride for the ancient and local customs of
their fathers under which their progress had been at-
tained thus far. This it was difficult at once to
do. The way in which we are accustomed tt> do a
thing we cannot but feel to be the best way, and we
see no reason why we should throw it aside for an-
other which will bring about results less easily. Nor
need we, except in some instaices, when we nmst per-
force adapt ourselves to general customs. And by
this discarding of habits formed on a framework of
technical philosophy alone, and seizing upon actuali-
ties as they exist, i. respective of their origin, the
ijrrandest results are attained.
Until a late day we lacked home and the home feel-
ing in California, We began by staying here a little
while, and we have remained longer than we intended.
We lack the associations running back for generations,
the old homestead, the grandfather, and grandmother-,
juid uncles, and aunts, and cousins. There is nothing
around us hallowed by an indistinct past. There is
nothing older than ourselves ; all that we see has
grown up under our eyes, and for these creatures of
our own creation we have no reverence. We are not
}'ct settled, we are constantly moving to and fro like
restless spirits, living in hotels and boarding houses ;
or if we have a home we want to s(?ll it and go into
(he country, or to Europe. It is so n)uch troulik;
keeping house, with these Chinamen for chamher-
niaids I
The average intelligence of any nation in Christen-
dom, not even excepting the great American peophs
is greatly overrated ; particularly when it comes to
m
808
SOCIETY.
mankind acting in the mass, cooperatively, as a sect,
order, or legislative body. The noise and bustle of
some excite others; as an old broken down cart-
horse, driven into a band of wild, frolicsome horses,
becomes fractious and unmanageable. Business
breeds business, and caution engenders caution. He
who croaks and hoards, lying in wait for opportunities
to get sonietliing for nothing, incites others to croak
and hoard and lie in wait; and so stagnation follows.
A man who cheerfully, and with hope in his heart,
goes to work, develops the resources of his country,
buys and sells and builds, will incite like activity in
others, and development and property must follow.
Deliberation and caution are well enough in their
place, and not to be overlooked at any time, but a
good driver does not put on the brakes going up hill.
It is true that the people of California are very
greatly absorbed in making money. And tliis is as it
should be, for what is money-making but develop-
ment and jirogress ? Culture and refinement always
follow material prosperity, they never precede it.
We have here lands to be put under contribution,
mines to be opened, railroads and cities to be built;
would it be accounted to us as wise to sit down to
[)lay when we have made no provision for our dinner?
First provide for the material man, else the mental
will fare poorly enough. But, say our friends at the
east, " You have made money enough ; it is time you
should turn your attention to somethint; better than
money, if ever you intend doing so." Very true, but
railway trahis are not stopped at full speed ; cart
horses do not usually make the best racers, and ships
built for the water do not sail well in the air.
Money-makers are simply macliines, as are philoso-
phors and scholars ; take one to pierces and remodel
it, and the working of it afterward is very doubtful.
I see no other way but to give the country time.
The nc^xt generation will beget new inventions, ex-
periences thus brought together propagate. Henco
MATERIAL FOR PROGRESS.
303
it is that we are more fully up to the times in every-
thing, much more, all things put together, than al-
most any other community.
It is easy to undorstand how men and women thus
thrown together, strangers to each other, strangers
in ideas, speed i, and traditions, without the substra-
tum, as a social foundation, which only can coalesce;
as society slowly develops, fail to have that interest
in each other and that intense loyalty which charac-
terizes older and more settled comnmnities. Society
]i(!re is a malformation, or rather it is yet not society,
but only materials for society; yet nowhere will th(!
people quicker or more heartily unite for the public;
good; nowhere are they more free and social than
here; nowhere is there less clap-trap and ridiculous
apings of things traditional than here.
Strangers coming together cannot immediately em-
brace and become brothers. They have too little in
common, see too many faults in each other; will not
mellow on the instant asperities of character. The seeds
of lasting friendship are usually planted in early life,
and matured in a soil of warm and tender sympathy, in
order to produce a plant which will endure the storms
of selfishness that beat upon it in after life. Once
the social heart of California lay so imbedded in gold
that it could not throb. The passions were let loose,
and a moral leprosy infected the i)eople like an epi-
demic. But all this passed away, as every epidemic
passes, afttu- having weeded society of some of its
weaknesses, and left it in fair condition for pcrniam nt
growth.
To the great majority of the pioneers the Sierrn.
■was a sphinx propounduig a riddlo, which they must,
answer. Thousands laid down tlioir lives in the at-
tempt, for there were the lion's claws to tear the un-
successful venturer in pieces. Of rare celestial beauty
was the face and bosom of the goddess as she lured
men to their destruction ; of dark ferocity was she as
she lapped them to their final doom.
Sri
mm
304
SOCIETY.
Very hard were the times in the mountains now
and then ; times when no one could pay his butcher
bill, when the miner had not money enough to roll
tenpins; yet, there was little complaining. The
merchant considered it useless to sue for his account,
for even if he could collect it, he knew he would incur
enough of unpopularity to make the loss many times
greater, and perhaps get a sound thrashing some night
when the boys were deep in their cups and with plenty
of money. Society at this time was far too unselfish
for its own good, or for the good of the world.
An aristocracy, in tlie common acceptation of the
term, never has found place in Califiirnia. Vain and
silly women have attempted cliques, have drawn round
themselves lines of exclusiveness, and essayed tlio
leadership of fashion; but all such efforts have had
little mterest to any except the aspirants themselves,
usually involving them in contempt and ridicule.
Likewise there have not been wanting those, w1k»,
jealous of the pretensions of the ambitious in tliin
direction, have by their envious scoffings betrayed
a desire for the position which they pretended to
despise. With no provincial court, with the officers
of government not the most admirable characters
in the community, with no fixed military or naval
system, with agents of the general government too
poorly paid to make much display, with but a
small literary class, with the entire community in-
tent chiefly on money-getting, and holding in con-
tempt all forms save the forms of debit and credit,
there was here not the first element on whicli
to base an arist<icracy, either of iii^ney or niirul.
Wealth was worshipped, and success, and that keen
ness of intellect which could acquire wealth ; but the
[)ossessor was as frequently despised, and his quondam
washer- woman wife snubbed by her less pretentious
Ri>^ters. Early society here was an aggregation of
s; . angers in which lucky strokes of fortune dazzled
INFLUENCE OF WOMAN.
305
t.)
>rs
;crs
,val
tt ><>
a
in-
on-
lUl.
tlu'
the eyes of competitors, and unostentatious merit
passed unnoticed ; great men, if success can be called
greatness, were too near their beginning to hispire
that respect necessary to the formation of an aris-
tocracy in social circles. There were here no old
families whose merit, wealth, or respectability had
long held their neighbors in esteem, though there
were the beginnings of many such.
Woman played her part in early California, annals,
her influence being abnormal as much by reason of its
absence as its presence. For the absence of women
liad a strange effect upon the men, although they
themselves were scarcely aware of it. Religion they
could do well enough without, while dwelling for a
time in this wilderness, but that their life should be
limited to a community of men was indeed a new ex-
perience. It was like a void in nature, something
dropped out of their existence.
After all, which condition was the harder: hcr's
whose smile dissembled the sinking heart on parthig ;
her's whose brave words belied the glistening, tear tliat
hung trembling on the droopmg eyelid ; hers whost;
lot it was, all through the cold winter with him away,
to fight the hunger- wolf that prowled about the door,
and keep her little ones from freezing, or his who
abandons all for the hope of getting gold?
Tliere is but one thing this side of heaven lovelier
tlian the form and face of woman, and that is her
heart-bloom. Fed by the veiled virtues, the poetic
courtesies, the delicate influences and affections, witli
all the tender sacrifices locked within, it fills the at-
mosphere with its fragrance, redeems man from him-
self, and makes a paradise of what were otherwise a
l)arren waste. A thing in some form desired by all
inoii, she whose heart beats true to the coming and
^t;oiTig of her friends; she whose brain was all ablaze
with ten thousand tender fantasies ; she through whose
eyes one sees her heaven-lit soul ; she whose deft
Cal. Ixt. Foe. 20
w 1
m
[:■■-!
i
V
306
SOCIETY.
fingers are as dancing points of thought ; she whose feet
upon the sward are lighter than the soft south wind ;
she whose voice is angels' music singing whence she
came ; she whose charms are crowned by goodness
and sweet, gentle sympathy; such is gentle, virtuous
woman.
Spaniards who had wives in Spain were forbidden
by King Ferdinand to reside in any of the colonics;
they nmst go after them. There were no Kino-
Ferdinands to make the men of California bring out
their wives. At first wives were few, but houris in
abundance came from the uttermost parts of the earth,
whose beauty and virginity, like the black-eyed dam-
sels of paradise, were, in the eyes of the soiled and
solitary Californians, renewable at pleasure. Of these,
as the Koran tells of the houris in paradise, each wo-
man-worshipper, if he possessed sufficient gold-dust,
might have seventy -two. So that for women, the
mines became like Torquemada's fabulous Lizard is-
lands, a retreat for outcast damsels of every species.
In the cities, particularly, and sometimes in tlu'
mines, there were not lacking Aspasias of the superior
type, refined and cultivated women whom shmous cii -
cumstances had driven from the ijarden of chastitv,
and whose intellectual attractions were surpassed only
by their j)ersonal charms. When, however, the younjj;
men bey;an to think of makinij this countrv their
home, the^y longed for home comforts and happiness,
chief among which was a wife. Whereupon they,
some of them, marry and are soon led to thank God
for the blessing of no children.
How often when death's tidinijs came of a loved
one gone, father, mother, wife, or child, has the soli-
tary mourner withdrawn from his boisterous compan-
ions, retired to the woods or to the hill-side, and there
held his lonely funeral. The hope of his life, perhaps,
his morning and evening star, that for which he bad
come hither, the main-spring and motive of all liis
toil, suddenly destroyed. Oh 1 God, is it necessary
WIVE.S AND OTHER WOMEN.
307
bvcd
Isoli-
Ipan-
Kwiv
luvl
his
ksary
thus to torment ? Might not omnipotence have devised
some scheme less cruel than that which nmst needs
send up one universal wail from the beginning to the
end of time, wailing births followed by wailing deaths,
as though spirit and flesh had been united only to be
torn asunder, as though sentient behigs had been
created only for the anmsenient of fate i What is this
( »ne lesson nature teaches us ? Short, swift, and damna-
l)le. Throughout the ages the stron*; shall eat up
the ^veak, and death shall swallow ail. Foolish are
we, to propagate our kind that they may be made
the sport of the present, with the certainty of a final
uhastly issue.
Now the heathen for their gods do not have that
love and respect. Love, or what was called love in
Homeric heroes, in the minds of Augustan critics, and
ill mediajval religious devotees was but a weakness.
Among warriors, the tender sentiment implied cfRemi-
iiacy, and too often piety pleaded the will of heaven as
;m excuse for treachery to woman. And what did
thi' gods themselves know about love? Their love
was all sensuality. Jupiter put Cupid in the stocks
I »i cause the mischievous imp would not make the
W(»inen love him for himself alone, but nmst first turn
him into bull, satyr, swan, or other form before his
|iitvsence should inspire the tender ])assion. They
would call it hate, not love, that prompted the idea of
itcinal l)urnin<»;.
Thine are in every city other fifty wives besides the
titty daughters of Danaus, king of Argos, who kill
thi'ir husbands, if not in a single night, then in a time
made yet more cruel by its prolonged length.
Intolerant of restraint as the wild votaries of Bel-
inda, or of Anubis, of Osiris, or of Cvbele, like the
Koiiians of Juvenal's day, one connnon <{uality of
reckless disregard of consequences pei^vaded the whim
of the hour. Amorous widow-hunters of the Colonel
Chartres or duke of Roussillon type, preeminent hi
their superfluity of naughtiness, met with fair success.
m
308
SOCIETY.
11
H
•4
Dr Brewer in his Dictionary of Phrase and Fable,
says that frequently he who went to dig gold in Cali-
fornia, put to board in some neighbor's family his
wife and children, or, as it was sometimes termed,
turned them out to grass — hence grass-widow. This
definition is far-fetched. Originally the term signified
an unmarried mother; later, a wife separated from
her husband.
Just how far the absence of woman affected society
it is difficult to determine. With her men are fools ;
without her devils. Man may be made better or
worse by woman according to her quality. As a
modest maiden and a true and loving wife, slie is tiu;
&,irest handiwork of the creator; us a splenoti*-
moody demirep, she is the aptest instrument of t]i(!
devil. As Dante, probably with his own tcrniaij:;aMt
wife in view, groans "La fiera moglie piu ch'altro, mi
nuoce." With the purity of hor heart she may makr
all things pure; under the counterfeits of love slif
may seduce by her charms, and doom to death by li< r
affection. Within a limited sphere every woman lias
a Pandora's box which she may open if she chooses.
Physically weaker than man, morally woman is
greatly his superior. She is his superior as well in
the emotional part of her nature as in her finer seiisr
of duty ; she is more self-sacrificing, has greater sen-
sibility, is naturally more chaste, more tender, more
compassionate, more forgivr.ig; she excels in all pas-
sive virtues, but hi intellect, ethics, in courage, in tin'
activities of life she falls behind her ruder companion.
Women feel rather than think; they are governed
by impulse rather than by opinion. In an evenly bal-
anced community they are less tempted than men, and
therefore less given to criminality; but once faiily
embarked in excesses, and they outstrip the most
vicious men. Tlie partner of man in his low cstati'
as well as in his right living, woman cannot lift In i
self much above the moral atmosphere which 1 e
make-i for her. Hence it is that had it been possiljln
ii'^
WIVES AND OTHER WOMEN.
for women to have followed the gold-seekers of 1849,
und to have endured the hardships of the California
flush times, it is probable that as a whole, and to a
cortain extent, they would have fallen into excesses
tluiiisclvos, instead of withholdin*; their companions
oiitirely from them. The patience, modesty, and
gentleness of the better sort would have greatly as-
sisted the sobriety and magnanimity of the men, but
the frivolity and jealousy of the more graceless would
liave increased their intompcirance and brutality.
Mucli would have depended on the view taken o\'
the question by the women; had they been there, and
had they been as ready to sacrifice all for gold; had
they been as ambitious, as avaricious, and as untram-
cllcd by society as were the men; the intensity of
the oriiies would have been increased ten-fold.
Hai)ly she was never called to undergo tlie ordeal.
Het'oie her appearance on tlie scent; the ebullition had
iiiateiially subsided, and gold-diggers began to think
seriously of becoming setth'rs, and of making this
( t»untry their home. Tlie first females to come — and
these were early enougli u[)on the ground — were the
vicious and uncliaste, wlio o])enetl and presided at
hrilliant saloons and houses of ill-fame, and sat by
the gambler and assisted him in raking in liis gains
and paying his losses. Flaunting in their gay attiie
they were civilly treated by the men, few of whom,
( veil of the most respectable and sedate, disdained to
visit their houses. On the steamer.s coming out, the
flail, fair one was often shown all tlie delicate consid-
t rations due to the fine lady of innnaculate morals;
the officers of the ship were always at her command,
and if a favorite of the captain she was assigned a
seat at his table. On her arrival, nu'rchants and
Judges were among her associates. Tiiere was little
social caste or moral quality in those days. In the
ahsence of the true the imitation was made to answer.
And so men went wild over the shadow as they were
doing in other things; the folds of female drapery
m
11
m
31'
810
SOCIETY.
were worshipped, whether they held a woman or a
skeleton. Later, families were brought out, virtui;
and domestic honor gained the ascendancy, and inde-
cency slunk away and hid itself. Then tlie maiden
and spinster at the east were seized witii a desire ti>
visit their aunt or sister and see California. Mu< li
to their surprise, most of tlieni found Imshands shortly
after their arrival, never dreaming of such a possibil-
ity. Enterprising young men advertised for wives ;
but the demand being so much greater than the sup-
ply, this method was not the most successful. Fre-
quently, however, through the medium of a c<)mm»»ii
friend, likenesses of a very puny man in California
and a sorrowing damsel at the east would be ex-
changed, letters would follow, and then the wooir
would send on the passage-money, and the blushing
fair one liasten over the sea to her adorer. Old
sweethearts often came out to their lovers, who nut
and married them on the steamer deck.
It needs nothing fui-ther to prove the influence of
pure woman on those destined to receive hai>piness at
her hand than to notice the behavior of one who is
expecting a wife or sweetheart. Some timu before tlic
steamer is due, the greasy hat ami checked sliirt itiv
thrown aside, and whitewashed of his past, with clean
linen and shaven chin, the happy expectant is suddenly
seized with a desire to attend churcli. He manifests,
perhaps, a deep interest in the Sunday-school, and
wishes to become a teacher; he si'»hs over the desr.
crations of tiie sabbath, and the moral depravity of tl r
country. As the liour for the steamer to arrive drav >.
near, he becomes nervous, business seems irksome, 1 c
looks in the glass, pulls out a gray hair or two, bruslus
his new clothes, and walks up to the t<ip of Telegrapli
hill, and then around to the Mercliants' Exchange
Finally the steamer is telegraphed ; he rushes down to
the wharf, piously curses the general slowness of things,
springs on board before the plank is put out, elbows
his way through the crowd, finds her, and clasps
W'lXKB AND OTHER WOMEN.
•11
li>l
her to his regenerate lieart Gatukt teiUam'mt rirtns!
The men wore relatively superior to the women.
As a ruUs the better class of men came to California,
and a more ordinary class of women. The trip to this
country was tedious, dis*j;ustin|ij to a sensitive, d«'licate
woman; there was no society here, no liouscliold con
venience. It was a very hard ]>lace for a wo.ii;i:;.
The finer specimens of woman) lood could find hushiinds
at home; there was no necessity for them to undi'r^o
tlie h«>rror8 of a sea voj'aj^e to California, and its so-
ciety afterward. Nevertheless, nmltitudes of nohic
and true women did come; Imt it nmst he admitted
that woman here in early times was not the intelli<;c'iit,
refined, and sensible heinuf that is found in oldei- and
more settled ctjmnmnities. In California ^ood lius-
hands re!j;ularly once a we«'k rolled up their sleeves,
and helped wife or dau<.;hter at the wash-tuh.
To live in purity, woman must liave the sympathy
of those around her; thousands in California have
fallen simply from the fact that men had no faith in
them. Othello j)layed before a Califoniian audience
ill those days would have appealed to sentiments
stran;j,e to the hearts of many of the hearers.
Now and then shi})s from France and elsewhere
W(>uld enter the })ort., with conjpanies of respectable
nirls on board, who would be immediately caujjjht up
i)y gamblers and saloon-keepers, to assi.st at tlie tables
or dispense drinks, at two hundred and fifty dollars a
month; but alas, within a week or two, des})ite the
vigilance of the proprietor, they would be mated!
Thus we see that there were true women and there
were false women amontj those the ^old-seekca's left
behind. California widows they were called, and they
were to be found in every rural town, every hotel,
Itoarding-house, and watering place. Faithful, modest
wives and mothers some of them were, patiently
waiting the end of this sudden and strange family dis-
rui)tion. Round them were mouths to feed and no re-
mittance came ; yet never doubting, the heart-en-
,r
812
SOCIETY.
shrined image was crowned with fidelity and noble
purpose. And thus, through years of anxious toil
they held to oheir hopes, dreaming at night horrible
dreains of staring gold-diggings up to their neck in
glittering mud, their heads wreathed in rattlesnakes,
gnawed by wolves, or cut off for foot-balls by the
savages, all the while not knowing whether their hus-
bands were alive or not. Their existence they knew
to be a living death, yet they worked away, sewing
for the tailor, making shirts, giving lessons to the
neiijhbors' children, or even working out.
Tliere wore others, however, who took a more freo
and fanciful view of their situation, and determined to
enjoy and make the best of it. These lived on the
cliarity of their family or friends. It was unsafe to
treat them with coldness or neglect, for any moment
their Imsband miLilit return a millionaire. Younsj:
and beautiful and abandoned 1 True, temporarily and
for lier own benefit abandoned ; but wliy sliould lie
think more of gold tlian of lier? Tlie first taste of
wcullock was sweet; by it, however, the a[)})etite was
only wlietted, not gratified. Former and unsuccess-
ful lovers weit! now remembered and smiled ui)on, and
flirtation was found a pleasing way to shorten tin;
liours of a husband's absence. Some returned in tinu;
to reclaim their wives from too free a course of dissi-
[)ation ; otliers did not.
Du Haillv refers to the Enolisli custom of sendinu'
young wonu;n out to India to get married tliere, and
says tliat tliis custom finds its counterpart in Califoi'-
nia in a curious prospectus in whicli an American
woman, Mrs Farnliam, offered to organize, on a lar-ge
scale, a scheme for the emigration of women to San
Francisco. Tlie highest respe'*tal>ility was required,
and no emigrant was admitted under twenty-five years
of age. A ship was chartered especially for their use,
and each must have 1200 francs. Small as was the
amount required, the enterprise was not a success ; but
this did not hinder the Californian colonization agents
WIVES AND OTHER WOMEN.
313
from continuing to solicit in their publications the
fair sex to come. "What does it matter about
money," they said, "that is the last consideration of a
gentleman among us." "The young person who loves
the world and its j)leasures," says one of them, " will
find here [)artners ready to procure her every enjoy-
ment ; while she who is inclined to domestic comfort
will meet quiet and steady men whose doors will open
to welcome her."
Of the wrecked hopes of men in California many
speak; of the wasted sympathy of woman, of her vain
yearning for tlie promised tenderness, of her faith
among the faitliless, her constancy after all affection
liad been withdrawn from her, her deep sorrows and
sufferin<js as tlie reward of a devoted life — none at all.
What are the blows of battle to hnn who engages in
the conflict in comparison to the helpless agony of an
eye-witness? All thhigs will a man give for his life.
Woman gives all for love; deny her this and she is
dead indued. A catalogue of Californian infidelities,
i»roken vows, brutal treatment, failure to provide on
the part of him who took from a happy home a tender
loving heart under promise of eternal love and pro-
tection, would make one blush for the rjicc. Men
1 anie hitlier to rough it, and it did them no harm,
hut added to tlieir manliness. For woman, a life in
California in early times was [)robabl3' one of tlie most
trying positions she could be called upt)n to endure,
lier lov(^, her j)ride, her health, and stieiigth, lier
honor and reliuion, all being brought under t\iQ crucial
test. If she could drudge by day, and 'vithstand dis-
comforts by night, and live under it, she could
iiuiiiage to get ahmg; but with want and unkindness
tills could not always be. Too often her weary life
N\ as soulless duty, and death the only recompense ;
anfl thus was her gentle spirit crushed and made ripe
f' »r heaven.
Content is godliness; but for a woman to have
(outont, she must have something beside wealth ; her
B
i
1
(■ ;;
1
: 1
1 ,. ,
ft
%
1
M
■i:
1
ill
314
SOCIETY.
heart knows no alchemy that will turn it into gold.
There is a limit beyond which mere mental culture
and unaspiring industry, be they never so earnest and
patient, cannot broaden or deepen the soul. There
must be a little sentiment, a little feminine ambition,
a little womanly excitement other than that which a
purely money-making husband usually gives ; else the
tender harmon}'^ of the heart is silenced, and the deli-
cate flower witliers and droops. California was no
place for a fastidious woman. She who could wash
best, iron best, or cook best, was the most independ-
ent, and the one to win fortune, and even happiness if
her nature admitted it. Nevertheless, there were
many whose hearts nothing but a golden key could
unlock.
It is not to be wondered at that intemperance in
business and pleasure should result in social discord.
Tliougli the Yankee element predominated, there was
in society at the first, scarcely what could be called a
recognized or recognizable nationality ; California was
then but a geographical expression — Vox et praiteiea
nihil.
The guests of a large dinner or supper party were
as varied in character and qualities of mind as amouL;-
the rich men of Rome, who had acquired wealth l»y
disreputable means in the days of Pliny, though tli
San Francisco host did not carry the distinction s
fiir as to serve up dift'erent qualities of food and win
to the different guests as in Rome.
10
CHAPTER XIII.
FURTHER ABNORMITIES.
E come gli stomei ne portan I'al
Nel fredclo tempo a shiera lartta
rga e piena;
Cosi quel fiato gli spirit! mali
Di qud, ili Id, di giii, di sii gli mena :
Nulla speranza gli conforta mai ;
Non (ihe di posa, ma di minor punor.
-Delt Inferno.
In Luci; iiV l^ialogues of tho Dead, Charon com-
pels all to Soiip before entering his boat; the rich man
of his wealth, the M)in man of his foppery, the king of
liis pride and kingship, the athlete of his flesh, the
partrician of his noble birth and his honors, the phil-
( )Sopher of his disputatiousness, his rhetorical flourishes,
his antitheses and parallelisms, and all his wordy
trumpery. None may go to the regions of tlu^ dead
even with a rag of clothes on.
Now there are many in California who would like
to take with them there all they liave, who are trem-
blingly fearful oi dy hip: fv\ci leaving the wealth they
love so much ; who cfttuu.t, bear the thought of i)arting
with it even aftei d^ atb ; iswA so tliey leave it to be dis-
sipated by lawyers unci oxueu.tors, instead of devoting
it themselves to some ime il » id noble purpose. Many
large estates have, in this way been scattered, which
doubtless wrunix the souls ( f their former owners as
they looked up, watchful and wistful, at the hapless
flow of their dear ducats. After all, there is a not
wholly unjust law of compensation applicable to savage
and civilized, poor rnd rich, the past and the present;
cen the most tori- "^vted in life may find relief in the
( 818)
> I
If
M''
816
FURTHER ABNORMITIES.
sweets of death. Let him beware who takes to him-
self more than his share of good, for upon him the
gods will lay a corresponding quota of evil.
To a gold-laden ass all doors open. But the wealth-
winners of California were not asses, whatever may
prove to be some of their descendants, who like an
oyster have nmch mouth but no head. Their lives,
it is true, were too much like the life of an ass, enticed
to drag its load by tlie fodder held before it, and which
sees nothing but the fodder. They worked for money
as if they had a wolf in their stomachs. Some were
made wealtliy by their avarice ; others were made ava-
ricious by their wealth. There vere men among them
of whom it might be said, as it / " Jeremy Taylor,
"His very dust is gold"; there \> others of whom
we are compelled to admit, *'Hite> very gold is
dust."
Wealtli does not accumulate in the liands of a com-
munity by accident, nor by divhie inter[)ositi()n, neitlier
docs literature, art, nor science. Because men will
so and so is not a sufficient reason for their doings;
all human actions aie the result of cause, and individ-
uals will to act, or they act, because of that cause. It
was the aj)pli('ati().i of the principles of political economy
to social ])liilosopliy, though carried not quite so far
as at the present time, that made the Wealth of Nutmis
of Adam Smith so long the popular and powerful ex-
[)onont of economic principles.
j^]arly in the sixties there arose a race of bonanza
kings with silver souls; silver were their friends, and
silver were their enemies, for to be worthy their con-
sideration at all, they nmst be of silver; silver was
their meat and meditations; their doors were barred
with silver, and silver paved their way to the final
abode of souls. There was a whiskey demon and a
silver demon, and these two demons fought; the silver
denum caught the whiskey demon, but the whiskey
demon gnawed out the vitals of the silver demon.
Great is whiskey, and great is silver, but the greatest
MORAL STANDARD OF THE TIMES.
317
of all is the bonanza king who gives his best friend
points that direct liim the shortest road to ruin.
Then spawned speculation, all kinds of gambling
being in vogue in saintly circles and rabble congrega-
tions — all except the honest old-time games, such as
faro, monte, and poker. And there were established
among the sand-hills society shops, where the undying
reign of fashion set in; and politician shops, wliere
fat offices were sold ; and peculation shops, where
office-holders might turn an honest i)eiiny, and pay
the purchase-money for their place.
There were some good fellows among the latter-day
rich men, but not many. They were generally of tlie
Gripus order ; some hard drinkers nnong them, who
when in their cups did not always treat witli distin-
guished courtesy their guests ; who were well enough
satisfied to let Lucullus suj) with Lucullus. Avarice
gnawed at their vitals like the parasite in the stomach
of a shark. Banks sprang up whose caterpillar was a
steamboat or a grog-shop, and dignified dames sat in
stately parlors whose grub was the laundry. These
later overwhelmingly rich ones were quite difierent
from the free-hearted and free-handed of the tlusli
times, who, like Ali Baba, would not take the time
to count their gold, but measured it. The enormous
wealth of the former seemed rather to create a hunger
for more money, with a gnawing appetite ever in-
creased by what it fed on. Then perhaps they would
grow covetous of fame and higher social standing, and
so flit about, hither and thither, restless, and perhaps
reckless, in search of something which, when found,
only added to their unappeased desires.
5
Along the pathway of nations, savage and civilized,
we see every community with its moral ideal which
acts as an individual cohesive force holding society to-
gether. It seems of less importance what the ideal is
than that there should be one. Theft was the moral
standard round which revolved all virtue in the mind
s
k If
u
318
FURTHER ABNORMITIES,
I
of an Apache, while the Comanche would probably
have placed murder first. In ancient Greece, far
above female chastity was patriotism, while with us
the relative importance of the two virtues is reversed.
Spain's strongest social bond was loyalty, that and
its ill-favored companion, religious bigotry. In the
days of pious vigils, and self-crucifixions, humility was
at a premium, while later boldness and bravery were
the highest virtues.
Now, although tlie chief object of every one pres-
ent was money, wealth was not their highest admira-
tion. Gold was plentiful. All started on an equality.
If in the scramble some filled their pockets while
others did not, the former were lucky, and that was
all. All of them were still men, good me!i or bad
men as they were before, and not one whit changed ;
nor were they in the eyes of any there present special
objects of adoration. Temperance, chastity, piety,
none of these assuredly were the moral ideal of the
time, neither was patriotism, asceticism, nor any of
the soft amenities of life.
What then was that paramount virtue worthy the
devout admiration of tJiis august rabble? It was a
(juality for which I find no single exact expression in
any vocabulary. It was a new quality for worshipful
jmrposes, and made uj) of several comnum qualities.
Take from extravagance its love of display, from
})rodigalitv the element which tends to the destruction
of its possessor, and from munificence every appear-
ance of charity, and we approacli the opposite of
what is connnonly called meamiess, which was the
exact opposite of the moral ideal of the time. Gen-
orosity, open-handedness, large-heartedness, here was
the ideal; and if it ran its ])ossessor upon tlie slioal.';
of bankruptcy, or into a drunkard's grave, it was
lamentable, but no such black and accursed evil as
parsimoniousness, stinginess, niggardliness, or in a
word, meanness. There was nothing in the world so
mean as meamiess. If a debtor was unfortunate and
CLASSIC OATHS.
m
could not pay; all right, better luck next time. It'
he was thoroughly competent and honest lie could ob-
tain credit anywhere, twice as much as before. But
if he was a mean man, if he had resorted to any
trick, or subterfuge, or had attempted to cover any
cunning; or if he was low in liis ideas, grovelling in
liis tastes, close-fisted and contemptible, a mangy dog
were better than he.
As in other abnormal accom})lishments, so in pro-
fanity, the miner aimed at tlie liighest excelkincc.
The ordinary insipid swearing lie scorned, and so hi-
vcnted new terms of blasphemy befitting his more
exalted ideas. Since the days i)f Cain God was never
so cursed. Profanity was adopted as a fine art, and
practised with the most refined delicacy and tact.
From morning till ni<jht men mouthed their oaths
and then swallowed them. The lanyjuaj^e of bias-
pliemy, with its innumerable dialects and idioms, de-
veloped into a new tongue, which displayed great
depth and variety, with delicate shades befitting tint
idiosyncrasies 'jf individual swearers. Tlie character
of the man was nowhere more clearly defined than
ill the quality and quantity of his oaths; one who
( (»uld not or would not swear was scarcely a man vt
all, and but little better than a })ious hypocrite or a
woman. Among the most cultivated blasphemers,
who made swearhig a study, euphony was first of all
regarded; and this was etf'ected by alliteration, an
adjiTtive followed by a suljstantive both beginning
with till' same letter. The style though studietl
might be of the sinq)le or tloritl cast, but it was sure to
he l)oth original and etfectivc.
Xot that all men swore, or that all the swearing of
tiie world during this epoch was tlone here; I only
< laiiii that it was here original, if not abnormal and
arti.^tic.
Oaths have their nuK)d and tense and number, their
individuality, and nationality. There is the sportive
' I
m
m
FURTHER ABNORMITIES.
oath, light airy and graceful as the limbs of the youth-
ful dandy; the earnest oath; the angry oatli ; tlu;
frank and hearty oath, indicative of honesty and g<j()d
humor; the oath of success, in which the choictst
gems of irreverence are thrown off like soap-bubbk-s ;
, oaths of time, place, and occupation; the oath of com-
mon conversation, the nmrderous cut-throat oath, the
business oath, the oath of greeting, swearing when not
knowing what else to say; the midnight guttural
drunken oath, the clear ringing gladsome oath <it"
morning, the orthodox oath, oaths that are not oaths,
reluctantly coming from bashful inexperienced li[)s ;
tlie scientific doubly-refined oath of the gambhu- ;
oaths of nations, the good old round Englisli oatli,
racy and mouth-filling as even Hotspur should wisli,
the rolling sacre of the Frenchman, the infernal melody
of the Spaniard, the whining Yankee cussings, tlu;
spluttering Dutchman's swearings, and the imitative^
intonations of the Celestial. The nmleteer relievccl
his burdened bosom in outpourings that seldom failtd
to convict the most impenitent animal. Approaching
the unfortunate mule that had fallen und(>r a heavy
load, or had mired in the mud, its driver would pi)ur
forth sucli a stream of profanity intc) its ear as would
make the dumb beast tremble in everv fibre, and
glance around with terrified eye as if expecting the
earth to open, or the invoked deity to smite to dust
the author of such fiendish imprecations. Under sucli
exhortations, native stubbornness gave way, and tlic
virtue of profanity was clearly vindicated hi the t^yrs
of the driver.
Indeed, notwithstanding all that has been said n -
garding vice and crime, I am not so sure that Califor-
nia in her wickedest days was worse than the pseudo
ligliteous states of the east and Europe. In the
shameful pleasantries of the times there were counttn-
balancing virtues, which went far toward preserviii;^
the moral equilibrium. If iniquity here was more
unblushing, there was less of cant and hypocrisy, less
IMPORTED WICKEDNESS.
321
of covert deceit and pliarisaical humbug, less of that
wliite lying and envy and jealousy which constitutes
the pabulum of older religious and fashionable societies.
Loyalty to an honest and enlightened ideal is, after
all, the truest morality. Ill-fitting forms, provoking
dissimulation and falseness, keep the social pool always
turbid. Experience tells us that wickedness, in greater
or less degree, is inseparable from human nature ; to
hide away the evil, and cover our wrong-doing with
placid smiles, polished bearing, or sanctimonious coun-
tenance, may not be, after all, the surest way of
eradicating it.
A world of ideas was here flung into a world of
practise, and until right was ready, force nmst rule.
Like the returning heroes of the Trojan war, every
leader has his history and historian, each one of whom
sought to outdo the rest in their relation of daring
deeds and marvelous tales, all leaving far behuid in
this respect -^schylus and Agamemnon.
Once when evening had stretched the shadows
across the street, I saw a man of middle age, robust
and proud, pouring into the bosom of a friend a tor-
rent of sorrow, accompanied by liashful, agonizing
tears. The cause of his grief I know not. It may
have been the destruction of his hopes by fire, for on
every side were the smoking cinders of a recent con-
flagration which had laid hundreds low, and caused
many a strong man to weep internally if not in actual
tears. And who shall blame them, brave men though
they be, for this is the third, or fourth, or fifth ruin
with some of them, the third or fifth time fate has
S(!nt them forth with only their head and two hands
to begin life anew. I did not stop to listen, gaze, or
question. With grief such as this, no stranger inter-
meddleth.
Yet to the disappointed man of toil I would say,
yield thee not. Yet another blow, and another, and
another. As long as thou canst strike, I care not
for the result, thou art not overcome. As long as
Cal. Int Poc. 21
,: Wi
322
FURTHER ABNORMITIES.
roU)nL!,ti pulsates in the heart it matters not the outer
conditions or success, the man hves and nothing can
queuf'li his energies. The strokes fall re»jfularly and
to the purpose. Better to sow and never reap than
not to sow, for in sowing lies the spirit of increu.se
more tlian in reaping. He who can always work, I
care not ft)r the result, is no failure. Work itself is
life, progress, success. But alas I when courage casts
off til J man, and coward fear enters in and saps activ-
ity, unstrings the nerves and weakens the mind and
body, uncaging hope and relaxing the tendons that
grapple difticulties, the poor wretch, though he live
and oat and sleep happily as ever, is dead already.
Work, work I say; never mind what conies of it,
work.
For of such is the kingdom of earth and heaven.
For so are we made. Like the Wanderin<jc Jew, we
cannot stop. Ever and onward we nmst march, march,
march. There is no rest but tlie rest of rotting, and
even in this tliere is evermore work, work. Hence, a
ni in having lost his hold and become workkss, is neither
of this world nor of the next, but floats in a purga-
torial abeyance worse than death.
Weep, my good friend, if you will, there is nothing
unmanly in tears. Despair not of him from whosi;
sensitive or passionate nature adversity wrings tears :
especially if they be tinctured by wrath or bitterness;
but despair rather of him who with pointless languisli-
nient lives usque ad nauseam. Well directed effort
cannot always fail; but if it so appears, still let an-
ticipation wipe the brow of labor and triumphal visions
sweeten healthful sleep.
Among many both of citv and country there was
no fixed standard of morality. Each had been edu-
cated in a different school, that is to say, those of tlu in
who had been taught morality at all ; each held a dilf-
erent tradition, or no tradition; religion was a father's
rod or a mother's tears, and law and justice were in
their own right arm, so that, as with the Sophists
BUSINESS AND MORAL COURAGE.
3i»3
of Plato's tiino, plcnsiiro and pain, profit ami loss, were
about the only criLcTia ot rijj-lit and wrony; and uold
and brass wore iIm. only criteria of respoctabiHty.
That unblushiiiiT eii<.'rgy which }»ushes men in wliere
angels fear to tread, which so obscures the senses that
(ino can scarcely see one's own failures, seemed at
once, and almost unconsciously, to bear a man onward
upon the topmost wave. If he fell he had no thought
ot anything but io get on his feet again, surely he
would not lie and cry about it like a child.
"Many of my friends have left me," says the walt-
iii':;. working one, "have left me for the states. Of
latt , Sam Punches and others. And as they left they
pictured me of what they should see at home; of their
coniini; friendly meetinL'"s, ioys, and wet-eved ijreet-
iiigs, such as my heart had often told me should be
mine the day I might again behold the lustrous scenes
of vouth. And I wonder if the «>rass will look as
• aven, and tlie sun as l)nghtlv shine as fanev now pic-
tures. Shall I see the faces that rise before me now,
tlie forms and features photogra})hed in my memory
years aijo, or will tliey seem stran*'e to me. wry and
wii'dvled \ Will I have merry meetings and heart-
felt greetings, I wonder? Days are dead and many
dark nights have sunk into the tomb since I bade my
native hills good-b\-e. I see them as I left them, and
tliev are waving me adieus: I wonder if they all have
changed, if I have changed. My beard has grown
stul)ble, I grant, silver-gray mingles with the brown
of my hair, yet my heart has not lost its buoyancy, nor
my eye its brightness ; I can still laugh and love
though I have felt ^vhat sorrow is.
"Home shall see me one day, so the inward wl.is-
per strikes my ear, and a mother's kiss shall call back
childhood. Old of head but young of heart, a motli-
ers's kiss shall scatter the silver ijrav hair and smooth
and soften the fixed features; in a sister's embrace
years of wanderings are lost. Then how soon my ab-
ilrt
JUl
FURTIIEIl ABNORMITIES
sencc and return both alike will be forgotten. Some-
thini:^ tells me I shall see thein.
•' Will Barry I shall see ; mv old playmate, school-
mate, Will, fidus Achates. Will is married now, and
he will talk to me of wife and little ones, as he would
talk of an extra head, or arm, or leg. Wife and little
ones 1 I wonder if Will has changed. Merry meet-
ings and suppers; bright eyes, winning smiles, and
soul-swelling nmsic I Shall I meet one nearer still
than sister or mother; one who, laying her head
upon my breast, and tightly clasping me around shall
make me swear to wander no more; who breathuig rest
into my soul, opens my eyes to beauties hitherto ob-
scure, ojiens to my longings a passage outward and up-
ward, and who fills the measure of my desires with
her own satisfying self — lives she, and for me ? "
Millions and millions of such floating thoughts
hover ever round the brain of the waiting, working
one, nerving the arm and sustaining existence itself,
filling the dark shaft with bright images, furnishing
stuft' for dreams.
I never thought I should fancy the occupation of a
pawn-broker, and yet I cannot see what there is about
it that should necessarily render shop and shopman so
obnoxious to Christian nostrils. It is said that their
ox-eyed, hook - nosed and ugly-mouthed proprietors
make their money through the necessities of the un-
fortunate and poor. Granted, but who does not?
Would you on that account close the comer grocery
and the bakery ? Does not your banker acquire a
pledge from his wearisome client before he deals out
to him the ducats? Curse them for grinding the
poor I Curse, then, all the world. Curse fathers for
feeding their children bread earned by the sweat of
hirelhigs ; curse mothers for pointing the finger of
pcorn to those pitiable wretches whose very existence
is contamination to their untempted daughters. Is
your purse-proud capitalist who would see a poor
THE rAAN'NBUOKER.
3*20
Wfu. starve before he would lend her five dollars on
a ilead Imsband'a ring, any more the friend of hunum-
ity than the grindin|jj Jew who wt>uld ? So it is with
many of our popular prejudices — sift them and you
fiml no substance.
Oh, my pro[)hetic soul, mine uncle 1 Many a proud
head has bowed beneath the symbolic balls for the
first time in California. Could the pled^jes at tlie
slio])s of San Francisco pawn-brokers rise up and
si)eak, what tales they would tell ; of what sijjfhs, and
poverty, and struggles, and despair they would speak ;
of what broken vows, of what heartless cruelty, of
wiiat devoted love and self-sacrifice, of what agoniz-
iiig deaths 1 What touching, silent el(H|uence in tiiose
worn and faded articles, many of them once pledges of
affection, now pledges of necessity 1
Nothing smacked more strongly of the topsy turvy
times, or was more characteristicallv Californian than
tliesc pawn-brokers' shops. Ten per cont. a nioiitli;
that was the rate charged, and the interest for one
day was the same as for one month. Quick turns
wen' likewise the rule, for the sharp-eyed Shylock re-
ceived the riglit to sell pledges unredeemed at the ex-
piration of one month. What a contrast there must
be between pawn-brokers' pledges of different parts
of the world. Here you see, scattered about the
jvawn-broker's boudoir, the materials for a first-class
ouiiosity shop; guns, revolvers, bowie-knives, swords,
dress coats, camel-hair shawls, clocks, watches, dia-
monds, meerschaum pipes, opera-glasses, books, gold-
headed canes, flounced dresses, pictuies, and every
conceivable article of value which is not too cumber-
some or difficult of transportation. This temple of
distress, the necessitous of overs'^ class and caste ap-
proach : the unsuccessful adventurer, the ruined game-
ster, the bloated victim of dissipation. See that pale,
broken-hearted widow approach with tremulous step.
She is a novice still proud in her poverty. With un-
easy glances at the passing witnesses of her disgrace,
m
i
326
FURTHER ABNORMITIES.
she enters a dimly-lighted, ill-ventilated room, steps
up tt) an opening in the barrier of separation between
customer and proprietor, similar to a post-office win-
dow, and timidly lays upon the board perhaps a dia-
mond ring, relic of happy days dejmrted. A dark
visaged man in greasy coat and faded smoking-cap
froin within seizes the jewel, and through glasses of
the greatest magnifying power, critically scrutinizes
it as if to read the sparkles of its soul.
"How much?" at length he asks, peering at his
customer over the top of his spectacles.
"Thirty dollars," replies the applicant, who wishes
to borrow as little as possible so that the jewel may
be the more easily redeemed.
" No more than twenty," the man in spectacles
briefly responds. The ring had cost a hundred dol-
lars years ago when diamonds were not worth so
much as now. But taking the coin and certificate
which the mati of money as a matter of course pre-
sents, the victim of necessity departs, thinking "when
and how shall I redeem it?"
Lines of travel were soon established and every
facility offered the impatient gold-seekers for getting
from place to place. Good wagon roads were marked
out through the valleys which in the summer an-
swered every purpose, but after the winter rains had
thoroughly saturated the parched and porous soil a
loaded wagon once off the beaten track sank to the
hubs and must be unloaded and pried out as from a
marsh. Through the town the stage thundered out
into the valley, over tlie broad plain, up the ascent,
through rugged and sometimes more than suspicions
defiles, then down by gradual and winding descent to
where the half-stripped miners planted their heavy
blows through the hot livelong day. The river steam-
boats entered into the spirit of the times, and now
and then there was strong opposition. Then might
be heard opposition runners at the wharf crying "One
dollar to Sacramento by the magnificent steamer
STEAMBOATS AND STAGES.
327
Senator, the finest and fastest boat that ever turned a
wheel from Long Wharf, sound and strong, with nnr-
rors, mahogany doors and silver hinges — one dollar to-
night — feather pillows and curled hair-mattresses,
eight young-lady passengers and not a nigger from
stem to stern of her. All the dead languages spoken,
and all for one dollar 1" "Low fares and no monop-
oly," yells another, "no more rotten bottoms and
bursting boilers, and beds with bushels of bed-bugs
and fleas 1 "
In August 1853 the fare to Sacramento by boat
was one dollar in the cabin and twenty-five cents on
deck. Opposition steamers flaunted their banners, and
Long Wharf presented a stirring scene. He was a
luckless fellow who fell unprepared into the hands of
the runners. Amidst cries of "no imposition prac-
tised by this line," and cursings on a\\ sides of combi-
nations, monopolies, and oppositions, he is fenced in
by the philistines, and nolens volens he is hurried to
the boat, whose representatives are for the moment in
the ascendant.
At the various landings along the rivers, stages
take up the passengers and whirl them on toward the
mines, and when wheeled vehicles are sto})i)ed by the
rugged barriers of the Sierra foothills, saddle nmles
stand ready to hurry them on to their destination.
Out of every necessity is born a new phase of
diaracter; and the Californian stage-driver — the
whip par excellence of early times, now unhappily no
more — is not the least origmal and fantastic — of the
great conglomeration. Culled from the scum, with a
swaggering air, a rough manner, and uncleanly mouth,
lie is not without heart, conscience, and deportment.
He is a lord in his way, the captain of his craft, the
fear of timid passengers, the admiration of stable-
boys, and the trusty agent of his employer. He
prides himself in being an expert in his profession,
to which all other occupations and professions are
subordinate; all must sooner or later fall hito his
FURTHER ABNORMITIES.
;il
hands, for to this end towns are built and men and
women migrate hither and thither.
An offer of money as a gratuity would be received
as a deadly insult, but he will graciously accept a
cigar or a glass of liquor. Stage coaches are levelers
of distinction, and the judge or governor on the box
beside the driver is his equal, if not indeed his in-
ferior; for can a man of law or politics drive a stage ?
He who travels by steamer or stage must resign his
liberty, and place his destiny for the time being in
the hands of the august commander. Meeting on
the road, the friendly drivers halt and hold a confer-
ence, mingling with their classic speech the most
refined blasphemy. In places of danger the stage-
driver manages his team with the coolest dexterity ;
but he will not go one inch out of his way to save
his passengers from the fear of perdition. Sometimes
he sees safety in speed, and performs wonderful feats
in circumventing obstacles ; again he trims his boat
or empties out the cargo.
Two styles of vehicles were used, the Concord coach,
carrying nine inside and two or five beside the driver
outside, and the mud-wagon, of larger or smaller di-
mensions according to roads and traffic. The best
horses, four or six in number, were employed, the stage
proprietor, like all others of quick perception and ac-
tive energy who came to California, soon learning
wherein lies true economy. Over a good road, ten
miles an hour were readily made.
Before the hotel and stage office in Sacramento, at
dawn of day, were drawn up side by side, all fronting
one way, twenty or thirty coaches, each behind ft)ur
restive horses, at whose heads stood grooms hoklini,'
them in check. Men of every nation and degree, eacli
with a roll of blankets, and many carrying a rifle, elbow
their way from a candle-light breakfast through a labyr-
inth of horses and wheels, with lighted pipes and bottles
of rum, seeking their respective coaches. The driver
mounts his seat, casts a critical glance over the rig-
STAGING EPISODES.
ging, swears at the horses, politely directs his atten-
dant to make some change, gathers up the " ribbons,"
and turning half round bellows to the crowd, "Ail
aboard for Brighton, Mormon Island, Mud Springs,
and Hangtown I " In times of opposition, the confu-
sion was increased ten-fold by runners. " Now, gen-
tlemen, this way for Nevada; take you there in five
hours; last chance to-day for Coloma and George-
town, Auburn and Yankee Jim's I''
Soon all is ready, and off they go, amidst shouts
and cracking of whips, and clatter of horses' feet, and
the rattling of stages, through the town, and out into
the fresh morning air, into the vastness of the open
sea-like plain, diving through the long grass, under
the wide-spread oaks, down into gulches, across
streams, and up into the hilly country of the mines.
All is exhiliration and mei riment.
Round the broad streets of Marysville gaily-decked
horses before brilliantly painted coaches snort and
prance in the early morning, while the office clerks
stand beside drivers and shout, "Here ye are for
Brown's Valley, Long Bar, Rough and Ready, and
Grass Valley." In like manner the Stockton herald
proclaims, ** Knights Ferry, Chinese Camp, James-
town, and Sonora."
Before the United States Hotel, Nevada City, one
morning in May 1855, stood two rival stages for
Forest City. One passenger only had put in an
appearance when the agents for the contending lines
came up and opened the business of the day. The
solitary passenger they found seated in the stage.
" What fare are you paying in there ? " asked the
agent for the opposition.
" Five dollars," was the reply.
"Get out, and I'll carry you for four." The pas-
senger, thinking it was an easy way to earn a dollar
complies and takes his seat in the opposite stage.
"Here, come back," exclaimed the other agent,
" I'll take you up for three."
330
FURTHER ABNORMITIES.
The passenger is but fairly reseated in the first
stage, when an offer of two dollars tumbles him out
atjain, and an offer of one dollar sends him back.
But the opposition is not to be beaten m this way.
" Well, old fellow," he finally puts in, "sorry to
make you so much trouble, but get back here and I
will carry you for nothing, pay for your dinner, and
give you all the whiskey you can drink on the way 1 "
I will cite one instance showing the behavior of
these knights of the whip, under trying circum-
stances. Upon the box of the coach leaving Forest
City for Nevada the 23d of July, 1855, were seated
two men, members of the Jehu brotherhood, one of
whom was driving. Passing under the limb of a
tree which seemed in some way to have settled and
dropped down since the last trip, the top of the stage
was torn entirely off, and the driver thrown to the
ground. Of the eleven passengers one was thrown
upon the root and three jumped to the ground. The
crash of the breaking vehicle frightened the horses,
which started off at full speed, dragging the driver
some distance before they freed themselves from his
grasp. The horses were now dashing along tin road
at a furious rate, wholly without control, and the in-
mates of the stage apparently helpless. • At this junc-
ture the man who occupied the seat next the drivei,
deliberately got down upon the pjle, walked to the
end of it, gathered up the reins, returned safely to
his scat, and finally succeeded in stopping the horses
without further damage or loss of life.
It was when the long routes were established across
the plains, however, that staging assunjod its most
gigantic proportions ; one by the way of Salt Lake
and the other through New Mexico and Arizona —
two thousand miles in twenty days and nights, stop-
ping only to change horses and for meals. The road
across the Sierra Nevada was fearfully picturesque,
and going down the mountain sides was anythiiitj
but quieting to unsteady nerves Lighting a cigar
MULE PACK TRAINS.
331
and putting on the break and lashing his snorting
licirses to a keen run, the skillful Jehu, with a diaboli-
cal leer, would send his coach dashing round precipice
and craggy wall on a thread of chiseled-out road,
swaying and sliding to within a few inches of death,
and dodging the overhanging rocks and trees, diving
in and out of ruts and whirling round on the verge
of chasms where but for the timely cry of " Sit up to
windward," horses, coach, and company would be
hurled into the abyss below. Moie than once the
thing has happened, when upon a drunken driver, a
slippery road, a fallen tree or boulder unexpectedly
t iicountered in rounding some sharp turn, was laid
the blame.
At first, between the several towns and camps
there were no wagon roads, but only mule trails ; so
that among the hills and in the mountains, provisions
and other supplies had to be carried to the miners
strapped to aparejos upon the backs of nmles. Thus
"packing" became a large business, and was one of
the features of the times. Mules for the purpose
were driven up from Sonora and Sinaloa, and Mexi-
cans were chiefly employed as va'queros or nmleteers.
^Making up their cargoes hi loads of from two to four
hundred p junds according to the roads and the ability
of the respective animals, each load was evenly bal-
anced and firmly lashed on. At sunrise or there-
ahouts all was ready for the start, when an old horse
with a cow-bell at his neck and a boy on his back led
otf, and the tinkling of this bell the nmles would
follow day and night. Three or five Mexicans on
saddle-mules would follow a train of twenty or fifty
mules re-adjusting loads, assisting the fallen, and
urging on the whole with loud cries of "upal nmla,
arribal arribal"
Tlie Mexicans are the best vaqueros in tlie world.
They are as familiar with the habits and idiosyncra-
sies of the horse and mule as is the Arab of those of
the camel, and they sit upon the saddle as if part
FURTHER ABNORMITIES.
of the animal. A loaded train will travel about
twenty-five miles a day. The favorite camping-
ground is a grassy spot near a stream of clear water ;
there at night the Mexicans dismount and unpack.
Bringing up one mule after another, a blind is thrown
over the animal's eyes to make it stand quietly, then
with one man on each side the hide ropes are rapidly
untied, and the cargoes, consisting of sacks of flour,
sugar, barley, and bacon, boxes of tobacco, dried fruit,
and miscellaneous groceries, and kegs of liquors, each
kept separately, are ranged in a row with the aparejo
or pack-saddle in a parallel row, each saddle directly
opposite its load, with the girth and saddle-cloth be-
longing to it folded and laid upon the top. The
mule's back is then examined, and if galled, remedies
are applied to the spot, and the tired animal is turned
loose to graze. In the morning the mules are driven
up and packed in like manner, and on they go.
On the whole the cunning little animal bears a
good character. Though sometimes stubborn, it is
as one possessed of the devil or overtaken by a fault
rather than willfully wicked, for in his ordinary mood
he is very patient and faithful. Though in some re-
spects his sensibilities may be somewhat blunted, he
nevertheless has a keen moral sense. He guards the
load entrusted him with intelligence and faithfulness,
being careful not to knock it against the trunks of
trees, stooping low to let it pass under an overhang-
ing limb, planting his feet firmly in dangerous places,
eyeing the rocks that jut out over the trail round the
mountain side, lest in an evil moment his pack striking
one, he be thrown from the narrow path, and hurled
trembhng into the abyss below. The moment tlio
pack is loose or anything drops from it he stops, and
no matter how hungry or weary he may be he is al-
lowed little time to eat until his work is finished.
Even in those days dreams were dreamed and proph-
ecies prophesied of the time when San Francisco
DREAMS AND PROPHECIES.
333
should be but five days' journey from New York, and
the summer houses of the Gothamites should bask on
the Pacific slope ; of the time when the shadows of
gigantic trees should fall on mansions glittering like
temples; and in the vistas of long colonnades, fringed
and rainbowed by countless fountains, should stand
statues worthy of Phydias, and should walk a people
worthy to have been his models. These new Greeks
were the Califomians of the twentieth or thirtieth
centuries. Every woman is then to be pure as Diana,
wise as the unborn goddess, and fair as she whose
beauty awed the judges of Athens. The men are to
1)0 thewed like Hercules, shaped like Apollo, and
wise as Plato.
CHAPTER XIV.
BUSINESS.
,^ij-<, called
The world is full of hopeful analogies, and handsome, dubious e
possibilities.
— Oeorge Eliot.
Business linos and methods were not definitely de-
termined. You might buy butter in a hardware store
and drygoods at a liquor shop.
When Purser Forbes, of the steamer CaJifoimia,
sot out to purchase stores, he ransacked the place,
picking up here and there what he could find, paying
usually a dollar a pound for provisions; whereupon,
becomnig somewhat disheartened, he dropped into a
restaurant, where, for a mutton chop, with poor bread,
and still poorer coffee, and no butter, he was made to
pay $3 50. Thereupon he thought it must be a great
country, and so went on with his purchases.
Business was conducted on high-pressure principles.
On Long Wharf there was a candy shop, the owner
of which, after six months' business failed for $100,000.
So quickly after a fire was building begun, that a water
bucket would have to be used before the new timbers
were laid.
Since the days of the Medici, who ranked hi'jrh
among the class of Lombard money-changers, tlie in-
signia of the three golden balls, derived from their
armorial bearings, hang over the entrance to the pawn-
broker's sliop.
Frenchmen were the first to raise the occupation of
boot-blacking into an art. The cleaning, and damj)-
ening, and plastering, and polishing were not done by
(334)
SPECULATION AND WILD UNREST.
88ft
women, as Dibdin, in his bibliographical tour, pictures
it all in the streets of Caen. The few women tlitro
were in those days were used to blacken characters,
not boots.
Much has been said by a class of persons whose en-
thusiasm overshadows their judgment, of the breadth
and bigness of everything Californian, as if size were
worth, and bigness, greatness. 1 take no special pride
in tlie size of California's turnips, nor in the amount
of go!)] riddltsd from the placers; I rejoice in Califor-
nia's btauties, for beauty is a thing to rejoice in; I
bathe in her mellow, misty light, and drink her spark-
ling air, and rejoice in her capabilities, in t! k > intelligence
of her men and women — all that is good in them ; her
frailties have no attractions for me, her sins are hate-
ful to me.
By midsummer, 1850, fifty ships were in port, upon
whose cargoes the owners could not pay freight, and jmt
up at auction the ship's consignees would buy them in.
Traffic as here displayed, so loud, so large, so errat-
ic, was the very irony of speculation; and for long
afterward California was famous for wild ventures,
and liigh rates of labor and interest; yet it was clear-
ly enough demonstrated that such speculation may
prevail unattended by general financial convulsions in
a community whose circulation is purely gold and sil-
ver. The recuperative powers of the people after a fire,
Hood, or drought, were marvellous. An isolated com-
nmiiity with a metallic currency tends to the originating
and building up of private banks, andthougli a specu-
lative inflated condition of things appears at intervals
in a rapid spasmodic progress, the failure of any local
or incidental element of prosperity, though affecting
in some degree every membor of society, involved in
ruin comparatively fev.^ Nevertheless, the country,
and all about it was old and extravagant, the people
and their doings being no less whimsical and bizarre
til an tlie streets and the houses of the towns. Over
the sudden and wonderful development of wealth,
8M
BUSINESS.
commerce in the young metropolis had become crazed.
A few actual transactions which I will cite will illus-
trate the diversities and vagaries of trade better than
any general description.
There were not lacking men, and a large class of
them at one time on California and Pine streets in San
Francisco, who were free and frolicking enough. During
the height of the mining stock excitement the board of
brokers boiled like a geyser cauldron. It was a queer
fraternity this brotherhood of air-beating knights;
surging and screeching in their struggles for commis-
sions, which, when obtained, were pitched hither and
thither with the reckless indifference common to all
kinds of gambling. The champagne seller, the cigar
seller, the jeweller, and livery-stable keeper, all came
in for their share. Merrily these brokers made their
money, and merrily they spent it. Most innocent
were they in their broad and philanthropic egotism.
In their eyes the universe revolved round their board-
room ; and the man who hammered the anvil and
yelled in well-recognized tones of superior discordance,
was the Great and only One, the First Cause and the
Last. Their creed and catechism were easy affairs.
" I believe in the only one and respectable board of
brokers," the former began, referring to the "big
board," as distinguished from two or three smaller
boards, whose members in the eyes of the aristocratic
band were vulgar parverms, and bad society ; and to
every such question as "Who made you?" and
" What is the chief end of man ? " the answer was
"A broker," "to be a broker," and the like. Their
fehenna, which though large was not a veiy hot one,
ecause of their uniform kind-heartedness, was filled
with that vast horde of unfortunates whom fate had
denied the blessedness of being brokers; these and
bad members were refused admission to the heavenly
hall.
It was an exceedingly nerve-splitting occupation.
The hours of business were few, but the clatter and
THE STOCK BOARD.
337
bang of hammered iron and human voices raised to
a pitch of wild phrensy made the excitement fear-
fully wearing. The calling of a stock was sometimes
as the flinging of a carcass to a mixed pack of raven-
ous hyenas, wolves, or other bloody or bellowing
beasts. Then it behooved them to be quick; for
often an instant of time was thousands of dollars for
and against certain interested ones. The fashion of
their buying and selling was no less senseless than it
was infernal ; but such a thing as questioning the
manner of their calling never occurred to them. On
the contrary it was their pride, their glory.
•' One of the wealthiest stock-brokers of San Fran-
cisco to day," writes one, " formerly peddled potatoes
along the same streets where he can now count his own
buildings by the dozen. Another well-known resi-
dent, then a lawyer, now a judge in one of the courts,
worked for several weeks as cook in a restaurant.
Overhearing one of the patrons of the place complain
that he could not find a lawyer to take up a case he
had in court, he proffered his services, took off liis
apron and went before the court, won the case,
charged a fee of $200, and was retained for two other
cases before leaving the court-room. A certain col-
lege professor who went out from New York in '4'9,
while working with a shovel on the public streets,
overheard a Frenchman trying to arrange some busi-
ness with a wealthy real-estate dealer. Neither of
them could understand the other. The professor
leaned upon his shovel and explained the meaning of
the Frenchman. The matter was arranged in a
moment. * Drop that shovel and take off your over-
halls. You 're just the man I want,' bluffly said the
real-estate man; and the next morning the professor
commenced his career as business interpreter at
twenty dollars a day."
Once in a while a staid old merchant from Boston
or New York, braved the dangers and disgusts of the
voyage, to look after some consignment or other busi-
Cal, Int. Poc. 22
BUSINESS.
ness, when he would be struck dumb with astonish-
ment at the reckk'ss whirlpool of business that sur-
rounded him. He would see the shop-keeper sweep
with his arm into a bag silver coin stacked upon his
counter in payment for goods, as not worth the count-
ing ; he would see screaming auctioneers crying off
goods to whittling, tobacco-juice-spirthig bidders,
who between jokes would buy whole cargoes, ship
and all with terrible sany: froid.
Thus the city-builders carried their work forward
in wild irregular spasms but ever onward, unceasingly
unhesitatingly. Often the arrival of a vessel, the
completion of a wharf, or some such excuse would
double the price of property within a few days.
Again and again one wonders how it is that so
many of the shrewd and enterprising so soon became
bankrupt. With such foresight, such practical com-
mon sense, uniting energy, and golden opportunities,
all as it would seem wisely applied and earnestly em-
braced, it was pitiful to see them later, all there were
left of them, or well-nigh all, wandering the streets
that they had made, by houses they had built but
now no longer theirs, moving silently and sadly ovor
long-familiar ground, yet amidst scenes strange to
them though fruits of their own untiring energy —
wandering thus alone unrecognized skeletons of their
former selves, while a new generation of millionaires
flaunted its wealth in their faces. It was sad to sic
their wrecked hopes reconstructed by men of lessir
worth, whose proud argosies bore heavily upon tlu ir
slender craft ; to see tlie connnerce of a great metropo-
lis, once their own, ruled by upstart speculators; tn
see their sand-hill home, with its acres of garden ami
barn-yard, become thick with magnificent mansioii>.
wJKfse lords were lucky gamblers, whose parvenu mis-
tresses flouted and overshadowed their humble wives,
while they themselves plodded quietly through thiii
declining years, happy indeed if wife, and children,
and food, and shelter, might be left to them.
STRIKES; (iOLD DUST TRADE.
8Se
Strikes among mechanics began early in California.
In July 1853 the carpenters of San Francisco com-
plained among themselves of the irregularity of prices
for day's work, the rate ruling from t< n dollars down
to next to nothing. No one knew what to charge ;
each was fearful of asking too much or not enough,
und so they fixed wages at eight dollars a day, some-
wliat above the average of what they had been get-
iing. On the 18th, those determined to hold out and
not work except for the wages named, to the number
(»f about 400, held a meeting on the plaza, and after-
ward formed a procession and marched through the
town with banners streaming and nmslc playing. Had
wai];> ■- been double, it is likely they would have been
just as dissatisfied. Laborer's strikes are a melan-
♦ lioly commentary upon the intelligence of working
uit-n, who fail utterly to see that wages are regulated
I'V the inevitable law of supply and demand, and that
any attempt to forestall this law reacts upon them-
selves.
The 'longshoremen determined to have six dollars
for niiu' hours work, instead of five dollars for ten
lioura, l^orambulating the wharves to the number of
ul)out 300, they forced all who were at work to join
tht'in, using threats and violence when entreaty failed.
Tho wliarves for the time were almost deserted ; but
lu'xt dav the stevedores havinjj acceded to their de-
iiiands, the men went to work, happy in the thought
of another dollar a day to spend and another hour to
spend it in. At the same time the calkers and ship-
carpenters demanded and received ten dollars a day.
The firemen and coal passers then struck, the former
demanding $100 a month, and the latter %7b. The
masons of Sacramento also demamled the same wages
received by their fellow-craftsmen of the bay, which
Nvas ten dollars a day. The hod-carriers of Stockton,
ill place of five dollars a day, struck for six dollars,
hi San Francisco the system worked so well, that the
masons whose wages had just been raised to ten dol-
m
BUSINESS
lars, on the I7th of August, paraded the streets in a
body, and refused to work for less than twelve dollars
a day.
During the first five years subsequent to the dis-
covery of gold, the gold-dust trade underwent many
changes. Prior to 1849 the ruling price at San Fran-
cisco was fourteen dollars an ounce, and in the mines
much less. It was once sold at auction for twelve
dollars. Afterward the rate was fixed and maintained
at sixteen dollars an ounce. Due attention was not
paid by merchants to the quality or cleanliness of the
dust, and many miners were not careful to remove all
the black sand. The scales used were also not always
the nicest, nor the weights most correct. The gold
from central California was mostly vii^in gold;
but that which was later thrown upon the market
from the mines of Mariposa, Kern river and Fresno.
was of inferior quality. This gave rise to a system
of adulteration, which could not be easily detected by
purchasers. In time assay offices were established t< >
reduce the mass of the precious dust to a determined
value before shipment ; this, together with the stimu-
lating traffic by large competing banking-houses, ad-
vanced the price of clean dust first to $17, and after-
wards to $17 50 an ounce, this being the avera*jft'.
The proceeds of some mines were, however, sold as
low as $14, and those of others as high as $20. The
gold-dust trade finally fell into the hands of four large
houses, which a little later shipped only bars witli the
true value stamped on them.
In April. 1851, bankers agreed to receive on deposit
no California coin other than that issued by Moffat
and Company, who were the only ones faithful in their
valuation, and had, moreover, made provision to re-
deem the coin issued. Until the establishment of th(i
mint at San Francisco, merchants suffered because of
the exclusion of California coin from circulation. Tliey
could not refuse to receive it without injury to their
COINS AND COINAGE.
341
trade, and generally had much of it on their hands.
Some foreign coins began to circulate at the value put
upon them by the United States government. At
last, to obviate difficulties, the legislature passed a law
making it a criminal offence, punishable by fine and
Imprisonment, for coiners to neglect stamping upon
their coin its true value, or failing to redeem it from
the holders thereof on demand.
In October 1852 news came that the federal gov-
ernment had ordered that the fifty-dollar slugs or in-
gots should not be received for duties at the custom
liouse. This was a serious blow, at a time when coin
was very scarce. Legal coins at once advanced cwo
])er cent. Though that order was coupled with a
liromise to establish immediately a mint, the people
were not satisfied.
The hank failures of 1854 and the political corrup-
tion of 1855, hastened a commercial crisis which had
heeii brewuig for a year or two y)reviou8. The mone-
tary cataclysm of 1848-52, was followed by a reaction
resulting from various causes combined, to-wit: in-
< reuse of a non-productive population, greater labor to
(X tract gold from the earth, high-pressure life and
ifckless extravagance, a .succession o}' disastrous floods
unci fires, and over-trading. Hundreds of merchants
tailt (1 and involved hundreds of others in tlieir fall.
Many failed as many as three times and started anew,
I'tliirs took subordinate positions ordi-ank themselves
t»i death. Not one in ten of the San Francisco mer-
(liants of 1841), was doing business in 1855. Fifteen
hundred lu^althy men, of every intellectual calibre,
tnund themselves without occuj)ation •)r means of live-
liliood. California's credit was now at a low ebb
iiliioad. The population did not then increase at all.
lltal estate was so low that there was scarcely any
Hild. Since the fire of 1851, San Francisco saw no
j^ldomier day than that foHowing the suspension of
Pa,u;e, Bacon, and Company, announced on the 2 2d of
February, 1855,
i!
aia
BUSINESS.
The San Francisco branch mint, in 1857, was robbed
of ten or fifteen thousand dollars by the coiner's head
cutter, William Bein, a Belgian. Bein was arrested
the 19th of August, confessed the crime, and gave up
to the United States most of the proceeds of his crime.
The gold taken was in blanks and clippings, and the
circumstance which aroused suspicion was the deposit,
by a banking house, of certain small, rough, gold bars
of standard mint value. Bein was promptly convicted.
Others implicated in mint swindles were arrested
shortly after. Isador and Henry Blum were brought
up on a charge of conspiracy against T. A. Szabo, in
attempting to extort money from him, believing him
a mint-defaulter and in their power. Augustin Har-
aszthy, melter and refiner of the San Francisco
branch mint, on the 19th of September, was indicted
by the United States grand jury upon a charge <it'
embezzling gold to tlie amount of $15 1,550. He was
arrested and released on $20,000 bail. Afterward h<
was tried and sentenced to six years in the stat(
prison an<l to i)ay a fine of $2,000.
Californians early determined that as mind aii<l
manners were here free, money should be free also.
Dante could have found in California a better answ ei
to the question why usury offends divine goodness,
than the silly one Virgil gave him. It was in the
realms below that the two were sagely discoursiiiu,
and the sage and master answered that in (:Jenesis it
is written that man is to work and multiply, and that
the usurer thwarts nature by taking money without
working for it. Good reasoning tJuit may be in hadt>s.
but itsounds sillyin California, Our first answer is tliat
usury does not offend God; our second tiiat nionev
like any other commodity is regulated in its price hy
the innnutable law of supply and demand, and is
worth what it will bring in tlie market. If a person
finds it profitable to borrow money at ten per cent a
month, why should he not be permitted to do it ?
If he can get it for less lie will not pay that ; if h'
INTEREST AND USURY LAWS.
S43
cannot make it profitable at that rate he will not
borrow it. No greater absurdity stands upon the
statute books of civilized nations than laws compell-
ing men to loan their money for less than it is worth.
Tliey might as well pass laws compellhig merchants
to sell their wares for less than their value.
On the statute-books of all enlightened countries,
from the days of Shylock to the present time, the
usury law has been obsolete, and the idea of foisting
Kuch a piece of antiquated nonsense upon the people
of California was not to be thought of. They wanted
no laws regulating the price of the use of money,
they said, any more than laws regulating the price of
flour or city lots. Men are supposed to know their
own business best; one, what he can afford to pay
for the use of money, and another what rate of inter-
est he can afford to loan it at. There is no more
reason for a legislature to pass laws regulating the
interest of money, than that it sliould frame sumi)tu-
ary laws which we all admit would be a step back-
ward. At that time particularly, the chief staple of
California was the metal of which money was made,
and lier business men of all others should know that
this as well as any other product is liable to fluctua-
tions according to the supply and demand.
If the mercliant, manufacturer, or miner, can attbrd
to pay high wages and high interest, it shows that
the country is so prosperous and his enterprise so
]»r()fit{ible that he is justified in paying high for capi-
tal and labor. In times of panic or stringency aris-
ing from overtrading or extravagance the case is
iMHerent; but it is not against such contingencies
that a usury law aims to provide. The objc^ct is to
invade a man's jirivate afl'airs when lamez fairc is
Ix'tter. Besides, admitting the existence of an evil,
usury laws instead of curing it only aggravafr it. In
till' place of securing the lender a return of his money
with tl)e interest agreed on by law, it only forces him
to resort to fraud in loaning his money, and by weak-
m
344
BUSINESS.
ening his security to throw a heavier burden upon
the borrower. Almost all laws made to protect bor-
rowers of money react on the borrower, the lender
having the advantage. The suspension of several
banks threw the wheels of finance generally off the
track. Confidence in other banking houses was im-
paired ; the solvency of merchants was suspected. No
man felt that his ducats were safe unless he had
them in his own possession.
Likewise the effect upon the people of the suspen-
sion of the two great express companies was much
greater than that of all the banks combined. There
was not a town of any consequonc<^ in the interior or on
the coast from San Diogo to Puget Sound, where
one, or most generally both of these companies did
not have oflUces. There thousands of miners and labor-
ers liad deposited their little all, preparatory to remit-
ting to their friends at the east; they had there laid
by a little for a rainy day, a nest egg, passage-money
lionie, in fact their all, the result of years of hard
labor— thousands, I say, throughout the length and
breadth of the land, saw their money and their hopes
thus suddenly cast away.
And if credits during the flush times were freely
givtiu, us u rule debts were prom[)tly paid. Business
was done u[)on honor. There was no law ; away
from the larger towns there were no [)reteusions in
the way of tribunals for the collection of debts.
Had there been such they would have received little
f>atronage. If the debtor was ill and unable to work,
why molest him ? Poverty, there was none. When
every rivulet and ravine yielded large nturns to tlu;
application of pick and paji, he who was able to wield
these implemcmts could not be called poor. If the
di'btor was a rascal, and would not pay when he
could, a knife would cut the difficulty, or a pistol-ball
reach the wrong quicker than the law.
In the first flush of business upon the new Ameri
can high -pressure priiicii)le, after gold had been dia-
1 1
BUYING AND SELUN6.
345
covered but before sufficient time had elapsed for
cargoes to arrive from a distance, when money was
l)lenty and prices had advanced in some instances a
thousand per cent, the trick was to get goods, not to
sell them. The two chief rival firms were Charles L.
lioss, and Howard & Melius, each of which kept a
w til-manned boat ready on the instant to shoot out to-
ward the Golden Gate, on the approach of any mer-
rliant vessel, so as to forestall competitors in securing
stock. To this end a sharp lookout was kept, as we
may easily imagine, and every means adopted at once
to catch the first view of the incoming vessels and
Mind the eyes of the others to the welcome sight. It
luippeiied one opaque, niisty morning that the fog
lifted for a moment only, just long enough for Ross'
sentinel to see loominj; seaward a maijnificont britr
wiiose white sails in the vision seemed to fill the whole
o(<'aii. Ross and his crew were soon afloat, pulling
liard in that direction. So was the rival lioat, for
the watchers had been watched, and such movements
were well understood. The advantage, however, was
witli Koss, who beside havhig the start, knew where
the vessel lay; and by pulling stoutly out of course
and tlien escaping them in the fog, he threw his com-
IK'titors off the scent, found tlie brig, crawled up the
sides to the deck, and as coolly as possible after the
fancy of Yankee traders, salutt^d the captain and
opened negotiations. "What ye got?" demanded
b'oss. "Waal," the captain began, "there's some
wooji'n shirts, a hundred and fifty or two hundred
dozen ' "Stop a moment,' Cxclainied Ross who
I'laiidy heard the sound of oars approaching every
moment nearer, "wliat'll you take for everything on
Itnard?" " Oh, I guess you are joking," simpered the
skipper. "N«>, I am not joking," said Ross, drawing
iiom his pocket a handful of yellow goUl. "What
advance on your invoices will you take for all the
merchandise in your ship?" The skipper |K>ndered,
nut faiUng to notice the rapidly increasuig noise of
i
1 1
846
BUSINESS.
oars, this sharp-witted Boston captain; he pondered
as he eyed the New York man thus met on this
western aide. It was a long proceeding, carefully se-
lecting and laying in this cargo, in which twenty or
more shippers were interested, and guiding it safely
through divers-tempered winds, over 16,000 miles of
ocean, to this very far-away port — it was a long pro-
ceeding to be disposed of summarily, for three months
would have been a short time ordinarily in which to
have sold the cargo. Three months ; and fifty per
cent, would have been regarded as a good round
profit. " Come, captain, if you want to trade, and I
take it that is what you are here for," said Ross, now
growing a little nervous, " how much advance, and
the money down?" The skipper looked him steadily
in the eye, glanced significantly at Howard who was
climbing up the side of the vessel, and answered slow-
ly, *'one hundred per cent." "I'll take it,' Ross
said. "This will bind the bargain," he added, as hv
passed over the handful of money. *' And I'll make
those woollen shirts pay for all the damned truck
here," said the purchaser, as he regahied his boat,
swearing thus mildly not through lack of feeling, but
because he was in training for a position as teacher in
Wheeler's forth-coming Sabbath-school.
And the gentle Brannan, Sam; he learned to flaunt
the Mormon's money bravely at the auctions. Sum
delighted in auctions. Never was he so happy as
when perched on a high box smoking a long cheroot,
and sinking the small blade of his sharp knife into
the soft pine. Gillespie was then at the head of tlu;
Cliina trade, and the disposal of cargoes by aucti<»n
was daily gaining favor. It saved so nmch trouble
in the way of handling, and warehousing, and charg-
ing, and collecting, and prices were often better thai:
when jobbed out. One day, pursuant to notice, Gil-
lespie put up a cargo of tea to sell. At the hour,
there upon his box sat Sam, smoking, and spitting,
and wliittling, thinking perhaps of the extravagant
MANNERS AND METHODS,
347
price of wives in the market, and how much it would
cost to people Zion at current rates ; thinking of the
temple to the living God which he was to rear in the
wilderness; thinking of anything except lucre, and
tlie price of tea. " Ten chests with the privilege,"
began Gillespie. " I will sell not less than ten chests,
the purchaser to have the privilege of taking as much
more at the price sold as he pleases." Around the
open boxes merchants were blowing and crushing,
and smelling and tasting; Sam sat serene. "And
how nmch am I offered ? " Gillespie went on. " Thirty-
five cents, thirty-five ; forty ; and five ; fifty ; fifty-five
cents I am offered ; sixty. Are you all done gentle-
men? Sixty cents, going; sixty cents, once; sixty
cents, twice ; third and last time — " " Sixty-one 1 "
came from the top of the box. " Sixty-one, sixty-one
cents, and sold. How nmch will you take Mr Bran-
uan?" Now there was tea enough in that ship to
give every grocer in town a good stock, and the bid-
ders present had all so reckoned, and had deemed it
tolly running it up to a high price when they could
just as well buy it low. The tea was then worth in
the market one dollar and a quarter, or two dollars
and a half, or five dollars, according as it was held and
controlled. Brannan was the heaviest buyer there;
he miorht take fiftv chests out of the five hundred.
So they reasoned, and were content that Sam, tlie
ravenous, should first satisfy himself Imagine, there-
fore their chagrin as in answer to the auctioneer's
(juostion, '* How much will you take Mr Brannan,"
they heard come from the top of tlie box, where the
eyes were still bent on the continued wliittling, in
notes like the snarl of a coyote, "Tlie whole damned
concern."
The prices of provisions were exceedingly unsteady,
and those accustotned earlv in the morninij to enter
the markets with their baskets on their arms, for few
delivered what they sold in those days, soon learned
not to be surprised at anything in the way of prices.
I'i 'i. ^
VM
>:4
348
BUSINESS.
■1^ i
!
One day George Eggleston stood behind a box of
fine fresh eggs talking with Bob Parker from whom
he rented his stand when a customer came up.
"How much are eggs?" "Six dollars." "What, a
box ? " " No, a dozen." " Give me a dozen." Some-
thing in the little trade struck Parker, who delighted
in waggery, as a little ludicrous ; probably it was the
indifference with which the customer bought eggs,
paying as cheerfully six dollars a dozen as six dollars
a box. And the plot of a little joke instantly arose
in his mind. "George," said he, when the customer
had gone, " you will never make anything in this
business if you don't keep better posted in prices."
" How so ?" demanded Eggleston. " Why, here you
are sellinjj egijs at six dollars a dozen, when the regu-
lar price everywhere is eighteen dollars," responded
Parker. " But I know where I can get all I want at
throe dollars," said Eggleston. " That's it," replied
Parker. " Yt)U haven't the business sense that tells
a man liow to make avail of his opportunities."
Parker tlien turned to speak t « a friend ; but one ear
was open to Eggleston's doings as a dai)per little man
of family stepped briskly up and oegan negotiations
"Hello, George, those are nice eggs; how do ye
sell 'oni." "Well," replied Eggleston, somewhat
slowly and denmrely, "eggs are a little up this morn-
ing; those arc eighteen dollars a dozen." "All right, "
said tlie little man, " I'll take two dozen." And he
laid down the thirty-six dollars far less grudgingly
than the average Boston man would have given
thirty-six cents for an equal quantity of the same
commodity.
Potatoes were scarce and high at San Francisco
during the winter of 1848-9, and as there had been
scurvy in the mines they were specially desired.
The Hawaiian Islands crop had been bought and
eaten, and the ground had been hoed over a second
time for what had been left the first ; for prior to this
last operation there was not a potato for sale in the
PRICES CURRENT.
349
town. The day after the cleaning-up ship had come
in from the Islands, some small watery specimens of
the root were exhibited in the market, and on the
doorpost of one of the hotels was tacked a shingle
on which was (Chalked "potatoes for dinner to-day."
And early that morning the thrifty burghers of the
place were out with their baskets, smilingly asking
the market man "How do you sell potatoes?" "A
dollar and a half," the rieply would come. "Give me
a bushel." "A bushel I They are a dollar and a
half a pound." "Oh I ahl I will take two pounds."
California gold largely increased the importation of
silks, velvets, laces, jewelry, and other articles of
luxury. It stimulated the building of houses, and
carriages, the breeding of horses, but not the rearing
of children ; it increased the number of theatres,
balls, parties, and concerts four fold, and advanced
real estate values, and the prices of all commodities.
One day a man having 1,500 dozen eggs for sale,
brought in by a coasting schooner, hailed a street mer-
chandise-broker, of whom there were hundreds in
those days, and insisted on his buying them, which
the broker finally did, at 37^ cents a dozen. Right
away the buyer began to sell at $4 50 a dozen, when
the first seller exclaimed " What a fool I have been 1 "
and securing the remainder at the last mentioned
price, took them to Sacramento and sold them at
$6 a dozen.
When tobacco was down, a man desirous of build-
ing a house on made ground tumbled in boxes of it,
enough to form a foundation. Before the house was
built tobacco was worth $1 a pound, more than a
dozen such houses. Wanting a cn)S8 walk one threw
in sacks of beans, which shortly after were worth
thirty cents a pound.
At the restaurants of the period. Skinner's chop
house on Second street, Sacramento, for example,
were heard all the old cries of the cheap eating-
houses of Fulton, Ann, and Nassau streets. New
VJf
ip
i!
niji
880
BUSINESS.
York. Blustering waiters in greasy clothes switch-
ing filthy towels about the noses of their guests,
bawl their orders from morning till night and from
night till almost morning, in the honorable effort to
fill the stomachs of the great unwashed. Loud of voice
and with faces red they cry, through the hole which
opens into the fizzing, smoking kitchen, "Hurry up
them cakes 1 "" Plate of fish-balls quick 1" "One
rare steak ; one hasli ; plate o' fried tripe, with one
onion, done brown!" "Come, why don't yer hurry
up them cakes ; don't be all day 1 " Thus they con-
tinue, through the busy hours of meal time amidst
clatter of dishes, and now and then a crash resulthig
from a collisi(m of the carriers, varying their stern
calls with benign and soothing words to the afflicted
customers: " One moment, sir." '• I'll attend to your
case, sir." " Now then, sir ; we have as you perceive
by the bill of fare everything you can wish, sir." A
miner mumbles forth his order, and the next moment
is almost lifted from his seat by the shout : " Cakes,
sausage, tripe, fish-balls, liver, and tea for one, quick 1 *
Long Wharf, by which name the lower end of Com-
mercial street in San Francisco was known in the early
years, was tlie rendezvous for thieves and thimble-
riggers as well as for all sorts of peddlers, criers and
"givers away" of merchandise. There Cheap John
flourished in all his glory, and no matter how hard the
times, drove, what appeared on the surface, a lively
business.
•' That feller in thar talks as ef he had his tongue
iled ;" remarked an attentive observer, a tall, raw-boned,
liatchet-faced individual, one evening.
"Talking of iles," immediately broke forth the
facetious auctioneer who overheard the remark, "I have
somethinof here which I ravther think will kinder take
you," at the same time holding up as many bottles of
hair oil, brushes, and pieces of soap as both hands
could contain.
" Here's a lot of goods, gentlemen, worth in a reg-
CHEAP JOHN AUCTIONS.
S.'Sl
ular way five dollars." The crowd smiled audibly.
•*Now, I don't want as much as that," continued
Cheap John. *' Times is too hard, and if you won't
liave 'em for something you may take 'em for nothing.
I'll put 'em all at four-an'-a-'a'f. Who'll givenic four?
Take 'em along for three, gentlemen, you know times
is hard and these goods must he cleaned out of here.
There tliey are for two-an'-a-'a'f. Who says two?
Down they go at one, and to show you that times is
hard and that these goods must be sold, there they
lire for fifty cents, and I'll never ask a cent more nor
cake a cent less."
" Well, mister," drawled out the sharp-visaged ob-
server, who by this time had worked his way up to
the counter, "times is hard, very hard I may say, an'
t f you'll jest throw in that 'ar coat an' pants, an' that
'ar vest, an' fiddle what's hangin' up thar agin the
wall, why dang my buttons ef I don't paternize yer
fifty cents worth."
Sickness was an expensive pastime in those days,
and to indulge in some diseases was much more ct)stly
than in others. The fee-bill of the San Francisco
iiit'dical society, organized June 22d, 1850, gives
tlie prices for various visits and operations rang-
ing from $16 — one * ounce,' — the lowest, to $1 ,000. A
single visit was $32 ; a visit in regular attendance
$32; for every hour detained $32 additional; advice
$50 to $100; night visits as consulting physicians
8100; for various specified operations from $500 to
$1,000.
Doctors flourished, and as a class were no more
scrupulous than ministers or minors. At Yeates'
raiicho, in 1 841), a man died. He had two yoke of
cattle and a large quantity of provisions in hia wagon.
Df Sparks took care of him, and when he died claimed
the rattle and wagon for the doctor's bill. Dr Sparks
was soon taken sick and Dr Clinton took care of him.
Sparks died and Clinton took cattle, wagon, pro-
visions and all the property Sparks had, for his bill.
i i
< <9
M BUSINESS.
A wag published in the Herald of June 6, 1851, a
caricature model business-letter of the day, from a
California correspondent of an eastern shipper. The
receipt of several hundred ship-loads of goods is
acknowledged, most of which were sold at half their
cost, and the remainder of the invoices were closed by
the regular fire of the 4th ult. "Some two hundred
of your vessels," continues the letter, "have cleared
for China and the Elast Indies; the balance, Hay five
hundred, remain in port from our hiability to negotiate
further drafts on you. Most of them are less liable to
sink, as they now lie on the sand flats, than they
would be if sent to sea, and we would advise their re-
maining as they are some forty or fifty years. We
would advise the immediate shipment of some five
hundred assorted cai^oes as the supply in the market
is not more than sufficient for fifteen months. Any
article quoted at high prices, the consumption of
which is limited, should be shipped in large quanti
ties, in order to compete with the host of other ship-
pers. In shipping dutiable goods, you need never
provide for the payment of the duties, as we are at all
times prepared to advance the amount required at ten
per cent, per month interest ; or, if you prefer it, have
the goods stored in the celebrated U. S. fire-proof
bonded warehouses, at the trifling expense of seven
dollars per ton the first month, and three dollars each
succeeding month. An anniversary fire is confidently
expected on the 14tli inst., when we hope to close
most of our consignments."
Looking at the fleet of vessels at anchor in the
harbor, one wondered how it was possible for three
hundred thousand men to consume the cargoes of
them all. But these three hundred thousand weru
equivalent to a million of mingled young and old,
women, children, and men. Cities were to be built,
farmes stocked, and mines developed, and all this re-
quired immense supplies and material. Little or
uothing was then produced ; even lumber for building,
TRAITS AND CHARACTERISTICS
3S3
and vegetables and grain, were shipped from distant
ports.
The captain of a vessel landing from a small boat,
throw his valise upon the shore, and calling out to a
ship's porter, "Carry that valise up to the hotel, my
l>oy," pitched him a half dollar. Drawing back from
the com, which he had permitted to fall upon the
ground, with an air of magnificent disgust. Jack drew
from his pocket two half dollars, and throwing them
over toward the captain, exclaimed as he turned upon
liis heel, "carry it up yourself"
Some long-headed, leathery-brained Boston Yankee
i?ent out shot. He had more shot than he could sell
av. home, and he had been told that there was consid-
eiable shooting among the miners; so he threw into
a shipment a large consignment of shot. "Who
wants shot in California I " exclaimed the consignee.
" Nobody," replied a broker.
" What'll ye give for *em ? "
" Don't want 'em."
"Didn't ask if you wanted them. I asked what
you would give for them."
" Oh I ten or twenty cents a bag."
" Thoy are yours at twenty cents."
The buyer then rubbed up his wits, and presently
sold them at $4, to be run into revolver bullets. Then
lie bought a lot of tacks at ten cents a paper; for
"wliat do people want of tacks who have no carpets?"
ho liad asked. But when they began to tack up can-
vass houses, all those tacks went off lively at $2 a
pajHT.
Of the firm of Priest, Lee and Company, at Sutter's
Fort, was Christopher Taylor, who went from Oregon
to San Francisco in 1848, on the brig Henry, which
carried down produce, lumber, provisions, and passen-
gers. In company with several Oregonians he pro-
ceeded up the Sacramento in the little vessel of Sutter
and Hastings, arriving at Sutter's fort in September.
Cal. Int. Poc 23
3S4
BUSIXESS.
I : mi
' I
There they hired a team to take them to Coloma, at
which place they encamped. He whom Mr Taylor
calls his partner went over to the middle branch,
where he met friends whom he joined, and was soon
maiiing one or two hundred dollars a day. Being
thus left alone, Taylor returned to the fort, arriving
the 25th of September, and having in his pocket about
twenty-five dollars. While considering in just what
way he would make his fortune, his money being
pretty well spent, he was accosted by his old friend
Barton Lee. "Chris, what are you going to do?"
"Well," said Taylor, "I think I shall go into business
here." "You are just the man I want," returned
Lee. "Come and dine with me."
Now neither of these individuals had capital suffi-
cient to pay a week's board; yet each thought the
other possessed of abundance. Both, however, wore
enliijhtened before dinner was over. Lee had a littlo
the advantage, as he had begun a large business by
renting a room in the fort for a store, though he had
nothing to put in it. For this he had promised to
pay a rental of $100 a month; the first month's rout
was still due. These interesting facts came out
gradually between courses, as they might be told
without affecting digestion.
" What do you think of it ?" asked Lee after dinner.
" I think I shall go into business," paid Taylor. ' * Whore
is the stock to come from?" inquired Lee. "Do yf)U
know any one at San Francisco?" "No one," re-
sponded Taylor. "But we can get goods enougli;
we will buy them." There were at this tiujo con-
stantly arriving from the bay small slooi)s, laden with
such goods as the miners required. Assuming the
attitude of senior partner, although Lee had tlie room
rented before him, Taylor said, "While I sweep out
the store, you go down to the embarcadero and buy
out the first vessel that arrives; buy ever^'thing on
board." " But where will I gc^t money with whioli to
pay for it all?" Lee wanted to know. "Leave tliut
ifEANS AND MEAWRES.
Mr
to me," replied Taylor. Lee did as he had been di-
rected, and returned reporting the purchase of a cargo.
"What does it consist of?" demanded Taylor. "Ore-
gon bacon, flour, and boots and slioes," was the reply.
"Exactly what we want," said Taylor. "About tlio
]»av — what arranixemcnt did vou make ? " " Not anv."
"Well, in the morning say to him that his money is
ready, and he shall have it as soon as the goods aio
landed." "That is all very well," said Lee, "but I
would like to know what kind of a scrape I am gettiuk;
into." "Docs the captain drink?" "He soaks in it
all the time." "All right; see that plenty of whisikcy
i^ always at hand; as fast as the cargo is dischar«ivHl,
send it to me, but do not lot him tjike it out too raj)-
idly; tell him our team is worked hard, and that we
are so crowded we cannot st«nv it away faster."
All went on smoothly at the embarcadero. The
master of the vessel thouixht Loc one of the best men
he had ever met, exceedingly honest and trutliful.
Tavlor handled himself livelv about the store. Ha
made trade brisk. Some of tliose in the crowd that
'.vas coming and going he knew; they and otheis
wanted supplies. The goods as they arrived were not
put into tlio store, but were piled up outside, thus
making a grand display. Such largo merchants nmst
surely have largo means, and good credit. The result
of it all was the merchandise was sold as fast as de-
livered, and when the captain camo for }iis money, the
jt.trtners had enough to pay f r the cargo, vessel, and
all.
It happened one day wirh Mr Palmer, in settling
oil-hand some accounts with a business acquaintance
involving heavy transactions, that he stood near a pile
of lumber. There was due the man from i'ahner
8-r),000, for which Palmer gave a check on Palmer,
C()(»k,and Company, writing it with chalk on a shingle,
which was presented and promptly paid.
The diggers alone produced the gold ; a,s for the
rest, all preyed on them and on each other. Even
^1l
il-li
i ' Jl
It
"m
BUSINESS.
the packers and traders were often hard pushed to
make both ends meet, as when Shnonton sold his
mangy dog for $50, taking in pay two worthless pups
at $25 each.
In the summer of 1851, business was decidedly
dull. Everybody comi)lained. Many returned home.
Miners had touched bottom ; for agricultural products
there would be no demand, and the country was miw
a good one to leave. Auctioneers continued to ham-
mer off goods at rates which, after paying freight,
cartage, storage, and conunissions, if the shipper was
not brought in debt himself, he might deem himself
fortunate. How like a golden dream the old time
came over them — ^the brisk trade, and three and five
hundred per cent profits of '49 and '50 1 Alas, but
for the fires they might now be at home enjoying the
fruits of their enterprise, instead of being obliged, for
the third or fourth time, to try it just once more.
None felt the dull times which seemed to settle on
San Francisco in earnest first toward the spring of
1852 more than the sporting fraternity. Many
gambling-houses did not make enough to pay the
nmsic, and gamblers did not refuse to ])lay lor as
small a sum as a quarter of a dollar. Fifty-dollar
slugs were as common on the dealer's table four
months previous as silver dollars were now. The
absence of rain about the 1st of March made business
men and miners blue. People were just beginning
to realize the full effect of the absence of rain upon
the interests of the country, and no one had the heart
even to gamble. Grand raffles were then started to
stimulate the flagging spirits of gambling. Tobin and
Duncan, auctioneers of China ^oods, finding them-
selves with a large stock, and bidding being slow, en-
gaged the Jenny Lind theatre, spread out a brilliant
array of prizes, one thousand in number, consisting of
diamonds, jewelry, paintings, and China fabrics, and
on the (Jth of March, 1852, distributed the whole by
lot amoniT the larire audience in attendance. Fi^■e
among
Ui'-lBi
RAFFLES AND OTHER GAMBLING.
hours were occupied in the drawing, which took place
under the superintendence of a committee of eiglit
persons. The first prize, a diamond watch valued at
two thousand dollars, was drawn by one Moses.
Duncan's Chinese salesrooms, thrown open the 5th
of April, 1853, made a finer display of Oriental mer-
chandise and curiosities than any similar establishment
in Europe or America before or since. Spacious
rooms, tastefully fitted up, were crowded with costly
Asiatic goods, })rescnting the appearance more of a
magnificent museum than a shop. The wealth and
splendor of the Indies were spread out in tempting
array for the benefit or ruin of purchasers — shawls
from Thibet and Cashmere, silks embroidered bv pa-
tient Hindoos, Chinese robes, ornaments in wood and
ivory, work-boxes of Bombay, scented sandal-wood,
grotesque carriages from Japan, porcelain ware, and
paintings.
Beside the elaborately wrought silk and crape
shawls, which were very popular at first, but which
soon we it t ni of fashion, the Chinese shops in San
Francisco ottered many curious articles. Carved
ivory, representing auunals, cities, pagodas, junks;
puzzles, fans, chess and checker-men in wood and
ivory ; sandal-wood, roots twisted into peculiar shapes;
gorgeous but flimsy silks, satins, and velvets; hila'id
l.uMjuered ware and china, silver filigree work, pictures,
jDid a thousand other things, displaying the a3sthetic
shades in the minds of those half-civilized heathen.
Business at the beginning of 1854 was pronounced
(hill ; everybody was complaining. The minors lacked
water, tire country traders money, and so the ware-
In >uses of the city must groan with goods and their
owners with mnui
It. would, indeed, have been very strange had not
sonio become <liscouraged. One man landed in San
Kniucisco in January, 1851, with $150,000 worth of
troods. The first fire after his arrival destroyed half
ot tliom, the next swept away the remainder, and
! Ill I
:- ^
f/0 BUSINESS.
after a six months business career in California, he
returned home ruuied and well-nigh heai"t-broken.
No wonder that some, their fortunes smitten to dust,
predicted for the city the fate of Babyh)n, and fled
from its portals as from the gates of Sodom. But
notwithstanding the rapid succession of disasters,
^vhich in any other country under heaven would have
sri'nied fatal, again and again the city rose from its
aslu'S, and its people buckled on anew their battered
armor.
Yet the spring trade of 1854 was good. It fell
olT as usual toward summer, when there were great
complaints against insane and avaricious eastern
shii)i)ers for glutting the market with goods. In
August there was a revival in business and general
pr<»spi'rity throughout the state. Notwithstaiidhig
the many destructive fires, building was active, and in
the interior tt)wns a better class of liouses were
erected than ever before. Marysviile was specially
lively at this time, and the coast towns fiom Ban
Diego tA Puget Sound — San Pedro, Santa Barbara,
Santa Cruz, Monterey, Eureka, Trinidad, Crescent
City, I\jrt Orford, and others began to show signs of
progress.
At tine of the sales of the state's interest in the
city of San Francisco water lots, in October '854,
1;12 lots wen; bid oil' to a certain person who bubst-
(juently made two payments on account of tlie same
ill accordance with the terms of Siile. At the proper
tiniG the purchaser presented himself before the auc-
tioneers, the agents of the board <*f commissioners,
pr< j)ared to make the third and iiaal ])ayment, tt>-
getlier with the usual commissions and a fair price fer
drawino; ui> the deed. The Rircnts for tlio sale nt'
the state s interest refused to receive this last install-
ment, unless the purchaser would pay them in addi-
tion to their legal connnisslons $1,1)80 for making out
the deed, liehig at the rate of fifteen dollars a lot f<r
the 132 lots. AlthoUirh but one deed for the entire
CHANGE AND REGENERATION.
359
purchase was necessary, the auctioneer claimed the
right to cliarge the same as if 132 dift'erent deeds
had been drawn up. This exorbitant demand the
purcliaser refused to pay and the lots were resold by
the commissioners' agents.
Thus matters progressed. From a savage wilder-
ness there soon emerged a settled community ; fortunes
were made and lost ; cities arose like magic and were
destroyed by fire or flood in a breath ; one day the
noisy industry of a busy population echoed through
the liills and ravines, and the next all was deserted as
if smitten by the plague ; speculative excess, gamb-
ling, and debauchery ran riot, while decency stood
l)y helpless to restrain. Unworthy and unprincipled
men usurped the highest offices, and by tlieir nefari-
ous schemes filled their pockets and those of their
abettors with the ill-gotten gains of pilfering and dis-
honesty, and all this time tlie press was either silent
through fear of })ersonal injury, or basely sold itself
to uphold iniquity. Then can)e a change for the
better. Vice was compelled to retire from ]>ublic
gaze; the gambl(;r and the harlot were no longer
allowed to ply their trades on the most public
t!;orough fares in the broad light of oixiu day, and
the beu'/li Itecame in a measure purified.
Yet public and private enterprises of a substantial
aiul permanent character were projected and cairied
out in greater numbers and more rapidly than hith-
erto. Formerly, such only were attempted as would
immediately }'ield a ricli rew'ard, and these wcni ac-
< oiiiplish*!*! with the least possible expense, and in such
a manner as to last only for the time being. T(>nts,
liuts, and log-cabhis were the h(mies of the ndner, a
raft was his ferry-boat, and a scratch upon tlie hillside
liis water-ditch. The towns and cities were of nmsh-
rooni growth, merchants cooked and sKpt in their
;'!)lit-board stores, find guarded their goods and tri'as-
urcs from thieves and fires. Farming life was no bet-
ter, and exhibited ft w evidences of that spirit of
1 '»
360
BUSINESS.
content and permanence which now began to appear
m well-tilled lands, with fences pnd drains in hand-
some dwellings with cultivated j^urdens and commo-
dious outhouses. Culture and improvement began, to
be seriously considered; institutions ..ore organized
devoted to morals, religion, temperance, and the ini
provement of the mental and physical condition of tlit
young. Plank roads were made, and substantial
bridges built across the principal streams.
Some eastern men made money in California, but
more lost heavily. If from sickness, fire, flood, or
any other cause, the extravagant ideas of eastern
speculators failed to bo realized, agents were accused
of frcaud, and the reputation of the whole country
called in question. A loss is mourned in louder tones
than tell a profit, and as, owing to the chaotic state of
aflairs, venture after venture was lost, and men wlio
had been known and trusted from boyhood slipped
from tlio fingers of rectitutle, the world was filled with
complaints of California, and it was thought that goM
and its corrupting influences had so undermined tic
principles of its votaries that the atmosphere! of the
Pacific slope was tainted with moral contagion. How
manv of those men labored true to their trust amidst
the most disheartening reverses, their friends at home
never knew Rushing liither, blind to all before them,
they fouTtd u condition of afl^airs xery dift'erent from
what tliey ha<J anticipated. The mart was crowded
with artiel<H unauited to the nujuirements of the
country, and lacking what it needed most. The mines
did not yield inevitable and immediate wealth, but
severe labor was there rewarded by fluctuating suc-
cess, so that the most faithful to their trust wiiv
sometimes forced to annul contracts and diHa|)}M)iiit
expectation.
CHAPTER XV.
ILLUSTRATIONS OF LIFE AND CHARACTER.
Al mondo mal uon e senza rimedio.
— Sanncaaro.
In newly-settled regions rural siujplicity is rare.
Igntiranco, stupidity, bigotry tluTo may be in abund-
iUH'o, V>ut tbat innocence which arises from isolation,
fn>m the absence of the contaminating influences of
fusil ion, frivolity, falsity, from the arts and humbug
of liigh life, and from the demoralizing tendencies of
social intermixtures, leading to deceit and dissipation,
is seldom ft)und in rural districts recently occupied.
For the harassing cares, the asj)critics, the trials of
ttinpcr attending family migrations, the clearing of a
wilderness, and the planting of a home are not such
as foster single-mindedness, domestic religion, and the
tenderer graces.
As time went by, the moral and social condition of
tlie mining towns greatly improveil. There was an
industrious, orderly, and intelligent population, with
wives and sisters; there were churches, and schools,
and libraries, and newspapers; there were well-filled
shops, and money enough to patronize them, but yet
tliey were far from being like the clean ipiii't villages
of New York or New England. The stoics were
o|>eii on Sunday, and the saloons were better filled
than the churches. The door of the harlot opened
upon the most public thoroughfare, and from within
mi^ht be heard by the passer-by the ribald oath and
oltscene jest, and the chinking of the gambler's che< ks.
<3f.l)
ILLUSTRATIONS OF LIFE AND CHARACTER.
II '!
Houses, streets, and society, and life in general, ap-
peared crude and raw, as indeed they were.
Immigration, though decreasing in numbers, gained
in quality. The character of its composition changed.
Men now came to stay, bringing with them their
families, their lares and penates, and sufficient money
to establish themselves in some industry tending to
the increase of conuncrce, or to the development of
the country. The fitful and irrational passion which
{)rompted earlier innnigration was less indulged in by
ater comers, who sought success where success is
usually found, in permanent plodding rather tiian in
sudden acquirement. There were new avenues of
industry opened, and plains and valleys were orna-
mented with homes, made attractive by cultivation
without and endearments within.
Immiijration was wanted: but not that kind of
immigration which characterized the first settlement
of this country, and of many new countries ; not the
lowest and vilest from the purlieus of cities, nor
gamblers, nor ephemeral speculators; but earnest,
honest, hard-working and law-abiding men and women,
who should comeacrossthe plains with their ox-teams,
their household goods, and their little ones; or cross-
ing the water, should come to plant themselves in a
new soil, and there remain and build up for them-
selves and their posterity a new home. The daN's of
the adventurers were past; in coming they fulfilled
their destiny, acted their part in the great social up-
heavals which, in their coalescing, outlined the config-
urations of future institutions, gave boundaries to
thought, and color and cHmax to ideas; but now tlu ir
work was done, and the slower process of disintegia-
tion and alligation must be accomplished by otlirr
agencies.
Three years had scarcely passed before it was dis-
covered that California possessed charms as powerful
to retain as to attract. It was a proud thing for the
young villager to visit his old home with well-lined
THE RETURNED CALIFORXIAN. ||t
pockets, the admiration of the girls, the envy of his
former companions, and the special object of interest
of the old folks. It was grand and hertuc to be of
California. Tamely to settle in the slow old home
after participating in the glories of gold-digging,
gambling, and free fighting wa.s out of the (|uestion.
Nor were home and friends and occupation to the more
enliglitened from the larger cities, ever again the same
after a residence in San Francisco. Speculation and
conmiercial pursuits after the old fashion oH'erod no
attractions after having made three or four fortunes
with lightning rapidity one after another, though
they were swept away by fire as fast as made. So
gradually the contemplated brief sojourn lengthened
into a fixed residence, the family was sent ft>r, and
tlicn apparently for the first time the husband and
father opened his eyes to the iniquity around him
and went to work in company with wife and daughter
to bring about a better state of things. And this
moral morass was reclaimed almost as speedily as it
was formed. Healthy plants could not grow in a
swamp of festering corruption The question was
simply should the country be reclaimed to virtue or
should vice prevail. And now the easy citizen and
loose moralist becomes a reformer. If the country is
worth making his home in — and do his best he can-
not live away from it — then it is worth purifying and
directing in its young growth. So public gambling
is suppressed, prostitution driven from the more promi-
h' nt thoroughfares, libraries are founded, churches
l>uilt, and schools established; charitable institutions
spring up, and the ocean air, as it passes through the
streets of the city and over the bay, towaril the labor-
ers in the valleys and in the mines, carries with it less
of pollution and blasphemy than formerly ; a long
breatJi of it may now be taken without suffocation.
Enough sudden fortunes were made' enough rich
deposits unlocked, to keep alive the flame of expecta-
tion. Who knows, thought the patient unsuccessful
i
ILLUSTRATIONS OF LIFE AND CHARACTER.
delver but that my turn may come next, and my lifo
be illuminated by the roseate tints of gold, warm
mellow metal, transcendent gold. Take for example
the tunneling operations which in 1854-5 dissected
every hill. Without capital, without means even to
buy bread, four or six or ten men form themselves
into a "ompany and coolly begin a work requiring
years of irbor and thousands of dollars to complete.
Buoyed by faith hi theories of world-building you
hear them talking of ages past as other men talk of
yesterday, reasoning of the time when channels of
rivers wound round the lofty hills, when through a
silent world tenantless streams rolled into a saltless
sea.
Thus strong in faith,hope feeds and clothes the phil-
osophic miner for months and years. He lives and la-
bors, he scarcely knows how. Time passes ; the end
approaches; the last blow is struck; the point is reached
which marks success or failure. Round him who
washes the first i)rospcct-pan on reaching the end of the
shaft or tunnel, agroup gathers breathless with anxiety.
One with furrowed brow, and silver-sprinkled hair, and
features fixed and immobile from care and toil, thinks
of her who with him has started down the limitless
decline, whose days will soon be past brightening
with gold, and whose fate for life with that of others
dear to him, the next five minutes may decide. An-
other, a young sire, forgotten of his children, scours
into a fiery glow the hairy skin above the heart, calls
back his flitting fancy from the heaven of the old
home, and peers into that pan of dirt as into an oracle.
Yet another, little more than boy in years, though old
enough in experience, delicately featured and boarinLf
signs of good breeding, the small hands hardened, and
fingers cramped by crowbar and pickhandle, yet not
so stltf but they can renew by every steamer the story
of unchanged love to her whose image fills his heart,
ah t What means the product of that pan of dirt to
him?
SLAVES AND SLAVEHOLDERS.
3r>5
Less and less become the contents, until at last the
result is known — two ouiicos they think it is, but call
it an ounce, and their fortunes are made. Yet for
ivery one who wins, let it be remembered, ten fail.
And what means failure such as this? It means a
slice (►f life thrown to the dogs, a measure of capabili-
ties emptied upon a dunghill, capal)ilities of enjoying,
(if improving; it means grayer hairs, deeper furrowed
lineaments, and stiH'er limbs, with no results in ac(iui-
sition worth living for. And besides this loss of
time, of hope, of energy, it means bankruptcy, a long
unpaid and unpayable score at the butcher's and a
dozen other like places; it means in the man and all
iiis affairs demoralization, if not Indeed dissipation and
death.
The absence of cant and fanaticism, and the liberalized
views of the people on all subjects saved California
from most of those festering disputations and argu-
iii'-nts to which the question of slavery gave birth in
other states of the confederacy. Here all the world
met as on neutral ground, ignoring bootless argument
(»ii topics foreign to their immediate purp(»se. Ques-
tions of social policy were based for the most part on
utilitarian ])rinciples ; doctrines and dogmas were left
to those who had more leisure to discuss them. While
m;uiy were in favor of the admission of California as a
slave state, the majority were decidedly opposed to it;
yet northerners were not disposed to quarrel with
slaveholders for bringiny: with them their servants,
and permitting them to work for their masters as long
as they pleased. In the mining districts and in the
towns tnere were many slaves, who of course could
leave their masters at any moment, and did in tlie end
leave them, yet for the time and midst the hubbub of
eontonding events they preferred bondage to a sever-
aiiec of old ties.
In this pandemonium plunge, ten centuries of cul-
ture and superstition were flung to the winds. There
were new thoughts, new hearts, new dress, new
IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
I.I
1.25
m
IIIIM
IIIIU
m
1140
2.0
U III 1.6
V
^^
^»
c». .''I^ •;>
Photographic
Sciences
Corporation
?^ WB?T MAIM STREET
WEBSTI-^.N.Y. 14580
(716) 872-4503
A.
;:<?
Sp.
ILLUSTRATIONS OF LIFE AND CHAnACTER.
speech, and new names. Conventionalisms, creeds,
and politics were left at home in coming hither; here
were new conditions for a fresh unfolding. New con-
ventionalities arose, crude and strange, born of the
necessities of the new society; for intellect, volition,
and passion must of necessity develop form and
fashion.
Some trivial circumstance — anything which hap-
pened to strike the fancy of the dominant spirits
anionff his new associates — as likelv as not fastened
upon each new comer an appellation which adliercd
to him through life. Thus the dress of one suggested
the name of Frippery Jim, the complexion of another
that of Black Bill or Red Rover.
Almost ev^ery mining camp had its Yank and Sandy,
its Little Breeches, Pike, Boston, Mississippi, Mis-
souri, Bricktop, and so on, names significant of pecu-
liarity or place. There was no one to vouch for the
truth of the stranger's statements concerning himself.
It was scarcely to be supposed that he would give liis
past character exactly according to the record; and who
knew but that he might also have changed his name ?
"Who are you?" in a tone by no means likely to ])lacc
a timid man at his ease, was the first question.
"Sturgis, Deacon Sturgis, they used to call me in
Connecticut, where I came from." "You a deacon,"
with an ominous step forward, "Hell is full of sucli
deacons 1" Another quick survey for a salient point,
and a sanctimonious air seems predominant, which
together with the report given of the new arrival de-
termines the matter. "This is Pious Pete," and if
the christened one was wise, he would gracefully ac-
cept his new name, and invite all hands to partake of
the new communion.
San Francisco, as well as Athens, had its Diogenes.
Philosopher Pickett was his name. Between Picket t
and his Athenian prototype there existed certain dif-
ferences incident in some measure to differences in
age and country. For example, instead of rolling in
A SAN FRANCISCO DIOGENES.
367
hot sand, and clasping snow-clad statues, the Califor-
iiian philosopher sunned himself on the piazza of liis
hotel, and drank iced juleps. His tub stood in the
lobby of the legislature, where he practised the pro-
fession of connnanding men.
However at heart a cynic, the surface was charm-
inirly bland. So it always was with Californian
philosopliers. Of whatsoever school, the very first
requisite was a free and easy demeanor. This, with
always a readiness to drink at some one else's expense,
and a hajipy faculty of impelling the hands of listeners
into their pockets for the benefit of a bar-room com-
jiany, were qualities in obtaining an ascendency over
tlie mind more fruitful than flagellations, chastity,
})()verty, or any species of antics or asceticism.
(jffice-seekers were not slow to perceive that Phil-
osoplier Pickett was endowed with qualities of great
value to every one except himself It is enough fov
a jthilosophcr to be a philosopher. The moment he
seeks wealth or political preferment the pedestal
crunil)les, and he becomes like other men, earthy.
Once a candidate for a legislative clerkship, noticing
the extended acquaintance and easy influence of the
pliilosopher, determined to approach him. The little
man was courteous, and verj"" free with his half dollars
about bars and billiard-tables. In due time the appli-
(ant for office broached the subject nearest his heart,
and begged the philosopher's influence. Pickett
turned to him in apparent surprise, as if the man's
every movement for the past three days had not dis-
covered his ambition, and straighteninii his slim fiijure
to its full height, fixed upon hmi a pair of glittering
yray eyes, and spake :
" Sir," said he, " I am the last man outside of Plato's
n{)ublic from whom you should solicit aid. Should I
advocate your claim, the meudjcrs would suspect you
lionest; and surely you nmst know that an honest
niiui stands no more chance before a California legis-
lature than a cat in hades without claws." The laa-
.v^,sl.-,,F
if
'V
368
ILLUSTRATIONS OF LIFE AND CHARACTER.
guage of Californian philosophers, it will be observed,
is more forcible than elegant. " If you want office,"
continued Pickett, "cheat at poker, brawl o' nights,
murder a man or two, show your breadth at bribery,
— anything rather than display such weak imperfec-
tions as honor, honesty, and good character. Our
legislators will none of these."
Many a walking romance, many an epic in flaunt-
ingr robes or rags has wandered these hills. Far be-
yond the limits of human habitations, on the top of a
mound surrounded by what was called the Doomed
valley, there once lived a personage known as the Old
Man of the Mountain. No one knew his name, or
who he was, or whence he came. He was absent all
day, no one knew where, returning regularly at night,
and he was never seen to cook or eat anything. The
scattered cooking utensils appeared never to have been
used by him. Finally he vanished as mysteriously as
he had come. How many hermits have walked the
streets of this strange city, and how many hermitages
have there been in unfurnished rooms and boai'ding-
house garrets 1
In common with men true to themselves, the intel-
ligent, the honest, the faithful of every nation,
California became the rendezvous of prize-fighters,
thieves, gamblers, and murderers. Convicts came
over from Australia, bold desperadoes of the order of
Saint Giles, and outlaws from various parts. It was
the paradise of the disgraced, the bankrupt, the de-
faulter, the felon. But happily these were a short-
lived race, and there was enough of a different element
at first to leaven the mass, and finally, in the shape of
vigilance committees, to purify it. Then there were
numberless intermediate and less influential grades,
such as would-be leaders of cliques, who conceived it
their mission to enlighten mankind and exalt them-
selves; exquisites, gentlemen by profession, and by
profession only, whose feathers were speedily plucked
by humbug-haters, who grew apace in the congenial
UNITY IN VARIETY.
369
atmosphere ; the excessively prim and puritanical, who
when they fell never stopped mitil they reached bot-
tom; godless young men, of rich and honorable parent-
age, who preferred the woollen sliirt and unkempt
beard of the miner with immediate independence to
the more sedate and less venturesome life of plodding
ros[)ectability, with the crowning honor of church
dcaconship or bank director to gild its latter days.
Notwithstanding the diversity of character here
displayed, diverse in thought, customs, beliefs and
tongues, there was almost immediately apparent — in
tlie Caucasian portion of the society at least — a re-
markable homogeneity and oneness in adaptation to
the new order of things. Strangers to each other's
faces, to each other's hearts, to each other's idiosyn-
( rasies, come from strange lands into a land strange
to all, and there at once fit themselves to strange and
improvised ways never before heard of by any. The
facility with which the several elements coalesced may
be attributed to two causes. First, although the up-
rising was general and proceeded from nations distant
and diverse, the exodus was one of certain homogene-
ous elements, no less individual and distinct than other
migrations of peoples. Human nature the world over
is framed on one model, and the component parts of
au individual society, though widely scattered origin-
ally, may be collected and fused into recognised metal
wliich shall pass current in all societies. Certain
qualities and classes throughout all the contributing
nations, were alike touched by the knowledge of the
gold discovery, and rose up in answer to one common
impulse. Secondly, being thus brought together obe-
dient to common promptings for the accomplishment,
eacli for himself, of a common object, there was a sympa-
thy of interests and a connnunity of thought and action
never displayed by characteristics and nationalities so
varied and extended since the crusades. The fact is, so-
ciety here was at once so unique and abnormal, that it
was impossible for anyone thrown into it not to con-
• i
I Iff >s
Cal. Int. I'oc. 24
p
870
ILLUSTRATIONS OF LIFE AND CHARACTER.
form in some measure to its demands; and this necessity,
which hes at the foundation of all progressional law,
threw over the moral and physical aspect of the peo-
ple the same general tint. All had C(mie hither t<>
achieve gold; sudden acquisition of enormous weaitli
was the one idea, and all those social fictions which
connnon sense vainly seeks a reason for were thrown
to the winds. High and low, educated antl ignorant,
polished and rude, are all confounded in an all-absorb-
in<>- fraternitv of labor. Under the woolen sh.irt and
grizzled beard the former dandy may scarcely be dis-
tinguished from the blacksmith, or the master from
his man.
How sadly has the world degenerated ! See that
ragged blear-eyed tailor. Twenty years ago he was
a white-shirted, shaved and nmstachioed gambler,
with his monte bank, his mistress, and his mule, all
the gayest of the gay. The songbirds were not
liohter-lieartedthanhe,ashe went home in the mornini;
and turned into bed for a sleep after a successful nigl it
of it. Then how professions have changed and mixetl
themselves up since then. There are mechanics
turned preachers; preachers turned politicians; edi-
tors turned lawyers and lawyers editors; a whilom
bartender now practises medicine, and yonder scrawny-
featured, shaggy-headed individual in Sam Slick cos-
tume takes photographs — very bad ones — in the
mornings, and sits upon the judicial bench dealing-
out justice, too often as blurred as his pictures, in tlie
afternoon. Dram-sellers have become millionaires,
and millionaires and paupers alike have passed down
the dance of death to the time-racket of delirium tre-
mens. Ancient washerwomen are drawn through
the streets in satin-lined carriages by caparisoned
horses, and attended by liveried servants, while these
who have known better days sit pale and sad of heart
sewing from early till late for bread.
Yet, with all their Acherons and rivers of sorrow
rolling over them, conscious always of sowing hero
THE LAND AND THE MEN.
371
liun
the eternal seeds of misery, despair and death ever
gnawing at tlieir heart-strings, tlie unsuccessful ones
carrv a bold, brave front, treating lightly misfortune.
Melpomene's tragic face is wreathed in laughing ivy.
They are not the men to groan over sickness and mis-
fortune. They toil on, bankrupt in everything but
li()])(\ doul)t contending with expectation as the pick,
blow after blow, shiks among the boulders, with no
more thought of giving up than the gambler who
loses a bet. Their life has been a ha [>py -go-lucky
one ; every bh)w they struck was a wager. No won-
der tlicy used to bet at the gaming tables, it being so
iiiucli easier to ofamble thus than to bet a hard dav's
work against the ten dollars that tlu^y would get or
iii>t get. Thus we see how money which comes freely
tVoiii river bank or faro bank would go freely ; we see
Low it was that prodigality would follow so closely
ujion the heels of avarice; we see liow infidelity
springs from Impulse, until only one prayer is left to
tile miner. "Give us, O God, with the appetite, the
ijold to satisfv it.
In a general analysis of character prevailing in
Californian societv in its nascencv, we must not lose
siojit of its composite and heterogenous qualities.
Each individual member of societv was a particle,
independent of and in a manner antagonistic to every
otlier particle. Notwithstanding the general homo-
geiieitv of material, there were antagonisms of inter-
est, of disposition, of morals. Final concretion had
not yet set in. There was then an absence of those
(Tu|ue-formations, political coalescino's, and little society
or\ stalizations which have since become so marked a
fratiire in the connnunitv; and when orixanizations
came, one of the first was a banding of villians for
])inposes of depredathm. Every honest man's mind
was intent upon its own aftairs, and dwelt littl<> on
tlios(^ affecting others or the public weal, except where
s;if('ty or greater gain made closer connnunion neces-
sary. All were strangers to each other; of their past
'
372
ILLUSTRATIONS OF LIFE AND CHARArTER.
lives tliere was no record nor current report ; men of
tastes and habits the most opposite, such as the phil-
osopher and the charlatan, the missionary and mur-
derer, the merchant and the highwayman, were forced
together in one incongruous mass. Nevertheless,
there were traits common to all of them, promhient
among which were extraordinary energy^ and acute-
ness. It was a land of romance, the natural atmo.?-
phere of youth and inexperience, a land devoid of
the dull sameness that overshadowed the lands all had
left behind.
It was curious to see how proud were the success-
ful Californians of the country. The man wlio had
spent but three months here was entitled to the honor
of calling himself a Californian — on returning iiome.
Whatever his opinion of California while there, and
howsoever nmch he had lonjjed for home, once bark
among his friends and words could not express his
admiration for the land and the people. It was tlie
only place fit to live in, the only place where peopli^
knew how to do business, the only place where mcii
filled the ideal of manhood, and as a matter of course
he was going back. In everything Californian lie
took a keen interest. First of all he was proud of
himself for having gone there, proud of the old clothes
and shaggy beard and gold dust which he had brouglit
back, proud that his eyes had been opened so as t(»
take in a view of the world. He regarded with pity
his old comrades who still plodded along at the rate
of a dollar or two a day.
Never since the great Egyptian exodus have tlie
Hebrew ra«e found a soil and society better suited to
their character and taste, better adapted to their pros-
perity and propagation than California. All nations
having come hither, shades of color, of L»elief, pecu-
liarities of physique, of temper and habit were less
distinctly marked. Gold was here, and in common
with the gentiles the Jew loved gold. Foi' the rest,
all
I
THE HOME OF THE ISRAELITE.
373
all he asked was to be let alone, and here that bless-
iiiuf was granted him more fully than in any country
he had ever seen. Gold and golden o[)portuniti('S,
money-making and freedom of thought, speech, and
action, these were here, and these were the Jews'
eartlily paradise.
So Jeshurun waxed fat and kicked. He did not
love work, so he carefully kept out of the mines; but
in every mining town was found his clothing store,
his fruit and trinket shop, his cheap John establish-
ment. And in the cities he built him a synagogue,
ill id warehouses upon the streets devoted to niercjian-
dise, and dwellings in the choicest suburbs. Hotels
and watering-places were filled with his presence;
secret societies felt his influence; but otherwise, save
ill his trafficking, he held aloof from gentile associa-
tions.
Liberalized by environment the Jews cared little
f( )r the tenets of their faith ; many of them forsook
Ood; few closed their shops on a Saturday; some
sacrificed unto new gods; few took to themselves the
daughters of gentiles to wife. Nevertheless they j'et
retained their ancient rites, which proved as bands
holding them in one brotherhood.
True they shared with the Asiatic and the Ameri-
canized Spaniard the antipathy of the dominant race,
with this difference : the antipathy manifested toward
tlic Jew was perpetual and unattended by violent
demonstrations, while repugnance to the Chilean and
Chinaman broke out into occasional bloody encounters.
Ill this inspiring of dislike they excelled all other
lieople ; though they did not seem to take it greatly
to heart, and disliked as evenly and serenely in return,
^[oney was the humanizing bond however; Christian
and Jew loved money.
Here, as elsewhere, they mingled freely with the
pet)ple, more freely, perhaps, than anywhere else since
the days of Abraham, though they mixed with them
as httle as ever. Though crafty and cunning, and
374
ILLUSTRATIONS OF LIFE AND CHARACTER.
oftentimes dishonest in their dealings, they were not
more so than otlier men, and they usually manajjjod
to escape detection and punishment. Seldom a Jew
was seen in jail, or in a mob, or intoxicated, tliough
upon the slightest pretext many of them would fail in
business, and compromise with their creditors.
Like the Chinese, they lived and accumulated
wealth where more lax or lavish gontil !S starved.
This was to their honor, and to the shame of the
spendthrifts. Often in early times in mhiing districts,
for«jettini; their fathers and their fathers' faith, thev
drank, and gambled, and raced horses, and swore, and
frequented houses of prostitution. Then they were
fine fellows, and the noble American miner voted tlie
Jew as good as the white man. Then the finger of
scorn was removed, and ostracism no longer talked of
in the charmed circles of commerce.
The Pike county man — which term was finally ap-
plied indiscriminately to emigrants from the wi!stoni
states — could not mingle with the mixed po[>ulation
of California without becoming in some degree tonod
down: tlie angles of the New Englander were in like
manner rounded ; even the Jew, eschewing old clotlies,
was often less mercenary than his neighbor, and at-
tained a fair degree of manhood. Indeed, there are
many Jews in California to-day who are far above tlie
average American or European in liberality and higli-
minded public spirit. But notwithstanding the tincture
given to society by the Englishman, the Frenchman,
the German, Irish, Scotch, Swiss, Spaniard, Italian,
and even the Chinaman, the Anglo-American has
ever been the dominant mind. An intermixture of
European, Asiatic, and African elements alone never
would have made a Califomian. It may have been a
staid English colony like Australia, or the field of
unprogressive fiery revolutions, like Spanish America,
but it never would have experienced that season of
speculative energy which has driven it so swiftly on-
ward. The European is sedate, conservative, method-
m
ABSENCE OF (JOVEllXMEN'T.
:iT5
ical, plodding, and contented ; the Anijjlo- American is
versatile, venturesome, cuiming, dissatisfied, and cap-
tious,
California, naturally, with her sudden and wonder-
ful appeariniLj, demanded innnediate recognition from
tlio United States government as a full-fledged
state. Was it not right and proper that she should
bo so recognized, and that the mantle of })rotection
and the benefit of law should be extended over her?
And 3'et, month after month of the year of l(S4t),
she waited, now buoyant with hope, now sunk
in despair, wondering if ever the time would come
wlien party bickerings on the eastern side of the
llocky Mountains would give place to the inter-
ests of the people. A most anomalous position was
that in which the inhabitants of California found
themselves. They were part of a great nation, ar.d
yet were without government ; a country rich in min-
eral and agricultural wealth was theirs, but they had
only a limited control of it. Regulations for the ex-
traction of its treasures were wanting. Titles to ag-
ricultural lands, which nmst be in^proved at the set-
tlers* risk or not at all, were also wanting, and the
national congress had failed to provide them.
By transient visitors, and writers on California,
nmeli more was said than was ever understood of
the peculiarities of Californian society. As a rule phil-
osopliers and wise men coming hither can learn fully
as much as they can teach. Though they can tell us
many things we do not know, we can tell them many
things we know, as well as many things we do not
know, things they never met or are likely to meet
elsewhere. The appearance which California pre-
sented to them, with frequent exaggerations and
epithets denouncing all, was early heralded b}- hare-
brained writers in the various languages, and Califor-
nia made to appear in the most diabolical light, giving
this as the normal state of American society.
There were always present alarmists and croakers
ii
i
<| ■;
H
A 1-
m
ii
^ffKBii
i-'/ltBHffl'M
> '■'■■ 1
. 'iln
1
876
ILLUSTIIATIONS OF UFE AND CTIARACTER.
enough, who saw nothing but disastrous torniinatlons
of a social organization begun on such a low and sor-
did basis; who were always pointing to haunts of li-
centiousness, to drinkinjr and gambling saloons, to
ballot-box stuffing, public debt, political wickedness,
and vigilance conunittees, to police reports and all the
dismal paraphernalia of vice, as if these were Califor-
nia and the basis of Californian society.
Thus it was thai, for a quarter of a century in
foreign parts and on our eastern seaboard, California
was but inji)erfectly understood. After all the toning
down and polishing up which society was destined
here to undergo, in the minds of the distant nmltitude
we were still the same lawless, godless crew that
enacted the Inferno of 1849. And we asked how
louix we were to suffer the stijjjma and lie under the
cloud ; how long our elastic eneri^ies must tuni and
overturn before our foreign friends could see us as we
were ? We asked the question in the fifties and received
our answer in the eighties. In this continued mi.scon
ception of our character we may, however, more fully
recognize how deep was the impression made by the
discovery of gold. Roused to its remotest corners by
the mill-race diggers* shout, the world in one glance
fixed in its stolid brain the shocking nightmare that
followed, a i there the impression remained. And in
truth enough even now remains of the old sulphuric
smells and pitchy infirmities to modify somewhat our
pride ; but in that great day when our friends across
the Atlantic and across the Pacific shall have madi^
white all their robes, even as those of the daughters
of -zEger and Rana, may not the children of pioneers,
and the survivors of the early pandemonium hope to
have achieved in their eyes a change of raiment?
We have much to say of life in California ; not so
much of death ; and yet all Californians die. In early
times rum, exposure, and disease not being sufficient,
they all used to carry revolvers to kill each other
with. Ask them why they carried the man-killing
A COMMUNITY OF rLAfK-IlUNTERS.
^71
iniplenuMits, aiul tlioy would say to <l(f('ii(l tlicir lives.
Y"t ill n-ality the anna which the miners displayetl on
all occasions for protection, impliedly from their com-
panions, only invited attack and added to tluir danger.
Though they thou<;ht, that like the belt of Thor, the
Scanilinavian war-god, these implements doubled
their strenjjfth whenever they put them on, in reality
they were weakened by them to that same dej^ree.
They could die pretty well, die coolly, die with their
hoots on, as they called violent death, but theirs was
not the coolness of wisdom and philoso])hy. Theirs
was not the death of Socrates, for example. "Crito,"
he said, as the circle of the subtle })oison narrowed
slt)wly round his heart, "Crito, I ov/e a cock to Aa-
dopius; will you remember to pay the debt?" "The
debt shall be paid," said Crito; "is there ajjything
else ?" And so he died, the- ' being his hijt words.
There was a class of young mea who came to Cali-
fornia in those days, by no means a small one, that
commanded our special sympathy. They were mostly
from schools and colleges, of fine abilities and hiii^h
l)romise, well read, and many of them leaving pleasant
homes and affectionate friends. Possessing a high-
strung, delicate organization, their young ambition big
with enthusiasm, they came hither with mhids half
formed, and with vague ideas as to their future. They
only knew that here of all places in the world was
their opportunity; that in this arena there was for
every man a career, and distincticm to him who had
the nerve to win it. They felt in themselves the com-
pressed energy of youth, the smothered fire of yearn-
ing aspiration. Lured by golden hopes, they joined
tlie El Dorado argonauts and came to California. On
reaching San Francisco, they found thousands of
others, who, like themselves, had landed without
]iionoy and without friends, and were looking for
something to do. The professions were over-crowded,
and all the avenues of trade thronired.
'., 't
11'' V
378
ILLUSTRATIONS OP LIFE AND CHARACTER.
One of these waifs would start out in the mominor
and \^isit all the law offices ; then he would hang
around the courts and public offices ; or he would go
from shop to shop begging a situation. Only give
him something to do, something on which to feed the
fire (jf his ambition, and no matter how hard the
work or how small the pay he would gladly under-
take it. Give him a trial ; he was apt and honest,
and he must soon have work or starve. Day after
day, from morning till night, and every day for weeks
and months, with heart in his throat, and big shame-
faced tears now and then slipping out from under his
eye-lashes, his very soul sinking within him, he would
make his mournful rounds. All was life and bustle,
and merry money-making; fortune's favorites jostled
him as they hurried past ; only he with stifled long-
ings was doomed to walk the streets like a beggar
and an outcast. Yet not alone, for there were hun-
dreds of others like him, every steamer emptying out a
fresh supply, and the merchants could not furnish places
for twenty applicants a day. Often a hundred of
these sad earnest faces might have been seen stand-
ing at one time, at seven o'clock in the morning, be-
fore a store waiting for the door to open in order to
answer an advertisement for a bookkeeper. At
length heart-sick and disgusted they would scatter
off, some finally to do the work of porter or day-
laborer, or to drive a cart or milk- wagon, or to work
on a farm ; others, and by far the larger number, go-
ing to the mines. There the wanderer, standing in
the cold running snow-stream of the Sierra, working
in the river-beds or on the canon-side until his limbs
are immb and sharp rheumatic pains shoot througli
his shoulders, at night tossing in sleepless unrest on
his hard bed, or gazing in heartful self-pity on the
stars thinking of home, with crushed enthusiasm frets
his days and nights away, at morning wishing it were
night and a j night wishing the morning were come,
brooding over his lost estate and the unrev/ardcil
EVER-FLITTING FORTUNP-
W^
drudgery which has befallen him, over visions of
departed promise that rose so flush in his youth-
ful manhoixl, now all fled, leaving him but the one
hope of final rest. So time slowly drags along,
while fortune flits before. Talk to the unfortu-
nate of bearing up, of the folly of despair, of the
greater difficulties conquered by the heroic struggles
of others, and he will point you to years of unrequited
toil, to the bright yellow ignis fatutis that ever eludes
his grasp, to the many times when undismayed he rose
after a fall, and applied himself with new energy to
new tasks, until bruised in heart and bleeding he can
rise no more. He asks not your sympathy ; for his
failure he makes no defence ; he will never return to
his friends humiliated; leave him alone to die!
It is sad to see dead hope entombed in a sound
body, to see the vigorous mind cramped as in a cruel
prison-house, and the guide of young manhood brought
low. To him who was thrown upon himself in youth,
and accustomed to the rough cares of life, it makes
little difference where or how his lot is cast. If he
cannot be cook he can be scullion, line his stomach
with satisfying kitchen grease and be happy. But
with those who have been carefully guarded in their
youth it is not so. Crush the enthusiasm in an am-
bitious sensitive heart, put out the fire that drives
tlic machinery, and you may bury what is left. Work
is not the well-bred vounoj man's misfortune; with an
object he will work his fingers to the bone, he will
work his brain until the veins on his hot forehead
swell almost to bursting ; he will leave behind him
dead half a score of your mechanical drudges at
Work. Poverty is not his misfortune; to be well
housed, well fed, and well clothed are trifles to him
who has a purpose in hand. His misfortune is to
have his intuitions stifltxl, his talents choked, his
mind withered for want of development; this it is that
makes him sour and misanthropic, all worth living
for, growth, development, culture, an intellectual life,
m
m
II
I
^^1
ILLUSTRATIONS OF LIFE AND CHARACTER.
a nobler manhood, or the hope of attaining these,
forever lost. Perhaps it would be well for such a
one to ask himself if it were not possible to find hap-
piness in something short of the full realization of
his original plans.
Success often springs from failure ; at all events, it
lies in the discipline wrought by noble efforts rather
than in the end of wealth and luxury. Many a heart-
sick wretch in San Francisco has wandered over these
sand-hills, out around by the Presidio hills to the
Golden Gate bluffs and the ocean, and there gazing
forth on the broad waters, or watching the tumbling
waves come in and break in silvery surf at his feet,
thought of the dead past, of blasted hopes, and a
black future; thought in self-pitying woe of home and
the loved ones there; thought of the great gulf of
separation here, and the dismal blank of the hereafter.
" Why, O God ! why is it?" he would ask. " Dost thou
delight in breeding men to misery f
CHAPTER XVI.
AMONG THE MINERS.
Mensura juris vis erat.
— Lucan.
The miners of the flush times, their characteristics
and quality, their idiosyncrasies and temper, are as
far beyond description as the wind and weather of
CaUfornia, where the twenty sides of twenty thousand
lulls, and the twenty turns of twenty thousand ravines
have each an individual climate. Twenty life-times
might be spent and twenty volumes written before the
story of one mining-camp in all its ramifications could
bo told. The story of one mining-camp was the story
of mankind; and to follow it after death was the
story of the gods.
Each man of them should be enriched with heaped-
up grains of gold brought down by the streams of the
Sierra, as Croesus was enriched by the golden sands of
l^actolus.
Soon many of the camps could boast their church
and schoolhouse, and temperance hotel, and express
office atid bank; the scattering huts and cabins, and
sj)lit-board one and two-story houses, and squares
of shabby shanties, with a block or two edged on one
side with red brick or rough stone stores, all cluster-
ing beside swift-running streams, and the now stumpy
hillsides, and taking on the dignity of town.
As out of rough stones a smooth even wall is made,
so from these sometime uncouth characters, these
hairy and woollen-shirted men, were formed staid
(381)
,1;: ii
882 AMONG THE MINERS.
communities, with happy liomos and virtuous environ-
ment.
Their reading was mostly of tlie English Reynolds
type, and the Frencli Faublas' Lia'mms danfjereuses
order, "wliere," as Lamartine says, "vice parodied
virtue, and riotous liberty, love." Their books were
not always as full of charming villainy even as Rous-
seau's Confessions,
Alexander the Great, manslayer, was a small man;
Alexander Small, miner, was a great man. Anyone
with men enough could conquer any nation or kill any
number ; it requires no quality of greatness to do this,
and surely no one but a fool would drink himself to
death ; but I do not know that any great man pre-
tends to deny that he is a fool. On the other hand,
he who accomplishes nmch with little; he who can
deny himself, rule himself, is greater than he who can
only riile others. Alexander the Great had ambition
of which no medicine on earth could physic him; but
force was greater than ambition, greater than all glory
and all gods. Alexander the Great, dram-drinker,
man-killer, and gambler in ordinary to his Satanic
majesty, the world has known these two or three
thousand years; Alexander Small, gold-digger to tlie
gods, and the greater of the two, the world has never
known at all.
Many great men have been underrated during tluir
lives, many small men have been overrated; many
small in some things and great in others have been
rated small or great in everything. Ralston,* as the
California bank's president, sitting behind other men's
millions, was great, as Crcesus was great; Ralston, ;i
week later, dead, self-drowned, out of all his troubles,
was a small man indeed.
Evil results sometimes flow from good qualities ;
some are generous because they are weak, and some
are weak because they are generous. The sweep-
ing winds of passion palsj- the heart, jaundice the eye,
and dry of its freshness all the gentler qualities of
GLADDENING GOLD.
383
their nature. Sometimes it became necessary for
every member of the community to watch every other
member, lest by some evil act the gods would be of-
fended and send down vengeance on all.
Nevertheless, out about this wilderness, among
comrades, partners as tliey frequently called eacli
other, in times of sickness and death there were deeds
performed such as hew mountains into statues in honor
of the dbers, while sea and solemn pines unite to sing
tlicir praises. And grotesque as niiglit be the miner's
burial as all knelt round the grave, old-time habit and
the liberal potations drank in honor of the departed,
aiding their genuflexions, there was as much heart as
iu l)rass bands or priestly palaverings.
Thousands tliere were who came and saw, but did
not conquer. Coming for wool they went homo shorn,
l^et the clouds write in dismal sliadows on the red
earth now abandoned of this swarthy society — fiiiniKS,
we have been 1 Complaint was of no avail ; roast
beef, plum pudding, and chanqiagne were not with
tliem in reason. Verily, it seemed if ever in this
bustling, breathing world times were out of joint, it
was these Californian times of 184D. Wickedness
prospered; virtue and merit appeared to be the ene-
mies rather tlian the friends of fortune.
Many a sparkling mountain stream has proved to
many a lusty digger an Acheron, a river of sorrow.
Ifis destiny had seemed to him as surely predeter-
mined as was that of Achilles, foretold by his goddess
mother. Stay at home and a long life of inglorious
ease crowned by wealth and progeny awaited liini ; go.
and a glorious death should swiftly follow a career of
victory.
And now, round his bronzed visage, coarsely streaked
with corroding care, hung grizzled locks wildly matted
as by the heavy pressure of inexorable environment
u[)()n the brain. Under the Sierra's feet is gold
enough for others but none for me. Bushels of it from
all parts pile themselves up at the metropolis, and
I
1
384
AMONG THE MINERS.
thence is scattered to every quarter. Sent to the east,
sent to the west, sent to Europe, to Asia, there to
gladden thousands, why should not some of it gladden
me by gladdening mine? There is gold enough for
others but none for me. I have drank of Acheron,
let me now drink of Lethe. My past let me consign
to oblivion, and regenerate once more take my place
among the honorable of the earth. Brinij forth the
• • • t • A
divining-rod, the witch-hazel of the epidemic demono-
pathy, and let its subtleties become so clearly percep-
tible to the sublimated brain of the bearer, that the
arch-witch gold may be found, aye, gold I aye, gold 1
Hundreds went mad. Lunatics roamed the streets
at large ; indeed, it sometimes seemed as if all were
lunatics. Horrible is the disordered laugh of mad-
men and fiends ; and so is the hollow mournful mirth
of rioting starvelings, making dismal with their half-
ghostly orgies the lonely canon. But they were not
all as insane as they seenied. Should any object dear
to them be laid in their pathway, they would turn
aside the evil influences of their avarice or morality, as
Ulysses, who affected madness to escape the Trojan
campaign, turned aside his plough when the infant
Telemachus was laid in the furrow.
Prostrate in blank despair, oblivious from drink, or
battling undismayed, the life struggle still continues.
Walk round the arena, pass by the fortunate — they
are the exceptions, and can care for themselves — but
glance at some who have fallen. The old white-whis-
kered bell-boy who answers your summons at the
hotel was once a wholesale grocer, with a business of
six millions a j'^ear ; that waiter in the restaurant was
6nce colonel in the Austrian service ; an aide-de-camp
to Larmorcier hires himself to a paper-hanger; there
is a doctor driving a dtay, here a graduate of Trinity
college, Dublin, tending bar, and so on.
As the development of the country increased its
classical abnormities, with some of its greatest channs
diminished, and with the glamour of unreality origin-
ONE OF SINCLAIR'S FANEGAS.
385
ally thrown over all removed, pioneers began to look
back upon it as a dream.
Time rolls on, and between the river banks and
wooded hills smile little garden spots, enclosing
neat white cottages, to which distance lends the flavor
of the old-time home, where wives so long and anx-
iously waited the return of their rough darlings. And
here they are still, far from the land of their birth,
youth's hopes perished, hastening to untimely graves.
Hatefully shines the new-minted metal, the price of
conscience, of love, the reward of life's failure 1
Slumber now is wooed not by the soft low tones of
wife and children; the care-heated brain is soothed
not by the magic touch of fairy fingers, nor is the
roused heart calmed by the uplifting and out-going
influences of family prayer and praise. Mingled with
the coyote's howl comes the sound of revelry from the
adjacent camp, while the panting river and the sigh-
ing wood sing their lonely lullaby.
And to the man of merchandise in the busy city's
marts arise visions of home, of the native village, of
friends beloved, of childhood scenes ; rocks, hills, and
wood; meadow, orchard, and the clear running stream;
garden and barn; pets and playmates, — these, and a
thousand like things, haunt them in their leisure hours,
intrude themselves during the hot perplexities of busi-
ness, and mingle with their midnight dreams. Time
was when there were hours, blessed hours, uncursed
by any burning desire.
Carelessly standing in one corner of Sinclair's house,
in the autumn of 1848, half covered by the old lumber
wliich had been thrown upon it, was a fanega measure
full of gold, all but half an inch. Now a fanega holds
a bushel and a half. One day came along Patrick
McChristian, happy in charitable peace with the
world, being himself in those days a prince among
the diggers, for his pockets were always stuffed with
his several thousands.
Cal. Int. Poc. 25
386-
AMONO THE MINERS.
"What ye got there?" demanded Pat, as his sharp
eye caught the glorious color beneath the rubbisli.
" O, nothing much," Sinclair replied, "my men brought
it in." "Ain't ye afraid somebody will steal it ? " asked
Pat, as he threw off the articles that covered it, and
took a long and deep look into it. " I don't lie awake
nights about it," Sinclair said. "You may have it,
Pat, if you will carry it away ; yes, if you will lift it
but three inches from the ground." Sinclair was a
man of his word, but McChristian knew well enough
the feat to be impossible. Nevertheless, he could not
resist the temptation of plunging his hands into it, of
stirring it up and smoothing it down, and finally, just
for the fun of it, of taking a tug at it. "Only three
inches from the ground," again Sinclair quietly re-
marked, "and it is yours, so help me."
Pat lifted, straining himself into seriousness, strain-
ing until he saw sky-rockets and shooting stars. It
was of no use. The measure clave to the ground as
if riveted there. It would not leave it a hair's
breadth, and Pat was obliged to go forth and content
himself with increasing his fortune by slower degrees.
The quality of their fellowship was rare indeed.
Not more singular and hearty in verse was the wel-
come Horace gave Lucius Varius, his friend and
fellow-student at Athens, and the fellow-soldiers at
Philippi, than that given in reality by these rough
digging men to a returned comrade.
" Pour till it touch the shining goblet's rim,
Care-drowning inasaic; let rich ointments flow
From amplest concha I No measure we shall know I
What 1 shall we wreaths of oozy parsley trim
Or simple mjrrtle T Whom will Venus send
To rule our revel? Wild my draught shall be
As Thracian Bacchanals', for 'tis sweet to me
To lose my wits, when I regain my friend."
Under the shaggy uncombed locks were finely
tempered brains puzzling over the body's destiny;
and beneath gray woolen shirts were hearts, some
large some small, beating to the measures now of
celestial songs and now of Abaddon's wing-flaps.
THE GOLDOMETER SUPERSTITION.
387
Behold the bummer I An unlearned man of modest
bearing, but fathomless cheek. Or if he be a legal
or political bummer we call him brick. He, too, may
sicken you with nauseathig words, or be as quarrel-
some, indolent, insolent, vicious, gambling, drink-
ing, fighting, and dandified as any member of the
Macaroni club that cursed Vauxhall gardens. This
man never did a day's work hi his life, never did a
useful thing, never earned an honest dollar, never
drew an honest breath. What he eats is not his own ;
his own flesh and blood does not belong to him.
And when invited to partake, such invitation being
the ever-present hope and aim of earthly existence,
he takes from his mouth his tobacco quid, as the ser
pent vomits its venom before drinkmg for fear of
poisoning itself.
The godless miners were not more free from super-
stition than papist or puritan fanatic. Once a Texan
charlatan, a tall, broad-shouldered, sallow-faced, livid-
looking fellow, Fletcher by name, dropped down on
Murphy's, and the worldly wise and cunning of that
camp were caught as easily as mediajval Christians.
Ho professed to have discovered or invented a gold-
onietcr which would direct the possessor unfailingly
to gold deposits, and enable him to trace unerringly
tlie precious vein through all its dips and curves and
angles, backing his statement by an offer to bet one
hundred dollars that in ten minutes he would find a
purse of gold hidden within the limits of an acre of
ground. No one cared to waste time over such
trifling ; surely he should know of what he was talk-
ing; show them where the undug gold lay, and he
should have his pay. Every man there had indulged
in some little pet necromancy of his own conjuring
which had cost far more than this ; they could but
lose. And so the Texan wizard bled them. Taking
his magical instrument, which consisted of a metal-
ninunted wooden pointer split at one end so as to take
in the man's waist, he proceeded to the diggings be-
"j| '.IP.'i
» H
AMONG THE MmKRS.
yond the town, followed by a concourse of eager ex-
pectants. Arrived on the spot, after certain incanta-
tory preliminaries which would have put to blush a
Kadiak Shaman, he began to grope about as if in
darkness, then suddenly starting up he struck out a
zigzag course as if following a vein. Round the sjmr
of the hill and down the opposite slope, over claims
and through gardens the talisman-directed Texan
went, while the crowd rushed for pick and shovel
with which to mark out the line and unearth tlie
treasure. Down they went, digging with a will, five,
ten, fifteen feet, and no vein was struck. Deeper said
the sa^e, and a crevice twenty-five feet in deptii,
whi^h let the sunlight strike subterranean waters, was
opened without result. A sense of swindle began to
steal over those diggers and tliey went for the Texan
ffoldometer man. But the end was not yet. Select-
mg one from their number he seated him on an empty
whiskey keg, and began to mesmerize him and breathe
into him the spirit of prf)phecy. Shortly the spirit-
ualized miner began to talk, and he informed his eager
listeners that gold was surely there, but that it lay ten
feet deeper than they had yet dug. Satisfied by tliis
voice from another world, they continued their work,
but now with much greater difficulty, for besides be-
ing obliged to hoist their dirt they must pump out the
water which constantly flowed in upon them, so tliat
before they had reached the required depth the
Texan had ample time to make his escape.
It was in the winter of 1849-50. Two men whose
claims had yielded, every working-day during tlie
winter not less than $140, and from that to $320,
abandoned it early in the spring in order to hunt f<»r
something better. After a dangerous and fatiguing
tramp over the yet covered snow-ridges, spending sev-
eral months turning the channel of a stream which
yielded nothing, they turned their faces backward and
entered the nearest mining camp, without a dollar, and
with nothing that would buy bread, unless it was a
WORTH AND WORTHLESSNESS.
389
double-barrel sbot gun. The weapon was worth fifty
dollars, but no one would buy it ; the traders had
stacks of old guns, which they could not dispose of,
ai»d no one just then happened to want such an arti-
cle. Their case was becoming desperate ; night was
coming on, and the empty stomachs called loudly for
food. Taking the gun in his hand, one of them stepped
up before a store and called out, "Who'll give me five
dollars for this gun?" One smiled, another shook his
head, no one wanted it. At length the store-keeper
reached out his hand and said, " Let me look at it."
After examining it, said he, " I'll play you five dollars
worth of pork against the gun." ** Agreed," replied
the impecunious miner. The miner won. "Now I'll
play you five dollars worth of flour against the gun."
The miner agreed, played, and won again. This was
too much for the speculative proclivities of the crowd,
and one of the lookers-on immediately bantered the
lucky owner of the gun to play him five dollars in
money against it, which was promptly accepted and
Wf)n. "Now boys," said the miner, again holding up
the gun, "I've made a raise; that let's me out; any
of } u can have the gun that wants it." Of course
no one took it, and the miner then rising and picking
ii]) his pork, flour, money, and the gun he could not
sell, but which had, nevertheless, served him a most
fortunate turn, joined his comrade, when the two
hastened to satisfy their hunger.
Some appeared blindly to stumble from one piece of
good fortune upon another. A nasal-voiced New
Englander in 1849, thought he would try California
in a small way for a short time. So buying a ticket
for $395, he sailed lazily down into the tropics and
crossed the Isthmus. That, however, was a dull busi-
ness ; besides he was making nothing. Arrived at
Panamd, he scratched his head, went to bed, and rose
ill the morning and rubbed his eyes. Then he went
out and sold the remainder of his ticket which yps to
I' 'II
1'
;!N
300
AMONG THE MINERS.
carry him to San Francisco for $700, hired himself as
butcher to the steward of the banie steamer for ^ 1 00
the passage, bought a pick in San Francisco, and fol-
lowed the crowd to the mines, turned up gold the first
blow he struck, took out $9,000 in the course of a
few days, sold his claim for $2,000, and returned
home to marry Hannah and set his traps for a
deaconship.
Probably there never existed a community more
prodigal in their generosity, and more munificent in
their charities than the fortune-hunters of California.
It is nothing new, it is nothing paradoxical, to sec
lavish expenditures attending successful ventures ; and
often it is that the more men risk for money the freer
they will spend it. With Spanish conquerors human
life was held in low esteem as compared with gold,
which once obtained was flung about as a thing of
little value. Winning gold with sword, shovel, or
cards, does not breed economy.
Few camps at the first were without their quarrel-
some cut-throats, who, like Achilles, preferred an
early death with glory to a long and quiet fameless
life. It was the assassin's paradise. In the faces of
some were painted the colors of debauchery. Rude-
ness was their rule of courtesy.
The sun contains neither gold, silver, tin, lead, nor
mercury, and yet the lusty diggers loved the sun.
They slept on the gently sloping hill-side, or down in
the dry beds of the rivers, roofed only by the timbered
banks, and lighted only by the dim cathedral light of
the stars,- which slid their rays through the rents in
the foliage overhead. Chaste as Diana, the yellow
metal seemed to possess her power, and turn intrud-
ing Acteons into stags. Boys still in feeling, their
locks began to silver, and soon they were old men.
As regards gold, for which these men had come so
far, and toiled so hard, and sacrificed so much ; gold,
for which loved ones far away were even now sutler-
LEGEND OF NEGRO lULL.
301
ing, waiting with fond and faithful expectation the
wanderer's return, surely every grain of it should bu
dearer than his life's blood to the finder, and hoarded
as miser never yet hoarded wealth. Let us see. Says
tlie alealde of Monterey: 'My man Bt)b, who is of
Irish extraction, and wlio has been in the niinis about
two months, returned to Monterey four weeks since,
bringing with him over two thousand dollars as the
proceeds of his labor. Bob, while in my employ, re-
quired me to pay him every Saturday night in gt>ld,
which he put into a little leather bag, and sewed into
the lining of his coat, after taking out just twelve and
a lialf cents, his weekly allowance for tobacco. But
now ho took rooms, and began to branch out; he had
the Lv;st horses, the richest viands, and the choicest
wines in the ])lace. He never drank himself, but it
filled him with delight to brim the sparkling goblet
for others. I met Bob to-day and asked him how he
got on. 'O, very well,' he replied, 'but I am off
again for the mines.* 'How is that. Bob? You
brought down with you over $2,000 ; I hope you have
not spent all that ; you used to be very saving — twelve
and a half cents a week for tobacco, and the rest you
sewed into the Hning of your coat.* 'O, yes,' reimed
Bob, * and I have got that money yet ; I worked hard
for it, and the devil can't get it away, but the $2,000
came asily by good luck, and has gone as asily as it
came.'"
A negro, finding himself adrift in the gold-land,
thought to lay in a store, so striking out with the rest,
lie began at once to realize his hopes. He had not long
been at work when a rusty miner, bristling with bowie-
knives and revolvers, came down u[K)n liuu.
"Hello, you black scoundrel, what are you doing
in niy claim ? **
"Beg pardon, massa; didn't know dis yore claim.'*
Glad to get away with his black skin unpunctured,
ho next essayed an empty hole at the foot of the hill,
,r 1
i
392
AMONG THE MINERS.
but no sooner was he fairly at work when he was
greeted with :
"Get out of there, you infemel nigger, or I'll blow
your head off I"
" Good Lord, massa, is dis yore hole ? Where, then,
shall I dig?"
'*Go up on top of the hill and dig, and bo damned,"
was the reply.
The negro went, not dreaming that he had been
directed thither as the most unlikely place to find
gold in the whole district. Nevertheless, he sunk a
shaft, at the bottom of which he found gold, which he
took out to the value of $4,000. The place was named
Negro hill, and prov-ed to be the richest diggings in
all that region.
Labor was the only honorable occupation, and labor
was essential to manhood. He who did not work was
a social bastard, and a shirk. Lodging-liouscs in
early times consisted of a shanty, with walls lined
with standing berths, having coarse beds always ready
made, so that the proprietor had little else to do than
to sit on a stool and take the money. A mincer once
havivig occasion to occupy such a bed in San Francisco
seemed troubled in mind as he weighed out the dust,
and finally broke out with :
"Say, stranger, do you just sit thar and take a dol-
lar from every man that sleeps on them beds?"
"Yes, that's my business," replied the keeper.
"Then," said the troubled miner, slowly, as if talk-
ing to himself, "its a daumed mean way to make a
living, that's all I've got to say about it."
See that fortnightly steamer, proudly furrowing her
way through the great deep from Pananul to San
Francisco I To the scattered inhabitants of tliis vast
Pacific slope she brings intelligence from the old busy
east. Here is money and merchandise; here ])r(>fit
and losses; here germs of fortune and seeds of bank-
ruptcy. This, however, is not all. This ocean-
Th
and ui
disgrat
iiidu](>(
"lie loij
^V(To ti
tirs.
THEORY OF EXTRAVAGANCE
393
,aoi-
plougher, a thing of life, comes freighted with high
tlestiny. Laden with how many tons of joy and sor-
row comes she ? How many bundles of love and hate
brings she ? How many thousands of little packets of
happiness and misery are to be distributed from the
mass of mail-sacks in her hold ?
Many were the men coming from the mines with
their little bag of hard-earned gold-dust, just enough
to carry them home, and perhaps a little more, who
f(^ll victims to the glight-of-hand sharks of Long
Wharf. It is strange that so many simple ones with
beards and brawny arms and wrinkled faces should be
found among those who had spent a year or more in
the country. It certainly speaks well for their asso-
ciates in the mines; but most of the weather-beaten
innocents were western men who came across the
plains and had never seen New York, San Francisco,
or any other large city, and the professionals of Long
Wharf were adepts, and very shrewd. Numberless
were the complaints of these old infants before the re-
corder, of having been inveigled under some pretext
into a low den, and there robbed, or induced to bet on
some sure thing. The cappers for these houses could
put their hands upon their victim among a thousand ;
usually in some way they professed friendship for
the countryman, and gained his confidence — he was
from the same state, was likewise going home, was
just about to procure his ticket, would show his friend
tlie way, stopping, accidentally of course, at the house
of his thieving associates.
muB
her
San
vast
Ibusy
i)rot\t
)anl<-
Iceau-
Tlus in the mines were elements instinct with riot
and unrest, while in the cities immbcrloas were the
(lisj^raceful bankruptcies attributable to foppery and the
inilulgenco of the palate. Such as these, enn)tying at
one long draught the Circe-prottered cup, straightway
^\ (Tc turned to swine, retaining yet their human facul-
ties. To some it seemed as if a ]>remium was laid on
indulgence and extravagance. Fires were sweeping
i'^i
894
AMONG THE MINERS.
away cities and their contents ; floods spread periodic
desolation over the land, mining and business ventures
were like staking money — or what was worse, time,
sinew, health^jnly from the falling of the dice, and
from that which a man spent could he expect to re-
ceive benefit.
Every mining-camp had its Anacreon, its jovial and
musical toper, who drank and sang in praise of wine
and love. Every camp had its ruling spirits, careless
of the morrow if only they might by the magic of
their gold, ardently spiritualized by drink, be perfectly
happy for to-day. They were as wild in their beliefs
and theories of gold-deposits as was Samuel Lover's
fairy-finder. Darby Kelleher, who threatened to make
mincemeat of little drunken Doctor MacFinn, whom
he mistook for a Leprehaun, if he did not straightway
fill his chest with gold.
It was a matter of no small pride to go back home
successful, and thousands remained and died rather
than be seen by their friends as poor as when they
went away. "Home or the mines I" was the watch-
word of more than one gambling venture. There was
an Englishman who, having secured a bag of gold-dust,
the result of a summer's work in the mines, reached
anchorage at Liverpool with Lis treasure in safety;
but on going ashore, the gang-plank gave way, and
he wa.^, precipitated into the water. To save himself
he dropped his bag of gold, and was never able to re-
cover it. Happening to have about him just enougli
to pay his fare to California, he immediately purchased
a ticket, and returned to the mines without ever once
casting eyes on his old home, or grasping his friends
by the hand.
But the lucky ones I How forever after by all the
villagers they were held in reputation as the bravest
and wi^^est of men, even as was Haddad Ben Ahab,
who journeyed to the wall of the earth's end, and
from its top gazed on the mysteries beyond. Yet
there were some who, after a weary search for great
SMALL AND GREAT.
"m
things, returned to their homes, only to find their des-
tiny in village labor, their fathers at first seeming in
tlieir eyes old-fashioned, fossilized, non-progressive
men of la vieille roche.
The stories told by returned Californians were to
their hearers fabulous ; and they were, indeed, too often
as little worthy of literal belief as the wonders Rabelais
narrated concerning his hero — how seventeen thousand
cows and more scarcely supplied the babe with milk ;
how the mare on which he rode was as large as six
elephants ; how he cut lettuce as big as walnut trees,
used for his hair a comb nine hundred feet long, and
for a toothpick an elephant's tusk,
■''
f
CHAPTER XVII.
SQUATTERISM.
Some suffer them selfe for defaut of aparannce,
To be outlawyd, and other some suspendyd,
Out of the churche for hys mys goueranunce,
And yet nought caryth, therfro to be defendyd,
Howe beit they myght: and haue theyr mater endyd,
Suche assay by falshode to prouoke the lawe,
And than it He, and them therefro with drawe.
y/tc Ship of Fools.
Squatterism is the doctrine or system which has
for its base the maxim eminently American that all
citizens have equally the right to share in the com-
mon property of the country, particularly in the public
domain. The terms squatter and settler are often
used synonomously, the former being no more a word
of opprobrium than the latter. A squatter is one
who takes possession of and settles on unoccupied
land. He may do so legally, taking possession of
lands belonging to the government, and in accordance
with all the requirements of government, or he may
plant himself on lands belonging to another or
on lands in dispute, or on lands covered by ISIexi-
can grants of which he had no knowledge, or in the
validity of which he had no faith. The term settler
is rather the more respectable of the two, as that im-
plies simply one who makes his home upon a piece of
ground formerly either public domain, or land held by
another and acquired by purchase. Thus we see a
squatter may be a settler, and a settler may be a
squatter. There is this distinction, and this only : a
settler is seldom intentionally a fraudulent squatter,
although a squatter may be a respectable settler. As
(396
LAND-CLAIM COMMISSION.
397
a rule, however, the terra squatters is applied to those
who settle upon the lands of another, or upon lands
in dispute, while the settler is one of that worthy and
enterprising class who enter upon and subdue unap-
propriated public domain, and thereby establish a
claim, by virtue of first actual possession, to the right
of purchase or of title in conformity with law. Of
course a man may settle himself in town or in a
thickly populated district; but the term is usually
used as I have said. Between the honest settler and
the unprincipled squatter there was a marked differ-
ence. The one was contented with what land he
could use, and willing his neighbor should have
as nmch; he did not oppose monopoly in another
while practising it himself; he was not unjustly agra-
rian, but ready to respect the rights and titles of
others, as he would have others respect his. If the
large grant-holders came into possession of their lands
justly and in accordance with law, the land was theirs.
If our government promised to respect those rights,
it should do so, at whatever cost to its citizens. With-
out going back to the time when these grants were
made, when the Mexican authorities could not give
their lands away, and regarded every loyal settler an
acquisition compared with which a few leagues of
land were as nothing ; without taking into the account
the necessities of these grant-holders for broad lands
for grazing purposes, their risks of life and property
among the wild natives, their isolation, and their
cliances of never again living in civilized society, —
which indeed, but for the accidental discovery of gold,
tliey would not, nor scarcely did then, — without tak-
ing these and the like into consideration at all, the
holders of large land grants righteously obtained are
as much entitled to protection as any other class of
men in their possessions.
The squatter of the California flush times was one
who assumed the name of settler without being en-
titled to it. He was a professional gull, ever hover-
I
M
398 SQUATTERISM.
ing about some oroad-acred pelican, which had dived
into the depths for its possessions, and held them
rightfully. He it was who speculated in town lots,
staked off fa ming lands, jumped mining claims, and
stole the nest of another rather than build one of his
own ; waiting and watching for opportunities to pounce
upon the property of others if so be he might escape
the law's penalty.
The squatters of Sacramento, affirming that the
lands of Sutter belonged to the United States, re-
solved, in July 1850, to hold possession of that which
they had seized, peaceably if possible, forcibly if neces-
sary ; and if the bail of an arrested squatter should be
refused simply because the bondsman was not a land-
holder under Sutter, all executions issued in conse-
quence thereof should be deemed illegal, and the
associated squatters should "act accordingly."
A commission was appointed by act of congress,
early in 1851, for the purpose of ascertaining and set-
tling private land claims in California. It was to
consist of three commissioners appointed by the presi-
dent, a secretary skilled in the Spanish and English
languages, and not to exceed five clerks; it was to
continue for three years, unless sooner terminated by
the president. An attorney was to be appointed to
attend the meetings of iiie board, and guard the inter-
ests of the United States in the premises. The com-
mission might summon witnesses, and administer
oaths; and every person claiming lands in California
by virtue of any right or title derived from the Span-
ish or Mexican governments, should present the same
to the commissioners when sitting as a board, together
with such documentary evidence and testimony of
witnesses as the claimant relied upon in support of his
claim. Appeals from the commission might be made
to the United States district court, and thence to the
United States supreme court. Three tedious tribu-
nals, attended by harassing and expensive litigation,
were thus to be undergone before the land-holder was
SORROWS OF THE SETTLER.
399
secured in the peaceable possession of what in the be-
ginning was his own.
In deciding upon the vaUdity of claims, the com-
missioners and courts were to be governed by the
treaty of Guadalupe Hidalgo, the laws of nations, the
laws, usages, and customs of the government from
which the claim is derived, the principles of equity,
and the decisions of the supreme court of the United
States so far as applicable. A. patent should issue to
claimants for all claims finally confirmed ; those finally
rejected should be considered as part of the public
domain of the United States. Land granted by the
Mexican authorities for the establislimcnt of a town
in existence on the 7th day of July, 1846, and town,
farm, or pasture lots held under a grant from a cor-
poration to which lands were granted for town pur-
poses, did not come under the jurisdiction of these
commissioners ; and the fact of the existence on the
above mentioned day of any town or city being duly
proved was prima facie evidence, either of a grant to
the corporate authorities or to the individual, under
which holders might claim. It was the duty of the
commissioners to ascertain and report to the secretary
of the interior the tenure by which the mission lands
were held, and those held by tame Indians, agricul-
turalists, rancheros, and pueblos.
It was hoped that when California became a state
the uncertainty in regard to land titles, which exer-
cised so fatal an influence on agriculture and settle-
ment, would be quickly terminated ; but it was about
a year after congress had created a commission, whose
duration, as I have said, was limited to three years,
that the commissioners presented themselves in Cal-
ifornia.
Many of those who emigrated to California were
informed, and undoubtedly believed, that the vast
territory ceded by Mexico, and whose beauty and
fertility had been so extolled, was at the time of its
cession the public property of Mexico, and as such,
«
■•}\ ^
'■■■•■■■ Xi\
III:
Uy^ I
m
400
SQUA'iTERISM.
with the change of sovereignty, became the public
property of tlie United States. Under that belief
they oanio with their families, household goods and
catth;, feeling certain that an abundance of valuable
agricultural land was to be had for the taking.
TluTcfore, when on arrival they found all the best
arable lands covered by enormous grants to the Mexi-
cans and otliers; that their government had neglected
to carry out treaty stipulations to determine the valid-
ity of those claims; that the lands of native Cali-
foniians even were daily wrested from them by com-
binations of squatters and thievish lawyers, tliey were
greatly disappointed and naturally indignant. Then
it was that breaking down all hedge-rows of law and
logic, they struck the bold decision that these preten-
tious ten-league land-holders were usurping monopo-
lists, who, like savages, unjustly held from advancing
civilization brt)ad areas of God's earth for which they
had paid nothing, had no use, and t<i which they had
no right. Nor were there lacking lawyers and politi-
cal demagogues ever ready at hand to feed the
fire of their unjust anger and prey upon their pre-
judices.
The immigrants complained in a memorial to con-
gress, forwarded in December 1849, when social quitt
was most disturbed by the squatter excitement, th;it
tliey had come hither in the belief that their govern-
ment had purchased this territory from Mexico, and
that they had the right to preempt and settle upon
lands here as in any other part of the public domain.
But, instead of possessing that right they had found
themselves to be trespassers, subject to the extortion-
ate demands of pretended owners. Denied them was
the privilege to pitch a tent, to plant, to build, to
occupy. There is scarcely a spot fit for a settlement,
town-site, or farm, said they, that is not crossed with
Mexican titles or Spanish grants, and held by the
possessors for speculative purposes, greatly to the in-
jury of bona fide settlers. Thirty miles square in the
JK-OJI
WliH
noun
more
JioJdc
in th|
ihvx
hireh")
f^tand.v
like
filf'O O
sense,
•'•s the
*iisput£
under
its su
turning
j"g a
^>r the
tonance
practise
CaJiforri
Low
IIIISII, AFRICAN, AND CHINESE.
401
Sacramento valley are claimed by two persons, who
jiarcol it )ut to gambling speculators for the purpose
of obtaining high prices from actual settlers, and this
was but a snigle instance.
There were not wanting men to espouse the cause
of law and order, in its relation to squatterism, as
t'lsdwhcre, and to cry loudly against the violation of
the sacred principles that constitute the fran?e-work
of scK'iety, whenever such violation stood between
tlieni and titles to lands held or coveted. On the
otlier hand, if law and order stood between them and
tlu'ir interests, they were the foremost to es})ouse
scjuattorism and brute-force title. The Herald, at
first tlie great champion of reform, the leader of the
people, and the instigator of committees of vigilance,
was denounced by its contemporaries, as later it de-
nounced the leaders of the reform of 1856. ** Nothhig
more plainly proves the real opinion of many land-
lioltlors and speculators in the city," says one, writing
in the autunni of 1850, "regarding the validity of
their titles, than the reckless and desperate course
tliey are now pursuing, as expressed througli the'
hireling newspaper organs, at the head of which
stands the Herald. If the present judges cannot,
like most of our old alcaldes, be bribed to uphold
the existing «ystem of land-ownership, and in the
face of all law, equity, reason, honesty, and common
sense, decide that the beach and water lots, as well
as the greater portion of the rest of the city, are in-
ilisputable titles in the names of those holding them
under such a system, I would ask the Herald and
its supporters what they expect to gain b}'- over-
turning these courts, murdering the judges, and rais-
ing a civil war to destroy the very government which,
for the time being, alone gives any support and coun-
tenance to the dishonest and fraudulent land robbery
practised not only in this city but in all parts of
California."
Low indeed lie the social sewers through which
Cal. Int. Foe. 'J&
402
SQUATTERISM.
flow our party politics. Out of the depths, all whiskcy-
Boakcd and in ignorance drenching, were brouglit
Erin's exiles to be made kings. Then the down -trod-
den African was lifted to tlie bosom of northern re-
publicans, and borne tenderly to the polls. Next in
turn come the Chinamen, now called pig-tailed, and
turned into social swine, grunting under the blows of
the lordly Irishman; but when needed by a political
party every one of them should be a sweet John,
and a lovely almond-eyed American voter. The
squatters of California were at first denounced by the
officers of the law, who called them outlaws, murderers ;
but when these same office-holders desired reelection,
and squatterism had become a power in the state,
then candidates of every party vied with each other
in grovelling prostration. From their vocabulary
the term "squatter" was stricken, and every land-
robber was an honest settler.
The immigrants were undoubtedly much disappointed
at not being able to step in and take possession of the
choicest morsels of the new domahi, and thereupon
induljxed their disjjust with all the senseless bombast
common to enraged, free-born citizens of the great
American republic. With wagons, tents, and equip-
age, with guns, knives and pistols, they swarmed up-
on the lands of the grant-iiolders, threatening death
to any who interfered, and even went so far as to ap-
proach the verge of growing towns and stake off upon
the principal streets, beyond the limits of the occupied
portions, town lots at intervals of forty feet, markiiiL!;
the stakes with the names of the claimants, and the
time from which such possession dated.
Thus it was that very early in the history of Ameri-
can occupation in California, squatterism became an
evil. It was indeed only a phase of mob law, but with
this important difference. A resort to popular, arbi-
trary administration of justice might, under certain
circumstances, be excusable in criminal cases, where
tlie vital principles of social good conduct were at
wao
woni(
not
tics
Kinc(
Was
'^nit(
her, V
"f Fc
UU'll o
or vac
sidio,
iiioJislj
squatt
^aptaii
court.
THE EVIL AT SAN FRANCISCO.
408
liicn-
Ic an
lai'V>i-
irtaiu
/here
Ire at
sialic ; but in civil differences, wliicli by no possi-
bility can a resort to arms in any wise lessen, and
Avhich must ultimately be determined by arbitration,
by tiic courts, by common sense and reason, and by
nothing else, fighting is brutish. In squatterism the
existence of courts is ignored, not because, us is tli(3
case with vigilance connnittees, justice cannot bo ob-
tained and the guilty escape, but because justice is
tardy and claimants are impatient. And then tho
men of California had so long been thrown upon
themselves for the redress of grievances, that they
liad acquired the habit of fighting their own battles,
deeming a resort to law contemptible petty-fogging.
No 1 tlie first, the brawny arm, the knife, tlie re-
volver, these were the tools for them 1 Away with
law and title deeds; we want not reason, we want the
[iroperty 1
Swarms of squatters settled on every available spot
about San Francisco, whether already claimed or not.
The sand hills were so fenced in, without regard to
roads or regularity, that it was with difficulty a
wagon could nicike its way beyond the suburbs in any
(iHvction. Fights between claimants were fn quent,
women joining the men in their shooting scrapes, and
not infrequently officers in the discharge of their du-
ties would be threatened. Most of the land at El
liincon, that is to say Rincon Point, or Kincon Hill,
was held by the government as a reserve. The
rnited States leased it for a time to Theodore Sliilla-
bcr, who, upon attempting to take possession the 28th
of February, 1850, found it covered with squatters,
men of Sydney and that class, who refused to pay rent
or vacate. Captain Keys tlien in charge at the pre-
sidio, detailed twenty soldiers to the place, who de-
molished the tents and shanties and drove off the
squatters. One of them brought suit against the
captain for damages which was dismissed by the
court. In July 1853 the sheriff, Johnson, was shot
by a squatter while placing in possession the rightful
404
8QUATTERISM.
owner of a lot on Mission street ; Union Square was
fenced in, and when by order of the niayor the street
commissioner attempted to remove it, the claimant
drew a pistol but was disarmed before he could use it.
It was in a quarrel over a lot on Greenwich street
tliat John Baldwin, an old and respected citizt?n, was
shot dead by one Hetherington. There was a multi-
tude of affairs of this nature, many of which resulted
fatally.
Samuel Brannan in 1851 had deeded the Odd Fel-
lows' ground for a cemetery, and by mid-summer 1853
squatters swarmed on it. In certain quarters there
appeared something like systematic organization with
wealth behind appearances.
It appears that Captain Folsom experienced no
little trouble from the squatter. He repeatedly cm-
ployed armed bodies of men to clear his property,
tear down fences, demolish houces and drive oft' claim-
ants. This was a rather arbitrary practise for a
whilom government officer; but the courts were slow,
nmch slower than gunpowder; and when property was
rapidly appreciating and depreciating, lengthy litiga-
tions would entail loss even to the winner. A lot on
the corner of Mission and Third streets was the scene
of a fatal squatter riot about the first of June 1854.
Some ten men were engaged on either side. The
police were rather inclined to favor the squatters, but
they were finally ejected. In this disgraceful aftair
two men were killed and five wounded.
So rank had become this evil that holders of prop-
rty under title derived from the city, and others,
)ld a meeting on the 5th of June, 1854, at the offi
Vi)
of Theodore Payne and Company, and steps were
taken toward the appointment of a special police for
the protection of their lots, or in other words, for the
organization of a band of fighting men to drive away
the squatters. Something of the kind was needed,
and, indeed, justifiable, for the squatters had entrenched
themselves on Mission street; and threatened havoc
and def
bo mad
c'aiJod, i
of a sa
boon ph
^>oking
dated sJi
tlius asp
'"^' poss(
"lootinir
at Musici
More I
street be<
tahiing p
spread raj
^ lot tliat
I'ghtfu] o^
ently squa
t^acJi otiicr
i^owell, Jfl
claimed si
coiitendin
^'•iimant.
«thor side s
and a wom^
loss active
and formini
promises on
^v'ho march
*inels. Th«
^ml drove t
«jght before
s'on, and na
tJiey were ^
^v'ore then p
"Pon the sai
It Was th
stake ofl^ the
'g
FIGHTS AND LAW-SUITS.
and death, fire a!id extermination, should any attempt
bo made to expel them. Fort Larkin the place was
called, in honor of one of the riniiloaders. The jxallev
of a sailing-vessel, perforated with port-holen, had
l)oon planted as a fortress on the disputi-d lot, over-
looking which, on a sandy eminence, stood a dilapi-
dated shanty, the headquarters of the belligerents who
thus aspired to become owners of lots by merely tak-
ing possession of them. The next day a nmch larg«>r
meeting for the suppression of squatterism was held
at Musical Hall.
More and more audacious the squatters t>f Mission
street became every day. And the infection for ob-
tauiing property without rendering an equivalent
spread rapidly over the city. Soon there was scarcely
a lot that was not fenced in and guarded, either by its
rightful owner or by some wrongful claimant. Pres-
tMitly squatter rose up against squatter, and fought
each other. On Green street, between Stockton and
Powell, James Lick owned a lot which two squatters
claimed sinmltaneously. Murphy and Duffy being the
contending claimants, and each backed by a sub-
claimant. One party erected a fence, and when the
other side attem})ted to pull it down, pistols were fired,
and a woman and a man shot. The squatters were no
less active than their opponents in holding meetings
and forming secret associations. Before the dispute*!
premises on Mission street armed men were stationed,
who marched back and forth night and day like sen-
tinels. The authorities at length took the matter up,
and drove them away ; but scarcely were they out of
sight before the squatters were back again in posses-
sion, and nailing up their demolished fences. Finally
they were effectually dislodged ; the rightful owners
were then placed in possession, and peace again smiled
upon the sand-hills.
It was the fashion of purchasers of water-lots to
stake off the limits of their submerged lands and fence
them in by means of pile-drivers, paying little regard
vji
i06
SQUATTERISM.
to the necessities of sliii)ping or the rights of other
claimants. Tiiis custom led to nuiny fights ahnig the
city t'nmt, and numberless injunctions and coniplahits
in the courts.
Possession was generally regarded the best title,
and to obtain or hold possession a resort to arms was
of daily occurrence. In acquiring or maintaining title
to the water-lots of Yerba Bucna cove, the pile-driver
was an imi)ortant agent; superseding Irishmen, it
fenced city blocks in the bay, and if dispossessed, fell
back u\Mni strategy to maintain possession. Ac(!rtain
block, for example, was wholly enclosed on three sides,
and on the fourth the fence of piles was open only
sutHcient to admit a vessel. Just within this entrance
were stationed two store ships, green water-dragons
guarding possession, and keeping the ])ile-driver away
from what it had with so nmch difficulty enclosed.
Either the vessels nmst be carried by a ptorming party,
and the aperture closed by the pile-driver, or they
nmst be cut loose and turned adrift hi the dead(»f tlio
night. In this instance both devices were used and a
loiiii' list of fi<;hts and law-suits followed.
Hiram J?earson and F. Lawson were, on the 21st
of September, 1853, accused before the recorder of
assault with deadly weapons while attenn)ting to take
possession of a water lot. Pearson was discharge*!
and Lawson held for trial. The contending parties,
it appears, had fought in boats, one of which, an old
hulk called the Bethel, Lawson scuttled, intending to
sink it t>n the lot and so maintain possession. Shots
were freely fired on both sitles, and attempts made to
thn)W each other overboard; but no lives were lost.
One Pinkham, living in April 1864 at the Potrero,
thought to enrich his posterity by driving piles so as
to enclose a number of overflowed lots in front of the
glass-works. Others caught the infection; lines of
piles were driven, and lots enclosed at intervals, from
Potrero point halfway to Steandioat point, and again
nearly to the mouth of Mission creek. The desire
AFFAIR AT SAN RAFAEL.
407
2 1st
'X of
take
'ties,
old
[IT to
lihots
Ic to
ll)St.
trert),
ls(» as
If the
Ics ot'
I frolic
lira ill
lesivo
for free suburban bomestoads, and water-lots witbout
]tiiy, was always prevalent among tbe land-bungry of
San Francisco, and recent grants made by tbe legis-
lature seemed to bave fired afresb tbeir insane desires,
Tbe water-lots tbus seized belonged to tbe state, and
many piles were driven along tbe city front for wbicb
tbe greedy grabbers never received visible compensa-
tion.
Tberc was a difficulty in Marin county in August
I8r)4, wbicb tbreatened to assume a serious aspect.
Ceitain mission lands near San Rafael, wbicb bad
been set apart bv^ tbe Mexican autborities for rellijious
purposes, were seized and staked oft' by an oi'ganized
band of squatters, wbo determined to bold tlie i>rop-
crtv tie et ar)nis. One winyr t)f tbe mission buildino;s
at San Rafael was, in 184!), used as a cburcb, and tbe
«»tlier as couit and jury rooms ; otber apartments were
occupied by Mexican families witb tbeir dogs, ]u)gs,
and <attle. By order of tbe alcalde, William ]iey-
iiolds, tbe city was suiAeyed in 1850 and laid oft' in
town lots witb a Mexican title. Tbe price of b)ts was
fixed at tbirty dollars eacb, and a day aj)pointed by
the alcalde for tbe sale, tbe first a])plicant to receive
the first cboice. A great rush was made for lots by
tliose wbo bad failed to make tbeir fortunes in San
Francisco sand-bills; but tbe town, developing more
slowly than was anticipated, many of tbem were al-
lowed to fall into tbe bands of tbe tax-»jatberer. Tbe
land in dispute bordered upon tbe town, and was j)ait
of tbe old mission orcbard and vineyard, wbicb bad
been neglect d by tbe cburcb and by its rightful own-
ers for niiiuy years, and bad at length fallen a prey to
l)ivemi)t(»rs. On the 7tli of August tbe cbuivb party,
to the number of al)out twenty-five, apjx^ared against
the squatters witb sticks and staves, and drove tbem
from tbeir sbores.
So habituated bad tbe people of California l)ecomo
to trusting only to themselves for tbe accomplisbment
of their purpose, that mob law became tbe too frecjuent
I
408
SQUATTERISM.
'
«:
]■'
arbiter of important civil cases, especially in the set-
tlement of squatter disputes, and in swindles affecting
the general public. Whatever was wrongfully accom-
plished by law, the people who had learned to look
upon themselves as above the law, deemed it incum-
bent upon them to make right, and this they did in
the surest and most direct manner.
The town of Oakland was thrown into a state of
great excitement on the 27th of August, 1853, arising
from the claims of Carpeiitier, !Moore, and others t(j
the long line of water property along the front. A
meeting was held and resolutions passed repudiating
these claims, and determining to divide such pro[»crty
equitably among the people. This, with the assist-
ance of club and pistol, they proceeded to do. Two
hundred and fifty citizens signed a pledge Jo ; I
by each other at all hazards. Then at it thvy went.
Business was suspended; fighting was free to ail; and
the result was that Carpentier's men were beaten and
ignominiously driven from the field.
Nowhere did the energy and audacity of the squat-
ters assume greater proj)ortions than on the lands of
John A. Sutter, in the Sacramento vallev. Sutter's
claim was beyond all question valid. He was the j)io-
neer in this rej^ion. He had r< reived from the Mex-
ican autliorities a genuine grant, m due time confirnud
bv tlie United States ijovernment He built a fort,
cultivated the soil, and raised flocks and herds. If
there were anywhere rights and conditions entitled to
res[)ect by innnigrants, they were here present.
The 14th of August, 1850, witnessed a serious
aflra J' between the citizens and an organized band of
squatters composed of emigrants who had taken ui>
claims on unoccupied lands in and adjoining Sacra-
mento. It apjwars that a case had lately been tried
and decided against the squatters, the judge denying
an appeal. This decision, together with what they
deemed an illegal attempt on the part of an inferior
court "^o make it final, fo exasperated the squatte ^
that
gove
obey
witJi
tJie d
inouii
to th(
]'risor
one ())
An
a ]arg(
demon
cials u
Jace, tJ
assesso
iiiortali
his su]
TJie les
fiiialJv (
Xext d
in tJie c
i"g sue]
saloon t
f^quattor
eral nx
sJierifi
tors tak
governo]
iiiihtia t<
tlie riot,
deinned (
inir.st uj
taking u
^JiiTo a])
f"i'Mia wa
and Hex;
to arijis V
SucJi, I
^••ot of I
)(
^1 if'
1 I
BLOODY AFFRAY IN SACRAMENTO.
409
that they held a mass meeting, and declared the state
government unlawful and the authorities not to be
obeyed. Two of their number were arrested, charged
with rebellion, and lodged in the prison brig. On
tlie day above mentioned forty armed men, under a
mounted leader, marched through the streets down
to the prison brig for the purpose of releasing the
lirisonors, and also to recover certain lumber of which
one of their number had been dispossessed.
Arrived at the levee thev found close at their heels
a lanjce crowd hooting at them, and makin*; warlike
demonstrations. The mayor, sheriff, and other offi-
cials were on the spot. Closely ])ressed by the j)opu-
lace, the squatters wheeled and fired. Tlie mayor,
assessor, and a dozen others were struck, several
mortally. The fire was returned by the sheriff and
his supporters, and continued for about an hour.
The leader of the squatters was killed and the band
filially dispersed. Thus far five or six only were dead.
Next day the sheriff with about twenty men set out
in the direction of the fort f«)r the purpose of arrest-
ing such squatters as they could find. Stop})ing at a
saloon to drink, the sheriff's party was fired upon by
scjuatters concealed in an adjoining room, and a gen-
eral melee ensued, in which three, including the
slieriff, were killed, several wounded, and four squat-
ters taken prisoners. On receipt of the news, the
gfjvernor, then at San Jose, ordered a brigade of
militia to proceed to Sacramento and assist in quelling
the riot. This uprising of the squatters was con-
demned on all sides; a torrent of pul>lic indignation
!»urst upon them from all })arts of the state. For
taking up arms against the constituted authorities,
there appeared no justification, no palliation. Cali-
fornia was not yet a state; the titli'S to })ublic lands
and Mexican grants were ill understood, but a resort
to arms was not the way to settle them.
Such, briefly, was the great Sacramento s([uatter
riot of 1850. The squatter party was composed
ill
il il
'
I. i
I I
410
SQUATTERISM.
chiefly of iininigrants f.'orn the western states, where
Spanish grants were unknown. Schooled in the cl(x?-
trine that all unoccupied American soil is free, they
knew and cared to know nothinij of the land laws
other than the laws of preemption ; and to be driven
from their lots by speculators claiming under the
Sutter title was unbearable tyranny.
The trouble had long been brewing. Much feeling
prevailed during the winter of 1849-50, and the
squatter element then lacked only a leader openly to
resist Sach a spirit at length appeared under the
name of Dr Robinson, who was seconded by one
M ihoney. One of the squatters had bec^n ejected
ti\e authorities, and two arrested as before men-
ti./ned. Meanwhile the squatters had been collecting
army and ammunition with which to oppose the exe-
cution of the law. Robinson was arrested, passed
the form of trial, and was released. Not h^ng after
he was elected to the legislature from Sacramento
county, an act on the part of the people significant of
their sj-mpjithy.
An organized band of squatters, some eighty in
number, who had taken up claims on an island in
Feather river, kno vn as the Jimeno grant, told the
deputy United Statos marshal, who in May, 1853,
was attempting to sei ve certain summons, that they
had contributed $3,000. with which to defend the
suit, that they were now carrying it to the supronu'
court, and if they lost it there they should then fight.
They told the officer, moreover, that if he attempted
to serve his summons they would kill him. The mar-
shal retired and took the boat for San Francisco.
Stop])ing at a wood-yard, he learned that the proprie-
tor, Holiday, was one of the persons for whom he had
a summons. The marshal delivered the writ and be-
gan to read the summons, when he was interruptt d
with, "Waal, I suppose I may as well kill you now as
any time," at the same time receivhig on his arm,
which he had thrown up to protect his head, a blow
SANTA BARBARA AND HEALDSBURO.
411
which, had it not missed its aim, would have killed
him. Being unarmed, and unable to pnjcure a
weapon on board, the officer was obliged to return
without having accomplisiied his purpose.
In May 1853, one of the frequent disputes arose as
to the possession of a certain piece of land at Santa
Barbara. Jack Powers had settled upc^n a tract
about two miles from town, which Nicholas Den
claimed to have leased for a number of years from the
government. The case was decided in Den's favor in
the district court, and afterward in the suprcn;e court.
Nevertheless, Powers refused to give up possession,
claiming that as it was government property, it was
free f:o all American citizens. Sheriff Twist deter-
mined to eject him by force. Powers then collected
fifteen of his friends, and formed a sort of barricade
on the rancho, by felling trees, piling up logs, and ar-
ranging wagons for the purpose. They had liquors
and food provided for a number of days, and several
|)ieces of nmsic to enliven the time. Well armed
with revolvers, rifles, and shot-guns they were pre-
pared to resist the officers. Three of Powers' adher-
ents, on the way to his place, encountered the sheriff
and others, who were trying to take out the spikes
that had been put in the cannon the previous night.
Words ensued as to their intended use of the cannon,
which resulted in a serious melee with several
wounded and some killed on both sides.
Not less than 200 men, squatters on the Fitch, the
Pena, and the Berreyesa grants, situated about
Hcaldsburg on Russian river, banded for mutual pro-
tection in movements defensive and aggressive.
Sonoma and Santa Rosa valleys in common with al-
most all parts of the state covered with Mexican
grants, have been the scenes of repeated assassinations
and outbreaks, of which I give n instance. In April
iS58 fifty armed men attacked the government sur-
veyor, Tracy, then acting under instructions issued
by Mandeville, surveyor general, seized and tore in
i
I
5 1,1
i
412
SQUATTERISM.
pieces his papers, and informed him if he valued liis
life he would drop that business and go home, which
Tracy was very glad to be able to do. The band then
rode to the house of Pena, where Lugo, one of the
owners of a large tract, was stopping and forced him
under threats of han<xinir to siijn an article of release
of title to certain lands, and also to innnediatelv and
forever retire from those parts. Next the mob i>n)-
ceeded to Healdsburg, distant from the former frolie
about six miles, in search of Dr Frlsbie, a landholder
whom they proposed to force into the relinquishment
of his title to a portion of his lands. The citizens
rallied to the support of law and government, and
though the squatters threatened to burn the town,
held their ground, and the free-land men retired.
At Suisun in December 1862 certain squatters
against whom John B. Frisbie had obtained judg-
ment, and a writ of restitution, refused to vacate
when ordered to do so by the sheriff; whereupon that
officer summoned to his aid a posse, and marched
against them when they yielded.
The original proprietors of Boise city, Idaho,
bought the town site from ranchmen who had settled
there, surveying it and laying it out in town lots ; to
every one who wished to build a dwelling they gave
a piece of ground. Busuiess lots they sold. All
went well until in the autumn of 1864, a judge and
two lawyers dropped upon the place and then l)egan
lot-jumping and litigation.
In some way the sentiment got abroad that the
proprietor's title was valueless, that the ground on
which the city was built was public domain, and that
any one might settle on an}' unoccupied spot. Then
the two lawyers revelled in fat. Those who had
taken possession of their neighbor's property, hoping
to get something for nothing, after submitting to ex-
pensive litigations were obliged to step down from
their position and leave the land to its original occu-
pants and their successors.
Lov
saiiit.
other ]
eccentr
'•le enc
Was gi\
T
, (
I'lanci.s
nestle t
witli P
'SpanisJi
'is proi
self to 1
tile chuil
isli crow
"f Quin
tin, like
Mas ver\
other ii
killing f(
It has
Quintln
^Spaniard
'ity of SI
durum;
iinr for
Jjhorigina
(
I
1;^
CHAPTER XVIII.
PACIFIC COAST PRISONS.
Such prisons are beyond all liberty.
— SnrMituj.
Lovely San Qucntin 1 Saint thief I Thief and no
srtiiit. Saint and the dwelling place of thieves and
otlicr malefactors. The name and the naminij were
(Hcontric and mongrel, though, as it turned out, suita-
lilr enough, even considenng that to Spanish "San"
was <civen a foreijin " Qucntin."
To explain. Round that bright corner of San
Francisco bay, where under the shadow of Tanialpais
nestle the coves of Corte de !Madera and San Rafael,
witli Punta de Quintin, as the point was called in
S])an*ish times, bet^yeen them, there once roamed with
his ])eople a native chieftain, who, on allowijig him-
self to be sprinkled on the head, and made a son of
tlk' church, as well as an humble vassal of the S[)an-
isli crown, was honored by the padre with the name
if Quintin, after one of the saints. Now, this Quin-
tin, like others we luivc known possessing Christianity,
was very far from a Christian's ideal in his raids and
dtlier innnoral practises, inasmuch as stealing and
killing formed parts of his programmes.
It has been clahned that the point was called San
Quintin in remembrance of a victory won by the
Sjumiards over the French in 1547, in front of the
city of San Quintin, the ancient Augusta Veroman-
d< "rum ; but there is no evidence of that being a fact ;
nor for placing San before Quintin. It was the
aboriginal non-sanctus after whom it was named.
(413 J
if
.it
irii
t
SJ /'i
414
PArlFIC COAST rRlSONS.
Woird and hobgoblin were the uses and purposes, as
"Well as the name and naming of the enchanted spot.
From the ocean tlie rough breezes como tcmi>cred by
warm airs rising from sutmy meadows, while the fog-
banks, filtered by the wooded slopes, wrap the tnirsty
earth in gentle moisture. Glorious indeed the view
toward the east; the pliant sparkling water, the
smooth billowy hills, and the shoaled and islotcd
shore winding between; while beyond, old Diablo,
winks and blinks and nods as in uncouth wooing of
the gorgeous wealth of beauty at its feet.
A rare retreat, truly, for those whose lives are de-
voted to the laborious occupation of unjustly appro-
priating to their own use the property of others.
Alasl that man should be obliged to shackle his
fellow-man ; that society after feeding and clothing
from boyhood scoundrels who never in all their lives
did one blow of honest or beneficial work, after pro-
nouncin<j: a formal condemnation should be obliijcd to
lodge and feed and clothe them, in lots of hundreds
and thousands for years and often for the remainder
of their lives. Yet they would say how hard the
devil drives his servants!
Before San Quentin was, there were villains ; but
never have they been so well housed on these Pacific
shores; that is to say, those who have been publicly
housed at all. Time was when this charmed shore
of California played its role as a sort of penal settle-
ment for a society rich in rascality. Mexico sent
hither her criminals with the double intent, as lur
authorities had the assurance to say, of improving
their morals and increashig the population of Califor-
nia ; and to the petition for a lessening of the evil, to
send only useful convicts, since California had no
jails, no heed was paid for several years. Then, and be-
fore, and since, were presidios for prisons, and mission-
ary buildings for guard-houses. In those days class,
and caste, and character entered largely into prison
etiquette. Some convicts enjoyed the liberty of a
PRISON BRIOS.
415
free citizen, living on a ranclio or in the pueblo; others
were restricted to certain districts, or ct)nfined within
l)()undaries; while yet others were doomed to shackles
and liard labor under su^iervision of the garrison.
In tliose da_y8 it was small pain to be a great villain,
though woeful to sin lightly.
Among the gold hunters, the ships that brought
tliein out were sometimes turned into jails and peni-
tentiaries under the name of prison brigs. San Fran-
cisco boasted t)ne of these, as likewise did Sacramento.
Tlic Enplicmia, as the pristm brig of San Francisco
was called, was purchased about the first of August,
1841), with the first money appropriated In' tlie town
council, elected by order of General Klley. This
was tlie first regularly appointed place of confinement
where rogues and convicts were kept in custody.
When the old Euphcinia proved inadequate to the
rapidly increasing demand for prison facilities, other
liulks were added to the prison service; and thus
matters stood when in April, 1851, an act was passed
l>y the legislature appointing a board of inspectors
and giving James M. Estill, with wliom was associated
^[. G. Yallejo, a contract for the control of the state
jiison, prisoners, and hulks for a term of ten years.
The time was one of dear labor and eccentric en-
terprise ; and it was thought to be a grand thing if
tl e institution could be made self-supporting, and
tlie prisoners be obliged to work for their bread. In
this way the state would be relieved from the expense
of cjuardiuij and mahitaininij its felons. But the
government soon saw that it had committed a most
egregious error. The abuses were manifold and fla-
grant. Public weal was soon dropped out of the
management, and innnediate j)tcuniary profit became
tlic dominant purpose. Such of the prisoners as it
was found profitable co keep at work, were kept at
hard labor from daylight till dark, Sundays and other
(lays, chopping wood, making brick, or performing
contracts m which such kind of servitude was found
1
' ,)i
\^^\\
4ie
PACIFIC COAST PRISONS.
remunerative. The rest were permitted to escape.
On one occasion, while a prison brig was lying at
Angel island, the men at work and their guardians
lolling in the cabin, the convicts quietly turned the
key on them, and escapnig to the adjacent mainland
betook themselves to the woods.
It soon became aj^parent that the hulk system failed
to meet the requirements, and that ground nmst be
selected and substantial buildings erected. The year
following, namely, in A})ril 1852, a bill passed the
legislature providing for the erection of a state prison
on the site purchased at Point Quintin.
Even then the stone building which soon arose
failed to accommodate all, nor would the interests of
the contractors allow prisoners to be confined to one
locality. Hulks were still used at diH'erent points.
Men were likewise sent in squads under feeble guards
to farms and woods ; many convicts were even dcs-
])atched unguarded to distant places. Great partiality
was shown, thereby facilitating the escape of many a
scoundrel.
Still matters were for from prosperous ; and so clam-
orous became the public, that in 1855 the legislatun^
revoked the contract with Estill, and declared his
lease forfeited. The state then assumed the manajxe-
ment. A board of directors was appointed, and a
strong wall twenty feet high, was thrown round the
j)rison premises. In 1856, politics being more power-
ful than public weal, and as a reward for his for-
mer unfaithfulness, a fresh contract was made with
the same Estill, with new restrictive conditions. He
was to safely keep and maintain the state prisoneis
for the term of five years at a compensation of $10,000
a 3'ear. So favorable to the lessee was this contract
that Estill was enabled almost immediately to assign
it to one McCauley at half the compensation allowed
him.
The principle was now a grinding one ; prison man-
agement meant simply money. Abuses were ranker
rENITENTIARY msCirLINE.
ill
tlian ever ; so much so that in 1858 govoriiniont nn;aiii
(K'claivtl tlio contract aiiuullcd, and took forcible jtos-
si'ssion of tlic promises. Tlie lieutenant-governor was
iiiaile ex-ofticio warden, with a full staff, and the keys
delivered to him. The assiL'nee broujxht suit for dam-
ages which was sustained by the supreme couil. A
compromise was agreed U[)on, but the statt; failed to
meet its obligation. At last, in 1800, to get rid of
him. a bonus was paid the assignee, since which time,
if we except several extensive escai)es, state-prison
iiiaiiagement has steadily improved.
Prison discipline, penitentiary science, uniting with
tlie system of reformatory efforts, are of late begin-
ning. The castle donjons of the feudal barons had
improved but little when civilization had largely ad-
vanced hi other directions. The eigliteenth century
had well-nigh gone before Howard made liis fanums
('X|ioso of the wretch(Kl condition of prisons in England
and Wales, and the great Millbank penitentiary, mod-
oli'd by Jeremy Bentham, had not been built more
than tliirty years when the grounds at Quintin Point
wt'ie laid out; so that California, although the young-
est of the great societies, is not so far behind the rest
of the world in this regard as might be imagined.
In almost all modern prisons industrial labor lias
taken the place of purely ]>enal labor, such as the
crank, shot-drill, and treadmill. All well-managed
juisons are now self-sui)porting, or more than self-
sui>i)orting Each prisoner, immediately he is
incarcerated, whether in a state " penitentiary or
a county prison, should be put to work. Jails
should not be conducted upon the free-boarduig-
lunisi' principle, but convicts s-i' nJ.d be made to earn
their living, or as nearly so as possible. There are
things useful that even children can do; and if the
fodil of the prisoner depended somewhat upon his
earnings, it might tend to sharpen his wits over use-
ful work.
Cal. 1st. I'oc. 27
, '4\
418
PACIFIC COAST PRISONS.
Thero arc different systems of on mannircniriit
ill the United States. In all state-prisons tlie cnn-
tract system prevails, with .some half d»)zen exceptions ;
some are under state manat^ement, and some niixcd.
Several states show earnint^s amounting to more tlian
expenses. In North Carolina the averai^e cost of
inaiiitahiini; prisoners per capita in 1 875 was about !?:m).
while in Oregon it was over $300, and in Nevaila
nearly $400.
In the average number of prisoners San QutMitiii
with 1>00 or thereabouts, stands sixth. Sing Sing, in
New York with 1300 being first, Auburn, New Yoik.
and Joliet, Illinois, with a few less, behig second and
third. Nevada can scarcely boast of 100, while the
average of Oretjon is but little more.
The prison managers of 1877 complain that Clii-
nese cheap labor is ruining the penitentiary ! TIic
law permits convicts to be hired out at the rate of
fifty cents a day. At twenty-five cents a day cnn-
tractors could employ them, but not at more than
this, as otherwise Ch' • labor is preferable. There
is a state prison at 1 a\. More facilities are re-
quired either at San Quentin, Folsom, or elsewluio.
The prison tract at San Quentin com)>riscs i;)0
acres. The situation is extremely favorable ; the
soil first recommended it, being good clay for bricks.
The prison itself covers a square of six acres, enclosed
bv a wall now twenty-five feet high. Outside are a
number of buildings for offices, stables, and outhouses.
with a few ijarden patches. The warden's villa lies
on an elevation near by. Inside the wall are three rell
buildings of several stories, parallel to one anothtr,
and twenty feet apart. Two are of brick 124 by -'''
feet, and erected in 1864 at a cost of $60,000 eaeli.
There was $200,000 appropriated by the legislature
of 1876 for new buildings, and a four-story l-rick
structure 50 by 400 feet was the result.
With the exception of the lower story of the storo
buildhig, which is divided into seven large rooms,
with r
lioned
l»y fou
passage
tiek. t\\
'•(■sides,
tides, a
The I
rics. oiie
whole h
the irrcj
tlie cent]
♦It'll, wit
desei't.
A nun
)dt; sen
"ig muzzl
tions. \1
narrow ti
i^iiard Jioi
«i'«o situ
J,'all()ns.
Convict
•UK I to JU(
^^ rather i
new arriv,
measured,
agination
case (,f es
i^"'form, ai
A. secom
^^ the ha
''''">lvct-tos
'■^'xl iiijign
Illeiit. fh(
•''"^"1 release
^vlio shows
'^if;'ravated
^^'in not say
SAN QUENTIN.
419
witli rows of bunks, the rest of tlio floors arc parti-
tioiK'cl into (loul)lo lines of cells, chieflv nine feet loiiir
Itv four wulo, and eijjfht high, opening tui a central
passago. The cells eontiiin ono to two bunks, a straw
tick, two pairs of blankets and a bucket. Many are,
lit sides, neatly furnished with tables, stools, toilet ar-
ticles, and ornaments made or bought by the inmate.
The block also contains workshops of several sto-
ries, one costing $130,000, and a number of offices; the
wliole having rather a patchy appearance owing to
the irrciLiular additions made at various times. In
the centre Is an open space cultivated as a Hower gar-
bled, with a hewn stone fountain — an oasis in the
desert.
A number of yjuards arc on the watch atjainst re-
volt; sentinels patrol upon the walls; and the frown-
iii;jj muzzles of primed guns api>ear in different direc-
tions. Upon the two parallel hills which enclose the
narrow tract tKere are, besides, several stations or
;iuard houses with grape-charged cannon. There are
also situated the prison reservoirs, one of 250,000
gallons. A large l)rick yartl borders on the bay.
Convicts are brought hither by country sheriffs;
and to judge by the mileage allowed, the task nmst
be rather attractive to the more di.stant otticials. The
new arrival is conducted to the turnkey's office to be
measured, and to undergo a physical and moral ex-
amination for fitness, for place, and identification in
case of escape; whereupon he receives the striped
uniform, and his hair is clipped very short.
A second and less agreeable initiation awaits him
at the hands of the old residents, consisting of
hlaiiket-tossing, rail-riding, and other persecutions
and indignities, regulated according to his tempera-
ment. Those who take the fun in good humor are
scxtn released and become favorites. But woe to him
wlio shows obstinacy or cowardice ; his sufferings are
aggravated and prolonged in proportion ; complaints
will not save him.
I
' ri\
I.
420
PACIFIC COAST PRISONS.
The life of prisoners is not so severe as might bo
expected. The bell rouses them at five to seven a. m.,
according to the season, and ten minutes later tlie
cells are opened by the turnkey, permitting the nun
to roam in the yard for half an hour. Fifteen niiu-
utes are allowed for breakfast, and then on to work-
shops, brickyard, or offices.
The signal for dinner is given at half past 11 o'clock.
Those who possess tea or coffee are given facilities to
prepare the beverage, and at a sign the men fall into
line for the dining-room, where two rows of tables
groan under the abundant rations of meat and bread,
with soup ad libitum. The turnkey overlooks the
hungry army from behind an elevated desk, and gives
the order to be seated. All are now on the qui vive
for the next signal, to begin eating, which is obeyed
with a will. Silence prevails, broken only by the oc-
casional clatter of spoons, with which the more par-
ticular have provided themselves, for the dangerous
knives and forks have been replaced by the more nat-
ural implements of the paradise era. A last rap
closes the banquet, and the convicts march out wUli
abated eagerness, removing the glossy evidence of the
tooth and nail combat by a complacent wrist
movement.
The supper call is at half-past four, after which all
are locked in. Those who have lamps or candles may
read, play, or work, till nine, when lights are extin-
guished, except on the lower story, where they burn
all night to reveal any attempts at boring the wall.
The work was largely in the hands of contractors,
manufacturers of furniture, saddles, shoes, clotirui;,^
cigars, barrels, bricks, etc., each of whom emi^^loyt'd
from 25 to 200 men. The prison provides all tlie
needed shops, power, and guard. The custom of
sending gangs to work outside the prison has been
much restricted.
Task work is most common, and on completing his
share the convict may while away the time, cr, l>y
f( K )i
SUV
1
ch.ij
men
ea-jft
rout
orn^a
A
some
educ£
sever
fees o:
anion 1
visitoi
TJli;
soniew
its moi
•iiid thj
some
^e:,^1rd(
aithouf
taMisb
«in(l wa
TJlO UK
teraet
cniui;,
must
tJio jiun
prisons
Won,,, in
Calif;
a Veiy |.
cuous in
<'e(le(| 01
J,''"nMini
ROUTINE AND ATTRACTIO^'^S,
m
extra work, earn money wherewith to purcliase better
food, and articles of luxury, even daily papers. Many
save considerable sums.
The upper floor of one of the buildings forms the
chapel, where sabbath service is conducted by clergy-
iiKu volunteers to audiences of 300 to 500 men, who
eajjjerly welcome any change in the monotony of their
routine. Among the attractions are a fair choir, and an
organ purchased by contributions from the prisoners.
After service a few of the talented convicts instruct
some 250 companions in rudimentary branches, an
educational process which is fostered by a library of
several thousand well-thumbed volumes, and by the
fees of visitors. Literary entertainments are arranged
among them, and, at times, lectures are delivered by
visitors.
This is not a very repulsive picture of a prison,
somewhat different from the Labyrinth of Cnosus with
its monster and starvation, or the dreary eryastula,
and tlie Jullianum with its deadly fumes, or the loath-
some dungeons of the middle aijes. Yet the ancients
regarded prisons merely as places of detention, and,
altliough Plato advocated penal and penitentiary es-
tahlishments, the second phase developed very slowly,
and was accepted in France only after the revolution.
Tlie more recent knowledge of the necessity to coun-
teract the tending of prisons to become schools for
crime, and the introduction of reformatory systems,
nmst be traced to the noble efforts of Howard, and
the Immane crusades of Fry, while the idea of making
prisons self-supporting finds its origin in the political
economy problems of our era.
California has not yet had time or moans to develop
a very perfect system. The one great evil is promis-
cuous intercourse, whereby the young and less corrupt
are exposed to the contagious influence of the har-
dened criminal, and the want of an efficient check on
gamhlnig and other vices, as maybe learned from the
roi»orts of the connnittees.
'0lt'
PACIFIC COAST PRISONS.
Good conduct is promoted by a credit of five days
in the month to every prisoner, witli an hicrease of
one day every two years, till the allowance reaches
ten days. This is deducted from his term of ser-
vitude. Pardons are also held out besides other
rewards.
Punishment has become more humane, and consists
mainly in reducing privileges and good -conduct time.
IJesperate characters wear chahi and ball, and are
prohibited from holding intercourse. The lash which
was once applied for all offences, and periodically to
captured fugitives, has almost fallen into disuse, and
so has the dark dungeon, although both remain to
inspire a salutary terror. Flogging was also admin-
istered with a long paddle-formed board, with perfora-
tions, through which tlie flesh was forced by every
blow. Even more feared than this was the torture by
water, which consisted of a jet played upon the
mouth and nose of the victim. So severe was tliis
punishment that if the same jet were let fall upon
the stomach it would cause death.
Tlie numerous attempts at escape form interesting
episodes of prison history. The thought of liberty
here swallows all other thought, and life itself appears
the inferior gift of heaven, as Drydcn puts it. The
great leisure enjoyed allows the mhid ample time to
fondle the alluring hope ; to dwell upon the many
records of fellow-prisoners who have with varying
success scaled the walls, filed bars, undermined cells,
assumed disguises, or otherwise hoodwhiked the
guard ; and to evolve plans worthy of a Dtedalus,
attended by equally daring exploits.
The most famous stampede was that of Jul} --,
1862, when a general outbreak took place, owing
immediately, it was claimed, to the starvation regime
of Commissary Jones.
Nothing occurs to arouse suspicion although the
plot muat be widely known. The dinner hour has passed
A SAN QUENTIN ESCAPE.
423
and a gang of over 100 convicts is marching through
the gate in the rear of the prison, when sut!denly some
fifteen separate from the rest and rush for the front
^ate, securing the guard. Lieutenant-governor Chel-
lis notices the movement from his office, and hastens
for safety to the adjoining bedroom, but the door is
broken in, and he is brought forth to give orders to
the gate-keeper to surrender the keys. The order is
given but the keeper bravely refuses to comply, as-
sertuig that they are not in his possession, but the
convicts are not to be deceived ; a struggle ensues ;
tlie keys are snatched fr-nn him and the gates thrown
<>l)cn amidst shouts of liberty. The cry is echoed by
the crowd, amidst a general rush to join the leaders
regardless of the volleys from the guards. The men
from the workshops bring their axes, files, and other
tools, while others storm the armory, overlooking a
case of sabres in their hurry, and obtainnig only one
loaded revolver, besides uncharged pistols and some
other arms.
Two to three hundred convicts have now passed
tlie gate bearing the governor of the prison with
thorn, but of these fifty are quickly secured by the
captain of the guard, while the rest proceed in a body
along the wall to station 5 on the hill. The guard
stands ready to sweep th«ir column with grapi -
shot; but the convicts are prepared; the captured
goverFior is placed at the front to serve as shield, with
a loaded pistol at his head to remind him of the func-
tion. "For God's sake don't shoot 1" exchiiins the
victim with uplifted hands. There is no time for hes-
itation ; the guard turns the gun, discharges it into
the water, and spikes it. This is more than they had
expected, for the gun had been counted upon to silence
the next one upon the adjoining hill. In thei» oxas-
l»eration they reproduce the Tarpeian tragedy, and
Kun with carriage follow the guard m his whi'-iiiig de-
SClMlt.
Their path now lies across the brickyard to station
424
PACIFIC COAST PRISONS.
10. Several volleys flash against them from the guns,
but pass over their heads, so directed, no doubt, out
of regard for the governor. The guard in pursuitare
almost equally discriminating.
In this way the main body advances along the Corte
de Madera road, toward Mouiit Tamalpais, plunderiui;
the houses in their way of every thing portable, although
not without expressing regrets at the unavoidable ne-
cessity. Indeed, they are polite enough to leave the
governor his watch, remarking that it would be too
mean to commit detailed robbery after stealing his
whole person. Their patience, however, is sorely tried
by his corpulency, which is becoming an obstacle to
progress, despite the frequent reminders api)lied to
his body in the form of knife-prods. A wild, bare-
backed pony is produced to accelerate his motion, but
either the weight or earnest entreaties of the governor
save him from the dreaded ride.
At four p. M. a slough is reached, and the panting
hostage is compelled with the rest to wade chin-deep
in the miry water. On gaining the high fence beyond,
his slimy corpulency is found too heavy to be hoisted
over, and is released. This act is suicidal, for the
guards are no longer restrained by his presence, and
resume firing with telling eft'ect.
By this time the news of the outbreak hai spread
far and wide, and aware of the danger to life and proi)-
erty, every able-bodied man in the San Rafael district
who can lay his hands upon a weapon and a horse
musters for the chase. About 200 well-equipped men
close in upon the gang. Behig comparatively unarnud
the convicts find resistance useless, and the affair be-
comes a ixanio of hide and seek. Bv twiliijht nearly
the whole nundier is secured, and at eiyrht p. m. the
prison gate closes behind them.
^Meanwhile a side-play lias been performed on the
bay. A party of a dozen fugitives or so, whose dilut(<l
Viking blood still tingles to the harp of Necken, liavf
boarded the prison sloop Pike Coiinty. The hawsers
ANOTHER ATTEMPTED ESCAPR
425
are cut amid a whiz of bullets ; the distance from the
wharf is rapidly increasuig, and so are their aspira-
t i< >ns ; but, alas 1 one thing has been left out of account ;
tlie non-consulted mistletoe proves in this instance to
1)0 a treacherous mud-bank, and hope, their Baldur,
fulls.
The first roll-call showed over thirty missing but
this imnibcr was reduced to less than a dozen by sub-
sequent captures. Ten were killed and thirty wounded.
On receiving the first exaggerated accounts, the
chief v>f police at San Francisco obtained full powers
from the governor. He engaged a steamer, and
arrived on the sjx)t at five o'clock the following morn-
ing, with a body of armed citizens, but nothing re-
mained to be done. The Sacramento Ranjiers were
also turned out for the pursuit. A reward of fifty
dollars was offered for each fugitive.
On Saturday April 2, 1864, a determined attempt
at flight was made by a gang composed chiefly of
Mexicans, under the leadership of Tom King. One
jiar+y, engaged in unloading, broke from the work
ckiring the afternoon, ami began to scale the wall.
The guard fired, but twenty -three succeeded in gain-
ing the brick-yard, where another party joined them.
The fu<j:itives armed themselves with stones and
bricks, and attacked station 4, evidently with a view
to (•a})ture the gun and turn it to account. The
four guards at this point found that the guns would
iutt work, spiked it, and rushed for the guard-house;
hut only two reached it, for the next moment the
convicts had possession of the place, and sent the
other two whirling over the embankment. The ad-
vantage was momentary onl}'; the gun on the otlier
side opened fire, and the guard came charging on
lioise and foot. In twenty minutes the capt(»rs
of the Imttery surrendered and were conducted to
tlioir cells, with a loss of five killed and a number of
Wounded.
Many ingenious individual attempts have been
! II.
426
PACIFIC COAST PRISONS.
made at various times to escape, notable among them
being that of E. A. Strickland from San Mateo, who
after three months devoted labor upon his lock, and
having in readiness a scaling-hook and rope, stepped
from his cell only to encounter the six-shooter of the
officer who for several days liad been watching him.
Ten days in the dungeon and a severe whipping M'as
the penalty for this attempt.
The prison commission of Nevada took possession
of the six-cell jail with twenty acres of land, and a
fine inexhaustible quarry near Carson, purchased for
$80,000 on the 1st of March, 1864. The same year
another building with thirty-two cells was constructed
by the convicts at an outlay of only $4,000 besides
their labor ; and several other structures rose during
the following years.
Still more cxcitnig than the escapes at San Quentiii
was that which took place at the I\evada state prisiMi.
Carson, on Sunday September 17, 1871. A well
arranged plan had been formed with the aid, it was
rumored, of several outside and powerful coadjutors.
The projector was a young horse-thief nanud
Clifford, who, in conjunction with a numerous staff,
had for some time been gathering information oi'
routine and Imildings to guide tlio operations, and had
Collected all available scraus of iron and other material
for tools and sluiig-shot.
It was the custom to allow prisoners the use of tlie
western-cell room on Sundays, free from direct super-
vision, and of this they had availed themselves on
two preceding Sabbaths to cut through the ceiling
into the loft, and thence through the wall hito the
adjoining building on the east. A signal had been
agreed upon, and shortly before six o'clock, when tlm
cells were to be locked for the night, the plotters haJ
nearly all crept through the ojiening, and had takm
up positions in the adjoining loft, sixty feet distant,
over the room of the deputy warden, while a few tlo-
termined fellows waited below for the captain of tlio
anii.v
B,
guar
'•atli
ei-.s
(unfr
took
tlirou
witJic
NEVADA PRISON ESCAPE.
m
guard. Soon the jingle of keys called to action ; and
as the captain and his attendant entered they were
stunned, one with a slungshot, the other with a bottle.
Several more jx)unced in to deal the coup de griice,
but merciful sentiments prevailing, they were thrown
into a cell and locked up. The next moment the
convicts were climbing the cell tiers, for the hole, to
join their companions who had already broken through
the ceilinj; in the east buildinjj and were tumblinij
down upon tJie deputy warden. This startled func-
tionary was awed into submission, but soon made his
escape to securer quarters. The noise had caused
no loss consternation on the lower story, where Lieu-
tenant-governor Denver was entertaining a party of
hulies at dinner. Seizing a pistol he rushed out to
meet the crowd as it came pouring down the stairs,
led by ClitFord. The first shot almost crippled the
leader, but the mass pressed onward, overpowering
him, and makhig him the target of his own pistol.
At this critical moment, Deadman, a life convict, who
acted as servant to the officers, and had followed his
master faithfullv, seized a chair, and whirlintr it with
savage fury stretched several convicts on the floor and
l)itchod one over the balustrade. This act diverted
attention and saved the life of the wounded governor;
l)ut his heroic champion had also to succumb to num-
bers, and fell senseless after demolishing another chair
upon the assailants. Meanwhile the bleeding Clifford
led on to the armory, wrenching open the lock with
suspicious ease, and soon the firing aimounced that
arms had been secured.
Believing the prisoners safe under lock and key, the
guard had abandoned itself to the leisure of the Sab-
hath, leaving no sentinel on the wall. As the i)rison-
ers entered the guard-house, there were none to
confront them except the guard Isaacs, who fearlessly
took his stand in the yard with a six-shooter, firing in
through the windows and receiving the return fire
without flinching. His right knee being shattered by
1
lull
"■ til
fai
PACIFIC COAST PRISONS.
a bullet, he coolly leant over upon the left leg, and
continued to fire until a shot in the hip brought him
down, fatally wounded. Struck with admiration at
his courage, the prisoners refrained from doing him
further harm, and merely secured his pistol. The
resolute stand of the guard had caused many irreso-
lute convicts to return to the shelter of their cells, and
soon a reenforcement of three ijuards and two citi-
zens came up. Two of the guards were speedily
placed hors de combat, while a citizen, whose rash-
ness led him too near the windows of the guard-house,
received a bullet in the head from which he did not
recover.
During the confusion Denver's little daujfhter found
her way into the yard, and ran heedlessly into the
range of the fire, as if to shield the brave Isaacs. A
French prisoner, employed in the guard-room, rushed
forward on seeing the danger of the little one, and
bore her off, leaving the terrified mother in an
agony of doubt whether her child had not escaped
one danijcer only to encounter another. A youni;
woman had also noticed the child, and impelled by
feminine devotion, she had followed, only to flutter in
bewilderment over the blood-stained ground before
the windows with the belclihit; guns. Once more the
gallantry of La Grande Nation was displayed as the
Frenchman dashed to the rescue. Of the reenforce-
ment one citizen alone remained unscathed.
A man with a buggy who happened to be at tlie
prison when the firing began, hurried to town to give
the alarm ; but before the sheriff and his dozen f dlow-
ers arrived, twenty -nine of the most desperate con-
victs had escaped, some badly wounded, leaving
behind forty -three comrades who had been restrained
by force and fear, or whose term was nearly expired.
A large force of citizens also appeared equipped from
the state armory, followed by two militia comi)anies
from Virginia city, who were already in pursuit in
different directions before midnight.
FUKTHER NEVADA ESCAPES. HI
Guided by a big negro the majority of the fugitives
sought the mountain range to the east, but shortly
after, small parties were reported at various points,
demanding food and clothes, or obliging some black-
smith to remove their irons. Some appeared at an Ind-
ian camp, where two assumed the dress of the warriors,
and a third donned the habiliments of a female
aboriginal. The conuniseration of a ranchero was ex-
cited by meeting a man devoid of all clothing save
his drawers, shivering before the piercing wind which
swept the valley during the night. A l»arty of six
came upon a German charcoal burner, and tying him
to a tree they made off with his four horses. In this
position he was found six hours later by pursuing citi-
zens, muttering vengeance loud and deep.
Despite the pressure of hunger and weakness from
long confinement the convicts baffled their pursuers
for a long time, while reports of robberies and nmrders
poured in from all directions. After a reprehensible
delay of eight days a reward was offered of $200 or
8300 per head. This proved an incentive, and sev-
eral captures were made, although not without desper-
ate encounters wherein three citizens lost their lives.
In one place three ranchmen followed four armed con-
victs, and watching their opportunity they covered
them with rifles. The prisoners offered the tempting
bribe of $2,500, to be released, assuring the captors
tliat a secret message to a certain person would be re-
sponded to by a masked man who should pay the
money. Although tempted to secure this accomplice,
and j>erhaps the money, the captors preferred the
surer reward of $900. The story was connnented
upon as indicating powerful coadjutors, and the inac-
tioji of the deputy warden during the melee was se-
verely criticised.
At 3 o'clock p. M. the 28th of October, 1877, an-
other break occurred in the Nevada state prison
which narrowly esca|ied being a serious aft'air. A
deputy warden, MattheWisjn, on entering the slioe-
■1 %' H
430
PACIFIC COAST PRISONS.
I
shop was seized by six convicts and borne to the
ground.
" Liberty or death," they cried. ** You die, but we
will be free."
" You had better be quiet," said Matthewson,
" You will be shot."
Meanwhile Gonard, a captain of the guard, had
been seized by three prisoners, who told him if he
would go quietly with them he should not be hurt.
Gonard likewise expostulated, telling them such ac-
tion would bring upon them certain death. The
prison-breakers all belonged to the shoe-shop, and
were armed with knives, by one of which the keeper
was cut in the groin.
Both parties now endeavored to reach the gate ; but
the alarm was given and the i;uard stood firm. The rinjjj-
leaders were fired upon, and several of them fell, one
Johnson fatally wounded. Mathena, who was badly
injured, when captured cried, "I am lostl My
last chance is gone I " and endeavored to kill himself.
In Oregon the first convicts were hired out to re-
sponsible persons for support and safe-keeping; but it
soon became apparent that a penitentiary was needed,
and during the legislative session of 1851 three com-
missioners were appointed to superintend the erection
of a building. Nothing was done, however, before
the meeting of the legislature of 1852-3, when an-
other trio was appointed which set to work with a
will, and in 1856 an $85,000 building stood ready.
The leasing system was resumed between 1859 and
1862 after which the governor became ex-officio su-
perintendent. Since 1864 every governor has ap-
pointed a superintendent. In 1866 the state prison
was fixed at Salem, the present site, and a wooden
jail erected at a cost of $38,000. In 1870, $50,000
was granted for a more substantial brick edifice of
two stories, with basement, and two wings each 160
feet in length. The wooden prison formed one of t)ic
OREGON, WASHINGTON, AND IDAHO.
431
workshops, devoted to carpentry, tannery, worked
with the aid of water power. In 1874, 150 acres of
garden and farm land were already under cultivation,
and this, together with the brick-making department,
helped considerably to sustain the establishment, so
much so, that the earnings of the two years 1873-4
amounted to $65,260 and $65,269, while the expenses
were but $78,047 ; but the average number of pris-
oners for the two years was a little over 100 with not
a single female.
The morit-book system worked well. When a pris-
oner had earned not less than four marks, and not
over six, during the six months, he received a credit
of one day for each mark. When such credit-marks
were earned during the succeeding semesters, he re-
ceived an additional day for each, until five days had
been gained for each mark. This time was deducted
from the sentence, while the allowance was lost by
breaking rules or attempting to escape. At the ex-
piration of his term he received fifty cents for each
credit mark, less loss of tools, loss of material, and
waste.
In 1861 the Oregon state penitentiary received the
convicts from Washington at $3 75 a week, the lessees
liaving liberty to work them at times. In 1871 the
Washington convicts were kept at Steilacoom jail,
pending the futile attempts to obtain an appropriation
for a territorial penitentiary upon the twenty-seven
acres donated on McNeill island opposite Steilacoom.
By act of February 22d, 1873, congress made an ap-
propriation, and in November a wing with forty-two
cells was completed at a cost of $37,800. In 1866,
tjie Boise county jail served as territorial prison for
tlie eleven convicts of Idaho. Miners would not em-
ploy them, and no work could be procured wherewith
to make them contribute to the cost of maintenance.
Deer Lodge City, as the pretty little village situ-
ated in the valley of that name is called, is the site
of the Montana penitentiary. The Deer Lodge river
432
rAClFIC COAST rRisoxs.
V.i
is tho principal tributary, or rather, tlio upper part of
tlio Clark fork of the Columbia, which luimo it takes
some 2,000 miles northwest from its source, after hav-
ing rccciv(Hl as tributari(!S the Blackfoot, Bitterroot,
and Flathead rivers, and numerous smaller streams.
The sum of $50,000 was appropriated by congress,
in 18G9, to build a prison at some place to be desig-
nated by the legislative assembly of Montana. Deer
Lodge was the point chosen. Twelve acres of the
public domain were marked off as the site, and th(!
erection of a buildhig was by law placed in cliarge of
tho United States marshal, William F. Wheeler, to
whom I am indebted for these fticts.
The building was completed and accepted in tlic
summer of 1871, the appropriation barely covering
the cost of the stone walls, roof, floor, and fourteen
brick cells, six by eight feet in size, and grating for
the lower windows only. The building was eighty
by forty feet; its walls were two feet thick, and
twent)'-two feet high. A mansard roof afforded room
for a third tier of cells. The building has since been
completed and furnished. A high board fence was
also constructed, enclosing a spaco 300 feet square for
a prison yard. The marshal still retained control of
the building, and on the 2d of July, 1871, opened it
for the reception of territorial and United States
convicts. Twelve criminals were at that time re-
ceived.
Then, and subsequently, besides furniture and fix-
tures of every kind furnished, the United States paid
all prison expenses, the salaries of officers, sui)erintend-
ent, guards, and physician, who were supplied witli
rooms and subsistence, the clothing and food of pris-
oners, fuel and lights, and the territory of Montana
paid the general government one dollar a day for the
keeping of each of its convicts.
Becoming impatient of govermental leading-strings
the territory asked and obtained control from the loth
of May, 1873, to the 1st of August, 1874; by which
MONTANA.
433
fix-
)aitl
nid-
Ivitli
bris-
tana
till'
ings
hicli
time, concluding they did not know how to keep a
j)rison, the JegisTature begged their guardian at Wash-
ington to take back his pretty present, as they found
it somewhat expensive. They had nut guests enough
to make it profitable.
At first the cost to the United States of each pris-
oner, \ter diem, was $1 86, while the territory paid
^'1 03. Back under the management of Marshal
Wheeler agahi, and the Ist of August, 1874, for the
first year the cost was $1 66 a day for each prisoner,
for the second year $1 45, and for the third year
.«;! 36.
"The greatest misfortune to the prisoners," writes
Marshal Wheeler to me the 23d of October, 1877,
"is that they have no regular employment. The
town being so small it does not find it profitable to
hire prison labor, because the prisoners cannot go
outside of the prison-yard, and there is no manufac-
tuiing done in the town. All work on the improve-
ments done about the prison has been done by the
prisoners, and only the material paid for by tlie gov-
ernment. The prisoners make all their own clothes,
C(M»k, saw wood, and do all that is done for the prison
and themselves. They have a great deal of spare
time, and would be glad to be employed. We have
but few books, but get gratis many newspapers and
magazines, which are eagerly read by the prisoners.
All of them have improved in reading, writing, and
the common branches."
For cleanliness, order, and health, the Montana,
prison, though small, was a model. Religious ser-
A ices were held on such Sundays as preaching could
Ik> secured. No severer punishment was administered
than loeking an offender in his cell, feeding him on
bread and water, or if very refractory placing him in
irons. During the first six years, out of eighty -three
prisoners there were four escapes, and one recapture,
leaving in fact three.
The United States marshal was ex-officio superin-
Cal. Int. Poc. 28
Ml
434
PACIFIC COAST PRISONS.
tendent, with a salary of $1,200 a year, and having
for his assistants four guards of his own appointing
and removing, one of whom was called deputy super-
intendent, and acted as chief in the absence of the
marshal. The salaries of the assistants were $1,000
a year each; the physician was paid by fees. All
expenses were paid monthly on vouchers mailed to
the attorney-general with an explanatory letter.
Alaska has had few prison facilities to speak of.
Under the Russian regime, malefactors were confined
at the forts. For a time after American occupaticn
the only civil rule was the local municipal govern-
ment of Sitka, and that was maintained without
authority of law.
Under an act of congress in 1853, A. W. Babbitt,
then secretary of the territory, was authorized to
expend $20,000 in building a penitentiary for Utah.
The building was placed in what was then known as
the Big Field Survey, made under the provisional
laws of the state of Deseret. The building was com-
pleted in 1854; Daniel Caru was elected warden, and
Wilford Woodruff, Albert P. Rock wood, and Sanmol
R. Richards inspectors.
There was in prison an average of nine prisoners
for some time, many coming and going, and but few
serving out their term. These new villains cost the
new territory about five thousand dollars a year. They
could have been hanged immediately after conviction
for less money. As the years went by, and the gen-
eral government failing in its appropriations, the build-
ings became somewhat dilapidated, and there were
several escapes.
Prior to Juiy, 1875, Arizona had no prison. Tie
judge in sentencing criminals named some county jail
as their place of confinement, and of such prisont i.s
the sheriffs of the respective counties had charge.
No state convict up to this time had ever served liis
full term, but alwavs escaped. In 1875 the legisla-
ture passed a law locating the prison at Yuma, and
XJTAH AND ARIZONA.
435
appropriating $25,000 for building purposes. Con-
victs were kept in the Yuma jail up to July 1876,
when they were removed to the prison then ready.
There were then seven only, and during the next six
months three more were added, making ten prisoners
in the Arizona penitentiary on the 1st of January
1877.
CHAPTER XIX.
SOME INDIAN EPISODES.
Believe me, it is not necessary to a man's respectability that he shonld
oommit a murder. Many a man has passed through life most respectt..'; ,
without attempting any species of homicide. A man came to me as the can-
didate for the place of mv servant, just then vacant. He had the reputation
of having dabuled a little in our art, some said, not without merit. What
startled me, however, was, that he supposed this art to be part of the regular
duties in my service. Now that was a thing I would not allow. So I said
at once, ' if once a man indulges himself in murder, very soon he comes to
think little of robbing '; and from robbing he comes next to drinking and
Sabbath -breaking, and from that to incivility and procrastination. Once ])e-
gin upon this downward path yon never know where yon are to stop. Many
a man has dated his ruin irom some murder or other that perhaps he thought
little of at the time.
— De Qmncey.
The natives of California were quick to learn the
purchasing power of gold, but they did not thereby
become greedy of it like their white brethren. When
they wanted a sack of flour, or a few pounds of to-
bacco, or a bottle of brandy, some of them went to
the river and washed out the gold necessary for their
purchases. They were badly cheated at first, having
no knowledge of the value white men put upon the
metal, and they would as readily give a handful of it
as a smaller quantity, if they had it, for whatever
struck their fancy, something to eat, or to drink, a
gaudy handkerchief, or a garment.
Time and intercourse with the more cunning race
sharpened their wits a little. Then they adopted a
method of their own in making purchases. In parties
of five or ten they would first stroll through the storo,
carefully observe several articles, and settle in their
own mind what they would buy, but saying nothing
to the shop-keeper. Then they would retire to a little
(486)
distj
groi
tJiey
retuj
their
ITpoi
perhj
the s
Jate,
give
well ;
crease
eratioi
the ai
wliich
buy bi
they w
ing mo
each tij
until ti
The
Califori
In the
blanket
or $5
shopkee
of sava^
a<'orns,
ill tile gi
i"g 1500
liandken
st^rape.
h()])pers,
pound;
While
on the S<
to his cai
f«d belt
^^ught it
STANISLAUS GAMBLERS.
4S7
distance, and seating themselves in a circle on the
ground gravely discuss matters. One after another
tliey then went to the store and made their purchases,
returning afterward to their place in the circle. And
their method of barter was frequently in this wise:
Upon a leaf, or piece of paper, one would pour out
perhaps a teaspoonful of gold-dust, and taking it to
the shopkeeper, point to the article desired and ejacu-
late, ughl which being interpreted meant, "I will
give you this for that.' If the shopkeeper took it,
well ; if he refused it the Indian would withdraw, in-
crease the pile of dust, and return, repeating the op-
eration until the amount was large enough to procure
the article. Again, if it was biscuits they desired, of
which a teaspoonful of dust in the days of '48. would
buy but half a dozen, and they wanted several dozen,
they would go and come, never at any one time bring-
ing more than the first measure of dust, receiving six
each time until they had secured all they required, or
until their dust was gone.
The Mexican serape was quite becoming to the
California root digger, and took his fancy wonderfully.
In the absence of a serape, however, an American
blanket would do, and for this, of a quality worth $4
or $5, they cheerfully paid Weber, the Coloma
shopkeeper, $100. Before the end of 1848 thousands
of savages, who up to that had lived on roots and
acorns, and had paraded the forests as naked as Adam
ill the garden, were arrayed in gorgeous apparel cost-
ing $500, conspicuous in which was gaudy calico, red
handkerchiefs, hat, shirt, pantaloons, and blanket or
serape. For food, in place of acorns and mashed grass-
hoppers, they purchased almonds and raisins at $16 a
pound; and for a bottle of whiskey they paid $IG.
While the Reverend Mr Colton was playing miner
on the Stanisla'j!), in the autumn of 1848, there came
to his camp three wild men, attracted thither by a
rod belt which each of them wanted ; so they first
bought it and then gambled to see which should have
i ''li
438
SOME INDIAN EPISODES.
it. "They could speak only their native dialect," said
Colton, "not a word of which I could understand.
We had to make ourselves intelligible by signs. They
wanted to purchase the belt, and each laid down a
piece of gold, which were worth in the aggregate sonic
$200. I took one of the pieces and gave the Indian
to whom it belonged the belt. They made signs for
a piece of coin. I oft'ered them an eagle but it was
not what they wanted ; a Spanish mill dollar, but they
wanted something smaller; a fifty-cent piece, and
they signified it would do. Taking the coin they
fastened it in the end of a stick so as to expose nearly
the entire circle, and set it up about forty yards dis-
tant. Then they cast lots, by a bone which tliey
threw into the air, for the order in which they should
discharge their arrows. The one who had the first
shot drew his long, sinewy bow and missed ; the sec-
ond, he missed ; the third, and he missed, though the
arrow of each flew so near tlie coin that it would have
killed a deer at that distance. The second now shot
first and grazed the coin; then the third, who broke
his string and shot with the bow of tlie second, but
missed. And now the first took his turn and struck
the coin, whirling it off" at a great distance. The
other two gave him the belt which he tied around liis
head instead of a blanket, and away they started over
the hills full of wild life and glee, leavinif the coin as
a thing of no importance in the bushes where it had
been whirled."
To the discharged volunteer, Henry I. Simpson,
who was there in August 1848, the natives at work
near Mormon island appeared exceedingly singular,
They " were dressed in strange fantastic guise ; in-
stead of the breech clout, which used to be tlieir chief
article of the toilet, gaudy calicoes, bright colored
handkerchiefs, and strips of red cloth were showily
exhibited about their persons. The first party with
whom we came up, consisted of an old Indian with
his squaw, and a youth about fifteen ; they seemed to
ABORIGINAL MINERS.
43d
be working on their own account, though most of the
Indians work by the day for some employer, who
furnishes them with food, and pays a regular p«3rdiom
— sometimes as much as twenty dollars a day, but
more generally at the rate of an ounce and a half of
gold, the current rate of which is from ten to twelve
dollars per ounce. When we came within sight of this
party, they were in a short, deep ravine, very busily
employed digging with small machetes, or Spanish
knives; and as soon as they perceived us, they looked
with some vexation of manner, as though they feared
we were coming to interfere with their rights of dis-
covery. I may here remark that a nice regard is al-
most always had for such rights. A party finding a
good bed of gold, is seldom or never interfered with
by others — at least the immediate vicinity of their
operations is not trespassed upon. As an evidence of
this feeling of natural justice, I learned that there
was, at the mill of Captain Sutter, a fine bank of de-
posit which had not been touched, out of respect to
the rights of the captain, who, of course, had no real
ownership in the matter. The Indians soon became
satisfied that we had no intention of trespassing, and
began their work again, the old fellow jabbering away
in bad Spanish in reply to our inquiries. He had
about his person, in an uncouth-looking buckskin
poucli, from six to eight ounces of gold, as I should
judge, which he exliibited with some exultation.
While we were engaged with the old man, the boy,
who had progressed some few yards ahead in his work,
uttered a sudden, ugh I which is tlie Indian expression
of wonder. We all turned toward him, and saw hiin
holding up, with an expression of irrepressible delight,
a large lump of gold incrusted with earth and gravel,
which seemed as big as a man's fist. The old fellow
rushed toward him with quite an un-Indian-like eager-
ness, and taking it from his hand, commenced rapidly
cleaning it of the dirt and gravel, which he accom-
plished with peculiar skill, and in less than a minute
440
SOME INDIAN EPISODES.
exhibited to us a lump of apparently pure gold, which
I should judge weighed at least six or seven ounces.
We all examined it closely and with open admiration.
Whether it was a craving of avarice that seized my
heart, or because I admired the specimen as one of
the finest I had seen, I will not pretend to
determine; but, as it was, I felt a strong de-
sire to possess the piece. I suppose my feelings were
legible in my countenance, for the old Indian looked
knowingly into my eyes, and then, after a few words
in his own language with his squaw, he took the gold
in his hand and proffered it to me, taking hold, at the
same time, of a bright scarlet sash which I wore
around my waist, thus evidently offering a trade. ISIy
sash was a fine one, and though worth by no means
the intrinsic value of the gold, would perhaps have
sold for much more in that region, for the Indians
had been known to gratify their fancies at much more
exorbitant prices : it was not this, however, that
made me hesitate, but rather that it seemed like s}iec-
ulating upon the ignorance of the savage. ' Take it,
Harry,' said Charley to me, ' I do not like to im-
pose on the old fellow, Charley,' said I. * Pooh,
some less scrupulous person wiii sell him a few yards
of printed calico for it ; so it amounts to the same
thing in the end.' Doubtless the Indian thought
that our hesitation arose from a desire to enhance my
demand for the sash, for he held a few minutes longer
consultation with his squaw, and then commenced un-
doing his pouch, as if he intended to offer an additional
price. I shock my head, however, to indicate tliat
he should stop, and undoing the sash I gave it in ex-
change for the gold. Certainly vanity is a sweet
morsel to the human heart ; even the habitual stoicism
of the savage yields to its magic influence. No sooner
had the old man obtained possession of the coveted
treasure, than both his wife and son gathered around
him, forgetting entirely their work in extravagant
admiration of the gaudy plaything they had purchased
80 fai
joym(
Sa
1848*
"On
refresi
tlian
small
and re
knocks
meat,
lizatior
liowevc
has nij
Woman
warm v
^\oods.
among
•'*^ts as i
wliicli s
In a
approac
cxperiei
Indians
vesting
the whit
been o
and the'
th.Qy wt*
prices in
this, the^
a'ld dig I
^\'ag(^ns r
of all kii
one hunc
^i'hI joine
Tlie first
Island, oil
SUTTER ON INDIANS.
441
BO far beyond its value. We left them to their en-
joyment, and proceeded on."
Says one who visited the Stanislaus in October
1848 of some natives he saw at Wi»rk in that vichiity:
" On the plain we fell in with the camp of Mr Mur-
phy, who invited us into his tent, and set before us
refreshments that would have graced a scene less wild
than this. His tent is pitched in the midst of a
small tribe of wild Indians who gather gold for him,
and receive in return provisions and blankets. He
knocks down two bullocks a day to furnish them with
moat. Though never before within the wake of civi-
lization, they respect his person and property. This,
liowever, is to be ascribed in part to the fact that ho
has married the daughter of the chief — a young
woman of many personal attractions, and full of that
warm wild love which makes her the Haideo of the
woods. She is the queen of the tribe, and walks
among them with the air of one on whom authority
sits as a native grace — a charm which all feel, and of
which she seems the least conscious."
In a melancholy strain, which, coming from him
ai)proaches tiie grotesque, Sutter thus describes his
experiences in mining with the natives : " Even the
Indians had no more patience to work alone, in har-
vesting and threshing my large wheat crop out, as
t];c white men had all left, and other Indians had
been engaged by some white men to work for them,
and they commenced to have some gold for which
tliey were buying all kinds of articles at enormous
prices in the stores; which when my Indians saw
tills, they wished very umch to go to the mountains
and dig gold. At last I consented, got a number of
wagons ready, loaded them with provisions and goods
of all kinds, employed a clerk, and left with about
one hundred Indians, and about fifty Kanakas who
had joined those I brought with me from the Islands.
The first camp was about ten miles above Mormon
Island, on the south fork of the American river. In
il
!■
442
SOME INDIAN EPISODES.
a few weeks we became crowded, and it would no
more pay, as my people made too many acquaintances.
I broke up the camp and started on the march fur-
ther south, and located my next camp on Sutter
creek, and thought that I should there be alone.
The work was going on well for awhile, until throe
or four travelling grog-shops surrounded me, at from
one and a half to two miles distance from the camp;
th3n of course, the gold was taken to these places,
for drinking, gambling, etc., and then the following
day they were sick and unable to work, and bocauie
deeper and more indebted to me, and particularly tlio
Kanakas. I found that it was high time to quit this
kind of business, and lose no more time and nK)ncy.
I therefore broke up the camp and returned to the
fort, where I disbanded nearly all tlic people who had
worked for me in the mountains diyctxinij yrold. Tliis
whole expedition proved to be a heavy loss to me."
One Sunday in August I80O, in tlie town of Sonora,
a person called Cave in conversation with a gambh r
named ^lason, pointing to an Indian wlio was loun.;-
injj about the street, offered to lav a wager that lie
could induce the native to rob or kill lum. Mason
accepted the offer. Cave then drew the native aside,
told him that Mason had a larjjje sum of monev liidden ;
told him where he should find it, and that if he would
rob or kill ISIason he should have half of it and no
harm should befall him. Placing an unloaded pistol
in his hand Cave urged hhn on to the consununation of
the deed. Irresolute, bewildered, worked upon more
by the exhortations of Cave than any desin^ to do
wrong, the native hesitatingly entered Mason's house,
looked around and came out without touching a thing.
Mason was watching for him and as soon as he was
fairly on the street again shot him dead.
For specimens of Indian warfare we must go nortli.
The natives of California valley were a mild race,
and when the miners shot them down the survivors
seld(
bord
quite
peop
digni
Di
iiig fi
ei-n (
si>irit(
no w<
Coi
bv tlu
and S
cry, ai
invadii
.strono'(
iSIiasta
tlie R,)
to the
Jo; til
Tijisey,
diplomt
Whi,
time
Soineti
IH'acom
On
Work ni
wJiite ni
f'oine in
Women,
j'lg 'sti(
land yoi
Card
ity, tellj
same ol
J"1I1," h
"lortisin
cominor
o
o
t
SULUX THE SHASTA.
4«S
seldom retaliated. In the vicinity of the Oregon
border, however, on both sides of the line, it was
quite different. The inhabitants were a bolder, braver
people, wiio would not tamely submit to every in-
dignity.
During the year 1852 there were several now niin-
in*; fields discovered in nt)rthern California and south-
eru Oregon, and the natives thereabout bein<j: high-
spirited and strong, and the miners overbearing, it is
no wonder there were many outrages on both sides.
Conspicuous among the savages was a Shasta, called
by the white men Scarface, and another named Bill,
and Sullix the bad-tempered, who in cunning, treach-
ery, and cruelty, were equal to any of the white men
invading their domains — only the latter were the
stronger. E. Steele, of Yreka, was a favorite of the
Shastas, who named him Jo Lane's Brother. Among
tlie Rogue river chiefs, some of whose people belonged
to the Shasta nation, were Tolo and Jolm, Sam and
Jo ; then at the foot of the Siskivou mountains, was
Tipsey, or the Hairy, second to none in war and
diplomacy.
White men imposed upon the Shastas, and from
time to time these chiefs had killed white men.
Sometimes Steele played successfully the part of
pt'acemaker ; oftener there was fighting.
(hi one occasion, while a surveying party was at
work in his vicinity, Scarftice said to them, "You
white men who are so good and so great, v.liy do you
come into our countrv and kill our men, ravish our
Women, and go around witli a com[)ass and diaiii cry-
ing * stick, stuck,' set up a few stakes and call the
land your own when you have not paid a cent for it^"
Cardwell, an old Indian-fighter of that vicin-
ity, tells many stories of this aboriginal. "This
same old Sullix sat upon one of the sills of my
mill," he says, "while I was at work boring and
mortising on it, watching the road alive witli men
counng into the valley after the discovery of the
«•
444
SOME INDIAN EPISODES.
Jacksonville mines, and he remarked to me that it
had never been the intention of the Indians to give
up the country, but they had meant to let a few
whites settle here, and get as nmch property around
them as tliey could, and then go to work to wipe
them out; but ihey were discouraged by the unex-
pected influx of people. He then consoled himself by
telling me one of his adventures. Some time a^o,
with two other Indians, he was on the Klamath
river, and late one day they saw two white men slip-
ping along and trying to avoid being seen. He and
his companions watched them, and observing where
they camped that night, stole up and murdered them
both. He seemed to rejoice over the bloody deed.
'But now,' said he, *we have waited too long to
carry out our design ; the whites have overix>wered
us.' He would work himself nito a great rage talk-
ing of these things ; his eyes would fauly turn green.
When he told me of the murder on the Klamath, I
came near striking him with my chisel ; and I then
and there made up my mind that if an opportunity
ever presented I would kill that Indian. I afterwards
had the pleasure of shooting him, but it did not kill
him. This was in the subsequent Indian troubles."
Cardwell states further that a few days after he
had selected his mill site at the present town of Asli-
land, Tipsey's band had a quarrel with a Shasta band
over on the Klamath, in which Tipsey was wounded
in the chin, and two of his men were killed. The
bloody arbitrament having proceeded thus far peaceful
negotiations were begun. The money value of the
dead Shasta was about equivalent to Tipsey's chin. On
the other side a Shasta chief was killed. "They set-
tled the matter," continues Cardwell, "by standing oif
the two chiefs, but several horses were demanded by
Tipsey in payment for his two braves killed, with the
understanding, however, that if Tipsey recovered, the
horses were to be paid back as indemnity for the death
of the Shasta chief. Tipsey recovered, and the
Shas<
niand
and S(
the S
numb«
also n
each 8
battle
Mr Li
The S]
and th(
fire at
fifteen,
and go
yards (
number
and sho
the field
three da
tlay. T
us in al
(German
At n()
found nil
tJto Indii
Com in
devastati
hor 9tli,
house of
of courte
t'hild the]
As the
t') it, Mi
that ther
She was
Xew Yor
some time
fluently,
ers of pen
THE SHASTAS IN BATTLE.
415
Shastas came over, about one hundred strong, and de-
manded the horses. Tipsey refused to deliver tliein up,
and sent to Butte creek for help, determined to give
the Shastas battle. The reenforcements swelled the
number to about one hundred and fifty. The Shastas
also received reenforcements, making the number on
each side about the same. Their manner of going to
battle was extremely diverting. The prairie where
;Mr Lindsay Applegate's farm is, was the battle-field.
The Shastas were collected on one side of the prairie,
and the Rogue Riv( vs opposite. Each built a large
fire at the place wuere they were assembled. Ten,
fifteen, or perhaps fifty would start out from one side
aiul go scampering across to within sixty or eighty
yards of the opposite party, when about the same
number would start after them, chasing them back,
and shooting at them all the way to be chased over
tlio fields in their turn. This kind of warfare lasted for
tliree days, the contestants fighting about six hours a
day. They then compromised the matter, reminding
us in all this of the highly rational way France and
Germany have of settling their quarrels.
At no period in the history of savage warfare are
found more brave deeds by heroic women than during
tlic Indian troubles of 1855.
Coming down the Rogue River valley, spreading
devastation on every side, on the morning of Novem-
ber 9th, a large band of savages appeared before the
house of Mr Wagimer, who was absent on a mission
of courtesy to Sailor diggings, leaving his wife and
child there alone.
As the Indians approached the house, and set fire
to it, Mrs Wagoner knew that her fate was sealed,
that there was no escape from death or dishonor.
She was a beautiful woman, educated and refined,
New York being her native state, and having been
some time on the frontier, she spoke the local dialect
fluently. But she made no attempt to use her pow-
ers of persuasion at this juncture, knowing that such
44S
SOME INDIAN EPISODES.
effort would be useless. Tlio eneiuiesof her race were
at her door; they were savanrfs, iimddeiied hy yours
of wrong and the shedding of much innocent Wood.
Tlieir wives and daughters liad been outraged and
slain by the white men ; for a brief moment they
might enjoy revenge.
Barring tlie door, and refusing admittance to any,
refusing even to parley, she proceeded (juietly to ar-
range her beautiful hair, and dress herself with neat-
ness and decorum, as if for an important occasion;
then drawing to her the child, and f .Iding it to lier
heart in the last embrace this side of eternitv, she
seated herself in the middle of the rot)m, took the
child in her lap, pillowed its head upon her breast,
and thus, while singing to it a lullaby, she met her
doom. She heeded not the approaching flames; slie
heard not the savage yells; nor was she conscious of
the glittering eyes that peered at her through the
crevices of her cabin. Already in spirit she was far
away from that horrible scene, safe with her child be-
yond the skies.
The leading events of the insurrectionary niovo-
ment of the Modocs I have presented in my general
history, but the subject is worthy of more extendid
treatment than I was able then to give it. I have,
therefore, reserved sufficient space for fuller detail in
this volume.
To the early incomers the Modocs were a wild, un-
known people, and scarcely ever seen. Indeed,
Modoc is a Shasta word, signifying stranger, or hos-
tile, and so was taken up and a[)plied to these savages
by white men hearing the Shastas speak of them.
When Superintendent Huntington made the treaty
of 1864 with the Klamaths and Modocs, that portion
of the latter tribe which lived on the border of Cali-
fornia, and acknowledged Keintpoos, — individually
known in the settlements as Captain Jack — for tin ir
chief, he had no great difficulty in gaining the consent
of til
even
tlu; ol
that J
unfittt
hud rl
KhlMlU
in tJie
conseqi
nwn ; a
I'"rtuni
'i'Jicy \v
that it
ino/iy n
Some
mining c
t'Hvn Jioi
J'-'"glisIi
^var beini
^vere Jed
str-engtJi
'h' huccv
I'll is idea
ii'»tives,
^i'I>erintt
duties of
and the ]V
chin, pre
northern '
^■'''i<ly beg
white niei
•;i>i' rations
^'•^hiiient <.
ft'e known
U'v.s, toget
^■'<>us of th
these India
'"»-''i, and t.
KEXTIPOOr, or. tAITAIX JACK.
447
of this pcrsonajTo to tho tonus of tlio treaty. Yot
evoii tlien, circuiiistanocs existojl wliioli would luako
the observance of the conditi«uis «)f tlio treaty excud-
iiijily irksoiiio to Captain Jack, wln> had aetjuired
tliat love of civilized as well as savage viei's wliii h
unfitted him for oncagement on a res( r' ation. The
hud character of the Sliastas, Pit Klvers, Lower
Klanmths, and other trihcs occu}>ying tho country
in the vichiity of tlie mines, was not altogether in
consequence of their association with vicious white
men ; such asst)ciation, however, gave them every op-
jK»rtunity to practice whatever vices they might have.
They were so given to quarreling among themselves,
that it was only when at war with others tliat har-
mony reigned in the household.
Some of these savages were always hovering about
mining camps and were often emi)loye<l us servants in
town houses. They had a good unck'rstanding of the
English language, and were not unaware of the civil
war being carried on at the east, from which they
were led to believe the white race, of whose numerical
strength they had a feeble idea, was in a c«>n(lition to
he successfullv attacked and possiblv exterminated.
Tills idea prevailed t:> a great extent among all the
natives, from the Missouri to the Pacific. When
Superintendent Steele of California, entered upon the
duties of his office, in 18G3, he found the Klamaths
and the Modocs, under their chiefs Lalake and St hon-
cliin, preparing to make war upon the settlers of
northern California and southern Oregon, having al-
ready begun stealing cattle and plundeiing and killing
wjiite men travelling thnm^h their countrv. The
operations of the 1st Oreg<m cavalry and the estab-
lishment of Fort Klamath to prevent these outrages,
are known to the readers of my history. These iiieas-
uies, t»)gether with the killing of two of the most vi-
cious of the Klamath sub-chiefs, resulted in bringing
these Indians to a realization of the power of the white
men, and the necessity of a treaty.
448
SOME INDIAN EPISODES.
Ill February 18G4 these border Indians, who be-
longed some to California and some to Oregon, but
who knew nothing of the 42d degree of latitude whicji
formed the boundary between, and who wcr'^ in tlio
habit of visiting Yreka, the residence of Superintendent
Steele, being led to fear that they would be punished
by the Oregon troops for their misconduct, sought
tiie advice of Steele who made with them a sort <f
treaty of friendship and peace. This treaty was inude
solely with Steele, and witnessed V)y a justice of tl e
peace, E. W. Potter, and the sheriffc;f Siskiyou county,
D. Kearn. It required of the Indians nothing but
their promise to live in peace among each other and
with the white men, to refrain from killing, and steal-
ing from members of tlie several tribes, and from in-
terrupting the travel of individuals of one trihe
through the country of another. Tlie penalty for
breaking this promise was to be given uji to the sol-
diers f )r punishment. They were retjuired to respe( t
the lives and property of white men, negroes, and
Chinamen, allowhig them to pasb thnmgh the country
claimed by them without molestation, or being taxed
for right of way, or robbed of their property or mon(y,
but they were permitted to charge a fair price for
ferrying travellers across streams, or acting as guides
if desired to do so.
They agreed not to get drunk wlien they came to
the settlcmentw, nor to steal while on these visits, nor
to rob tlie sluice-boxes of Chinamen, but promised to
remain out of town at night in tlu ir own cam] is.
They also promised not to sell tJieir own or the cl.i!-
dren of other Indians, or to sell their women to wliitc
men unless the purchasers would go before a just id'
and marry^ these women, nor to bring their arms into
the settlements, except to be repaired. On the ])art
of the white people it was agreed by Steele that tluy
should be protected when they came to the settle-
ments; but thty were counselled to obtain passes
from the officers at the forts, and the ^lodocs and
Klanij
tlie in
at Foi
Tlie
to jjial
fe.ssioi)
bo quei
s "verit
bis jud
tlie mo
wiiJi tl
!>een in
time, .si
tjjat {)ui
K la mat
should ]
<onj))re]
f^tnietioi
It is (
in FebrL
«cttleniei
f"»und ju,
i!i prosti
^'aj)tnii
'•V tJie (>•(
•lotlocs 1
was conij
'I'ibi's, aiii
ill Nv!|;;t \\
foriiMTjy ■
.^I'-'iiits wl
•')iid from
into Vivk,
I'lf .'ittacli
wliieli Avo
'^"st Kivt
''•'•^i,!.i"Med tl
y'''^^<! Jiim I
"^ the ]\r<
Cal.
MOiXXJS ANO KLAMATHS.
449
Klainaths wtro informed that they were subject to
th(3 iiis[)ecti<)n, protection, and restraint of the officers
at Fort Klamath.
The motive which led the California superintendent
to make a treaty witli Indians whom, by his own con-
fession, he knew did not belong to his district, might
he (pustioncd — indeed was questioned afterward, with
s verity; but there was no reason to doubt that to
liis juilginent he seemed to be doing what was best at
the moment. But he was not unaware that a treaty
with the Klamatlis and Modocs had for a long time
!»ern iu contemplation; and was likely to occur at any
time, since congress had made an appropri.ation for
tliat i»urpose, an<l the Klamatlis had been fed at Fort
Khimatli during the winter; and his long experience
slioiild have told him that savages are never able to
( (tn))>rehen(l, nor ever willing to \;'>nsentto receive in-
structions from twt> sources.
It is easy to see how the treaty made with Steele
ill February, which permitted the Indians to visit the
settlements, where, in s[)ite of their promises, tiny
f.)Uiid means to carry on their former r.ofarious trade
ill prostitution, should have affected the aitituck^ of
('a}itaiii Jack and band toward the treaty authoriznl
liv the urovernment, and made with the Klamatlis and
Modocs in October following. Tliis baml of Modocs
was conijiosed in part of vii-ious renegades from other
tiihes. and )iad their home about TuK; and Clear lukt'S,
ill \vli;:t was known as the Lost River countrv, where
tir;a"rlv thev used to lie in wait for parties of emi-
'jrants whose road lav around the shores of the lake,
and from which they now had an easy and short road
into Yreka and the mining settlements. Achnitting
tlie attacliment of aboriginals to particuhir localities,
wliicli would make them ri'luctant to remove from
liost River, Captain Jack could nt)t willingly have
resigned the advantages which the tn^aty with Steele
gave him over that which Sconchin, the head <-hief
of the jVIodocs, agreed to accept from lluntlngt«»n;
cal. 1st. i'oc. a*
iis
450
SOME INDIAN EPISODES.
and it very soon was understood tliat though Jack
ha<l signed the treaty witli the other chiefs, he had
no intention of keeping it. This probable repudiation
of the treaty during tlie interval before it was known
to \w ratified bv congress, and btifore the agencv was
well established, was not, however, a subject of serious
concern.
In the meantime they wore not keeping their agree-
ment either with Steele or the United States. In
the autunm of 1807 two of them were apprehended
by Agent Applegate, and placed in chains at Fort
Klamath, for distributing annnunition to the hostile
Snakes; and in the following vear, having refused to
come on the reservati<m, military aid was asked to
comp(^l them to remove. In 1801) the settlers of Sis-
kiyou county petitioned (xeneral Crook to remove the
Mod(»cs to the reservation, as their presence in tliat
district was detrimental to the interests of the people.
Ill rt'i>ly. Crook stated that the Modocs woi'lf' have
been removed before tliis, but for a report f f' the
former connnander at Fort Klamath that the Indian
department ditl not supply sufficient food there, and
that they would not submit to remain uiion a reserva-
tion where they were not fed, and could kill but little
game. After some weeks, however, (leneral (^t<m»1<,
on the demand of Superintendent Mea?ham, ordered
the commanding ottie(T at Fort Klamath, Lieutenant
Goodal(\ if he believed the Indian department pre-
pared to take charge of them in such a manner as to
give no cause of complaint, to bring Jack and \\\^
band upon the reservation.
Accordingly, in ]>ecenilH>r. Meacham, accompanieil
by a detachment of troops from the fort, re[)aired ti
Stone Hridge, on Lost river, where he met (^aj)taiii
Jack and his band, and informed them of the purpo-'
of the government to insist on his observance of tli--
tri'atv. During tlu; ni>j[ht followinijf the council. Jai k.
with a few of the most desperate characters in liis
following, left the camp and tied to the lava beds.
on tlie
^^eorge
the liar
fis Jack
tliese, I;
him, af
two or i
the resj
George,
Meacl
f>'> uj>pe]
J>orarily
wliere tli
W- gave
and on tJ
new agen
^''•'ing tJi;
sul)sisten(
f<»u]d not
nient, mi
'Substitute
*>nly at K
♦astern O
California
As if t(
Jninianity,
J'l'essjon'u
^•''ve<I am
•'"ippliod, r
''<lis, and
^<iiid influ(
•^l»nng Jio J(
^\v<» IiundrL
liver to fis
And it was
t > compel t
f"f<>nnatior
'''•^'<ling at
"l">'i tJie ofl
SUPERINTENDENT MEACHAM. «n
on the south side of Tule lake, leavinj^ two suh-chiefa,
(Joorge and Kiddle, with the women and children, in
the hands of the superintendent. Meachara did not,
as Jack hoped, return at once to the reservation witli
those, but remained in camp, and sent m«^ssengers to
him, after wliich diplomatic correspondence, lasting
two or three days, Jack finallv consented to vco witli
the rest upon tlie reservation, saying, however, to
George, that he did not intend to stay.
Meacham established Jack's band at Modoc point
on ui)pcr Klamath lake, where Sconchin also was tem-
j)orarily located before removal to Camp Yainax, and
where they were to all appearance contentedly settled.
Ha gave them a supply of clothing nnd provisions,
and on the 1st of January, 1870, turned over to tlie
new agent at Klamath, (). C. Knapp, the business of
stehig that Crook's fears concerning their conifortablo
subsistence were not realized. For, as if tlic Indians
could not be wholly entrusted to the Indian depart-
ment, military officers were, in the autumn of IS(JI),
substituted for the agents previously employed, n«>t
onl\' at Klamath, l)ut at each of the reservations in
eastern Oregon, and on many of the reservations in
California and elsewhere.
As if to sustain the military character for superior
humanity, and also perha]>s to make a favorable im-
jiression upon Jack's band, while all the Indians r*'-
ciived ample allowances the.se were particularly well
supplied, rec(>iving more in proportion than the Klani-
aths, and beinsjf favored in other wavs. But to these
kind influences Jack was hisensible. l*]arly in the
s[)ring he left the reservation with all his peojile, a'xiut
two hundred and fifty in number, and returned ti' L(»st
liver to fish and to be within easy reaeli of Vrekii.
And it was evident that f )rce would have to b<' used
to compel this band to remain upon the reservation.
Information was at once sjnt to the supeiintendent,
residing at Salem, who chereupon made a deniaiid
upon tlie officer in command at the fort to take nieas-
( i
■4|
4S2
SOME INDIAN EPISODES.
ures to return these Indians, which effort for some
time, however, roniained uiiattenipted. In the mean-
time misunderstandings arose between the superin-
tendent and the agent, the former accusing tlie latter
of allowing the Klaniaths to ceaselessly annoy and
insult the Modocs, whom he had ordered to change
their location, and surrounded them with Klamaths,
to their great dissatisfaction, under a pretense of pre-
venting their escape.
If tlierc was one thing more than another on which
Superintendent Meacham prided himself, it was his
knowledge of and iuHuenee over Indians. Like Steele,
wlio had accepted the chieftainship of Jack's band in
18(14, lie was flattered by being looked '.ip to by sav-
ages. He had a theory that if a man only felt suffi-
<'i<ntly hiw connnon brotherhood with the wild men,
he Would be able to control them tlirouglt their affec-
tions; and although Jack seemed rather an unprom-
ising sul)je('t for such practise, he anticipated the
gnater distinction from success. He was, therefore,
indignant when it was reported to him that Knapj»
had (lone anything to disi*lease Captain Jack, wlio, he
Kild, could not be blanuxl for leaving the reservation
under the circumstances-'.
The cireumstanees as alleged by Ja.ck were, that
his people were obliged to labor at making raihs, that
tliey had little tv) eat, that the watir on the r< serva-
tion was frozen, and that Captain Knapp n)oved thtiii
from place to place; to which Knapp replied that
they were ])laeed at Tvfodoe point at their own re
quest, and their pr<!pused itMuoval, about tlie 1st oC
A[>ii!, was to a Muital)le [)lace for opening farms and
for obtaining wood and grass. It was this prosju-ct
of having to allow his men tt> be degraded by labor,
instead of living off tlio sale of women and childn ii.
which hastened Ca{)tain Jack's departure. Meacha;ii
tJiouglitdifferently ; and in his dissatisfaction requested
that some distinct special regulatitnis should be p?".
mulgated, whereby tlie relative })Ositious of tlie militai \
and
rassr
TJ
from
the a
it wi
office]
diaas
tJiat i
negloc
the bli
at tJio
.judg/)!
that h(
turn if
A yc
was (lor
grown 1
Vr'ven tc
tho nn'n
taken t
fno oust
1-lass w
sihlo jH
miles s(
Californ
prop().sG(
•^00 Mo(
f!r])ersu
was to(
<'xaminin
,irer»era]l
'ia\i()r (I
^•'ft to his
him.
In Au
"land of t
Canliy, ai
) ;
"WISDOM AND STRENGTH.
458
antl Indian departments micfht be understood, embar-
rassment removed, and harmony made possible.
Tliat there was some such necessity is apparent
from the fact that enmity existed between Knapp of
the agency and Goodale of the fort. Knapp, tliough
it WIS Jiis duty to have called upon the commandiii;^
otficer of Foi*t Klamath to brinjj the abscondinu; In-
tlians back, neglecte<l to do so, ujwn his own belief
tliat the force at that post was insufficient. This
ne^dcct caused Goodale to be censured, who placed
tlie blame very promptly where it belonjjjed; thou«;h
at the same time he was compelled to a<hnit that the
judgment of Knaj>p in this matter was ct)rrect, and
that ho had not force sufficient to compel Jack to re-
turn if he did not wisli to, as plainly he did not.
A year and a half elapsed, during which nothing
was done to bring back the absentees. Captain Ja(k,
grown bolder tlirough success, and theencouragenitiit
given to li'ia rebellion by that class of men known in
tiie minos as "squaw men," meaniiiLC men wlio had
taken to wife Indian women, either witli or without
tuo customary marriage ceremonies, and by other low-
rl.vss whitA>8, if not by the advice of some more respoii-
siUlo jKjirson, made him set up a claim to a tract six
miles sijuare, lyhig on both sides of the Oregon and
California line, near the head of Tule lake, where l.e
proposed to establish liimself as chief of the '200 or
.'500 Modoc men, women, and children whom ho had so
far j)ersua.detl to follow him. Superintendent ^leacham
was too nmch o<^cupied with (N)nunissioner Brunot in
examininijf into tlie condition of the Indians of Oregon
generally to give his personal attention to the be-
havior of Captain Jack, whom he the more willingly
left to Ills own devices because he sympathized with
In August 1870 Crook was relieved from the com -
I'liind of the department of the Columbia by General
Cunl)y, and sent to fight the Indians in Arizona. For
454
SOME, IXDIAN EPISODES.
the suiiie purpose the military stations in Oregon were
(leplotcd, there being but one company, K, of the 2od
infantry, at Fort Klamath, under Lieutenant Goixlale,
and no cavalry ; while at Camp Warner, the nearest
post to Klamath, there was one company of cavalry
and one of infantry. It could not be expected that
one of these posts could assist the other, each having
t(j keep in check a thousand savages, who might at
any moment take advantage of relaxed vigilance to
renew hostilities. Wherefore Jack continued to re-
side at Lost river, visiting the reservation from time
to thne, clandestinely, to draw away other ^lodocs.
But Sconchin, the liead-chief of the tribe was able
to kec[» a minority of the people on tiie reservation,
}Iistory repeats itself m the wilderness as wdl as on
the asjics of Empire. An Indian nmst be old to lia\ *;
any wisdom; it is always the "young mi-n" who can-
not be controlled, and who are the Icadt-rs in war.
Sconchin had enjoyed his day as the blood-thirsty
enemy of the white race, and many were the victims
of his savage ferocity, when from a watch tower in
Clear lake his spies looked for the dust of some
toilinor emii^rant train, for which he arraimed the am-
bush at Bloody }H»int. That was all changed now.
He had found the white men stronger than he, and
wisely consented to be forgiven, and fed for the re-
mainder of his days. B(vsides he was chief, and a
cliitf nmst have a respectable following; therefore liis
achice to the Modocs was to keep the treaty, and
avt)id hostilities with the Ufiited States government.
He had been rewarded for his good behavior by being
allowed to tjike his people to Camp Yainax, near liisi
former home, in S[»rague valley, about the time that
Jack left the reservation.
The Klamaths used formerly to be the friends of the
Modocs, though they seemed not to have be(>n so
thoroughly Imse in th<;ir dispositions. Under Lalako
they hail been known to be guilty of murder and
other atrocities ; but after coming on the reservation,
and
depo
the I
their
whici
form]
frient
KJaiij
with
cause
tJie ni
againt^
tlie t\\
enemy
until t
of Jac
Kiauia
I lia
i'lg nee
tJie wJi
()r-or(,„
iioissan*
to tlie i
J-ugone
«'i!id the
beilijr ui
of farine
imnjeroi
ridges, v
«iiid j\l(,t
settlers
over tile
the Tule
Since
*ion of tl
}>y Meac
ig'iorant-
leJt some
ATTITUDE OF THE SAVAGES.
and being instructed, and especially after Lalake was
deposed and a reniarkublo youni^ savage, named by
the agent Alien David, i)ronioted to tlie chieftainship,
their ambition seemed to be to advance in civilization,
which they were aware could be done only by con-
forming to treaty regulations and cultivating the
friendship of the government. This conformity of the
Klamaths, a source of pride, and perhaps of boasting
with them, was obnoxious to Captain Jack, and a
cause of his late feeling of hostility to the Klamaths;
the more so that the latter had acted with the whites
against the lu>stile Snakes, and had hel[)ed to arrest
tl.e two Moilocs guilty of carrying amnmnition to the
enemy, and afterward held in chains at Fort Klamath
until the war ended. Such was the relative position
of Jack and his band to Sconchin's band and the
Klamaths in the summer of 1870.
I have elsewhere remarked that the constant scout-
ing necessary during the Indian wars had revealed to
the wliite men every feature of eastern and southern
Ongon, hitheiio but little known. Drew's rccon-
noissance from Fort Klamath to the Owyhee had led
to the construction of the central military road from
l^ugene city to the eastern boundary of the state;
and the adaptal)ility of the country to stock-raising
Ix'ing underst»)od, invited its settlement by that class
«»f furmers, who began to establish themselves in the
numerous small valleys lying between the frequent
ridges, very soon after the confirmation of the Klamath
and Modoc treiity; so that in 1870 there were many
settlers living in secluded homes miles apart, scattered
over the Klamath basin from the reservation south to
the Tule and Clear lakes.
Since Jack had resolved to lay claim to that por-
tion of the country about Tule lake — a claim favored
by Meacham, of which fact Jack could not have been
ignorant — tht; settlers in the vicinity of Lost river had
felt some uneasiness, which was increased to alarm
456
SOME INDIAN EPISODES.
when in August, Jack's band began to kill their cattle,
a sure indication of a deterniiiiation to bring on hos-
tilities. He hatl at this time about 200 followers,
S vmchin having succeeded in withdrawing from his
influence nearly seventy, who had been living at
Camp Yainax, and which addition to his following
made him the equal with Jack in point of numbers.
Just before depredations were begun, Agent Knapp
held a council with Jack, whom he met in Yreka,
when the latter informed him that he would not uro
upon the reservation, and refused even to come to
Camp Yainax to see the superintendent who was ex-
pected there. Having thus thrown down the gaunt-
let, it was but one step more to kill the stock of tlie
settlers.
Now commenced that preliminary warfare the
froiiticrsmen only too well understood. Roaming
about the country in small parties, selecting a time
when the men belonjjjini; to a farm were absent
from their houses to dash up to the doors on horse-
back, dismount and demand a cooked meal of the
frightened women, during the preparation of whicli
tliey freely occupied chairs or beds, making insulting
jiostures and remarks — these were the indications of
what was surely to follow. To these outrages tlic
settlers singly dared offer no resistance; nor could
tliey collectively have done more than to hasten the
outbreak. It was the duty of the superintendent to
call for the arrest of these savages, and of the com-
mander of Fort Klamath to perform i+^i; but for rea-
sons already alluded to, no arrests were made.
During the summer of 1871 the insolence of Jack's
band increased alarmingly. They frequently came
ujjon the reservation, and about Forts Klamath and
Warner, behaving in a defiant manner, saying that
they had friends in Yreka who gave them passes and
they should go wh ere they pleased. So far as the asser-
tion that they had "papers" was concerned, it was true
that they carried letters written by persons of presumed
respe
condi
some
vous
tiiat j
might
At
rostin<
irjg a
as he
hers ol
WIS so
tions, t
niakino
Indians
applicai
an attc
Klamat
ineff'ecti
(Iocs, th
l>y the i
InO(
vation,
superint
attempts
change (
Jackson,
with liis
When A
of the CO
desired t
t'oee slioi
afc the sai
AppJegat
This desi
Canby, tl
P<-'id any
his follow J
A UTTLE MURDER,
487
respectability living in Yreka, testifying to the good
conduct of Captain Jack ; and it was also true that
some of the settlers liviiiij nearest to Jack's rendez-
vous were averse to his heinsr removed, fei'linj; sure
that the attempt would bring on a conflict which
might prove fatal to them.
At length Jack precipitated the necessity for ar-
resting him by going ui)on the reservation and kill-
ing an Indian doctor of Sconchin's band, who
as he alle<'ed, had caused the death of two mem-
hers of his family. Whether he believed that this
was so, or only wished to carry out his defiant inten-
tions, the result was the same; the terms of the treaty
making it the duty of the government to defend tlie
Indians on the reservation from their enemies, and on
application of Ivan Applcgate, connnissary at Yuinax,
an attempt was made by the connnander at Fort
Klamath to arrest Jack, which effort was renderetl
ineffectual bv those white friends of the renejxade Mo-
docs, the squaw men, living along the route travelled
by the troops in going to Yreka.
In October 1870 Agent Knapp of Klamath reser-
vation, was relieved by John Meacham, brother of tlie
superintendent, who was in charge at the time of the
attempted arrest of Jack. There had also be(;n a
cliange of commanders at the fort. Captain James
Jackson, 1st cavalry, having been ordered to this post,
with his company, B, and to assume the command.
When Agent Meacham informed the superintendent
of the course pursued by the Motlocs, that functionary
desired that no arrests should be made until a confer-
ence should have been had with Jack and his band,
at the same time naming John Mcacliam and Ivan
A]>plegate as his representatives to confer with tlicm.
This desire havincj been connnunlcated to (General
Canby, that officer directed Captain Jackson to sus-
pend any measures lookhig to the arrest of Jack or
his followers until further advice, but to keep his com-
45S
ROME INDIAN EPISODES.
inantl in reatliness to act promptly and efficiently f.>r
tho protection of the settlers in the vicinity, should
the conduct of the Indians make it necessary. At
the same tune a confidential order was issued to the
commandin*; officer at Vancouver to place in ett'ective
condition for field service two companies of infantry
at that post.
In the meantime the superintendent was pursuing
his temporizing [)olicy, advising the government to stul-
tify itself by yielding to the demands of these Indians,
and setting the example to other discontented hands, of
which the warlike Snakes constituted several, to make
similar requirements. His recommendations were
met by counter advice from other persons interested in
tho proper settlement of the Indian question, and were
not yet acted upon; while the encouragement thus
held out to Jack's band to consider the Lost river
country as their own, was doing its work in augmcnt-
inir their stubbornness and insolence.
John Meacham, acting under instructions from the
superintendent, sent Sconchin to find Jack and en-
deavor to obtain a conference. Sconchin carried a
letter to a man named Fairchild, living on the road
from Tule lake to Yreka, well known to the Indians,
and influential among them. Fairchild and Schoii-
chin, together, found and conversed with Jack, wlio
would not agree to the proposition for a conference,
and Sconchin returned to Camp Yahiax.
In the early part of the summer of 1871, Jesse Ap-
plegate settled at Clear lake upon a tract of land
owned by J. D. Carr, and lying partly in Oregon and
partly in California, which was selecte«l as a stoc k
rancho from the swamp lands of the states, and of
which Applegate v/as agent. On the settlement hv-
ing made at Clear lake, Jack demanded of Applegate
a stated allowance of subsistence in consideration of
having permission to settle in the country that le
claimed, which demand was promptly refused, Apple-
gate
sessnj
India
by A|
friend
riors,
people
coniph
the su
to obtii
was gi'
Would
time in
tonduci
At 1
tliat he
JJointed
l)rovidei
tended
liave wi
inent Je
Vainax,
paired i
white n
The dist
arrived i
surround
featliers
Tlie c(
onibarras
occupied
military
iuvectivp,
'onnnissic
as a reaso
I>o fearec
yainax, w
^iom the
COMMISSION AXD CONFERENCE.
450
gate not choosing to recognize his right to levy as-
sessments on citizens residing on land to whidi the
Indian title had ijeen extinguished. On this retusid
by Applegate, Jim, one of the firmest of Jack's cliostii
friends, at the head of fifteen or twenty V(»uu*' war-
riors, set out upon a tour of the farms in Sangtll val-
Ky, lying to the north of Clear lako, alarming the
people by their insolent behavior, and causing thom to
complain to the agent at Yaiiiax, and through him to
the superintendent. These things led to the attempt
to obtain a conference with Jack, to secure which he
was given to understand that the killing of the doctor
would be overlooked, and he allowed to remain forthe
time in the Lost river country upon his promise to
conduct himself peaceably.
At length he hiformed Applcgate of Clear lake
tliat he would consent to see the connnissioners ap-
jiointed by the superintendent to confer with him,
l)rovided they would come to him at Clear lake, at-
tended by not more than four men, he agreeing to
liave with him the same number. On t\ '\s aimouncc-
inent Jesse Applegate sent a mes.senger in haste to
Yainax, and Ivan Applegate and John Meacham re-
paired at once to the rendezvous, attended by two
white men and two Indians from the reservation.
The distance to be travelled- was sixty miles, and they
arrived there on the 15th, where they found Jack
surrounded by twenty-nine warriors in the paint and
feathers of war.
The conference opened awkwardly, Jack seeming
embarrassed and dismclined to talk. But Black Jim
occupied some time in denouncing the officers of the
military and Indian departments in terms of bitter
iuvectivp, after which Jack found words, and gave the
connnissioners a history of his grievances. He gave
as a reason for not returning to the reservation that
lie feared the Klamath "medicine," though Camp
Yainax, where the Modocs were living, was forty miles
from the Klamath agency. He complained that the
I
IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
I.I
iiM mil 2.5
12.2
2.0
1.8
1.25 1.4 1.6
= = :
"^ 6"
►
Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, N.Y. M580
(716) 873-4503
W
U.X
fA
m
SOME INDIAN EPISODES.
Klarnaths made him angry by assuming to own the
wood, grass, and water on the reservation, drawing
an effective picture of the miseries of such a state <-f
dependence. He denied that his people had ever done
anything to disturb the settlers, though they had in
the summer of 1870 driven away several families who
had settled around the north end of Tule lake the
previous winter, when Jack and his band were on the
reservation, where he was expected to remain. H.
F. Miller subsequently returned, and made some ar-
rangement with the Indians, paying them an assess-
ment, and being one of those whites opposed to the
removal of the Indians from interested motives. Jack
demanded to know who had given information against
him, but the knowledge was withheld, for obvious
reasons.
The conference amounted to this, that Jack prom-
ised to listen to the agent's advice, not to do anything
to annoy the settlers, and not to resist tlie military,
and was given permission to remain where he was
until the superintendent should come to see them.
Agent Meacham vrote to the superintendent that no
danger was to be apprehended at that time of any
serious trouble between the Modocs and the settlers.
Yet on that same night, after the commissioners had
started on their return to Yainax, it was warmly de-
bated in the Modoc camp whether or not to open hos-
tilities at once by killing the Clear lake settlers.
The report of Meacham's conference with Jack, and
his assurance that no immediate danger existed, was
communicated by the superintendent to Canby, wlio
in turn communicated the same to the commander of
the division at San Francisco, and the matter restetl.
This impression was strengthened by the report of the
military hispector, Ludingttm, who entered Oregon
from the south by the route passing by camps Bid-
well, Warner, and Harney, that the people along the
route seemed free from any fear of Indians, and that
any rumors to the contrary were occasioned by the
petty
India]
\iolen
ing tl
Jucksc
not be
ailairs,
to giv(
tiers o:
reportc
But
atli, an
tniry,
affairs,
oft]ie(
ration,
surli th
in the c
roinove(
conflict
n'turnii
alarmeti
Thci
tors unt
l)c'en in
Mere n
Fort K
ill tlied(
to be m(
On
the peti'
'»o renio
less thai
roniovin;
acconipa
military.
To M
fonsiden
tlie pern
SLUMBERING SORROWS.
461
petty annoyances of individuals or small parties of
Indians visiting the settlements, but unattended by
violence or threats. The military department, except-
ing the inspector, who did not visit Klamath, and
Jackson, who should have been better informed, could
not be blamed for not knowing the true position of
allairs, since it was the duty of the Indian department
to irive such information as the welfare of either set-
tiers or Indians required, and the superintendent had
repcjrted that there was no danger.
But so the settlers of Lost river, Link river, Klam-
ath, and Tule lake districts did not feel. On the con-
trary, they petitioned the superintendent of Indian
affairs, and the general commanding the department
of the Columbia, to remove the Modocs to the reser-
vation, Raying that the conduct of the Indians was
such that they dared not allow their families to remain
ill the country, and in fact a number of families were
removed to Rogue River valley, in anticipation of a
conflict with the Modocs, some families going and
returning several times as they were more or less
alarmed.
The petition of the settlers did not reach headquar-
ters until late in January 1872, though it nmst have
been in the superintendent's hands. That complaints
were made by the citizens to the commander at
Fort Klamath is shown by the correspondence on file
in tlie department. Captain Jackson having been asked
to be more explicit in making statements.
On the 25th of January tlie superintendent sent
tlic petition to Canby, witli a request that the Modocs
lie removed to Camp Yainax, and suggt sting that not
less than fifty troops be sent to perform the duty of
ronioving them. Jesse Api>logate was instructed to
accompany the expedition, if not objected to by the
military.
To Meacham's letter, Canby replied that he had
considered the Modoc question temporarily settled by
the permission given them to remain where the com-
402
SOME INDIAN EPISODES.
missioners had found them in the previous August ;
and that he did not tliink it would be expedient to
send a military torce against them until they had been
notified of the determination of the government to
make the change contemplated, and notice given of
^he point selected, as well as the time fixed upon for
removal ; but that in the meantime the commanding
officer at Fort Klamath would be directed to take all
necessary measures to protect the settlers, or to aitl
in the removal of the Modocs should forcible means
be required.
In reply to Canby, Meacham gave as a reason for
previous action that in his report for 1871, he had
recommended that a small reservation be made for
the Modocs at the north end of Tule lake, but
that the department had not yet taken any action in
the matter; and accounted for his change of policy in
asking for their removal to Yainax by saying that
they had agreed to remain where the council was hold
at Clear lake, whereas they were then at Tule lake,
sixty miles from the council ground, and had conse-
quently forfeited all claims to forbearance. He re-
peated his request f jr their removal to the reservation,
and recommended that Captain Jackson be instructed
to arrest Jack, and five or six of his head men, and
hold tliem in confinement until further orders were
received from Washington: but the militarv orders
sliow that Jackson was only instructed to keep the
department informed of the condition of affairs rela-
tive to the Modocs.
There was at this time a continual interchange of
correspcmdence between the superintendent and
Canby; and it appears that Meacham was able to
thoroughly infuse into the mind of the general tliat
the Modocs were in the position of a helpless and in-
jured people, who had been driven from the reserva-
tion by their enemies the Klamaths. In a letter to
Canby dated February 18, 1872, he repeated that
they were abused by the Klamaths, and that the sub-
con fo
APPEAL TO AUTHORITIES.
468
agent failing to protect them they left the reserva-
tion, having been upon it but three months, in the
winter of 186'J-70. Why they had refused to come
upon tlie reservation before that time, he did not say,
nor make any reference to the fac that they were
coerced into connng at tliat time; and that conse-
quently their dislike to the reservation did not have
its foundation in the conduct of the Klamaths during
those three months. Thus while Canby was asked to
compel the Modocs to go upon their reservation, he
was furnished with a cogent reascm for hesitating to
do so; and was placed by the statements of the sup-
erintendent of Indian aifairs in the position too often
occupied by the military department, of opposition to
the people whose property and lives were involved.
And not only Canby, but the commander of the
division, who received his information from Canby,
was influenced in like manner.
Alarmed by the delay in arresting Jack and his
confederates, a petition was forwarded by the people
of Klamath basin to Governor Grover, of Oregon, to
urge the superintendent to remove the Modocs, or in
c;ue this was not done, to authorize the organization
of a company of mounted militia, to be raised in the
settlements for three months' service, unless sooner
discharged by the governor. In this petition the set-
tlers reiterated their former statements, saying they
had been harassed for four years by the Modocs,
who were about 250 in number, with about eighty
warriors every day growing more insolent.
The military, said the petitioners, are keen to ex-
tend the desired protection, but are subject to the
superintendent's order, who has turned a deaf ear to
our numerous petitions; and unless the governor
could help them there was no further authority to
wliich they could appeal. They were scattered over
a large area of country, and in case of an outbreak the
loss of life would be heavy, a contingency they were
seeking to avoid
18 '
464
SOME INDIAN EPISODES.
Governor Grover at once called upon Superintend-
ent Meacham, who thus urged renewed his applica-
tion to General Canby for troops to arrest Jack,
seconded by a letter from the governor. To this
application Canby replied that he had sent an order
to the connnanding officer of the district of the lakes
to establish in the threatened neighborhood a cavalry
force sufficient to protect the settlers; adding that
until the questions submitted by the superintendent
to the commissioners- of Indian affairs at Washington
should be settled, it was his duty to prevent a war if
possible; but if that could not be done, all the forces
needed to suppress the Indians would be applied.
According to these instructions Major E. Otis sent a
detachment of fifty cavalry and three officers to es-
tal>lish a temporary camp in the Lost river district,
wiiicli for the time relieved tlie settlers without re-
liioving the cause of their anxiety.
Early in April Meacham was relieved of the
superintendency, and L. B. Odeneal appointed in his
place. The position, owing to the Modoc difficulty,
was not without serious responsibilities, and so Ode-
neal felt it to be. One of his first acts was to take
counsel of Major Otis in regard to the propriety of
permitting Jack's band to remain any longer where
they were. Otis made a formal recommendation in
writing, that the permission given them by Meacham
the previous August should be withdrawn, and they
be directed to go upon the reservation ; but that the
order should not be given before September, so that
in case they refused, the military authorities coukl
put them upon it during the winter season, which was
considered the most favorable time for the under-
taking. Otis further recommended placing Jack and
Black Jim on the Siletz reservation, or any other
place of banishment from their people; and stated as
his reason for this advice that in his judgment there
would be no peace for the people, to whom they were
THE HATEFUL RESERVATION.
4G5
insolent and insulting, so long as permitted to roam
about the country, without the presence of a consid-
erable military force to compel good behavior. In
order to make room for the Modocs, and remove all
cause of complaint it was proposed to place Otseho's
band of Snakes, together with Wcwawewa's and some
others, on a reservation in the Malheur country. The
same suggestion was made in a communication to
Canby April 15th.
While these matters were under discussion an
order arrived from the commissioner of Indian affairs
to remove the Modocs, if practicable, to the reserva-
tion already set apart for them under the treaty of
October 1864, and to see that they were properly pro-
tected from the Klamaths — showing that Jack's story
of abuse had reached Washington. The superintend-
ent, if he could not remove them, or could not keep
them on the reservation, was instructed to report his
views of locating them at some other point, naming
and describing such place as he selected.
Not wishing to make the journey to Klamath,
Odeneal wrote to agent Dyar at the reservation and
Commissary Ivan Applegate, at Yainax, to see Cap-
tain Jack, and endeavor to persuade him to return to
the reservation. Previous to this order, on the 3d of
March, Major Otis had made an attempt similar to
the one now required of the agent at Klamath. By
means of his Indian scouts under Donald McKay, he
o[)cned communication with Jack, assuring him of
the peaceable nature of his mission, and inviting him
to meet him at Linkville, a settlement founded by
George Nourse at the lower end of the upper Kla-
math lake. But Jack declined to meet the major
anywhere but in his own country. After considerable
negotiation it was arranged that the meeting should
take place at Lost river gap, the soldiers to be left
at Jjinkville, and Jack's warriors, except half a dozen
men, to be left away from the council ground. Otis
went to the rendezvous with Agent High, two gf
Cal. Int. Poc. 30
466
SOME INDIAN EPISODES.
the Applcgates, three or four settlers as witnesses,
and three or f«)ur Klamath scouts, and found Jade
awaitint^ him with thirty-nine figliting men, as on a
previous oceasit)n he had met Meacliam. The council
proved as little productive <( satisfactory results as
the former one.
When the order came from the commissioner
through Suiierintendent Odeneol to inform the ^lo-
docs of the wish of the government that they should
comply with their treaty obligations, Schonchin was
emi)loyed to act as messenger and arrange for a con-
ference. As before he required the agents of the
government to come to him, and the rendezvous was
appointed at the military camp at Juniper sj)rings on
Lost river. Dyar and Api)legate, attended by the hvm I
men of the reservation Modocs, met Jack and his favor-
ite warriors on the 14th of !May, when every argument
and inducement was held out to influence them to
keep the treaty ; but all to no puqv)se. Promises of
ample protection, subsistence, and privileges were of
no effect. The unalterable reply of Jack was ever to
the effect that he should stay where he was, and
would not molest settlers if they did not locate them-
selves on the west side of Lost river near the moutii,
where he had his winter camp. The settlers he s;ii(l
were always lying about him and trying to make
trouble; but his people were good people and would
not frighten or kill anybody. He desired only ])ea( e,
and was governed by the advice of the people of
Yreka who knew and understood him.
At this conference Sconchin made a strong appeal
to the Modocs, urging them to accept the benefits of
the reservation, and pointing out the danger of resist-
ing the efforts of the government to induce them to
comply with the terms of the treaty. But all was in
vain, and Jack as heretofore occupied his position of
defiance to the government.
As the commissioners were instructed, in case the
Modocs refused to go upon the reservation, to select
and t
po.se (
repor
had b
purpo
uj), ar
as stat
in thei
their n
fore, tJ
TJiis
forwan
Walkei
W'liich y
taken t
should i
roniovec
pJishnic;
On recei
tlie com
der to r(
tion, "p,
tlie time
Onth
conferen<
quiet, gi'
that tinu
tJirougli
londerint
f'oniment
fa nip, to
tiy. Tin
the last c
the troopi
excitemen
i'"rty arm(
roservatioi
beliaved ii
to the res(
ATTITUDE OF THE MODOCS.
407
and describe some other location favorable to the pur-
pose of carrying out the attempt to tame thorn, they
re[)orted that no situation outside of the reservation ♦
had been found so suitable as the reserve itself for the
purpose, all the good agricultural land being taken
u[), and most of the grazing land having been locat«d
as state land In additit)n, the settlers were determined
in their opposition to having the Modocs located in
their midst at Lost river. They recommended, there-
fore, that they be placed on the reservation.
This report being sent to the superintendent was
forwarded to the commissioner at Washington, F. A.
Walker, together with his own opinion on the subject,
which was that the head men should be arrested and
taken to some point remote from their tribe until they
sliould agree to keep the laws, and the remainder b^
removed to Yainax; the time suggested for the accom-
plishment of this plan being the last of Septend)er.
On receiving thisconmiunication, which was approved
the commissioner issueil to the superintendent an or-
der to remove the Modocs to the Klamath reserva-
tion, "peaceably if you can, forcibly if you must," at
the time suggested.
On the 11th of ^lay, Otis reported that since his
conference with them in March, the Modocs had been
quiet, giving no cause of complaint. They Were at
that time scattered from Yreka to Camp Yainax, and
through the mountains in the vicinity of Lost river,
rendering the camp at that place useless, and he re-
commended its withdrawal, proposing instead of a
camp, to make an occasional tour through the coun-
try. The troops were accordingly withdrawn about
the last of the month. No sooner, however, were
tlie troops returned to Fort Klamath, than the same
excitement prevailed as before. Captain Jack with
I'orty armed men presented himself at a camp of the
roservation Indians, off on their summer furlough, and
behaved in such a manner as to frighten them back
to the reservation in great haste. The settlers were
SOME IXDIAX KPISODES.
liardly less alarmed, and talked of or^anizini^ a militia
coinj)any for protection. The usual corresiH)n(leni'o
followed between the Indian and military departments,
Canby assuring the superintendent that the settlors
would be protected.
While the Modoc question was thus approaching a
climax, influences unknown to the departments were at
work to confirm Captain Jack in his defiant course,
his friends in Yreka having encouraged him to believe
that an arrangement could bo made by which he could
remain at Lost river by offering to secure the per-
mission of the ijovernment. This offer led to furtlicr
opposition by the Modocs, who in their ignorance of
government affairs, and respect for Steele — whom they
still regarded as clothed with authority to direct them,
and whom they trusted as their confidential friend— ^
believed they would be defionded in resisting the au-
thorities in Oregon — a mistake which was to lead to
the most deplorable consequences.
It was now definitely settled by the proper author-
ities that the Modocs were to be removed to the res-
ervation before winter. For this purpose superintend-
ent Odeneal repaired to Klamath where he arrived
on the 25th of November, whence he sent James
Brown, of Salem, and Ivan Applegate to Lost river
to request the Modocs to meet him at Linkville on
the 27th. At the same time the messengers were in-
structed to say that the superintendent had only the
kindest feelings for them ; that he had made ample
provision for their comfortable support at Yainax,
where, if they would go within a reasonable time,
they should be fairly dealt with and fully protected ;
and if they would go there at once with Applegate,
he would meet them there, but if they refused he re-
quired them to meet him at Linkville in order that a
final understanding with them might be had.
Captain Jackson had been superseded in the com-
mand of Fort Klamath by Major Hunt, who in turn
CArTAIN JACK DEFIANT.
4m
was relieved July 17, 1872, by Major John Green, in
counuand at this time. ^lajor Otis had also been re-
lieved of the connnand of the district of the Lakes,
June 18th, by Colonel Frank Wheaton, "Jlst infantry.
To Wheaton, Odeneal addressed a communication at
the same time, informing him of the purpose of his
visit, to carry out the instructions of the conunissionor
to remove the Modocs to the reservation. Odeneal
had been of the opinion, when he came into office,
that force would not be necessary; but on learning
more about the matter, and conferring with Ivan
Applegate, he asked to have a force in readiness suffi-
cient to overawe the Indians, should they prove refrac-
tory on receiving his message, so sugixestinjj: to Wheaton
in preferring his request to have the troops ready
for immediate action in case they were needed.
On the 27th the superintendent, in company with
Dvar from the Klamath agency, went to Lhikville to
meet the Modocs, as he had appointed, but there
found only his messengers, who informed him of Jack's
refusal either to go upon the reservation or to meet
liim at Link\ ille. "Say to the superintendent," said
Jack, who with a part of his men was in camp at Lost
river, "that we do not wish to see him, or to talk
Mith hhn. We do not want any white men to tell us
what to do. Our friends and counsellors are men in
Yreka. They tell us to stay where we are, and we
intend to do so, and will not go upon the reservation.
I am tired of being talked to, and am done talking."
It being now apparent that nothing short of an
armed force could influence these Indians to submit to
the government, the superintendent sent a report of
tlie late conference of his messengers with Captain
Jack, and of the reply of Jack to his proposals, together
with the order of the commissioner, to Green, with a
request that he should furnish sufficient force to com-
]>el the Modocs to go upon their reservation ; and in
case it became necessary to use compulsorj' measures,
to arrest first of all Jack, Black Jim, and Scarfaced
m
SOME INDIAN EPISOPES.
Charley, holding them subject tt) his orders. In re-
ply to this demand, Green sent word that Jackson
would at once leave the iK)8t with about thirty men.
It had never been in contemplation by the superin-
tendent or agents, or by General Canby, that any
number of troops under fifty should attempt to arn st
Jack and his head men. Indeed, the general had is-
sued a special order early in September, giving the
commander of the district of the Lakes control of the
troops at Fort Klamath, that in an emergency he
might have men enough to make the attempt at re-
moval successful. On receiving these instructions
Wheaton rei)lied that he had directed Green to keij*
him fully and promptly advised by courier of any
change in the attitude of the Modocs, and should it
be necessarv he should move into the Modoc country
with every available mounted man from Camp Har-
ney, Bidwell, Warner, and Klamath.
Had a strong force of cavalry been called out, and
proceeded with proper caution, doubtless the arrest
might have been made. But the officers at Foit
Klamath flattered themselves that the Indians would
yield at once to the troops, the more so that tlie
weather was stormy and uii worable to escape.
Green, therefore, after despatching a courier to
Wheaton, did not wait for instructions or reenforcc -
ments, but sent upon this doubtful errand a force of
thirty-six men, believing that if surprised the Indians
would surrender.
The troops left Fort Klamath at noon on the 28th
of November, officered by Jackson, Boutelle, and
McEldery. Odeneal, who had sent his messenger
Brown to notify all settlers who would be endangeiod
by an unsuccessful engagement with the Indians, also
met Jackson on the road about one o'clock on tlio
morning of the 29th, and directed him to say to the
head men of the Modocs that he had not come to
tight them, but to conduct them peaceably to Yainax,
ATTACK OF TIIK TROOPS.
471
"whorc arrangeinenta had been made for thoir rccop-
tit)ii ; not t<) fire a gun except in seH'-defeiuo, afcer
they had first fired upon him; and in every way to
guard against any appearance of hostility.
Guided by Ivan A])plegate, the troops moved on
through a heavy rainstorm, arriving near Jack's cam})
about daybreak. Jacksi)n then formed his troops in
hue and advanced rapidly ujwn the Modocs wJio
were surprised but not unprepared. Halting his men
at tiie edge of tlie camp, Jacks»)n called to them to
lay down their arms and surrender, Applegate inter-
preting and explaining the meaning of the visit, ask-
ing them to yield to the authority of the Indian de-
jKii-tnient. A part of them seemed willing to do so,
but Scarfaced Charley, Black Jim, and some others
retained their guns making hostile demonstratioi ;.
Three-quarters of an hour was spent in parleying,
during which UicbO few leaders grew more detcrminr<!,
and at loi\',rth Jackson ordered Boutelle t'> take some
men from the line and arrest them. As Boutelle ad-
vanced in front of his men, Scarfaced Charkv ex-
claimed with an oath that he would kill one officer,
and fired at him. This was the signal for hostilities
to commence. A volley from both sides opened
sinmltaneously, and Boutelle lost, almost at the first
volley, one man killed and seven wounded. The
troops kept up a rapid firing, killing in a short time
fifteen Indians.
Up to the time that firing commenced, Jack had
taken no part in the conversation, but lay sullenly in
his tent, refusing to come forth or make anv answer
to the propositions When hostilities began, how-
ever, he showed himself prepared and retreated
fighting.
Mr Applegate says that the Modocs had for a
long time vigilantly guarded against surprise; and
after Ivan and Brown had left, Jack gathered the
warriors, so that at the time of the fight their aggre-
gate number of men and boys capable of bearing
¥ Hi
472
SOME INDIAN EPISODES.
arms was probably twice as great as at the time of
Ivan's visit. Every circumstance indicated that they
were prepared for any emergency. The horses were
all gathered hi bands near the encampments, and an
Indian evidently on guard, fired liis gun and ran for
camp shouting soldiers 1 soldiers 1 when Jackson's
troops first appeared.
The great error of attempting the arrest of the
Modoc leaders with so small a force became now ap-
parent. Had Jack and a few others been taken,
there would have been nothing to fear from the
others, who would have been restrained by apprehen-
sion ot' punishment falling on their leaders. But no
arrests being made, the advantage was all on the side
of the savages. The already too light force of Jack-
son was rendered less efficient by having to care for
the wounded whom he dared not leave in camp, kst
the Modoc women who still remained should kill and
mutilate them. Leaving only a light skirmish line in
charge of Boutelle, he was forced to employ the re-
mainder of his men in removing the dead and wounded
to the north side of the river in canoes, and thence
half a mile below to the cabin of one Dennis Crawley.
Having done this he returned to the southwest side
of the river and dismantled the Indian camp, destroy-
ing whatever property it contained, among otlier
things three rifles and two saddles found in Jack's
wickiup. In the meantime a party of settlers con-
sisting of Oliver Applegate, James Brown, J. Bur-
nett, Dennis Crawley, E. Monroe, Thurber, Caldwell,
and others, who had collected at Crawley's to await
the event of the attempted arrest, attacked a smaller
camp on the north side, and had one man, Thurbtr,
killed. They then retired to Crawley's i)lace, and
kept up firing at long range, preventing the Indians
from crossing the river and attacking Jackson's com-
mand on the flank and rear. Tv^hile the fight was
going on, two settlers William Nus and Joseph Pi'ii-
ning, coming up the road, unaware of danger, were
OPENING OF TKE MODOC WAR.
I
473
fired upon and wounded, Nus fatally, within half a
mile of the house, which thev reached before Nus
died. Applegate, Brown, Burnett, and others then
v/eut in various directions to warn the settlers that
liostilities had begun, which left but a small force at
Crawley's to protect the wounded and the other
inmates.
During the forenoon Crawley came to Jackson with
the information that the Indians on the north side
under two noted Modocs, Hooker Jim, and Curly-
headed Doctor, were preparing to attack his place.
On this hiformation, he mounted his men and rode
rapidly up the river eight miles to the ford, wliere
alone the cavalry could cross, arriving at Crawley's
late in the afternoon. In the meantime the Indians
burned some hay, and conimitted some minor de[)re-
dations in sight of the troops. Darkness brought a
cessation of hostilities.
While these events were taking place, no one seemed
to have thought of the danger that threatened the
settlers in the lower country art»und Tule lake. Cap-
tain Jackson was ignorant that there were any inliab-
itants in the vicinity who had not been warned; but
on the morning of the 30th, having heard that there
was a family named Boddy about three and a l;alf
miles below Crawley's, he sent a detachment, guided
by Crawley, to ascertain their condition. At Boddy s
house no one was found; but everything being in order,
with no signs of violence, and the horses being In the
corral, Crawley came to the conclusion that the family
had been warned, and had tied southward, warning
thers, and he thereft)re returneil with a corresponding
report. Such, however, was imt the fact.
While the fight was g<nng on, during the morning
of the !21)th, a party of Modocs, escaping aiid making
their wav toward their afterward celebrated stronjrhold
m the lava beds, had killed three men and one boy of
this family who were found in the woods at work cut-
o
474
SOME INDIAN EPISODES.
tinsj and haulincj fire wood. The women, two m num-
ber, were permitted to escape. The Boddj family
consisted of William, his wife, his daughter and her
husband, Nicholas Schira, and his step-sous, William
and Richard Crav'^an. Mrs Schira's narrative was
suljstantially as follows : On the morning of the 2*Jth
Mr Schira was looking after some sheep on the border
of Tule lake, and came in during the forenoon with
some ducks he had shot, changing his muddy boots,
and afterward taking his team and going to the woods
for a load. Mrs Schira subsequently took the wet
boots out in the sun to dry them, and it being a quar-
ter past eleven, she thought it time for her husband
to be returning. Looking up the road, she saw the
team coming without a driver. She went up to the
mules and stopped them, took up the lines, and saw
that they were bloody. She informed her mother
that something had happened to her husband, and
after putting the animals in the stable, the two women
walked up tlie road together. About a half mile from
the house they found Schira, dead, shot through the
head with a revolver. Mrs Schira then remembered
her brother Richard, who would be coming home witli
her husband, and ran on, leaving her mother, who
could not keep up with her. As she ran, she saw
Hooker Jim's Indian wife emerge from the sage-brush,
and afterv/ard Hooker Jim, Curly-headed Doctor.
Long Jim, One-eyed Mose, Rock Dave, and Huuijjv
Jerry, all well-known Modocs. They did not inter-
cept her, but went toward her mother, who was still
beside the dead man, and asked her if there were any
men at the house. Knowing well that nmch depeiuh J
on her reply, she feigned not to understand their pur-
pose, answering, "No, the mules have run away ami
killed the driver, and I am looking for our men." At
this answer they left Mrs Boddy without molesting'
her, but could not have gone to the house, perliaps
fearing to find men there notwithstanding Mrs Bodd\ s
denial. Other Ijidians who came that way a day
THE BODDYS AND BROTIIERTONS.
475
later robbed the place of $800, every article of value,
and t(j()k seven horses besides. The bodv of Schira,
wliicli was not mutilated when she left it, before she
saw it aixain was much mangled. After finding the
l)(>dy of her brother, Mrs Schira, with her mother,
tied over the timbered ridge toward Crawley's, but
while on the crest, happening to see the men gathered
at that place, they mistook them for Indians, and
turned toward the highest hills between them and
Linkville, where thev found snow Iving, through which
they travelled until late at night, when they sat down
under a juniper tree to wait for daylight, by whidi
time Mrs Schira's feet were so swollen that she could
not wear her shoes. Tearing up part of her dress,
Mrs Boddy bound up her daughter's f 'ct, and tlicy
continued their Hight, having eaten nothing since the
previous morning. When near the bridge on Lo.st
river, about halfway to liinkville, tluy were met by
Mr Cole, who conducted tliem to the bridge, from
which place they were taken to Linkville in a wagon
l)v Mr Roberts, where for the first time they heard
of the affair of the dav before, which had caused tiieir
terrible calamities. On the 2d of Drceinl)er Mrs
Sehira returned, with a party of f )ur volunteers, in a
wagon furnished l>y ]Mr Xourse, to look for her de-ad.
()n arriving at Crawlev's she found that Boutelle
had that morning gone down with three men on the
same errand, and when he returned had found three
of the bodies, Schira, Boddv, and liichard Boddv.
The younger brother was not found for twelve days,
having fled, on being attacked, from tlie ])]ace where
he was herding slieep, and where they t!X}»ected to
find him, into the thick woods, where he was over-
taken and killed. The Boddv faniilv were from Aus-
tral'ia, and were industrious worthy ]>eoj)h\
It did not appear that the part}' of Indians com-
mitted anv further nmrders that dav. On tlie follow-
nig day they killed a immber of persons about the
border of Tule lake, and among others their good
476
SOME INDIAN EPISODE!?.
friend H. F. Miller, just when and how there were no
witnesses to relate. Living within seventy-five yards
of Miller's house was a family named Brotherton,
three men of which were killed. The remainder of
the familv would have shared the same fate but for
the courage of Mrs Brotherton, who defended her
house and children until relief arrived, three days
after the slaughter of her husband and sons.
The account Mrs Botherton gave when rcscuc<l
was. that on Saturday, the 30th of November, be-
tween two and three o'clock in the afternoon, she saw
at some distance approaching the house, eight Indian
men and eiixht women, who had the horses belon^ino-
to her husband. They surrounded the liouse of John
l?]iroeder, in sight of her own, and sliot Shroedcr,
who was on horseback, and who tried to escape by
running liis horse, but was overtaken and killed.
Joseph Brotherton, fifteen years of age, was in com-
pany with Shroeder, but being on foot, and t)nly a
boy, they gave all their attention to the man on
horseback. Mrs Brotherton soeiuix her son runninu^
toward the house, went out to meet him with a re-
volver. A younger boy, Louis, fearing for his
mother, called her back and ran after her, but she
ordered him back to the house to ijct his Henrv ritlc,
telling him to elevate the sight 800 yards, and fire j:t
the Indians. He obeyed — his little sister wiping ar.d
handllni; the cartritli^es. In this mamu^r the mother
was })rotected by one stm, while she rescued another.
She returned safely to the luHise and the door was
closed and fastened. The Indians then rode past,
half a mile, to the tules, where they left their lu)rs( s,
and came back, on foot, keeping ^Miller's house br-
tween them and the Henry rifle. Entering jMillers
house, they pillaged it, having alreatly killed him.
Under Mrs Brothertoii's directions, tlicFO was a poit
hole bored on the side of her house toward JSIiller s.
As the auger came through the Indians saw it, and
fired, but without hitting anyone. The boy at the
SLAUGHTER OF SETTLERS.
477
hole returned the fire and wounded Long: Jim. One
Indian was killed by ^Irs Brotherton.
While this was going on, an Indian woman who
had been living with Sover as his wife, came to Mrs
Brotherton's door, wishhig to be taken in. The Ind-
ians ordered her away, and threatened to kill her if she
refused to go. Slie told them to kill lier, if they wished,
being then in deep grief for her white husband ; but
they replied tliat they killed Boston men, not women.
At lengtli Mrs Brotherton, whose sympathy was
aroused for the poor creature, opened the door to atl-
mit her, and Hooker Jim, who was waiting for this
(•pportunity, shot into the opening, fortunately with-
out liitting anyone. At dark the Indians went awa\',
and did not return, tliouijh Mrs Brotherton dared not
relax her guard, and was not relieved until the third
da}', wlien a party under Ivan Applegate came that
May, and took the family to Crawley's, ten miles
above.
On leaving Mrs Brotherton's, the Indians pn^ceeded
along the eastern border of the lake to the house of
Louis Land, a stock raiser. What transpired tliero
could only be surmised by those who afterward found
the cabin destroyed, and the dead body of his herder
in the road near the Brotherton place, where he had
fiillen after a chase of over nine miles. Land was ab-
sent; but a man in his service, Adam Shillinglow,
was killed; also Erasnms, Collins, and two strangers
riding along the road. The nunibor of wliite men
killed on the 29th and 30th of Noven>ber was eiixhteen.
n
The distance from Orav/lev's, which was now the
central point of interest in the Klamatli valley, to
Fort Klamath was nearly sixty miles. The agency
was a few miles nearer. Camp Yai.iax was about the
same distance. It was twenty -three miles to Link-
ville, where the road to the Rogue River vallej' left
the Klamath basin at Link river; and sixty-five miles
from there to Ashland on the other side of the Cas-
478
SOME INDIAN EPISODES.
J
I
cade mountains. These distances in a new country
without telegraph linos or railroads, were insupt-rablc
obstacles tt) tlic swift movement necessary to the
emergency which had overtaken the people in Klam-
ath valley. Nevertheless, what could be done \>\'
rapid riding was done. Couriers flew in every dhec-
tion with news of the disasters of the '21)tli.
As soon as the intelliijence reached Klamatli ai^eiuv,
Dyar raised a company of thirty-six Klamaths. whom
he placed under D, J. Ferree, and sent to Crawley's
to reinforce Jackson. Oliver Applegate hastened to
Yainax, and after talking to Schonchin, who assured
him of tlie good faith t)f the Modocs at that eamj).
placed fifteen of Sehoncliin's people on guard under
the white employes, and takin*j: with him nine res( r-
vation Indians, part ^lodoes and part KhmuUlis,
without any other white man he crossed the Sprague
river mountains into Lani^ell's valley, and to Clear
lake, the residence of his uncle. Jesse Applegate.
This severe test of the good will of the reservation
Indians was nobly borne by them, demonstrating on
their part the utmost regard for Applegate's person
and safety on the dan<j:erous iourney.
Arriving at Clear lake on the '2d of December, he
found his brother Ivan with a party of six citizens
from Linkville, who had been through the country to
warn the settlers. They left Linkville on the 1st (»t'
December, having been compelled to wait for arms to
be sent from Fort Klamatli before setting out. ai'd
accompanied by five cavalrymen, detached from Jai k-
son's connnand had already visited all the settU'ments
If
known to them, and learned the fate of the settlers
on Tule lake, sending the remains of the l^rotherton
family to Crawley's, as alreatly related.
Leaving the cavalrymen at Clear lake to protect
the family of Jesse Applegate, Ivan and Oliver join, d
their forces and searched the countrv to recover tlie
bodies of the nmrdered men, without success on tlint
day. On tlie 3d Oliver Applegate's i)arty found Sliil-
ATPLEGATE'S PARTY.
479
llnglow'g body, which one of the Indian volunteers, a
son of old Schonchin, bound upon a horse.
Ivan Applegate's party were scattered over several
miles of country looking for tlie dead. Two men,
Charles Monroe and George Fisck, were left witli a
wagon at the Brotherton ])lace to find the body of
S( hroeder. Wlien they saw the party of Modocs and
Klaniaths approaching, with their leader disguised as
an Indian, supposing them to be the enemy, they
ik'd into the cover of the tall siige-brush and con-
cealed themselves until undeceived l)v the voice of
Applegate, wheti they joined him and went with him
t< • the house. Wliile Applegate looked over the prem-
ises his Indian volunteers sat outside on their horses,
an<l Fisck returned to his search for the missing
1) )(lies. Being in the stable. Applegate heard h)ud
slirieks, and lookiui; out saw Fisck ridiiiLT at the top
of his speed, pursued by Scarface Charley and fifteen
others. At Schroeder's ciibin some of the savages
lialted to set fire to it, while Scarface kept up the pur-
suit of Fisck, who finally gained the stable, which
Apj)legate had already began to fortify, piling uj) logs
to strengthen the wall, while three of his !Modocs
stood guard outside.
As the enemy api)roached, the guards fired. The
fire was returned, when Scarface i)assed by, and
stopped about four hundred yards away to counsel
with his party. In ortler to gain time, Applegate
directed Jim Sconchhi to go out to them and hold a
jtarley. That Applegate had the most entire <oiifi-
dtnce in his Indian allies was shown bv this attion;
t'lr had Jim the least desire to join the enemy, some
<it' whom were his relatives, the opportunity was fur-
nished. So far was he from betraying his almost
single-handed white leader, that he quite deceived
Scarface and his followers, pretendit»g to tluin to
have a party of sympathizers at the stable, and oft'er-
ing to brinij them out to confer with him.
Uunng this conference Jim learned that the hostile
r
480
SOME INDIAN EPISODES,
Modocs had planned to finish the work of spoliation
on that day. Captain Jack, with eighteen warriors,
was to operate on the west side of Lost river to the
stone ford, cross there, and join Scarface. After they
had killed all the men who were out lookin*^ for the
dead, and burned all the houses, they would return
to Crawley's the same night, and attack Jackson's
camp. Charged with these particulars, Jim returned
to the stable, which had been hurriedly converted
into a fort, with port-holes bristling with guns.
Scarface waited some time for the return of his
supposed ally, who not coming, he cautiously advanced,
and seeing tlie preparations made to receive him knew
he had been outwitted. Fearing to make a charge
from that side, he to(jk a ci'"cuit and when out of rifie
range started at a brisk gait to swoop down upon the
stable from the rear. A-^ain Jim Sconchin filled the
breach of danger, darting a'cross the open space be-
tween the stable and a hayric k, and firing the hay.
It flamed u\\ and the attacking party retired to the
shelter of the sage-brush, half a mile off.
In the meantime the party of white men under Ivan
Applegate were at no great distance away, and saw
nmch that was transpiring without understanding it.
Mistaking his brother's party of Indians for the enemy,
and having witnessed the pursuit of Fisck by Scarface
and the subsequent burning of the hayrick, Mr Apple-
gate supposed that the greater part of Jack's force was
at the Brotherton place, and signaling his men to
come together, they hastily retreated to Crawley's to
inform the commander of the military forces of the
whereabouts of the enemy, and also that Fisck and
Monroe were killed, as he believed they were, and as
they would have been but for his brother.
The guns that were fired as signals by Ivan Apple-
gate were equally misinterpreted by those in the stable,
who feared that Captain Jack had already reached
that side of the river, and was attacking the other
party. In this supposed imminent peril, a Klamath
TERILOUS ENCOUNTERS.
481
railed Whistler was entrusted with the dangerous
duty of carrying a message to the niilitar}- camp under
a flag of truce. As he did not return, and it was not
considered exi)edient to stand a siege under tlie cir-
cumstances, when ni«^ht came on the party mounted
and set out for Crawley's, preferring the risk of meet-
ing the enemy to remaining shut up until Jack should
ap}»ear.
But the non-appearance of Jack, and the apparent
inaction of Scarface, were not occasioned by a fij/lit else-
where, as was conjectured. The company oi' Klam-
atlis before mentioned as sent by Dyar to reenforce
Jackson, had been on a scout down the west side of
tlie river under Blow, one of the head men on the
reservation, and returning was seen by Jack, who
prudently kept concealed. Scarface, too, had been
frustrated hi his designs by the flight toward Yainax
of two of Sconchin's Modocs, held by him since the
aftuir of tlie 21)th. Seizing a favorable ^moment, they
set ofl:' at full speed, pursued by half the hostile party,
which depletion of his numbers left Scarface without
the strength to make an attack. These at the time
unknown but favorable circumstances deprived the
retreat of a portion of the danger in which it was
thought to be involved, and also prevented the plan
of an attack on the military camp from being carried
into efl:ect as designed.
Half way on their journey, Applegate's party were
met by Whistler, accompanied by the Klamath cliiefs
Dave Hill and Blow, with their company of scouts,
who returned with them to Crawley's, where the
forces were so arranged for the night that the Indians
could not attack without exposing themselves to the
fire from two camps a short distance apart. It was
discovered next morning that some of the Indians had
crawled up within two hundred yards of the camps,
but fearing to attack had contented themselves with
taking two horses to show their daring.
On the morning of the 4th a party of seven citl-
Cal. Int. Poc. 81
tn
i \
482
SOME INDIAN EPISODES.
zens, with thirty-threo Klaniaths and frIoiKlly IVrodocs,
returned to Tule lake and brought in all the deatl ex-
cept Miller, whose remains were found about Christ-
mas, horribly mutilated; and the Younger Bodtly,
who was discovered two weeks earlier. ()n the way
to Linkville to bury the dead, on the 5th, Applegate's
brothers, who were in charge of the property that
remained undestroyed, and of the expedition gener-
ally, met a party of fifteen volunteers under Captain
Kelly, and learned that their father, L. Apfilegate,
had started for Clear lake with seven men from Ash-
land. Fearing he might fall into danufer with so
small a force, they hastened back to camp that night.
and joining Kelly's comp my went on to Brotherton's
place with them on the morning of the Gth. When
near the lake they could sec about a mile away a
party of eight, whether Indians or not they could
not tell, and riding along the edge of the lake two
white men, who they feared were all that was left of
the Ashland party. Ivan Applegate rode forward,
and found them to be two advanced guards of a com-
pany of cavalry from Camp Bidwell on its way to
Crawley's. Taking Applegate, whose face was paliited.
for an Indian, the guards would not permit him to
come near, but conversed with him at a distance until
informed of their mistake. The party of eight, wlio
were now known to be white men, and believed to ho
the Ashland party, also concealed themselves in tho
rocks on the approach of Kelly's party, nor would
they come out until the soldiers went to them and
explained that their friends wished to join them. It
was then found that the party consisted of the seven
Ashland men, under Jesse Applegate, his brotlur
being unable to ride any farther. They were tryini,'
to save st)mc of the property and stock belonging to
the murdered men or their bereaved families.
brnm
l)i'aiii
■•It th
(lie (
tliat
• ■liter
ereek
nanuM
Botwi
campi
a S']U£
Entering lower Klamath lake from the scuth is a
ismall stream forking toward the west, the southern
INDIAN PREPARATIONS.
branch Vinj:? known as Cottonwixxl, and the wostorn
hiancli as Willow crt'ok. On fuch of those branolu's,
;it tlio crossini^ of the roads, was a ranclio; tluit on
tlio Cottonwood helno; owned hv Van Brewer, and
that on Willow ereek l>v Fairchild. Anotlier stream
entering the lake on the west side was known as Hot
creek ; and here too, at the crossing, was a settler
named Dorris. Others were livin*; in the vieinltv.
Between Dorris' and Fairehild's places was an en-
( aiiip:nent of forty-five Indians called the Hot Creeks,
a sniialid band, not yet hostile, but which might be-
come so if left to the persuasions or coercion of
Captain Jack. These the settlers, after the fight at
Lost river, determined to remove to the reservation.
The Indians were not unaware of the position in
Avliich Jack's band was placed by their refusal to go
U|>()U the reservation. Being greatly frightened they
easily yielded, and <m the 5th of Decend)er started
for the reservation under the charge of Fairchild,
Dorris, Colver, and others whom Dyar had been
notified to meet at Linkville, where the Indians
Avould be turned over to him. I3ut being told bv a
drunken German that if they stjirtetl for the reserva-
tion they would be killed on the way, they fled.
Fairchild, Dorris, l^all and Beswick then deter-
mined to make an effort to persuade Captain Jack to
surrender, submit to the authorities, and prevent the
iin|)ending war. Being personally well known to the
Iiulians, they went accompanied by three of the Hot
Creeks, and without arms, to seek Jack among the
Juniper ridges between Lost river and the lava beds
soutli of Tule lake. Thev were successful in finding
hhn. and used every argument to influence him to
acetpt the proftered peace but without avail. Jack
reject(\l any and all overtures that looked toward any
inti'rference with his liberty, and boldly declared his
<lesirc to fight, telling Fairchild that he wished the
soldiers to come, and was prepared for them. Toward
i ■■■.
n ri
S I
!■'"(
SOME INDIAN EPISODES.,
his visitors, who ho knew wore actuated by a desire
to Have him as well as tiie white men, he condueti'd
himself in a friendly mamier, even lendinj^ Fairchild
a horso to ride, his own havini^ strayed, or having
been stolen by Jack's band.
In this conference Jack reiterated his charges
against the Indian department, and denied all respon-
sibility in the matter of the fight of the 29th of
November, saying that the troo[)s fired first; also
denying that he or Scarface had had anything to do
with the murder of the settlers which followed, say-
ing that L(mg Jim was accountable for those atro-
cities; pretending to bo quite above killing settlers,
and able to fight armed men. The result of the con-
ference was twofold. It gave Jack an opportunity
to gain over the Hot Creeks who accompanied Fair-
child and through them the whole band ; and it
convinced the military that no terms need be de-
manded of the Modocs until they could enforce an
unconditional surrender. War was inevitable ; and the
settlers along the route from Lost river to Fairchild's
immediately removed their families to Yreka, wl ilc
those in other parts of the country were removed to
Rogue River valley. Men who must remain in iso-
lated localities surrounded themselves with stockades.
When Colonel Wheaton received the letter of
Superintendent Odeneal, before referred to, it found
him confined to his bed with quinsy. He immediately
answered that steps had already been taken to con-
centrate, if nee ssary, all the available mounted nu ii
of Harney, Bid 'ell, Warner, and Klamath to compel
the removal of ick's band to the reservation, should
they resist; but e trusted there would be no serious
difficulty when ti attempt came to be made.
In reply to th letter of Colonel Green informing
him of Jack's refusal to move, or even to listen to any
further parley on the subject, and of Superintendent
Odeneal's requisition for a force to intimidate hiiu,
1
\
n
f(
Whe
niand
uud c
cut's
to th
tain 1
dutacj
(I K
men
gati!
di recti
every a
iiig thii
Would
subinisf
f^ufficiei
fore W
miscJiie
The
Camp \
tJiu way
ordered
all the n
t]ie sanu
rnad. I
iioKI) eni
3<i of D
Biilwell,
noon of
make for
trains, w[
tliat C(»ul(
oj.portuni
stronghoh
<Ji" supplie,
In orde:
otlier sett
seemed th
COXCKNTR.VrroX OP TROOPS.
480
Whoaton ronllcf} th^i. i •
■'"■"di-'g '>*oer at Fort^'';;?' '"■''« -'iroctal tI,o con,.
••"" •'"■"IH-l the M„d,,™t,^ :.""*''. '" '•'■T'vs.'nt l,i,„,
'Mt's autl.„rity, U8i„./l|| H,r?""" ""•" ""I'-^riiitoa,!-
t;.m Perry's troop i' Z"J" "-^mfiTeo hi,,, witi, Cap-
. ota<.|,„.„„t fro,,, 'Ca„;p B w. II „?! '?'• "'"' "'«' »
<'• Kyle, wliich would , rive 1^, • I L,eute„a.,t J.
'"<■" m addition to Jaefs ,A ^^^''"'y-fivo cavalry.
Katu force of 150 conmin i '> '""'''"« »" a««ro.
'li'''-t«I hi,n to proc 'd r^' "'"'1''*'' '■»™''y- He
;'>'0-way sustainCheln r""'"';' "P"" *'"^ <'"ty. in
"« tl.at nothing 2re t,,an r"/'''""'^"-'"*- ''"' aJd-
«"uld be requi^^d Ta ^ i.tv 'T "['"'I'^^y f'«e
™h„„s.,on. Tl,e consome, ce^:/!'"";' *^"''"^'' ""«
»nffi.',ent show of such fo^f, „| ,"",'"}""*'' """'« »
f";o Wheaton's order arrK-pd „* p*'^ ,'<""»'" Be-
■>"-l"ef had been con'sSed ''"'■' ^''""''* *«
ilio nionient that news of ti ,•
Ca'np Warner, WheatonTh-,,?! i , p'^^'f •''"^'''^'l
tile way of Yainax to ioin T t ^''"y" '""'P. by
'>;;'ored Captain Ber,Sfr [uT"' Crawley 's ,'^L„5
« 1 the n,en that could be sr^Pf '' ?,'<'""^"' *'"•
tliu ^n,e point, by the way of ?, ?, *'"" !"«'. *«
>■".■« Perry's co.npany {.f! r"- T'*^'"" ^■'"i'mnt
".Mth end of Goose lake vallv "*''*,'"''"<■''"' •" «>«
^1 "t December, and CaS Re *'"!,."'•"'" "^ «'«
y«eU „i„ety.six miwC, r^w?'*':'^ ' *'"""1' '' '*
'"";" of the followinir dav «?,"•> "' "" *''" '•'■■«.
;"".ke forced marches, anTnoft ^*-<?f« ""ie.c.l to
t;«iiis, which w,,uld fo C " I 'i '™" ""• SKpl'ly-
l«'t <-"„ld be inadt ateelT' hij,"^^*,"'-''' ,"" «» '-'^te
"I'l'ortunity afforded the \r '^'ai'sed, and ample
*-"nsbold'they mtht'',3^°j'7 t" rcnove to Z
— - «.t a„dl-i-- 1;;-',-.
SOME INDIAN EPISODES.
Bernard's troop was stationed at Land's place, which
was on the east shore of Tule lake, on the border of
volcanic country popularly known as the lava beds,
and which extended around the southern shore of the
lake westward for fifteen miles. From Bernard's
camp to that particular portion of the lava beds where
the scout had discovered Captain Jack's band to be
safely stationed, was about thirteen miles, the trail to
the stronghold being over and among masses of
broken rock of every size, and similar in character to
that which had aflforded the Pit Rivers their secure
hiding-places when General Crook attacked them in
the autumn of 1867. On the west side of the lava
beds was stationed Perry's command, at Van Bre-
mer's rancho, distj. t twelve miles from the strong-
hold, at the crossing of Cottonwood creek by what
was known as Lickner's road, and not far south of the
crossing of the Yreka road ; while Jackson remained
at Crawley's where Green had his headquarters.
As fast as transportation could be procured, the
material of war was being gathered. The governors
of Oregon and of California were called upon for aid
by the citizens of both states, the war being almost
equally in both. Governor Booth of California re-
sponded by sending arms and ammunition on the call
of the settlers near the boundary, the arms being out
of date, and the ammunition two sizes too large for
tlie arms Governor Grover, requested by Superin-
tendent Odencal tv> furnish arms to the people of
Oregon, responded by forwarding an immediate sup-
ply. The Washington Guard of Portland, Captain
Charles S. Mills, tendered its services to the state,
but were declined only because a company of volun-
teer militia organized at Jacksonville, and anotlior
company raised in Klamath basin had already been
accepted; the former under John E. Ross, and the
latter under O. C. Applegate. Applegate's company
consisted of seventy'' men, nearly half of whom were
Indians from the reservation, mixed Klamaths, Mo-
THE SEVERAL LEADERS.
487
docs, Snakes, and Pit Rivers. They were occupied
during the time the regular troops were massing their
material, in scouting through the country, to prevent
not only fresh outrages on citizens, but to intercept
Jack's messengers and spies, whose visits to Camp
Yalnax were a source of some uneasiness.
Now that Jack had decided upon war, his great
endeavor was to gain over the Modocs on the reser-
vation as he had done the Hot Creeks, and in order
to do this he employed threats as well as entreaties.
Those who would not help him were to be considered
his enemies, and killed as if they were whites. The
Hot Creeks, being oiF the reservation and uirprotected,
were easily convinced tliat their safety lay in follow-
ing Jack; the reservation Indians were differently
placed. So long as they were loyal to their treaty
obligations, they could demand the protection of the
government. It was even for their interest to assist
in putting down Jack, who they knew would scruple
at nothing to carry his points, or to draw them into
the trouble he was himself in. Sconchin and the
most intelligent of the reservation Modocs understood
this perfectly. At the same time there was always
tlic possibility that Jack might carry out his threat
to destroy the camp at Yainax, in which case trouble
would follow, either through the coi.llict of the two
bands, or through the reservation Iiidlans being
frightened into complianci^ witli Jack's demands. Nor
was compulsion alone to be feared, but tlie influence
of the feeling of kinship, which is strong among the
Indians In order to guard against a surprise, the
agency buildings were enclosed by palisades, and a
guard maintained day and night.
When Canby received the report of the battle of
the 20th of November and the subsequent slaughters,
he ordered Colonel Mason, with a battalion number-
ing sixty-four men, to proceed to the Klamath coun-
try to join the command of the district of the Lakes,
488
SOME INDIAN EPISODES.
i I
On the evening of the 3d of December Mason left
Portland by special train, accompanied by captains
George H. Burton and V. M. C. Silva, and lieutenants
W. H. Boyle and H. De W. Moore. On arriving at
Roseburg, the roads being very heavy with mud and
the transportation of baggage difficult, the remainder
of the march to Jacksonville and over the mountains
in rain and snow occupied nearly two weeks, so that
it was past the middle of December when Mason re-
ported to Green at Crawley's. It was not until about
the same time that Wheaton, having recovered from
his indisposition, reached Green's headquarters from
Camp Warner by the way of Fort Klamath, where he
found the supply of ammunition nearly exhausted by
issues to the settlers on the day after the battle at
Jack's camp, necessitating the sending of Captain
Bernard with a detachment and wagons to Camp
Bidwell for a supply.
Meantime neither the Indians nor the troops were
idle. Captain Perry was still at Van Bremer's with
forty cavalrymen. Colonel Ross, in command of the
Jacksonville volunteers, was at Snell's place, near
Whittles' ferry. On the IGth of December detach-
ments frtmi both companies made a reconnoissance of
Jack's position, approaching it within a mile, and be-
ing led to believe that it could be surrounded so as to
compel him to surrender. Of the strength of the
Modoc position the military authorities knew nothing
except by rumor up to this time, and had not yet
learned definitely much. Few whites had ever visited
tliis place, the access to whicji was extremely difficult.
It was known that the lava beds contained an area of
ten miles square, broken by fissures and chasms from
ten to a hundred feet in width, many of them a hun-
dred feet deep, and that it abounded in caves, one of
which was said to contain fifteen acres of clear space,
with an abundance of good water and many openings,
the largest of which was of the size of a common door.
There were places in the lava beds where grass grew
THE LAVA BEDS
489
in small flats, the trails to which were known onlv to
the Indians, and where their horses were secure.
From the rocky pinnacles with which the region was
studded, the advance of an enemy could be discovered
five miles off, while from their secure liiding-i)laces
the dwellers in this savage Gibraltar could watch their
approach within twenty feet. When the stores col-
lected in the caves were exhausted, they could steal
out through the winding passages, and watching their
opportunity drive in the cattle found grazing outside
the lava beds ; or could in the same stealthy manner
procure fish and fowl from the lake. Nothing could
bo stronger or better chosen than the Modoc position.
Should amnmnition fail them, they could still make
arrows. Even in cold weather little snow foil in the
lava bods, and that little soon melted away from the
warm rocks. The reconnoissance revealed many if
not all these advantages, and impressed all minds with
tlie certainty that it would be by hard fighting that
Jack would be dislodged. Amotig other things, it
revealed the apparent necessity of using howitzers and
shells to drive them out of their hiding-places, and
terrify them. An order was accordingly sent to Van-
couver for two howitzers, waiting for which occasioned
still further delay and much impatience among the
troops, both regulars and volunteers, the latter having
enlisted for thirty days only, and the time being al-
ready half spent in comparative inaction. The weather
was very cold, besides, and the state troops but ill
supplied with blankets and certain articles of [)rovision.
Another difficulty presented itself The volunteers
being state troops had organized to fight in their own
territory, whereas the Modoc stronghold lay just over
tlie line in the state of California; but Wheeler and
(xreen recognized and letjalized the invasion of Cali-
Umua, by ordering Ross to pursue and fight the hostile
Indians wherever they could be found, regardless of
state lines. ^
m
SOME INDIAN EPISODES
Actual hostilities were commenced on the 22d of
December by Jack's band in force attacking a wagon
from Camp Bidwell, with a small detachment under
Bernard, when within a mile of camp at Land's, on
the east side of Tule lake. One soldier, five horses,
and one mule were killed at the first fire delivered
from an ambuscade. The sound of their guns being
heard at camp. Lieutenant Kyle hastened to the res-
cue with nearly all the troops, only ten being mounted.
Skirmislnng was kept up throughout the day, the
Indians being driven from one rocky ledge to another
by tlie superior arms of the troops, the range of which
seemed to surprise them greatly. Their object in at-
tacking was to capture the ammunition in the wagon,
in which attempt they failed, losing their horses, and
four warriors killed and wounded. A buijler whom
they pursued outran them, and made good his escape
to Crawley's, when Jackson's troop was at once sent
to the aid of Bernard, but before h's arrival tlie Ind-
ians had retreated. About the same time the Indians
showed themselves in small parties on Lost river, op-
posite the military headquarters, invithig the attack
of the soldiers, and also on the mountain near Van
Bremer's, wliere Perry and Ross were encamped.
Evidently the apparent hesitation of the troops had
given them much encouragement.
About the 25th of December Wheaton, who was
awaiting the arrival of the howitzers and of amnmnition
from Camp Bidwell before making an attack on the
M(jdoc stronghold, had as above mentioned ordered
the Oregon volunteers to the front. Captain Apple-
gate, anticipating an early engagement, and fearini;
what might happen in the event of the ^lodocs beinjj;
driven from the lava beds witliout being captured,
sent information of the coming battle to the settlers,
and instructed them to fortify. The people in Lan-
gell valley nearest the stronghold, preferred going to
Linkville ; and while a party of five families were en
route they were fired upon by Modocs concealed in
I!
LrniLY FIGHTING.
491
had
was
ition
the
3red
red,
^ers,
jan-
t.)
en
II ill
the rocky ridge near the springs on Lost river, twenty
miles from that place, but were relieved and escorted
to their destination by a scouting party. A supply
train on its way from Fort Klamath to headcjuarters
was also attacked, and a party of the escort wounded,
being relieved in the same manner by the volunteers.
Applegate having transferred the case of Camp
Yainax to Dyar, who with a guard of fifteen men
proceeded to take charge, and watch over the friendly
Modocs in case of a visit from the hostilos, hastened
to join Green's forces at the front, where drilling and
S(()utlng continued to occupy the time. Green, who
retained command of the troops, under Wheaton,
was ordered to attack the Indians whenever, in his
judgment, sufficient supi)lies and amnmnition had
been received, but not to attack until these had been
furnished, and in the meantime to make frequent re-
connoissances.
Green had never fought the Oregon Indians, and
was confident that when his preparations were com-
\Acte, he should achieve an easy victory. With the
howitzers, and one snow storm, he said, he was ready
to betjin.
On the 5th of January^ Captain Kelly of the vol-
unteers, with a party of twelve men, and five Indian
scouts, made a reconnoissance to look for a more prac-
ticable route than the one in use from Van Brim-
mer's, Green's headquarters, to the ^lodoc stronghold.
On the way they came upon a party from Jack's camp
of about twenty warriors, evidently upon a fiTaging
expedition, who retreated toward camp on being dis-
covered, and were pursued by the volunteers for three
miles. When overtaken they had dismounted and
fortified. The volunteers also dismounted, answering
the fire from the rocks which soon brought to the
rescue of the beseiged the remainder of Jack's war-
riors. The soldiers then retreated to an open field,
followed by the Modocs, who, finding their position
unfavorable for attack, returned to their stronghold.
Hi
at
SOME INDIAN EPISODES.
A run by Applegate with twenty men, around Van
Brimmer's hill, as the ridge between Van Brimmer's
and the lava beds was called, rev^aled the fact that
the Modocs used this height as an observatory whence
they informed themselves of the movements of the
troops. Scarface afterward said that Applegate's
party passed within twenty feet of his hiding place,
but he could not safely attack. On the 12th of Jan-
uary a scouting expedition, consisting of thirteen men
under Perry, a few Klamath scouts under Donald
McKay, thirty men, half of them Indians, under Ap-
plegate, and the whole under Green, made a recon-
noissance to the lava beds from Van Brewer's, to as-
certain the practicability of taking wagons to a posi-
tion in their front. On the appearance of Green with
Perry's detachment, the Modoc pickets fired on them
from a rocky point of the high bluff, on the verge of
the lava beds. Perry returned their fire, and drovv.
the Modoc guard over the bluff, shooting one of
Shacknatjfcy's men through the shoulders. Applegate
came up in time to observe that the Modocs were
scattering in small parties to ascend the bluff and get
on the flank of the troops, when he distributed his
Indians along the bluff for a considerable distance, in
the rocks, to intercept them.
Scarface, who was standing upon a high point in
the lava beds, discovered the movement, and cried out
in a stentorian voice to his warriors, "keep back, I
can see them in the rocks." The Modoc guard then
fell back half way down the hill, where they made a
stand, and uttered speeches of defiance to the soldiers,
and entreaty to their Indian allies, reproaching them
for joining themselves to their natural enemies the
white men. Captain Jack and Black Jim were very
confident, daring the troops to come down and fight
them on the lava beds. Hooker Jim said, once he
had been a peace man, but was now for war, and if
tho soldiers wanted to fight, the opportunity should be
afforded them. One of their medicine men then
MODOC BRAGGADOCIO. 498
made an address to the scouts, entreating them to
join the Modocs, saying that if all the Indians should
act in concert they would be few enough. Donald
McKay answered them in the Cayuse tongue that
their hands were red with the blood of innocent
white people, for which punishment would surely fall
upon them. Jack then said he did not want to fight
Cayuses, but soldiers ; and growing indignant, finally
invited them to come and fight him, saying he could
whip them all. The Klamaths asked permission to
reply, but were checked by Green, who did not think
the comnmnication profitable to either side.
A retreat was ordered, it not being the intention of
Green to fight on that day, and with so small a force.
To this Applegate's Klamaths were opposed, saying
that the troops had the advantage of position, and
could easily do some execution on the Modocs. As
the force of Green withdrew. Jack's men resumed
their position on the high bluff, and Applegate's com-
pany being then on the summit of the second ridge
wished to open on them, but were restrained, and the
command returned to headquarters.
It was now the middle of January, and nothing had
been done to relieve the public suspense. The settlers
in Klamath valley remained in the fort. The road from
Tule lake southward was closed. Fairchild and
Dorris had converted their places into fortified camps.
There was talk of other settlers being exposed, and of
volunteer companies forming in some of the northern
California towns to go to their assistance ; in fact Mr
Dorris had been selected to make personal application
to the California governor in their behalf. But this
functionary had other advisers, and had made or did
soon make a recommendation to the government to
set apart five thousand acres of land, in the vicinity
preferred by Captain Jack, as a reservation for the
Atodocs ; and implied at least that it was a desire for
speculation on the part of the Indian department m
m
4M
SOME INDIAN EPISODES.
Oregon which brought on the war ; a charge justly
resented by the people of southern Oregon The
government, however, declined to yield any further
to the demands of Captain Jack or his intercessors.
On the IGth of January, everything being in readi-
ness and the weather foggy, which answered in lieu
of a snowstorm to hide the operations of the troops,
the army moved upon Jack's stronghold. General
orders had been issued on the 12th concerning the
disposition of the troops, and the most perfect under-
standing prevailed as to the duty expected of every
division of the forces. The regulars in the field
numbered two hundred and twenty-five, and the vol-
unteers about one hundred and fifty. The latter con-
sisted of the Jacksonville company, the Klamath com-
pany, and Fairchild's California company of twenty-
four sharpshooters who offered their services on the
16th.
At four o'clock in the morning Colonel Green, with
Captain Perry's troops, moved up to the bluflf on the
south-west of Tule lake, to clear it of Modoc ])i('kets
and scouts, and cover the movement of the main
force to a camp on the bluff three miles west of tlie
Modoc stronghold, located so as not to be observed
by the enemy. By three in the afternoon the whole
force on the west side of the lake, consisting of Mason's
battalion ; two companies of infantry under Captain
Burton and Lieutenant Moore ; a detachment of an-
other company, under sergeant John McNamara;
the Oregon volunteers, commanded by General John
E. Ross ; two companies under captains Hugh Kelly
and O. C. Applegate; Lieutenant Miller's howitzer
battery ; Captain Fairchild's sharpshooters — all but
seven of the scouts, dismounted, and provisioned with
cooked rations for three days, had been meanwhile
encamped in a juniper grove, with a picket line
thrown out along the edge of the bluff, and another
around the camp.
Captain Bernard's force on the east side of the
CRAWLING INTO THE STRONGHOLD.
495
lake, consisting of his own and Captain Jackson's
couipanios, and twenty regularly enlisted Klaniatli
scouts under Dave Hill, had been ordered to move up
to a point not more than two miles from the Modoc
position, to be in readiness to attack at sunrise ; but
proceeding in ignorance of the ground, he came so
near to the stronghold that he was attacked and
obliged to retreat with four men wounded.
The camp was early astir on the morning of the
17th. As the troops looked down from the high
blutf upon the lava beds, the fog which ovorl^ung it
resembled a quiet sea. They were to plunge down
into til is, and feel for the positions assigned them.
Mason with the infantry occui)ied a position on the
left of the line, resting on the lake, with Fairchilds
sharpshooters flanking him; to the right of the in-
fantry were the howitzers; in the centre General
Whcaton and staff, Major General Miller and General
Ross and staff; on tlie right of the generals cai)tains
Kelly and Applegate; and on the extreme right
Captain Perry's troops, dismounted ; Colonel Green
in command of the whole. Descending the bluff by
the narrow trail, surprised at meeting no Modoc
pickets, the troops gained their positions in the order
given about seven o'clock. Hardly had the line
formed when the Modocs opened fire. It had been
the desii'n of Wheaton to move out on the riuht until
Green's command met Bernard's in front of the
Modoc position, when three shots should bo fired by
the howitzers to announce a parley, when Captain
Jack would be given an op[)ortunlty to surrender.
But to carry out this progrannne, it was soon dis-
covered, was impossible. The Modocs were not to
be surrounded in their stronghold and asked to cajjitu-
late, but forced the troops to fight for every foot of
ground on the way toward it.
On account of the density of the fog — which now
was found to be an obstacle instead of a help to suc-
cess in reaching the central cave, the Indians having
406
SOME INDIAN EPISODES.
the advantaj^e of being familiar with the passages
among the rocks, whereas the troops were obliged to
scramble over and among them as best they could,
at the risk of falling any moment into an anjbush —
the movement aimed at on the right was extremely
slow. Nevertheless, it was steadily pushed forward,
all caution being used, the men sometunes lying down
and crawling prone over the rocks within a few yards
of the Indians, who could be heard talkhig, but who
seldom could be seen, though they were able to see
through openings in their defences the approaches
of the troops as far as the fog would permit.
The howitzers, which had been so much relied
upon to demoralize the Indians proved useless so long
as the enemy's position was concealed from view.
The line, after advancing a mile and a half, was
halted, and a few sheila thrown, causing some excite-
ment among the Modocs, over whose heads they
passed, falling beyond Bernard's line on the east side
of the stronghold ; but through fear of hitting Ber-
nard's troops the firing of the battery was suspended
and Green pushed on the west line by a series of
short charges another mile and a half passhig over
ravines running and sounding the war-whoop.
It is related by Applegate that Green, who during
this advance carried one of his gloves carelessly iu
his hand, was frequently shot at by the concealed
Modocs, who attributed his immunity from harm to
some charm or "medicine" contained in this glove.
They also shot at Captain Applegate and his brother
Ivan who accompanied him, with similar results, from
which they inferred these persons had received pro-
tection from a miraculous power, and that powder
and shot were wasted upon them. The recklessness
of Green was remarked upon by his command as well
as by the Indians.
About one o'clock the extreme right of the line,
which now enveloped the stronghold on the west and
south, was brought to a halt by an immensely deep
APPLEGATES NARRATIVE.
497
and wide ravine which soparuted it from Bernard's
line on the otlier side, and which strongly guarded
tlie stronghold, being close at hand. Green at once
saw that it could not be crossed without an inunense
sacrifice of life. A consultation with Wheaton and
other officers led to a change of plan, and it was de
termined to move the west line by the left around
tlie north side of the Modoc position, along tlie shore
of the lake, connecting with the right of Bernard's
force from that direction. An order was given to
reorganize the Hue for withdrawal, which, owing to
the difficult nature of the ground, was not understood
by all the officers, and created a confusion which but
for the all-enveloping fog might have resulted in a
heavy loss.
" While we were charijing down this ravine," writes
Applogatc, "I fell, probably from the etl'ect of a shot.
RL'Covering myself, I joined the line, jumped the
canon at the bottom, and took up position on a sage
plain on the otlier side. Such a volley met us that
the sage brush was mown down above our heads
where we lay. Then came the order Look out for
Bernard! The volley was from his line. While pre-
paring to charge the stronghold, I saw the troops on
the left withdrawing. I did not understand the
movement, but kept place in the skirmish line. I
saw a soldier fall, one of Perry's men, and took
cliarge of him. On nearing the brink of the strons:-
hold I found most of the troops had passed under
the bluff, and the rapid firing gave notice that a
severe conflict was going on there. A message was
received from General Wheaton to report to head-
quarters for orders, which I did, and found that the
regulars had already passed around to the north side
of the lava bed to join Bernard, and that Wheaton
wanted the volunteers to remain with the headquar-
ters. I was ordered to take my men to the lake for
water, after which I formed a line in advance of
cal. Int. Poc. 82
^H
m
SOME INDIAN EPISODES
headquarters in a series of crags parallel witli tlie
stroni^liolcl, and fought the Modocs as we moved.
"Hooker Jim was lying behind a wall of stone,
appearint' to command the Modocs on the left of tlio
stronghold. His voice was known to the Indians
with me; he was callin«j attention to the fact that tlie
regulars were hopelessly separated from the volun-
teers, and that by moving around our right flank tliey
could cut off our retreat. I sent Lieutenant Hizer
to headquarters to report this. I then saw a signal-
fire s[)ring up beh.ind Hooker JimV position, and then
anoth(;r, three hundred yards to the west, and heard
the war-cry repeated there, and knew the Modocs
were making a movement to cut us off. I then went
to headquai-ters myself and reported the situation.
General Wheaton had made preparations to remain
in a little cove on the shore of the lake over night,
but now determined to return to the hi<rh bluff We
could not safely have remained with only a hundred
men, burdened with the wounded and artillery, and
after fighting the Indians all ni^ht we should have
been prevented getting to the bluff, and probably all
massacred.
■* On getting my report. General Wheaton ordered
me to withdraw from the rocks and lead the retreat,
Kelly to cover tlie rear, and to fall back four milos.
I kept out a skirmish line to the left until the men
were exhausted and falling. When it became so dark
it became difficult to follow the trail, I put one of my
Modocs on the advance as guide, who led us out to
tlie top of the bluff. So suddenly was the movement
effected that the eiienn' did not discover it. We
ay
reached camp at elevca »'clock, wearied to death."
The Modocs resorted to many devices to deceive
the troops, such as wearing sage-brush fastened on
their heads to conceal their movements, and settin<5
up rocks of the size of a man's head on their breast-
works to draw the fire of the soldiers, who shot hun-
dreds of bullets before they discovered the trick.
r
A DISCOUIIAOINO DAY.
409
By the time the volunteers, who during the skir-
mishing along the route had changed pt)aiti«)n with
Perry's troop, reached headquarters, the regulars, who
were now all in the advance, had made the coimection
hv their left with BernartI, encountering a destructive
fire as they iwissed between the stronghold and the
lake, where was a ravine only less danj'erous than that
on the south side. A detachment oi Burton's coni-
l»any of infantry and Fairchild's riHemen had pushed
forward and taken position in a pile of rocks near this
crossing to cover the troops as they passed. But, as
Wlieaton afterward expressed it, on their side there
"was nothing to fire at but pufl's of smoke issuing
from cracks in the rocks," while every movement of a
soldier was likely to be observed by the Modocs, who
swarmed behind their well selected defences. The
most of the troops passed by crawling over the rocks
on their hands and feet, suffering terribly, but Burton's
and Fairchild's companies were not able to extricate
themselves until after dark. After passing the first
ravine, Bernard, who could not be seen for the fog,
called across a point of the lake to say that he was
within four or five hundred yards of the Modoc posi-
tion, and Green determined to join him if possil>le, and
charge the stronghold before dark, but after advancing
aloiujj the lake shore under fire from the overhanjjinj'
clifl's, he found himself confronted with a deep chasm
ill Bernard's front so well defended that he had not
been able to cross it all day, and had also to defend
himself from a flank movement by the Modocs on his
left. While in this discouraging position, the fog
lifted, and a signal was received from the general.
The day was now well-nigh spent, and it was by
tliis time evident that there was nothing to be gained,
even with plenty of time, by exposing the volunteers
to the same ordeal through which the rci^ulars had
l>assed. It was plainly impossible to capture the
stronghold with the men and means at command.
AVheaton therefore ordered the volunteers to remain
000
SOME INDIAN EPISODES.
where they were, signalled Green to come into camp
if he thought best, while he himself prepared to spend
the night in a small cove on the shore of the lake.
But the Indians had observed the separation of the
volunteers from the regulars, and were making prei)a-
rations to surrc/und them by getting between tlieni
and the high biuff where stores of amnmnition and
supplies had been left in charge of only ten men.
Signal fires were already springmg up in that direc-
tion, and other indications given of the intentions of
the Indians. Upon this discovery Whoaton deter-
mined to fall back to camp, and again signalled Green
of his change of plan, authorizing him to withdraw to
Bernard's camp at Land's rancho, fourteen miles dis-
tant. The forces on the west side were all of Koss'
command, a portion of Perry's troop, and the infantry
reserve, separated by the fog from the main force
during the flank movement. Just at dark the retreat
to camp began, Applogate's company leading, tlio
wounded with the artillery in tlie centre, Kelly's com-
pany and Lieutenant Ross' detachment skirmisl dug
with the Indians in the rear. As night advanced tlic
Modocs withdrew, and stumblmg along the rocky
trail the command on the west reached the camp i)f
the night before about midnight, thoroughly ex-
hausted.
But if they found a march of four miles under the
circumstances exhausting. Green's forces wore in a
worse position. Fearing to expose his men a second
time to the peril of passing the Modoc position, when
night had fallen he commenced the march of fourteen
miles over a trail fit only for a chamois to travel, car-
rying the wounded in blankets, or on the backs of
ponies captured during the day. One of Fairchilds
men. Jerry Crook, whose thigh-bone was shattered.
rode the whole distance with his leg dangling. ] lis
comrades tied a rope to it by which it could be lifted
out of the way of obstacles; but nothing could pre-
vent frequent rude shocks from the rocks and bushes.
iiiij.
MODOC VICTORY.
601
The sufferings of the wounded were horrible. Nor
were they ended when they came to Bernard's camp,
for on the lOth they were sent to Fort Klamath, sev-
enty miles away, over a rougli road, three miles of
which were naked boulders. And there were others
whose sufferintjs were aujoniziny; to bear or to behold.
It was not until between one and two o'clock p. M. of
the 18th that Green's command reached camp. When
a halt was called, the men fell asleep standing or rid-
iiiij. Their clothes were in shreds from crawlimj
among the rooks; their shoes were worn away from
their feet. If tliey had been a month in the field,
tliey could not have looked more used up in every
way. After making arrangements for the removal of
the wounded to Ftirt Klamath under charge of Jack-
son with an escort of twenty men on the night of the
I'Jth, Green and Mason returned to headijuarters on
tlie night of the 18th, attended by ten Indian scouts,
takinjj the road around tlie north side of the lake.
The loss sustained in tlie reconnoissance — it was no
more — of tlie 17th was nine killed and thirtv wounded,
including in the latter list Captain David Perry and
Lieutenant John G. Kyle of tlie regulars, both wounded
at the crossing of the ravine before the stronghold,
and Lieutenant George Roberts of the Calif :rnia vol-
unteer riflemen. The dead were left upon the field,
or if alive when left, were soon despatched by tlie
Indian women. There was no doubt that the army
had suffered a total defeat at the hniids of the Modocs,
or that the army officers were surprised by it. Their
utterances after the affair were very different from
their confident predictions before the trial. "The
ditticulties encountered in moving to connect our lines
l)y the lake side were very great," Wheaton reports,
"tlie troops being hardly able to crawl over the sharp
locks and lediT'^" that separate them, and at the same
time fight a Nvcil-entrenched and desperate enemy,
jiroverbially skillful as marksmen, and armed with
good rifles. Bernard had been unable during the en-
602
SOME INDIAN EPISODES.
n !
tire day to advance across the gorge in Lis front; tlie
movement toward his right was not accompHshed
until nearly dark, and sunset found the troops too
nmch exhausted to render a night attack practicable.
It was evident to all that we had not force enough
to invest the enemy's position, or artillery enough to
shell him out of it. ... I have never before encoun-
tered an enemy, civilized or savage, occupying a posi-
tion of such great natural strength as the IModoc
strt)nghold, nor have I ever seen troops engage a bet-
ter armed or more skillful foe."
"It is utterly impossible tt) give a description of the
place occujMed by the enemy as their strongliold," says
Green. " Everything was done by officers and men
that could be done ; troops never behaved better.
They contended gallantly with an enemy hidden by
rocks, deep gorges, and fog ; we tried it on every side
with the same result." "I will leave it to others,"
remarks Mason, "to find language to convey an
ade(juate idea of the almost impassable charactir
of the country over which these operations were
conducted, and which make the Modoc posititui
a second Gibraltar." And Bernard savs, "I have
wished, respectfully, to say that the place the Indian
now occujiy cannot be taken by a less force than si'Vi ii
hundred men; and to take the place by an assault by
this force will cost half tlie C()mmand in killed and
wounded. A large force, well supi)lied, judicit)usly
handled, moving at night by ap[>roaches, piling np
rocks to ])rotect themselves so they can operate dur-
ing the day, may take the place. Howitzers could bo
eilectually used on the east side of the lava beds."
No blame could attach to any hi consequence of
defeat. The soldier should have antici})ations of vii'-
torv, and a tjeneral should believe in his own skill.
There had been no drawbacks; the officers had gono
into the fight fully prepared, even to the fog niii( h
was to conceal their advan(e; and though tiiis »ir-
circumstance, ov its constant coutiimancc, was
BICKERINGS OF THE WHITE MEN.
son
mentioned as tletrinicntal, there could be no doubt
that it was a great protection to the troops, and that
\vithout it the loss would have been twice as great.
All through the Indian wars there was no small jeal-
ousy between volunteers and regulars. In this in-
stance Applegate was accused of doing nothing with
his company when, in reality, he was pre[)aring to
charge the stronghold at the other end of the line
wlien ordered to withdraw, and lost two of his men.
Bo vie savs the Orcijon vt)lunteers were discouraged,
and therefore failed to keep up the connection with
the riglit of Perry, when the fact is that so far from
ht M^ discouraged or reluctant to join Perry on their
hey had passed Perry and were on his right,
ri'i
iiwi s(, far in advance of him that when the connnand
was given to withdraw toward tlie left they did not
luar it and were left behind. A portion of Perry's
troop which failed to connect was excused on account
nf the fog. Boyle dismisses the volunteers with the
rciuark tliat altliouy-li there were a few brave men
among the volunteers, notabl}'. Captain Kelly and
JiieutenantReam, "their services did not renmnerate
tl 10 government for the rations consunied and the large
amount of forage furnislied their horses." Boyle, be-
ing (|uartermai-iter, may have felt tlie drain on his
siij)pJio&; but as t.(. the value to the government of
anything tl'Jt vk,' done in the Modoc country about
this time, lux alight have been grave question with-
out casting shu'^ up*»u the pco})le of Oregon.
For some re.'^*-- n, vvhich could probably be explained
in military circles, Boyle also blames Cajitain Bcrnaid
t' »r the slaughter whicli occurred in passing tlu" strong-
hold on the north, sayinij that he did ni>tobev Colonel
< Irien s order to advance his left and draw the tire of
the ModtK's while the troops were trying to make the
<'onnectioi\ vith his forces; and this, although Green
says in ln.> .port that he "sent Bernard with his
troop to di'^ them — the Indians — back, whicli he
dill successiUi.y," Bernard had more than his share
f
■
{.
■n
i IKS
ji.
h
H
p[-1
t t
k
nr
im
SO:\IE INDIAN EriSODES.
cf ihc fii'litiii'i to do, the Indians in front of him bcinix
in greater numbers than at any other point. In a
desperate encounter, such as this one, the troops
needed the inspiration of cool and confident officers ;
but Captain Jackson was so ill this day that, accord-
ing to Bernard, he should have been in the hospital,
" falling several times upon the ground from exhaus-
tion." Doubtless his lieutenants behaved valorously,
but it is plain that Bernard had his hands full, and
that he received blame which should not have been
accorded to him.
o^ the Modocs was unknown,
great. They were consid-
nidition for making sudden
The loss on the s\^>"
but was not thought
ered to be in as good
descents on the settlements as before the battle ; and
Applegate's company was sent to Lost river to pro-
tect tliose nearest to the stronghold. In fact thcv
were scouting within six miles of Lost river on the
19th, wlien Lieutenant Ream with twenty -five volun-
teers was on his way to Bernard's camp with the
horses belonging to Fairchild's company. They ];ad
captured the arms and annnunition of the fallen sol-
diers, which was considerable, as the troops were or-
dered to have one hundred rounds on their ^ ^sons,
and fifty rounds lU close reserve. The time for which
the Jacksonville volunteers had enlisted, thirty days,
had expired on the Gth, the prospect of a battle only
having detained them beyond that time; and as tlioy
had left their homes and business without preparation,
at a moment's warning, they were now anxious to re-
turn. The possibility that the result of the battle of
the 17th miffht cause an excitement on the reserva-
tion, rendered the presence of Captain Applegate at
Yainax desirable.
In consideration of these circumstances. General
Wlieaton, on reaching Van Brimmer's, sent a dispat('\
to Portland bv the wav of Yreka, askinix General
Canby for tliree hundred foot-troops and four mortars,
and suuyresting that the governor of California be
PE.VCE POLICY.
505
called upon "to send volunteers to protect that portion
of his state open to incursions from the jModocs. To
this demand Canby responded by ordering two com-
panies of artillery and two of infantry from the de-
]>.irtment of California, and one of artillery and one of
infantry from the department of the Columbia ; and,
as the inliabitants of Surprise valley apprehended an
uprising of the Snakes on account of the !Modoc ex-
citement, a company of cavalry was sent to their
protection, making the number of troops, when the
reinforcements should arrive in the Modoc country,
six hundred exclusive of ihe garrisons at the several
posts in the district of tiie Lakes. But even with
these, the country being in parts inadequately guarded,
the general sent a recommendation to army lieadquar-
tors at Washington that conditional authority should
ho given him to call upcm the governors of Califc^rnia
and Oregon for two companies of volunteers from each
state.
On the 23d the encampment at Van Brimmer's was
abandoned, the troops and stores being removed to
Lost river ford, where a permanent encampment was
made, and where preparations were carried on for re-
newing the attack when the reinforcements should
arrive. These preparations consisted in constructing
two mortar boats with which to attack from the lake-
side, while attacking at the same time from the land,
surroundino; and batterin<i down the stronL^hold — a
})lan which, had it been suffered to go mto execution,
would have put an end to the Modoc war.
But now occurred one of those blunders of admin-
istration which have periodically marred our Indian
policy
On the 30th of January General Slierman was di-
rected by the secretar\' of war to notify General Canby
by telegraph that offensive operations against the Mo-
docs should cease, the troops being used only to pro-
ti'ct the citizens and repel attacks. The explanation
soon followed A peace commissioner was to under-
606
SOME INDIAN EPISODES.
take to acconipliLih what the inilitar}^ had fiiilcd to tlo
— conquer tlie obstinate hostility of the Modocs and
obtain their consent to go upon some reservation, if
not upon that one where by the terms of treaty they
belonged.
But if Wheaton was surprised at this wholly unex-
pected change of policy, he was equally mortified at
being relieved of his command at the same time by
Colonel Alvan C. Gillem of the 1st cavalry. Nor
was the dissatisfaction on this account confined to
himself, but was shared by most, if not all, of Ins offi-
cers, and the state authorities and people as well.
That Canby regarded the change of policy as a re-
flection on himself also, seems to be indicatetl bv his
t >leorram to Sliernian, in answer to the new order
from the president and war department. He said
tliat hostilities with the Modocs could not have been
avoided, as they were determined to resist, and had
made their preparatiims ; that he had been solicitous
that they should be fairly treated, and had taken care
that they should not be coerced until their claims had
been decided upon by the proper authority; liavi:i^'
done tliat, he now thought tliev should be treated like
any other criminals, as there would be no peace on
the frontier until they were subdued and punished.
Two or three months later the government was pre-
pared to acknowledge Canby 's good judgment.
Slierman rejilied to Canby protest : "Let all de-
fensive measures proceed, but order no attack on tlic
Indians till the former orders are modified or changed
by the President, who seems disposed to allow tln^
]ieace men to try their hands on Captain Jack." How
significant of his opinion of what was going on at
Washington is Sherman's dispatch 1 In the mean-
time the President and Secretary Delano had an in-
terview with Secretary Belknap, after which Delano
informed the secretary of war that he had decided to
sond to the scene of the difficulties a commission con-
sisting of three persons, witb instruction to ascertain
PEACE COMMISSIOJf.
807
tlio causes which led to the existing liostilitics, and
tlie most eftective measures for preventing their con-
tinuance. The Secretary of the Interior further gave
it as his opinion hi the instructions, that it was advis-
able to remove the Modocs to some new reservation,
invsumably the Coast reservation; and directed the
commissioners to endeavor to get their consent to be
})laoed there, unless in their judgment some other
]>lace should be better adapted to accomplishing the
purpose of the department to make peace. The com-
missioners were directed not to interfere with the
military, otherw.se than express a wish that no unnec-
t'ssary violence should be used toward the Modt)cs,
whose confidence the government desired to obtahi,
uiul their voluntary consent to whatever regulations
miiiht be made.
As the chairman of the commission, IMeacham, had
to come from Washington, some time nmst elapse be-
fore the object for which it was organized could be
accomplished, or the business begun. This interval
was not without its exciting episodes. Between the
17th of Januarj' and the 4th of Februar}^ eight Mo-
docs had been killed, as many wounded, and nearly
all then- horses captured, their princli)al loss occurring
oil the 25th of January, when, emboldened by tlieir
hito victory, they attacked the rear guard of Bernard's
tiain while moving camp from the southeast corner of
Tule lake to Clear lake. They captured one wagon,
when Bernard returned and fought tlu'm. No losses
Wire sustained by the troops. The capture of their
liorses was a serious blow to the Modocs, who were
tlms deprived of the means of making their predatory
excursions into the surrounding country, either for
pui'|)()ses of attack, or to procure subsistence.
Being shorn of a part of his strength, Captain Jack
resorted to his native cunniny:, and allowed it to be
s'M(l tlint he was tired of war. A constant connnuni-
cation was kept up between Jack's camp and the Ind-
1 '^
m
SOME INDIAN EPISODES.
ion women living with wliite men in Siskiyou county,
the latter visiting the lava beds and carrying informa-
tion. Soon after the battle of the 17th, and about
tlie time of Bernard's last skirmish, an Indian woman
from Dorris' made a stolen visit to Jack's camp, bring-
ini; back with her when she returned another Indian
woman named Dixie, who conveyed a message to
Dorris and Fairchild from Jack, requesting them to
meet him for a conference, at a place appointed, where
they might come unarmed, without being molested.
Dixie brought the further news, that on the 1 8th a
quarrel had occurred among the Modocs because Jack
and Bogus Charley had not fought on the day of the
battle, and that in tlie difficulty Jack had been shot
tlirough the arm, all of which was intended to create
the belief tliat there was a peace party among tlie
Mod(Jcs, of wliich Jack was the head.
Tliis familiar phase of Indian diplomacy did not de-
ceive anyone ; but Fairchild beint; anxious to converse
with Jack, if indeed he wished to have a conference,
went out to the bluff overlooking the lava beds, and
sent Dixie to inform Jack that he would see him
there, and that should he come he would not bo
harmed ; but Jack refused to leave his camp. After
sending messages back and forth for some time, Jack
offered to come half-way, a proposition declined by
Fairchild, who finally sent word he would receive him
at his camp on the blufT anytime up to the evening of
the 1st. Jack, however, did not come; and it was
believed by many that he had only made an effort to
get Fairchild into his power, wliile others thought ho
really desired peace, but was afraid to risk being cap-
tured. Whatever his motives were, a scouting party
of his men, after a quiet interval of two weeks, ven-
tured out and burned the house of Denis Crawley,
made historical by the events of the 29th of Novem-
ber, and escaped again to their caves, though pursued
by the troops.
Meantime the forces ordered to the Modoc country
lllOf
SETTLERS INDIGNANT. '
809
by Canby were slowly collecting, embarrassed by the
difficulty of inoviug in midwinter. Gillem proceeded
to Yreka, where he was met by Major Throckmorton
from San Francisco, with h.is infantry comma.id, and
tooether they pushed forward to Van Brimmer's
through a heavy snowstorm, the troops having
marched all the way from Redding. A company had
been ordered from Camp Gaston, which was compelled
to march fifteen days in severe weather before arriv-
ing at Yreka. The transportation of supplies was
even more difficult than moving troops, though it
went steadily on.
On the 3d and 4th of February the Oregon volun-
teer regulars nmstered out. There were at this time
200 men at Wlieaton's camp on Lost river, and 100
at Bernard's new camp at Applegate's on Clear lake,
while Perry's company was divided between Dorris',
Fairchild's and Small's places for their protection.
The artillery and other troops were still en route ;
but there were men enough in the immediate vicinitv
of the Modoc stronghold to prevent any very open
demonstrations on their part had it been their inten-
tion to make them. On the 4th of February Gillem
took up his headquarters at Van Brimmer's, as being
nearer the telegraph station of Yreka, soon after es-
tablishing a tri- weekly line of couriers to and from
tliat place. While these preparations were making
for war, the commissioners who were to bring about
a peace were also on their way to the front.
When the people most interested in all these pro-
ceedings learned that an effort was to be made to
coax the Modocs to accept peace and the reservation
of their choice instead of punishing them, there was
a general feeling of indignation, and the grand jury
of Jackson county on the 14th of February indicted
eight of Jack's band as being guilty of the slaughter
of the 29th and 30th of November on the evidence
of Mrs Brotherton and her son who identified them.
This step was taken in order to forestall the possible
I
!
610
SOME INDIAN EPISODES.
action of the peace commission in removing tliom be-
yond the reach of the laws. The sentiment of the
sufferers by the Modoc outbreak, and those best in-
formed upon the subject, was that it was an insult to
the state, and an outrage upon mdividuals for the
govcrmnent to open this door of escape for Jack and
his band.
The connnissloners appointed by the government
to conduct the negotiations with Captain Jack wire
at first A. B. Meacham, L. B. Odeneal, and J. H.
Wilbur; but Meacham refusing to serve with either
of these men for personal reasons, Jesse Applcgatc
and Samuel Case were substituted. Canby was ad-
vised of the appointments, and also that the commis-
sions wore instructed to meet and cimfer with him
at Linkville on the 15th of February. The com-
mission was not, however, organized until the 18tli,
owing to the failure of Meacham to arrive on the
day appointed. There was a general feeling that tl.e
conunission would be a fiiilure, a fact which was ac-
knowledged by its chairman while j-^et at Yreka, in a
telegram to Washington, conveying the intelligence
that Governor Grovcr had filed a protest with tie
board against any action of the commission wlii< ]i
should purport to condone the crimes of the ]Modo( s,
who should be given up and delivered over to the
civil authorities for trial and punishment ; and hisist-
ing that the commissioners could have no power to
declare a reservaticm on the surveyed and settled
lands of Lost river anv more than on the settled
lands in any other portion of the state. To this pro-
test, which was forwarded to the secretary of the
hitcrior, Delano returned answer that the commissi( u
should proceed without reference to it; and that if
the authority of tlie United States was defied or
resisted, the government would not be responsible fr
the results, and the state might be left to take care
of the Indians without assistance from Washington.
To this somewhat insolent message the people could
SAVACIE AND CIVILIZED DIPLOMACY.
511
only reply by still protesting. The commissioners,
UiidcT tiie orders of the government, repaired to Fair-
child's rancho in order to be nearer Captain Jack's
headquarters, as well as to be placed in earlier connnu-
iiication with army headquarters and with Washington
1 ly meansof courier and telegraph, and conmienced their
labors. On his way to Fairchild's, at Yreka, ^leacham
expressed the opinion in public that Jack was an
hont)rable man, and would go upon a reservation if
requested by him to do so; but in his dispatches to
Secretary Delano he Avas l(>ss hopeful. A messenger
was immediately sent to Whittle's ferry to secure the
services of Bob Whittle and his Indian wife Matilda
in carrvinoj on negotiations with Jack. Pendinof the
result of Matilda's interview with Jack, she havinjx
been sent to solicit a conference between the Modocs
and the commissioners, the board entered upon an
invest!' >-ation, so far as thev were able, of the causes
of the present attitude of the ^lodocs toward the
government and the people of Oregon.
On the "Jlst of February, the chairman telegraphed
to tlie actinij commissioner of Indian affairs at Wash-
iiiirton, that his messenjjer to Jack had returned brinor.
ing tlie intelligence that the Modocs were expecting
some one to come to them with a message; that they
wore tired of living in the rocks, and desired peace;
were glad to hear from Washington, but did not wish
to talk with anvone who had been en«jja<j;ed in the
war; and that if Case and Meacliam would meet them
outside the rocks they should not be harmed. That
was not, however, what was reported to the commis-
sion by Bob Whittle, who said that the Indians,
twentv in number, met him accidentallv a mile and a
lialf from camp. The two parties advanced within
TOO yards of each other, dismounted, and laying down
tlieir arms, went forward and shook hands. Jack
and Sconchin, with seventeen armed men, soon
came up, and dismounting, also shook hands. Whit-
tle then made known his errand, and Jack consented
'■'■
612
SOME INDIAN EPISODES.
to a confereHce if Steele and Roscborougli, of Yreka,
and Faircliild should bo presuiit, but declined to meet
the conunissionerd, saying that though their hearts
might bo good they Were unacquainted witli them, and
desired their friends to be present.
The president had already anticipated their wishes,
and by the advice of Canby appointed lloseborougli
as one of the conmiissionera; and in comi)any witli
Stoijle, who, it was thought, would bo useful in com-
municating with the Modocs, the new commissiom r
was on his way to the front, when a second interview
was had with Captain Jack. At this meeting, on the
24th of February, Whittle was met a mile from the
lava beds by a party of forty Modocs heavily armed,
carrying needle guns, but declaring that tliey had no
disposition to fight, and only wanted peace. Jack
boasted to Whittle that he was not yet so thoroughly
incensed as ho might be, and pointed hi evidence t >
the fact that the houses of Dorris, Faircliild, Van
Brimmer, Small, and Wliittle, were yet standing;
saying again that he would consent to talk wit
Steele, Roseborough, or Faircliild. No propositi(
on either side were made for peace, negotiations (-.
this character being left to be considered in general
council, should a council be arranged. Meantime
Jack was growing impatient, and expressed a desire
to have the meeting with the commissioners ovei-.
A Modoc named Dave returned to the camp of tlio
commissioners with Whittle, and on the following
day took a message to Jack that Faircliild would visit
him on the 26th to arrange for the council.
Accordingly, on that day Fairchild visited Jack,
accompanied, not by Whittle and Matilda, but by
Hiddle, and his Indian wife Toby, as interpreters.
He was charged to tell Jack that the commissioners
would come in good faith to make peace, and thougli
he, Fairchild, could not give them the terms, he would
fix upon a place and time of meeting, and whatever
he agreed to would be accepted. But Jack would
MORE CONFERENCES.
513
not consent to come out of the lava beds to Iiold a
council, nor would Fairchild agree that the coininis-
sioiKirs should go unarmed into the lava beds. Fair-
child therefore returned without having come to any
urrant'eniont: and with him camu several of the worst
of Jack's band, Hooker Jim, Curly-hi^aded Doctor,
a:i(l Shacknastv" Jim, who wished to make terms with
Lalake, tlie old chief of the Klaniaths, for the return
of a banil of sixty horses which the Klamaths had
taken from the Alodocs during the war, and which
Ldake now promised to restore. No one had any
iiuthority to interfere or to prevent the Modocs thus
supplying themselves with liorses, while pretending to
bj waiting to make peace with the agents of the
government.
Oil the arrival of Roscborough and Steele the
h )ard of commissioners met, when the terms of peace
which should be presented to Jack were discussed.
The discussion resulted in ofFcring a g- iieral anuujsty
to all Modocs, on condition of their full and complete
suTendcr, and consent to remove to a distant roser-
v.itioii within the limits of Oregon or California; all
c )iiiinlssioners voting for these terms except ^leacham.
Fiiirchild was also instructed to say that Cauby would
make peace and conclude terms, !Meacham also dis-
senting from this proposition.
With tlioso instructions Steele proceeded, on the
otli of March, in company with R. II. Atwcll, a
newspaper rcportor, Fairchild, and the interpreters,
lliildle anJ his wife Toby, to the Modoc strongiiold,
a; 1(1 had a conference with tlie head men concerning
tli'j acceptance of these propositions of the peace com-
nussion. Captain Jack gave his consent to the terms
offered, and a3 Steele supposed accepted for his band,
though there was evidently some dissatisfacti(>n on
the part of a portion of his men. As Steele had but
little knowledge of the Modoc language, and as Jack
spoke no English except a few English names of
tilings, Steele was deceived as to the real import of
Cal. Int. Poc. S3
514
SOME INDIAN EPISODES.
what was going on, and misunderstanding Jack's pro-
fessions of peaceable intent, fully believed he had
bound his people to surrender to the government and
accept its mercy. The mistake seems to have been a
singular one, inasmuch as Riddle and his wife were
the best of interpreters, and both Steele and Fairchild
familiar with Indian manners; besides which, Scarface
could speak English, and probably some of the others.
On returning to headquarters Steele reported that
peace was made ; the Modocs accepted. An immedi-
ate feeling of relief was experienced by the commis-
sioners, who set about preparing despatches and
sunnnoning couriers, when Fairchild declared there
was a mistake in the report; the Modocs had not
agreed to a surrender and removal. So confident was
Steele that he had understood Jack correctly tliat he
proposed returning and having a second interview.
Fairchild, equally positive there had been a misunder-
standing, and fearing the effect when Steele's report
became known to the Modocs, declined to expose him-
self to their rage. Meacham, in view of these con-
flicting opinions, cautiously reported that he had reason
f )r believing an honorable and permanent peace would
be concluded within a few days, at the same time so
guarding his statements as to commit himself to no
particular theory.
This caution was well timed, as the result of Steele's
second interview proved. On returning to the cave
the same evening, he found the Indians nnich excited,
by what it was difficult to toll. Hooker Jim and tlie
others who visited the camp at Fairchild's might have
been alarmed by stories received from go-between
Indian women and vicious white men ; this was the
view adopted by the friends of the Modocs. But
there were other circumstances that looked like pie-
meditated deceit and treachery. The Modocs liad
been reiinforced by twenty warriors, though Captain
Jack still professed peace principles. S?onchin was
openly hostile, and professed great anger at the pro-
JACK DEFIANT.
615
posal to surrender, rejecting emphatically all offers of
j)eace. Even Steele, whose confidence in the Modocs
was so great, was alarmed. That night he slept in
the bed of Scarface, who sat beside him until morning
to protect him from the bloodthirstiness of others.
In the morning Jack wore instead of his own a
woman's hat, and Sconchin, as on the previous even-
inu^, made a war speech, violent in tone and manner.
When ho had finished, Jack threw off his woman's hat
and hypocrisy together, and made a very determined
war speech, declaring that he would never go upon a
nservation to be starved. When told bv Steele of
tlio power of the American people, and the futility of
resistance, he listened with composure, and then re-
plied, "Kill with bullets don't hurt much ; starve to
death hurt a heap 1 "
He referred also to the punishment inflicted on
his people when he was a boy by the Yroka volun-
teers under Ben Wright, and having made as strong
a case as he could to justify his actions plaiidy defied
tlio i)(>wcr of the United States. As much in sym-
jiatliy with them as was Steele, he was glad to be
permitted to return to Fairchild's on the morning of
tlio 4th of March. No full report of this interview
was ever made public. It was understood that the
peace commissioners offered anmesty to all the Modocs
who surrendered as prisoners of war, to remove them
to Auixel Island in San Francisco bay, and feed and
shelter them until a reservation could bo found for
tlieni in a warmer climate, presumal)ly in Arizona.
They were to be comfortably clothed and shtltercd
wliere they were until conveyed to Angel Island, and
Canl)y ofl'ered to secure permission for Captain Jack
to visit the president of the United States in com-
pany with some of his head men.
Tliese offers were, to the comprehension of Jack,
but signs of weakness. Why should Canby and the
coinnnssiniiors extend forgiveness to an enemy if they
could kill him? Such an offer could only proceed
S16
SOME INDIAN EPISODES.
from a conviction that the Modocs in their caves
were invincible ; or otherwise the proposition must be
a trick to get them out of their stronghold. Jack
made a counter proposition, to be forgiven and loft in
the lava beds. He had only twenty-three warriors,
he said, forgetting that on the previous evening
Steele had seen sixty-nine at the council. He wanted
Meacham and Applegate. with six men, unarmed, to
come on the following day and shake hands with him
in conclusion of a peace.
On returning from this interview Steele advised
the commissioners to cease all negotiations until the
Indians should themselves solicit terms; that the
Modocs thought the white men were afraid of them,
and carried on negotiations solely in the hope of get-
ting Canby and Gillem, Meacham and Ap|)legate in
their power, in which event they could certainly kill
them. As for himself he would not take the risk
again of going to the Modocs.
The second report of Steele produced a decided
change in the prospects of the commission, and Mea-
cham at once telegraphed Delano that the Modocs
rejected all offers, and that their proposal to meet in
full force two of the commissioners and six men, un-
armed, in the lava beds signified treachery i that tlic
commissioners were still willing to meet the Modocs,
but not on their terms; that the Indians had lieen
reiinforced from some source ; that protection liad
been offered to all who would come out of the lava
beds; but that the conmiicsion was a failure and lie
waited for instructions.
To this candid statement Delano telegraphed that
he did not believe the Modocs meant treachery; that
the mission should not be a failure ; that he belicvid
he understood the unwillingness of the Modocs to
confide in him, and that negotiations should be con-
tinued. How the honorable secretary came to know
so nmch my authorities do not say. Canby tele-
graphed to Sherman on the 5th that the reports fruia
ALLEGED WRONGS.
517
the Modocs indicated treachery and a renewal of
hostilities. In reply Sherman said on the Oth that
the authorities at Washington confided in him but
not in the commissioners, and placed the matter in
his hands.
o
While the negotiations with Jack had been in
progress the commissioners were engaged in examin-
ing;, according to the instructions of the Secretary of
tlie Interior into the cause of the war. On the 22d
f February their first report was formulated, in
wliicli was recited all the alleged wrongs of the
Modocs, as alread}^ known to the reader of my general
liistory, dissatisfaction with the Klamath reservation
as a place of residence, owing mainly to the domina-
tion of the Klamaths and ill treatment by the agents.
With reference to these charges, the commissioners
n marked that concerning the latter complaint it was
well founded; they were satisfied the fault lay in the
treaty, and not in the conduct the agents and em-
ployes of the reservation. If food and clothing had
IxH'U insufficient they had nevertheless been impar-
tially distributed. No indulgences had been granted
to one tribe or band not extended to all; and wliile
the Klamaths, Snakes, and Sconchin's band of
Modocs were contented. Jack and his followers alone
found cause to justify a refusal to perform their treaty
stipulations.
Out of this refusal had grown the causes which led
to the war ; the assertion by the Modocs of a right to
a country which they had conveyed b}- treaty to the
I'nited States, and which was subsequently settled
upon in good faith by citizens of Oregim; their per-
sistence in rf)amhig over, and refusal to abate their
pretensions to, this country, treating the settlers as
tlieir tenants, and committing acts which must inevita-
lily lead to collision between the races. Then followed
the attempt to compel them to go where they belonged
— an attempt ordered by the Indian department at
518
SOME INDIAN EPISODES.
Waslilngton — and their resistance. These were the
causes which led to the war, as found by the commis-
sioners.
Their instructions also required them to devise the
most judicious and effective measures for preventing
the continuance of hostilities, and for the restoration
of peace. The findings upon this question were rather
ne::^ative than positive. The commission decided that
in any settlement of the existing hostilities it would
be inadmissible to return them to the Klamath reser-
vation, or to set apart a reservation for them on Lost
river, or anywhere in the vicinity. They objected,
also, to a poace on the basis of a general amnesty,
which would bring the federal and state governments
in conflict, and furnish a precedent calculated to cause
misconduct on reservations, besides greatly offending
the friends and neighbors of the slain settlers. It
was their opinion that the eight warriors indicted in
Jackson county should be surrendered to the state
autliorities if demanded, though the government
should assign them counsel for defence, and secure
them an impartial trial, protecting thtra from lawless
vi(jlence. Should the terms which the commission
would submit to the Modocs be accepted, namely, a
general amnesty, with the exception of the eight war-
riors, and removal to a new reservation far away, they
should be taken away at once to some fort, other than
Fort Klamath, where they could be protected and
kept under surveillance until their final destinati(»u
was decided upon.
The reasons assigned for these conclusions were
that although before the 29th of November it might
have been practicable to have assigned the !Modocs a
reservation on Lost river, the events of that day ren-
dered such a proposition absurd, even had not the
previous misconduct of the Indians made it impolitic'.
There could be no real peace with the Modocs in that
vicinity. On the Klama li reservation there could ho
scarcely less cause of conflict, since the Klamaths luul
DIVERS OPINIONS.
519
taljen part in the war against the Modocs. The
Klaaiaths themselves would object to having the res-
ervation made a penal colony for thieves, with whom
they were expected to live on terms of equality. The
objections to a general amnesty were founded upon
the history of the Modoc rebellion from first to last,
culminating in resistance to United States authority,
and the slaughter of settlers. To the report of the
conmiissioners Canby gave his approval, with the ex-
ception that he held the opinion that the Indians by
surrendering as prisoners of war would be exempt
fiuni process and trial in either Oregon or California.
From this opinion Iloseborough dissented, but thought
neither state would attempt to punish the warriors if
satisfied they would be removed to some distant coun-
try beyond the possibility of a return. This was so
far as the people of California were concerned, who
seemed to have more sympathy for the Modocs than
for the suffering settlers. But the people of south-
ern Oregon were extremely sensitive on the subje( t < f
a general anmesty, and expressed themselves in a
manner that was construed by the Modoc apologists
to mean general bloodthirstiness on their side. It is
not unlikely that representations to that effect found
t!ieir way to Washington through other avenues than
tlie California newspapers, and that the secretary of
tiie interior feared the effect of such utterances upon
the members of the commission ; hence the authority
givon to Canby to select two other commissioners to
fill the i)laces of Applegate and Case, resigned. That
Ai)plogate would have resigned had not his relatives
been impugned by the allegations of Captain Jack,
into which mquiry was ordered to be made, is rendered
j)robable by his separate report made on the 'Jth of
March.
" The commission appointed to examine into the
causes and bring to a conclusion the Modoc war,
liaving concluded its labors," writes Jesse Applegate,
" it was atfreed that each member should submit his
620
SOME INDIAN EPISODES.
own views and opinions of the subject as a final re-
port. In pursuance of which agreement I submit the
following opinions: 1st. The causes leading to the
war were the dissatisfaction of Captain Jack's band
of Modocs with the provisions and execution of the
treaty of October 14, 1864, and refusal to abide there-
by. To what extent wrongs justified resistance, the
commission, having no power judicially to investigate,
cannot say. 2d. The immediate cause of hostilities
was lesistance by the Indians to military coercion,
3d. Unconditional surrender of the Indians, and the
trial and punishment of the guilty by the civil author-
ities, would have been more satisfactory to the whites,
and a better example to the Indians, than more len-
ient conditions. 4th. Terms of surrender were offered
the Indians to save the further effusion of blood, and
secure a permanent peace by the removal of the whole
tribe out of the country ; a result scarcely to be hoped
for by continued hostilities. 5th. The terms agreed
to by the commission were suggested and must be
carried into effect by the military. A commission to
negotiate a peace was therefore unnecessary. 6th. A
commission to inquire into the causes of the war
should be composed of men wholly disinterested in
the findings of the commission, directly or indirectly,
and clothed with full power to investigate. 7tli.
Some of the personnel of this connnission being ob-
noxious to the Indians, it was a hindrance to negotia-
tions. Having no power to administer oaths, or send
for persons or papers, and the official acts of the chair-
man to be reviewed, its findings nmst have been im-
perfect and unsatisfactory in regard to the causes of
the war. I therefore consider the commission an ex-
{)ensive blunder." Mr Applegate's compensation had
leen fixed at ten dollars a day, and expenses; but
with that chivalrous independence which ever char-
acterized the man though accepting the service lie
declined the pay.
Prom the 6th of March, it might be said that no
pe?
hai
of
tici
JACK'S SCHEMING.
821
peace commission existed. Everything was in the
hands of General Canby, who was the representative
of the military power in Oregon. As if Jack had an-
ticipated something of this kind, and feared hostilities
would be recommenced before the end for which he
was now scheming could be accomplished, on the day
following Steele's final visit to the stronghold he sent
his sister Mary to Canby, to say that he accepted the
terms offered on the 3d of present protection and
support and removal to a distant country ; aski.ig
that a delegation of his people might be permitted to
accompany the government officers in search of a new
home while the remainder of the band waited under
the protection of the military. He likewise proposed
that his surrender should take place on Monday,
March 10th. To this proposition Canby assented,
informing Mary that Jack, and as many of his band
as were able to come, would be expected that evening,
or the next morning, and that wagons would be sent
to tha edtje of the lake to bring in the others on
^Monday ; also that if Jack did not c(nne tlie matter
would be referred to the military. But Jack did not
come as expected on Thursday evening. Messengers
wore sent, instead, saying that the Modocs were
burying their dead, and could not yet leave the lava
beds, but would do so soon.
When Mary came the second time, she brought the
followinsj messatjes from Jack and Sconchin, in refer-
ence to the threat of Canby to send the troops unless
Jack and the head men came at once. Sconchin
said, "I have heard the talk tliey have sent. I don't
want to fight any more. I don't want to shoot any
more soldiers, and I don't want anv soldiers to shoot
my people. I have but a few men, and I don't want
to fight with more men than I have got. I didn't
think the peace connnission would get mad so quickly,
or the soldiers. The talk looks as if tliey were mad.
I want to live in peace. I don't want to go anywhere
to fight. I want to live in my own house, and I want
522
SOME INDIAN EPISODES.
to live in pea«e. I want to know what officer got
mad so quickly. There are only two head men of us,
and we didn't get mad ; we wanted to live in peace.
Do they want to come and shoot us again ? I don't
want to slioot anyone, and I don't want anyone to
shoot my men. I have thrown away my country, and
now I want to go away and hunt another. I thougl t
they were to come and take me away at once. I
wanted time to take my people, some ot' them are sick,
wouldn't be able to go away at once ; and I don't want
them to go to killing them again. I have got all my
people to say yes, that they are willing to go, and not
talk bad any more. I don't want this country any
more — I want a warmer country. I explained this
to my children, and they all say yes and sanction it.
I want to remain a little while. Some of my pe<jple
are sick and can't go, and then the military can go
with them."
Jack said: "I am very sad. I want peace quick,
or else let the soldiers come and make haste and fight.
I want to stay here a little while, so that my people
can get ready to go. I say yes to going to a wainicr
country; and this is tlio first time I have said yes. I
don't want my people shot. I don't want my men to
go with guns any more. I have quit forever. I have
buried the past, and don't want to be made answera-
ble for the past. I have heard that they wanted to
shoot me. That would be like shooting an old woman.
I want to talk good words onl}-. I don't want to
shoot or be shot. I don't want anyone to get mad as
quick as they did before. I want to live in peace. I
want to go and see my people on the reservation. My
mind is made up to say yes. I have a good heart,
and want no mistake made this time, to live with go»)d
heart and talk truth. I have no paper men, and can't
write on the papers. The papers called me batl, and
lied about me. If they don't lie to me I won't lie to
them. I want to give up shooting. I never have born
out snice I came on here. If they had come I would
REMARKS OF CAI'TAIN JACK.
88S
liave sliot them. I never have seon any white men
except tliose who came here. I want Fairchikl and
Kiddle, and anyone else willing to come out. I want
to see my people at Yainax. I have thrown away
niy country, and unless I go I never exi)ect to see my
people again ; and then I want to go to town, and
then I will go away and never expect to return. I
want to see what they have to say My nnnd is made
up, and I have little else to say. They have got my
heart now, and they nmst look after it and do right.
I am nearly well and have a gt)od heart now. I ex-
l)ect Mr. Meacham is very sick and couldn't come. I
am nearlv well, but am afraid o'l account t)f the sol-
diers on the road. There are so many soldiers around.
There are sokhers on Lost river, on Clear lake, and
l^ernard's soldiers. Wouldn't they be afraid if they
were in the same situation ? I want to ,' ee their head
men who never have been here. I have heard of so
many soldiers connng I was afraiil. When they visited
me they laid down and slept and were not pestere<l.
I had a bad heart yesterday morning when ^Ir Steele
lift here, to thiidc that he would not come bade or
believe me. If I knew the new country I would go
out when he came in. I want to visit my peo[»le,
then the new country, and want the peace connnis-
sion to go with me and show it to me. ].
wish to live like the white men. Let everything ba
wii)ed out, washed out, and let there be no nj'.rj
blood. I have got a bad heart about these warriors.
I Iiave got but a few men, and don't see how I can
give them up. Will they give up their peo])le who
nmrdercd my people while they were asleep? I niiver
asked for the })eo[)le who murdered my people. I
only talked that way. I can see how I could give
u[) my horse to be hanged, but I cannot see how I
could give up my men to be hanged. I could give
up my horse to be hanged and wouldn't cry a' out it ;
but if I gave up my men I would have to cry about
it. I want them all to have good hearts now. I
524
SOME INDIAN EPISODES.
have thrown away everything. There must be no
more bad talk. I will not. I have spoken forever.
I want soldiers all to go home. I have given up
now, and want no more fuss. I have said yes, and
thrown away my country. I want soldiers to go
away, so I will not be afraid. When I go to Yainax
I don't want to come back here, but want to go to
town, and then to the new country. I wanted to go
to a new country and not come back any more to see
my people; that is why I wanted to go to Yainax.
I want to see how many of my relations would go
with me. I feel bad for my people in the lava beds.
I would cry if I did not see my people at Yainax.
I don't know the new country, and they wouldn't
know where they were. I know no country but
Shasta and Pitt river. But I say yes, and consent
to everything and go away. I don't want to live here
any more, because I can't live here any more in
peace. I wish to go to the southern country and live
in peace. I want my people to stay here till I and
some of niy head men go and look at the new coun-
try'. I want Riddle and sojne others to go with me.
I want clothing and food for my men. I want it
given t.> them here,
am deceivin<' them.
I don't want them to think I
I want my people to be taken
care of while I am looking for the new country,
want to know where they can stay and eat wlien I
am gone. I want to stop with Fairchild. I want to
know if they got mad at me so quick because I could
not believe them at once. I could not come; I had
but two horses, and the Klamaths took my good one.
I have no saddle, and my horses have been ridden so
much they are not fit to ride. I am a chief; am
proud ; am ashamed to ride a poor horse. I under-
stand their tall. now. It seems now that I have been
with them, and talk;, 1 with them and seen them. I
talk with my mouth. They have paper men to write
down what I say. I want Fairchild to come to-
morrow to see me. Mary has brought back good
PEACE PREFERRED.
fi25
news. I want to see them as bad as they want to
s«>e nic. I don't want Fairchild to be afraid to come
nut with Mary. I want and hope Mary will come
back with message and say yes, just as I have done."
Toby Riddle, who interprcitcd the messages sent by
Jack and Sconchin, and who saw through their sinis-
ter meaning warned Can by of treachery. And read
now, in the liglit of subsequent events, their inten-
tion is plain. Stripped of iteration and verbiage, the
messages, while pretending to be for peace, were cun-
ningly arranged to hide a deep-laid scheme. Scon-
cliin affected surprise that the commissioners were so
soon offended by the faithlessness of the Modoc lead-
ers, and inquired the name of the officer who was so
impatient. Jack wanted peace or war at once, but
preferred peace. He promised not to lie to the com-
missioners if the white men who were sent to him
would tell the truth, he of course to be the judge,
lie was tired of being confined to the lava beds by
soldiers on every side of him, and wanted liberty to
go to Yainax and to Yreka; after which he would
consent to look up a new country for his people, but
wished the principal military officers and the peace
commissioners to accompany him, while all his people
but those he should select to accompany him should be
allowed to remain in the lava beds, having first re-
ceived food and clothing to make them comfortable
(luring his absence. He did not like the demand
that he was told had been made for the surrender of
tl.o murderers, saying that he had never made any
su<h demand of the white men for killing his people;
and proved his magnanimity by the fact that Steele
and the intrepreter had slept unharmed in his camp.
He was surprised and angry that Steele had not
trusted him enough to return again, and wanted Fair-
cliild to come and see him. Though there were pro-
fuse professions of a desire for peace, there was little
in Jack's me3sage to indicate an}^ degree of humility.
On tlie contrary, the terms, if complied with, would
SOME INDIAN EPISODfiS.
leave him master of the situation — the sohlicrs with-
drawn, his people clothod and fed, and allowed to
remain on Lost river, while lie went forth free.
In spite of these signifirant demands of tin* ^fodoc
leaders, Canhy, who had been forced into a position
where he felt that he must vindicate the j)ower and
the ri}^hteou8ncs8 of the government, as well as his
own ability as a representative of both, proceeded
with the preparations for receiving the Alodocs on
the 10th. Tents were put up to shelter them, with
hay for beds, new blankets, and plenty of food and
firewood, besides many articles of convenience and
even of luxury for the leaders. Four wagons, under
the char<je of Steele and a te^amster named David
Horn were dispatched to the place agreed upon, at
Point of Rocks on lower Klamath lake, where they
expected to find Jack and his party. After waiting
for several hours and no Modocs appearing, Steele
returned to Fairchild's and reported the failure of
the expedition.
After this breach of faith, Meacham telegraphed
the connnissioner of Indian aft'airs at Waslihiinton
that every honorable means to secure peace had be( n
exhausted; that the Modocs broke every promise,
and offered terms that were entirely inadmissil)l(!;
that messengers were unwilling to return to their
camp; and intimated that he C(m8idered the mission
of peace as closed, but awaited orders. He received
from the Secretary of the Interior an order to submit
his telegrams thereafter to General Canby for approval,
and in all proceedhigs to be governed by his advice
until further directed by the department.
In the meantime Canby had telegraphed that
although the Modocs had failed to keep their apjioint-
ment, and some movement of the troops might hv
necessar}% simply to keep them under close observa-
tion ; he did not regard this last action as decisive,
and should spare no efforts to bring about the result
desired. With this the secretary was better pleased,
FEARS OP THE FARMERS.
827
id
nnrl in a note to the Secretary of War commented on it
warmly in contrast with tlie expressions of the chair-
mau of the peace commission. Sherman, liowever,
was not HO san«j;uine. lie rei)Hed to Canhv's tcleirram
tluit it was manifestly (losircd hy all in authority that
the peace measures should surcoed and counselled
patience. "But shouM these peaceful measures fail,
and shcmld the Modocs presume too far <»n the for-
bearance of th(! ijovernment and a<jain res(»i't to de-
ceit and treachery, I trust you will make such use; of
the military force that no other Indian trihe will
imitate their example, and that no reservation for
them will be necessary except graves among their
chosen lava Vxds "
At this tlm(.^ Meacham would willingly liave seen
the peace commission dissolved, and more than once
liad signified his readiness to make his final report at
Washington. The peace commission was extremely
unpopular in his own state, and was likely to ruin liis
cliances for any future i)olitieal prefernu'ut. Subser-
vient as it had been from the first to the advice of the
military, by order of the government it occupied a
position antagonistic to i)eace, os it did, by tlie terms
offcired by the military, to the authorities of Or(>gon
and the sense of the people. All the other connnls-
sioners had resigned and gone honu;. The delavs
caused by the connnission m the operations of tlie
military forces were liki'ly to defeat the object for
which tliey were assembled, as with the approach of
spring the Modocs would escape into the mountains,
where no number of troops could hope to cajiture
them, and whence they could descend i»i small parties
to steal and nmrder at will. The stock-raisers in tlic
vicinity of the lava beds complained that their cattle
and sheep were lassoed not only by the Indians, who
killed all they needed, but by the army teamsters and
soldiers also, who took fresh meat when they desired,
thinking they might as well have it as the Indians.
The time was at hand for putting in crops, but no
SOME INDIAN EPISODES.
t
fanner in that rej^ion would venture to do any thing
on liis land until the Modoc difticulty should be set-
tled. Fears were entertained that the Piutes, Pitt
Rivers, and Snakes, aggregating two or three thou-
sand warriors, would be induced by Jack's success in
resisthig the United States authorities to commence
hostilities, and combine with him in a war Avhich
might become general. Already that portion of tlie
Nez Perces who had always been disaffected toward
the treaty of 1855 were making trouble in the Wal-
lowwa valley, on the eastern border of the state. No
formal treaty had ever been made between the gov-
ernment and the Indians subdued by General Crook's
operations a few years previous, who now openly re-
joiced over the rumors that Captain Jack still defied
the power of the soldiers who had conquered them,
and the inhabitants were already calling for protection
by petitions to the governor. That this threatening
attitude of the Indians was directly due to the influ-
ence of the peace connnission all were aware; and
hence arose the opposition of those not inunediately
interested in having the Modocs punished for crimes
committed by them. Of the importance of these
matters to his state Meacham was fully cognizant;
and having become convinced that no satisfactory
terms could be made with the Modocs, he was quite
willing the whole problem should be left with tlie
military for solution. Bat he was not permitted to
dispose of the enterprise into which he had brought
himself and others in that way. Instead of that,
Odeneal, who declined, and then Dyar, was appointc d
on the commission in the pla'-e made vacant by tlio
resignation of Case, and Jesse Applegate's place was
filled by E. Thomas, a method ist clergyman of Peta-
luma, he being the choice of Canby. Thus the com-
mission was reorganized.
The day after Jack's failure to keep his word with
the commissioners, a reconnoissance of the lava beds
SCONCHIN'S RELUCTANCE.
was ordered by a cavalry company under Colonel
Biddle, but nothing was seen of the Modocs. Ac-
cording to a previously expressed desire of Jack's, a
messenger was sent to Yainax to invite Chief Sconchin
and sub-chief Charley Riddle to visit him, an invita-
tion seconded by the commissioners. After several
days of deliberation, Sconchin reluctantly consented,
fooling convinced beforehand how useless would be
his intervention. At starting he said, "Let me once
look into their eyes, and I will know what to report."
Thereupon he went, and looked into the eyes of Jack
and his brother, and returning assured the commis-
sioners to hope for nothing, that all future negotia-
tions would be unavailing. There could be but one
reason why the outlaws wished to see him, which
would be an appeal to him for that assistance which
iiad already often been refused to the messengers sent
to Yainax. That communication was kept up between
tlie loyal and the rebel Modocs there was plenty of
evidence; indeed, the messenger sent to bring in
Sconchin found Long Jim, one of the warriors under
indictment, at Yainax.
On the 1 3th Biddle, while reconnoitering in the vi-
cinity of the lava beds, captured thirty-four horses,
and n)i<;lit have killed a number of savayjos had not
his orders forbidden it. The capture of the horses,
though an act of hostility not entirely consonant with
pt'uce measures, was thought necessary to lessen the
chances of escape from the lava beds before a surren-
der could be effected. In the meantime negotiations
had been carried on by means of the Indian women
living about the settlements, one of whom after visit-
ing the stronghold brought word that Jack wished for
a conference, but was afraid to couie out of the lava
hods lest Canby should ni»t be able to control his sol-
diers, in proof of which he mentioned the taking of
his horses. Being afraid to come out, he wished
Fairchild and Meacham to come to him in his strong-
hold.
Cal Int. Poc. 84
Ill
530
SOME INDIAN EPISODES.
About the middle of March, Canby and the peace
commission removed headquarters to Van Brimmer's,
and the troops now numbering between 500 and 600,
were drawn closer to the lava beds.
No material change took place in the attitude of
affairs for ten or twelve days. The material of war
was slowly brought nearer to Jack's stronghold to
convince him of the futility of all attempts at escape.
If Jack was waiting to gain time, when the snow be-
ing off the mountains the Snakes could come to his
assistance, he was in apparent danger of being frus-
trated, though that he occasionally gained some re-
cruits from renegades of other bands was credited.
On the 1 9th Meacham wrote to the commissioner
of Indian affairs at Washingttjn, that he had not en-
tirely abandoned hopes of success; even that he was
satisfied, had no outside treachery intervened, pea( o
would have been accomplished before this. The Mo-
docs, he said, had been informed that the authorities
of Oresron demanded the warriors indicted : also that
Jack would surrender them, but dared not. In tlils
letter he advocated a meeting on Jack's terms ; and
said if left to him he should have visited Jack in IJio
lava beds ; and that he was ready to do so at that
time, but was restrained by Canby.
It did not appear, however, that anything had oc-
curred that should have changed his mind since he
had written that the Modocs meant treachery. That
he did not at this time enjoy the confiilenoe of t]\o
departments is placed beyond doubt by a telegram
from Sherman to Canby, authorizing him to remox i'
from the commission any member he thought unfit,
and devolving upon him the entire management of
the Modoc question.
Canby did not think it necessary to remove
Meacham, the only member of the connnission then
on the ground, particularly as he was clothed with
supreme power. But even Canby could not make .ill
his reports agree, for on one day he thought that t\\o
FURTHER PROTESTATIONS.
m
Modocs would readily consent to go to Yainax, should
tliat be thought best, and the next was obliged to re-
}H)rt that they were not in a disposition favorable to
any arrangement; they had sent one of their women in-
to camp to say that at the last moment their hearts
failed them, and they could not make up their minds
to go to a new country. Time, the general said, was
becoming of great importance, as the melting of the
s low would soon enable the Indians to live in the
mountains, but he hoped by a system of gradual com-
pression, and an exhibition of the force to be used
ii'j;ainst them, to satisfy them of the hopelessness ot
further resistance, and give the peace party sufficient
.strength to control the band. On the 22d generals
Canby and Gillem made a reconnoissance with a cavalry
company, during which an accidental mooting was
liad with Captain Jack and a party of his warriors.
A conference between the generals and Jack and
Sconchin was arranged; but instead of Sconchin, Jack
brouijht Scarface, the acknowledi;ed war chief. Not).-
iiig could be elicited from Jack but protestations that
lie did not want to fight, nor to be shut up in the lava
beds, but would go back to Lost river. The gradual
compression went on; headquarters were once more
removed to the foot of the high bluff, witliin throe
miles of the stronghold ; while three other camps woie
established within distances varying from four to
tliirtoen miles.
At length on the 24th the new commissioners,
Tlionias and Dyar, arrived at headquarters; and also
Cajitaln (). C. Applogato, with five reservation Mo-
does who had been sent for by General Caid)v to as-
sist if possible in the peace negotiati(ms. On tlie 'JHth
Oenoral Gillem and Commissioner Thomas had an
interview with Bojjjus Charley who had bi'on itassinir
frcelv between the stronghold and the camn of tie
connnissionors for several weeks. In this interview
it was once niore agreed that the Modocs sjiould come
out the following day ; but according to their usual
I U i\
k
532
SOME INDIAN EPISODES.
tactics a delegation consisting of Bogus Cliarkv,
^laiy, another Indian woman named Ellen, and Bos-
ton Charley, was sent in their place with a message
to the commissioners and Canby of a private nature.
The impression given out at the several interviews
held up to this time was that there were two pai-tics
among the Modocs, a war party and a peace party,
and that Jack was of the peace party, while Sconchin,
his rival, was striving for the chi^'ftainship by at-
tempting to lead the majority or war party. That
this was simply a device to deceive the connnissioners
as to their real strength and purpose was afterward
made apparent ; but at the time it succeeded, as the
telegrams of Canby show. After the meeting of the
'J 2nd he said; "The result confirmed the impression
l)reviously reported, that the war faction is still pro-
dominant. Captain Jack's demeanor was that of a
man under duress, and afraid to exhibit his real feil-
iiigs. Important questions were evaded or not an-
swered at all." "^his created a feeling of compassion
toward Jack in the mind of the general who was
conducting the negotiations, and led him to believe
more in the final success of the peace commission,
^leacham, feeling compelled to follow the lead given,
as ordered by Delano, after the late unsatisfactory
meetings, again wrote to the commissioner of Indian
artulis that the principal impediment to the surrender
of the Indians was the fear that the offending wamors
would be punished, and that this fear was willfully
increased by bad white men, who desired to have the
war prolonged from mercenary motives.
This accusation, which gained most credence at the
greatest distance from the seat of war, was easy of
refutation, since the only men having the opportunity
at first to connnunicate with the Indians were those
sent by the connnissioners, and another class who
lived upon terms of equality with !Modoc women, and
who could have little of anything to gain by the con-
tinuance of hostilities, b it whose profits had formerly
CAUSE OF FEAR.
6o3
floponded greatly upon the trade of the very Indians
now rendered unable to carry on commerce by reason
of the war. It was m the power of the military at
any time to have prevented the communication exist-
ing between these women, who picked up all sorts of
stories in their intercourse with low white men and the
Indians in the lava beds, had they chosen, simply by
sending them to their people with orders to remain
there until Jack surrendered. That this was not done
was a miUtary blunder. On the other hand, the peace
oounnission, which was military in its feelings, being
desirous of establishing the character of the govern-
ment for magnaminity, encouraged the Modocs while
still avoiding hostility to send small parties almost
<laily to headquarters, where they could observe all
that was going on, and where they were sure to hear
from those who were most likel}' to seek their society
auvthinij and evervthing. These blunders were the
direct cause of the fear which, if any, possessed tlie
Indians, which fear was therefore chargeable to those
conducting tlie peace commission, and not to any
other persons. Above all, the authorities at Wash-
ington, who had sot their hearts upon the success of
a doubtful experiment, by insisting upon pacific meas-
ures when these measures had been persistently re-
jected by armed savages, possessed of considerable
kniAvledgc of the government, were responsible for
the present condition of aftairs.
So far was this infatuatiisu rnrrird, that on receiv-
ing Canby's telegram saying that Jack still wished to
return to Lost river, Delano instructed the general
not to require that any of the propositions heretofore
made should be accepted, but if the Modocs insisted
on not going elsewhere, to allow them a reservation on
Lost river; and if they were opposed to the surrender
of the offending warriors, not to insist upon that, but
to include them also in the amnesty.
From the 26th to the 1st of April nothing occurred
i.iii
634
SOME INDIAN EPISODES.
of importance at headquarters, though news was
brought from Langell valley that Hooker Jim and a
party of Modocs had shown themselves near Alkali
lake and driven ofF a large band of horses; also that
on the night of the 24th they were at Yainax where
they talked until moniing, trying to persuade the res-
ervation Modocs and Klamaths to join Jack, telling
them that five tribes had promised to take the war
path with him as soon as he left the lava beds, and
that unless they united with the war confederacy they
would not be safe. They sent their women to a man
named Jordan, who lived with an Indian woman, to
buy powder, but failed to obtain any. This move-
ment of the Modocs greatly alarmed both the white
men and Indians in Sprague River valley ; and as the
conduct of the Snakes in Goose Lake valley was
alarming, a petition was presented to the governor of
Oregon for protection.
The raid of the Modocs into Langell valle}", and
their threats to the reservation Indians, somewhat
alarmed the families at the Klamath agency, who
were almost entirely unprotected, Dyar being absent
on the business of the peace commission, and the other
white men assisting the Indians with their farms on
diflferent parts of the reservation. Knowing that the
Modocs might in one night make a descent on the
agency, Captain Pollock, in command at the fort, ad-
vised the temporary removal of the families to the
post, and made a requisition on General Gillem for a
few men to guard the government property on the
reservation, which requisition was not honored on ac-
count of the need of all the troops about the lava beds.
The messenger who carried the despatch at his own
instance circulated the rumor in Linkviile that the
Klamaths had joined the Modocs, the families at the
agency had taken refuge at the fort, and the country
was in a state of alarm. Happily Captain Applegato
chanced to be at Linkviile, on his return from tlie
headquarters of the peace commission with his Modoc
MOVEMENTS OF THE TROOPS.
delegation from Yainax, and was able to quiet the
apprehensions occasioned by this unauthorized allega-
tion against the Klaniaths. The people on tlie reser-
vation were at no time afraid of the Klamaths, although
tliey were just then under apprehensions in regard to
tlio hostile Modocs. The Indians on the reservation
vere fearful of an attack. "Jack had long before the
war told old Sconchinand other Yainax Indians," says
Applegate, "tliat in case of a war with the whites he
would destroy Yainax, and kill the Indians tliere if
they did not join him. Old Sconchin told me this
oaily in the war, and said if Jack's band came to
Yainax on a raid, his men would die fighting ft)r the
place and their white friends. The Modocs did scout
in the vicinity of Yainax, and it is altogether probable
tliat had we not been constantly on the alert a descent
would have been made on us during the first months
of the war."
On the Slst of March a movement by the troops in
f )rcc was made, three hundred marching to the upper
end of Lower Klamath lake, and thence on the 1st of
April to Tule lake and the lava beds. On the 2d the
Modocs siijnified their willingness to confer with the
coinnnssioners at a point midway between headquar-
ters and the stronghold. Jack reiterated his terms,
to be allowed to have Lost river, with a general am-
nesty, and to have the troops all taken away. The
most that was accomplished was to obtain consent to
erect a council tent, the weather being stormy and
coltl, at a place on the lava beds about a mile and a
quarter from tlie camp of the connnissioners, where
future nesiotiations could be carried on. On tlie 4th
a request was made by Jack that Meacham, Rosebo-
rougji and Fairchild should meet him with a few of his
men at the council tent. They went, accompanied by
Riddle and his wife Toby as interpreters. Jack was
accompanied by six warriors and the women of his
own family.
Colonel Mason had been ordered to move his com-
I
"I-
I'l
SOME INDIAN EPISODES.
li
pany to camp two miles from the stronghold on the
east side, and the movement seemed to have had some
effect in bringing^ about the interview. The council
was opened by Roseborough, who explained to the
Indians their position. Jack and Sconchin both re-
plied that they wanted the Lost river country, and
reiterated their former demands. Roseborough replied
that it was useless talking about Lost river, because
they had sold it, and could not have it back; that
blood had been spilled tliere, and the Modocs would
not be able to live there in peace. Jack replied
that his young men had done wrong in spilling the
blood of innocent men, but declared that had no set-
tler been in the fight of the 29th of November, none
would have been killed.
He then recited his grievances while on the reserva-
tion. But when shown by the commissioners that ho
could not have his demand for the Lost river country
complied with, or if complied with that he could not
enjoy peace there after what had happened, he said
that if he could not have that he would say no more
about it, but would accept a small reservation in Cali-
fornia, including Willow, Cottonwood, and Hot creeks,
with the lava beds. This, too, was refused as imprac-
ticable.
When Meacham addressed the Indians, they lis-
tened with indifference. Tne council lasted for five
hours, when it was sn.ddenly terminated by the Ind-
ians, who retired, saying if they changed their mind
in the matter, they would report next day.
On the following morning Boston Charley came to
the commissioners' camp and wished to see Rosebo-
rough, to whom he said that Jack desired another in-
terview, when Roseborough replied that he did not
wish to talk any more with Jack until he had ma«lo
up his mind what he would do. Boston then remarkeil
that the Indians might all come in the next day,
which led Roseborough to think they really contem-
plated surrender. A message was immediately sent
SUSPICIONS AROUSED.
m
by Toby Riddle conveying a proposition to Jack to
surrender with any others who might elect to do so.
The proposition was not only declined, but in such a
manner that on her return Toby assured the commis-
sioners and Canby that it would be no longer safe for
tlieni to meet the Modocs in council. Tht; informa-
tion was lightly treated by the generals, and by Thomas
— the former feeling behind them the power of the
federal government, the latter trusting in the power
of the almighty — but was regarded as of more con-
sequence by Meacham and Dyar, who better under-
stood the characters of the informer and of the Indians
informed against. Through the indiscretion of Thomas,
the Modocs were made aware that their contemplated
plan of assassination was understood, a knowledge
which undoubtedly hastened its consummation.
On the morning of the 8th Jack sent a messenger
to the commissioners, requesting a conference at the
council-tent, and a proposition to meet them with
only six unarmed men. But the signal officer at the
station overlooking the lava beds reporting six Indians
at the council-tent and twenty more in the rocks be-
hind them, all armed, the invitation was not accepted,
and no meeting was had. Jack understood from this
rejection of his overtures that he was suspected, and
tliat whatever he did must be done quickly. He had
jj^ained by his baffling course the time needed, so
that should he be compelled to leave the lava beds he
could escape, and join or be joined by the Snakes on
tlie east. This he intended to do, first destroying
the army generals and the peace commission, by
wliich he expected to throw the troops into temporary
confusion, and during the confusion to carry out his
plans.
Therefore on the morning of the 10th a delegation
from Jack's camp consisting of Boston Charley,
Hooker Jim, William, or Whim as he was called, and
Tfiive visited the commissioners at headquarters about
three miles from the stronghold, and brought a propo-
638
SOME INDIAN EPISODES.
a
sition from Jack that generals Canby and Gilleni,
with the peace comuiissioners, should meet the Mo-
docs in conference. The interpreters were sunt out
to learn Jack's wishes, and also to convey to him
protest from the commissioners, whioli was in writinjj;,
and which Riddle read to Jack, containing the terms
before offered — a general amnesty and a new reserva-
tion in a warmer climate.
It was evident to Riddle, from the manner of the
Modocs, that they were not acting in good faith.
Jack threw the paper sent him upon the ground,
saying he had no use for it; he was not a white man,
and could not read. He also insisted upon the com-
missioners coming a mile beyond the council-tent,
saying he would go no farther to meet them. Light
remarks concerning the conmiissioners were made in
the hearing of Riddle by others of the Modocs.
They had also been killing and were drying heef, and
had thrown up breastworks of stcme to strengthen
certain points ; all of which were to the interpreters
hidications that they were preparing for war rather
than for peace.
After a good deal of negotiating, Riddle advising
against any meeting, it was finally agreed — Thomas
being chairman in the temporary absence of Meacham
— that the conference should be held between Canby
and the commissioners on one side, and Jack with five
men on the other, all to go unarmed, and to meet at
the place selected by Jack, an extensive basin sur-
rounded by rocks, at eleven o'clock on the forenoon
of the 11th. After this decision Riddle called on
Canby and advised him to send twenty-five or tliirty
men to secrete themselves in the rocks near tlie
council ground, as a safeguard against any treacher-
ous movement on the part of the Modocs. To this
proposal the general replied that it would be an insult
to Captain Jack to which he could not consent; and
that besides, the discovery of such a movement by
the Modocs would probably lead to hostilities, and be
CANDY'S CONFIDENCE.
8S9
unwise. But aside from this it was a silly sujjfsjfos-
tion. If Jack's men were hidden behind the 1(m ks
the soldiers of course would have been discovend;
if they were not there the ])resonce of tiie soldiers
waH unnecessary. Again, l^oston Charity came
into Gillem's ramp on the evtnin*^ of tlie lOtli, and
remained there until the connnissioners left to iro to
tlie council tent next morning, seeing and reporting
evcrvthiiii;.
When Meacham heard of the arrangement, he re-
monstrated against going into the hole in the rocks
Jack had designated, and indeed against any meeting
at all ; but he finally yielded to the wishes of Canby
and Thomas, when Jack consented to change tlie
})lace of meeting to the council-tent, which he did
on the morning of the 11th.
Everything being now arranged so far as it could
bo f)r what all wished might be a conclusive confer-
ence, Riddle once more warned the commissioners
tliat in his belief the Modocs meant to kill them at
this meeting, and Toby said the same. But Caidjy
was confident that they dare not attack him with
Mason's force where it could be put into the strong-
hold before the Indians could reach it; that the road
to the council-tent had been watched from the signal
station all the morning, and that only the number of
I'ldians agreed upon were on the ground, and they
apparently unarmed. With simple and refreshing
faith Thomas said, "There is no danger; let us put
our trust in God ; surely he will not let harm come
to mon engaged in so good a work."
"Trust God, if you want to," growled Riddle,
" but I tell you don't trust them Indians." Indeed,
so earnest was Riddle that it should be well under-
stood that it was all against his judgment, that he
requested Canby and all the commissioners to accom-
pany him to the tent of Gillem, who was ill, that he
inicrht make a formal protest in the presence of that
officer, plainly stating that he consented to make one
HJ„|1,
:i:,ii-;
S40
SOME INDIAN EPISODES,
<»f the party rather than lay hhnself open to the
charge of cowardice, and the declaration was there
made. Then Riddle proposed that if the meeting;
must take place, the party should carry concealed
arnjs. To this Canby and Thomas objected, ileter-
niined on keeping faith with the Indians, though so
strongly assured of their treacherous intent. Neither
Meacham nor Dyar entertained the same scruples
regarding the savages, nor the same trust in the jus-
tice of heaven and the protecting arm of providence ;
though opposed to the meeting, like Riddle they
would go rather than be called cowards, or charged
with deserting Canby and Thomas. Accordingly
Meacham and Dyar concealed each a small pistol
upon his person to be used in case of emergency.
At the time appointed the party set out for the
council-tent. There were, besides the connnissioners,
Canby, the interpreter Riddle, and Toby. Mea-
cham and Dyar took their horses to ride, though the
nature of the ground made horseback travel slow.
Toby also rode, all the others walked. On arriving
at tlie ground, they found Jack awaiting them with the
number of followers agreed upon ; but these with the
addition of Bogus Charley and Boston Charley, who
had spent the night at GUlem's camp and accompa-
nied the commissioners to the rendezvous, gave Jack
just twice as many as were on the other side, exclu-
sive of the two interpreters.
Jack was indeed a cunning fellow, and nowhere
was his shrewdness ever more craftily displayed than
in this instance, where by making two of his confed-
erates accompany the intended victims, he could not
be accused by them of bringing more than the num-
ber agreed upon.
The commissioners* party joined the Indians, who
were sitting in a semicircular group about a campfirc
near the tent. Canby offered them cigars, which they
smoked for a little while. The council was then
opened by the general, who spoke in a kind and fatli-
THE FATAL MEETIN'O.
Ml
erly way, saying ho had for many years hcen ac-
quainted with Indians, and thought he underatood
them; tliat he had come to tliis meeting to talk in a
friendly manner to them, and conclude upon a peace ;
and that whatever he promised them that day, they
might be sure they would receive.
Meacham followed with allusions to his office as a
commissioner sent by the government to make jxjace,
and take the Modocs away from a place where blood
liad been shed, to a new and happier home, where
they would be provided with a comfortable support.
Thomas made some similar remarks. Jack then
spoke, saying he did not wish to quit the country ho
was in ; that it was the only country known to him.
}[o had given up Lost river and he wanted Cotton-
wood and Willow creeks instead. He wanted the
soldiers taken away, and wanted to be left in posses-
sion of the lava beds It was soon evident that no-
thing would be gained by the conference.
Meanwhile the air began to thicken with treacliery.
As the savages manifested uneasiness on seeing a
white man not of the party approaching the place
along the trail, Dyar mounted his horse and riding forth
turned back the intruder, that the Indians might not
suspect duplicity. When he returned he did not rejoin
the circle, but threw himself on the ground at a little
distance from it, still holding his horse by the bridle.
Mcacham's horse had been standing loose; but as
tlie conference drew toward a close, Meacham secured
tlie animal, still continuing his part in the discussion,
tlie others remaining seated or reclining on the ground.
In the midst of Meacham's remarks Sconchin threw
ill some disrespectful words in his own tongue which
the commissioners did not understand. Hooker Jim
tlicn arose, and going to Meacham's horse took the
overcoat from the horn of the saddle and put it on.
Then with mocking gestures he strutted back and
forth saying iu English, "Don't I look like old man
Meacham?"
';oii:<
548
SOME TVDIAN EPISODES.
■■ I
Every one present understood fully the significance
of the affront Treachery was rapidly unfolding
into death. None durst show alarm; and though
each was anxious to catch the eye of the others, none
must indulge in a significant glance, lest it should be
made the signal for what all felt was impending.
True, no guns were visible, but revolvers could bo
plainly seen beneath the raiment of the savages.
Calmly the general rose from his seat, again refer-
ring to his early acquaintance with different tribes o''
Indians, and pleasantly related that one tribe had
elected him chief, and given him a name signifying
" Indian's friend ;" and another had made hun cliief,
and given the name of the "tall man;" that he had
never deceived them, but had always dealt fairly with
them ; that he was there that day by order of the
president of the United States; that he had no au-
thority to remove the troops, who were there by tlio
president's order, and also to see that everything was
done that was rigl\t, by both Indians and settlers.
Sconchin replied with the demand tliat they sliould
be given the Willow Creek or Hot Creek countrv,
and that the troops should all be taken away. Wliilc
his speech was being interpreted, Jack arose and
walked around behind Dyar's horse. At the same
time two Indians, carrying several guns each, sudden-
ly appeared, as if arising out of the gn)und.
Jack returned to a position in the circle opposite to
Canby, and as Meacham demanded, " Wliat does that
moan ? " Jack gave the word in his own lansjcuaijjo,
which meant "all ready," and drawing a revolvd*
from his bosom fired at Canby who was within a few
feet of him.
When the Indians carrying guns first came in sight.
all but Toby Rid<lle had sprung to tlieir feet. Toby
lay flat on the ground. Simultaneously with Jack s
attack on Canby, Sconchin fired on Meacham, and
Boston Charley on Thomas.
At the first motion of Jack to fire, Dyar, who was a
CULMINATED SAVAGERY.
643
very tall man, and had an advantage of a few feet in
distance, started to run, pursued by Hooker Jim.
Findinj^ Viimseif close pressed, when he had gone 150
yards, he turned and fired witli his pistol, which
ciipcked the advance of the enerny. By repeating
this manoeuvre se/eral times he escaped to the picket
line. Kiddle also escaped by runnintj, though ho was
pursued by Shacknasty Jim, assisted by Branclio, who
with Scarface, Steamboat Frank, and Sloluck, had
been r-oncealed in the rocks near the council-tjround.
Toby escaped with only a blow given her by one of
the Indians who coveted her horse ; Ju ck interfer-
ing, she was permitted to follow lier husband.
It was but a few moments after Jack had uttered
liis ''all ready," when General Canby lay stripped
naked upon tlie ground with a bullet hole through
his head. A short di.stance from him was Thomas,
ill so d(!ad, and nearly naked. Near the clergyman
lay Meacham, stripped, and with five bullet wounds —
in the ftice, the left hand, the right wrist, the lobe of
one ear, and the side of the head, and a knife-cut on
tlie other side of the head. With all these injuries,
liowever, he was not dead, and revived half an hour
later when the troops reached the spot. Can any
one tell why, what is so freciuently the case, that the
two men who trusted in the Lord perished, while
t'.iosc who did not were saved?
Some would say tl;:<t tliese chivalrous persims
slioiild have exercised better judgment, and not have
(U'penuled on God to work a miracle to save men from
(h'struction, who, v'hiM; fairlv warned of their danixcr
(leliherately walk into it. Even the ph-a ofdutv does
not here obtain, for there was no oblii^ation restinji
on them to risk their lives; no principle involved in
it. no important issue turning upon it. It made no
whit difference to any (me whether or not those sav-
aj^i's were seen on that particular day, by those par-
ticular persons, and in that particular way. The last
telt.'grani from Canby on the subject, dated April
Jl
544
SOME INDIAN EPISODES.
12tli, contained those words ; "In my judgment per-
manent poac y caiHiot be secared if they are allowed to
remain in this innnediate neighborhood. The Modo( s
are now sensible that they cannot live in peace on
Lost river, and have abandoned their claim to it, but
wish to be left hi the lava beds. This means license
to plunder, and a stronghold to retreat to, and was
refused. Their last proposition is to come in and have
the opportunity of lookhig for a new home not far
away, and, if they are sincere in this, the trouble will
soon be ended ; but there has been so much vacilla-
tion and duplicity in their talks that I have hesitated
about reporting until simie definite result was at-
tained. All the movements of the troops have been
made deliberately and cautiously, so as to avoid col-
lision and to impress the Indians that we have no un-
friendly intent ; thus far we have succeeded very W(3ll,
but their conduct has given so much reason to appre-
hend that they were only trying to gain time, that I
have organized a party of scouts to operate with the
troops if they should go to the mountains or renew
hostilities."
Before General Canby had left camp at headquar-
ters he requested General Gillem, should anythiuLf
ha})pen to confirm him in his suspicions of the treach-
erous designs of the !Modt)cs, to send Doctor Cabaniss
to notify him. Soon after the commissioners reach<'<l
the council-tent, an Indian approached the jdcket-liiu'
about Colonel ^Mason's canjp, which was located at
Hospital Rock, about two miles east of tlu; stronghold,
carrviuij a white flaj;. Lieutenant Sherwooil was
sent to meet him. He soon returned and re|H»rtr(l
that three !Modocs wished to have a talk with the
conuuander of the post. Sherwood was then sent to
inform the Indians that if they wished to sec the
colonel tlKy niust ct»me inside the picket-lhie. Liiu-
tenant Boyle of the same regiment, who happened ti»
be present, asked permission to accomi)any Sherwood,
and the two officers a«rain went out to meet the lla'
INDIAN TREACHERY.
546
r)f truce, which was lialf a mile outside the lino of
pickets. Just before tluy came to it tliey wore met
hy one of the Indians, wlio gave his name asWooley-
liaired Jake, and tlie names of his Ci»m})anions as
Comstock Dave, and Steamboat Frank. He then
in(juirod if Lieutenant Boyle was the connnanding of-
ficer, and on being told that he was not, invited tlie
ofHcers to go on to where tlie flag-bearer was in wait-
ing. The manner of the Indians seemhig to indicate
tivachery, the two officers being unarmed, declined,
Imt aLireed to talk with them if tliev W()uld come to
tlu! jticki't-post. This the Indians refused, and Sher-
wood and Boyle started for their camp, a mile distant.
Xo sooner were their backs turned than the Indians
began firing, and they began dodging from rock to
r(H'k as they ran. Sherwood soon fell mortally
wounded; but Boyle escaped, Ix'ing protected by the
liio »»f the picket-guard who kept the Indians back.
1'' ' troops soon turned out aiul brought in the
svuMi.ded lieutenant, who <liod three davs afterward.
This occurred while Canby was smoking and chat-
ting with the consi)irators at the council-ground, and
was [lart of the plan by which Jack meant to deprive
the army at once of its principal officers. Had th.e
sclii'iiie succi'edcd as Jack intended, the troops placed
hy ( Jilleni near the stronghold for tlu' purpose of bi'-
iiij; ready in this or any other emergency, would have
hull thrown hito temptmir}' confusion, rendering
tht in unable to interfere with the slaughter of the
roniinissioners. In Jack's plan there was nothing
lacking.
Tin- officer at the signal station overlooking !Mason's
cani|) telegraphed Gilleni what had occurred, and the
{Iiiicral Sent for Cabaniss. A message was written,
and the doctor fullv informed of the damper of his
mission, which indeed he knew beforehand, anil was
willing to encounter for the sake of General r'anby
wlidin ho jrreatlv loved. But at the moment the
•
message was handed to hiui, the signal officer on
Cal, Int. I'oc. Hi
■ iil>
i
I
i ll
i
540
SO]ME IXDTAX ITISOPES.
the west side cried out " Tliey arc firing on the couii-
cil-tent!" The men turned out at the first ahiriii,
Sergeant Wooten, of K company of cavahy, head-
ing a party without orders. Tlie wikh^st confusion
prevailed; yet in the soh^ intent if possible to save
Canby and the otiiera tliere was a kind of order.
CilK'ni ga\e his commands rapidly, and the troops
Were only too eager to get at the assassins Coloru 1
]\riller's battery E, 4th artillery, Major Throcknio'-
ton's batteries IM and K, 4th artillery, and con(pa-
nies E and (x, I'Jth hifantry, under Colonel Wriglit
and Captain Howe, moved forward as rapitlly as they
could iTet over the rouu^h ijrou!Kl But before tliev
had proeeetled far they met l)\'ar, with the story of
the fatal catastrophe. On reaching the council-
ground !M(\acham was found to be alive, and was
rescued. The Indians retreated to their stronghold,
and the troops followed for half a mile, when they wore
halted, and at night withdrawn to camp.
Ihus ended the peace commission, conceived by
placo-huntors, and al'toiward conscientiously ii^fisted
upon by well-meaning but uninformed officers of tlic
government in opposicion to the opinions and ferliiius
of the white people most concerned, and of tlie
Indians themselves. Secretary Delano was jiangul
in effig}^ at Yn^ka, and imblic meetuiga held to dn
lionor to the nuMnory of General Canby in Portland,
where nctthhig that had hap[M nod since the assassina-
tion of President Lincoln had so afleete-d the whole
connmnnty.
In justice to Delano it should Ik^ said tbat he lind
been subjected to a strong outsi<le pressure finni
people with philaMthopic theories and no knowledge
of the subject. Letters pourod into the department
in behalf o? the ^fodocs fn»m individuals and secic-
ties of every quality and quarter. Oil tiie I'.Xli of
March a letter was sent to the ])resident by Pron-^'in
Murray of New York. re])roaching him for emf»lnv-
ing the army against the Modoca. " If true, what
S((>ol(>
the M
whv si
go n Ian
(five t
idorie i
there
tlit'ir b]
,uivcd {)
The
^WO(I(»fg
'*L;ain.st
flvrly ,!
Many I
I'he peo
Ordori
tlie Ar<„i
'•"uneil-n
line, fotv
nn\\'(>vor
infi'uitry,
"lish bcir
the Mod,
tfi'gi'apJi
J'''ad\- to
^vliich M;
l'"sition a
^'lllcii, th
"i'Jit; no
slicltiT liii
I laving nr;
^Vrhv^ se
''d!'T it !h'
'■"•4-igo in
Jlfni on ]|
''."'d, with
^■'^'''t; aii«
TARPY RESOLUTION.
547
Stoolo is roportod sayin;^, that the prcsulcnt knows
till' ]\[t>cl(»('s are not to hlanic in tliis niattiT, then
wliy sliould n<»t the army be turned against the Oiv-
HKiiians ?. . .Can you not leave tlie iModoos at rest?
(Jive them long, long time. Throw upon Oregon
iilone the nvsponsihility of this grave injustice. Is
there no way but that our army must recinve hi
their breasts the bullets which are shot because of the
;^recd and covetousness of the Orcgoniansr'
The quakers also interested themselves for the
Mixlocs, Alfred H. Love, of Pliiladelphia, ])rotestnig
;i'';iinst em])loving the army in forcing them to nuike
pr.ice, and saving the Peace Society of that city
t'i( ely discussed iwul dee[»ly deplored such a cause.
?ihuiy newspajHTS took tliis view of the subject.
The jieople of Oregon survive.
Oiders now came fr<nn Wasliington to wipe out
tlie Afodocs. On tiie day after tlie massacre at tlie
(niincil-ground, tlie Indians attacked Mason's skirmish
line, forcing the left [ticket post to give way. It was.
however, retaki'ii l>y Lieutenant Thellar, of the 'J 1st
iiitaiitrv, with a porti«»n of Company I, a sliarp skii'-
tiii^ih being ke[»t up all day and a pait (»f the l.'5th.
the ^^()d(^cs attackinii. On the 14th (Jeiieral (Jillem
trhgraphed Colonel ^Tason asking if he could be
ivady to adviiiice on the morning of the Kith; to
wliieh !M;ison rei^lied thot lie }ircferred to get his fii'st
I'nsition at night, and was ready to move that night.
f liHem thtMi ordered him to tak(> his position on that
iii^ht; not to make any persistent attack, atid to
sh( her his men as well as possible. Donald McKay
h.iviiig arrived M'ith a company of seyentv-two Warm
Si'niig scouts, which Caiiby had order«<l organized
ill'; er it !>eca:ne apparent that t)ie jSIodocs might n^-
ciigagc in hostilitic>s, ^lason was dii'ected to ))ost
tli<Mii on his left, or on the north side of his strong-
iiohl. with onlers to woi-k around toward (Jreens
ri.;lit; and bo sure to wear their uniforms to prevent
I I
Hll!
'
I .:
V
I 1
\'
648
SOME INDIAN EPISODES.
n)istakcs; not to use his artillery except ^vhen lio
thought it would h< < iToctive; and to hold every iiuli
of ground gained. "Tell your men," he said, " b)
remember Geneml Canby, Slierwood, ami the flag."
The niovement began at midnight, and before day-
light the tnn)ps were in position, about 400 yards
east of the stronghold, the right infantry, und r
Captain Burtoh, resting on the lake, and on the ht>,
the cavalr}% dismounted, under Captain Bernard, a
section of mountain howitzers under Lieutena:it
Chai»in being held suljject to speeial order. Tlic
men had thrown up breastworks of stone to conccul
their exact position from the tnemy. Soon aft< r
daylight the howitzers opened fire, and skirmishinj;
conmienced.
On the west side Perry and Cranston of the cavalry
moved at two o'clock in the morning to a pohit l)t -
yond the main portion of the .stronghold on the soutli,
where they concealed tlicir men, waiting to be j(»iiii(l
at daylight by the infantry and artillery under Alilli r
and Throckmorton, with Green and stafi". These h fl
camp at seven o'clock, and soon united with Perry's
conunand. Miller had the extreme riglit, Throck-
morton on his left, and two companies of infantry in
the centre; while the cavalry Nwre on the extreme
left, touchinij the lake, the intention beinix to elo.sf in
gradually on the stronghold from every side.
The day was warm and still, and it could be im
Ioniser .said, in defence of failure, that i'jfnorance 'if
the nature of the ground or obscurity from fog pK -
vented success; besides, every man had a [ujrsiitiiil
interest in retrieving the honor of the army from tla'
humiliati<m of the I7th of January. The first op]"'-
sition was encountered a mile and a half from Jack's
camp, when straggling shots at long range began t<»
fall among the troops, who advanciid in oj)en skirmish
order along the lake shore, sheltering theniselves as
best tlev could under cover of the ritcks in their wav.
On rcachnnj: the gorge under the blulP, a galling lire
v";is pn
station
was gi'
and ra|
;uid till
time M
iittentid
(langerc
was woi
Several
also woi
to advar
li'iitenai
li'tlf-pas<
the line
"pposite
fi''>iit wit
M'"llled
tloop.s ;
thro\vin<»
thrill a ,)
W lit U'ej
111 p'>S-40SJ
iniiii |)Ia(
••i^Cfl, only
si lo, ajso,
"f ilef('nc
Ill"ll l)V f(
At .six
^^•'f'l. an:
st|'()i|_r!io|(
"i'4'ht M;),,.^
-Moilors \v
'i"'( cl..s,.,
'filled, anrl
'li-'Jiifs Were
''^■'''•y sid(>
'^'l-nipthi
11;
if'
BATn.E OF THE LAVA BEDS
R40
vnn poured into tlicni from a large party of !Modocs
stiitioiiod tliero. The reserves comiiijr up an order
was given to cliargc, wliich was done with suoli force
luid rapidity that the Indians were ohliged to retire,
and the troops took their position. At the same
time Mason was doinnr nil in Jiis j)ower to divide the
attention of tlie Modoes, wl;ilo the army passed tliis
dangerous point. In tlio eliargo, Li(>ut<'nant Ka'fan
wa>5 wouikIcmI in tlio tliigh, but did not leave the field.
Several privates of IVIiller's artillery oonnnand w<re
also wounded. At two o'clock the order was given
to advance the mortars under Captain Thomas and
li' iitiMiants (.^'anst(m and Howe, 4th artillery. By
li;df-j)ast four t!i(\v were in position, and the left of
the line on the west had deployed down the lake
opposite to the stronghold, crossing the? ojten space in
fiMiit without loss. Half an hour later the Modoes
^ii'Uied to he concc^ntrating their fire on Mason's
troops; hut just at this time the mortars hegan
tliiowing shells into the Modoc "^losition, which gave
tli'iii a (jiversion and arrested their fire. So far all
w lit W(dl. Tlu! hlulF tak< n by the charge was still
ill pos>iession of Miller's men, between wliom and the
111 liii jdateau or mesa, in which the cavs were situ-
ateil, oidy two ledges of rock intervened. On !^^ason's
silo, also, the Modoes had abaiirlone*! their outer Hue
of defences; but the cidouid would not yet ex[)ose his
iii'ii by fidlowing them.
.Vt six o'(doek the mortars were again moved ftr-
w.ird. and by nightfall the trot»[)S in front of the
stronghold were ready to seah; the heights. At mid-
tii^lit Mason took u[) the position abandoned by the
Modoes within 100 yards of tlieir <lefences. The day
had closed with eight soldiers wounded and three
Killed, and one citizen su])pose(l to be killed. The In-
dians wore nearlv surrounded, and fouglit tlu; troops oji
• vi'iv side, seemin*if to indicate more stretwrfh than
tlii'v w(>ri' supposed to ])ossess. !^fortar ]ttartiee was
K'pt n[) throughout the night with inlcrvals of teumin-
850
SOME INDIAN ETISODES.
utos. The troops, wlio wcro jjrovitled with tlirco duys
c«)oke(l rations, ovorcoats, M.aiikct.s, and 100 rounds of
annnunition eacli, rcniainod on tlio field without chan;_'-
insjj ])o.sition.
Findinjjf when daylij^ht came on the IGth, tliat
^Eason's k'ft untk'r Tlichar had p ),sscssion of tlio mesa,
with the Warm Spring scouts on his riglit, and tlie
whole line unhrokcn, the Modocs ahantloncd tluir
strong defences, and i)assed out Ity unseen trails, g( t-
ting on his left and in his rear, pr^'venting his joiuing
(irei'u's riglit, as directed by a dispatch from (jillein.
Subsequently he was ordered to advance his right,
and join (ireeu on the shore of the lake, which move-
ment cut the Indians ofl' from water. A sharp iii-
gagement took place in ])revi'nting the Indians fr<iiii
getting to the lake. J^y ivii o'clock (ireen's liiif
had scaled tlie bluff, and reached the to[) of tlie riclij:e
next to the stronghold, meeting but little o[t[)ositioii;
but it was decided not to push the troops at this
point, as there might be a heavy loss without luiy
gain ; and the want of water would soon drive th*
jVIodocs out of tlieir caverns an<l dc'fences, while it
was not likely they couhl find a stronger position anv-
where. The work of the ilay consisted simply in
skirmishing. Nojunction was effected between !^las-
on's left and (Jrei'u's right, the principal resistauci-
being made to this m(»vement, the object of wliieh
was apparent at a latter period of the battle.
In the evenin«j tlie ^^lodocs having a large fire in
their camp Thomas dropped two shells into it wliicli
wi'fc followed by war w]k)»»[)S, and also l)y crits df
rage and pain. After this the ]\Iodoes sliowed thnn-
selv(!S and cliallenged the soldiers to do tlu; same,
IJut the soldiers were hiddi'U behind stone breast
Works in groups of five or six, with orders at no tiim'
to allow themselves to be surprisi'd. In the.se little'
forts, built at niglit, they slieltered ^^hemselves, and
caii;;lit a little sleep, two at a time, while the others
watched.
'■
CLOSINfi IN.
851
The hardest fi^lit during tho day occurred wlicn
Miller was endeavoring to form u junction witli tho
Warm Spring scouts, and failed As ho was cross-
ing a chasm, tho !Modocs suddenly appeared and
tut him oft' with thirteen inon. They fortified theni-
srlvos, and fought desjRrately until ahout four in the
afternoon, when, shellsbeginning to fall in that vicinity,
tlit y left cover and ran into the lims amid a shower
( f i)ulK'ts, losing two men killed and one woundid.
Agahi in the evening the Modocs made a movement
to hreak through tho lines and get to tlie lake, hut
Wire checked by a heavy fire from tho troops. Tho
second dav ended with some further advance's made
upon tlie ^Fodoe stronghold, and tho moilar batteries
in better itosition. The blaze of musketrv along tho
jiike sliore In the closinjjf enya-'ement at nine o'clock
in the evi'ning was likened to the dartinLj of Hanies on
;i burning pniirio seen at niglit. Once more tho troops
remained over night in the field, having nothing warm
with tJieir rations but coffee served to them hot.
Tlie conditi(»n of the jNlodoes nmst have been vi'ry
niiseral)le, hennni'd in as they were, cut off from
Wiitei', and not allowed a moment's rest from fi\ ini;
.•-IhHs. Those who watched them through field-
ulasses ((uriuiX the dav stiid that thev nm from one
' ^ Of/ »
jioint of rocks to another back and forth, with no ap-
parent motive, seemhigly dismayed by the peril that
* ii\ irone<l them. But tlie work of ext(>rniination did
not go on as (Tillem desire<l. The Warm Spring war-
riors reported killing four ^Fodocs and losing one of
tlicifown men. How many wen; killed in their cavt s
was unknown. The casualties on the part of the
tioops in the two days' fight amounted to seventeen,
only five being killed.
Cauglit thus in his own trap, tho time had come
when Captain Jack should surely bo juit to death.
< Ml the morning of tlii^ 17th the lines nu't without ini-
1' 'iiiient, and (.h)sed hi on the stronghold, finding few
• hW
m
'':W'i
i
SOME INDIAN EPISODES.
Modocs to dispute their passage. About eleven the
Indians seemed to rally, and the troo})s niu,de a gciieial
moveiiieiit to sw('«;p the lava beds. Down upon the
fated band they poured, each soldier eager to be first.
No quarter now ; think of Canby 1 Thus tliey ruslied
pell niell into the stronghold. With uplifted sword
and gun ready, all breathless they prepared to strike.
But what is this ? Where are the dastardly red
skins? Utterly vanished I An examination of the
ground showed a fissure in the pedregal leading from
the oaves to tlie distant hills. This pass had l)een
marked with rocks and poles so that it could be fol-
lowed in the darkness; and tlirough it had been con-
veyed to a place of safety the families and property of
tlie savages, men enough only having been left to
keep ui) an appearance of fighting during retreat. It
was the eff )rt to keep the pass open and undiscov-
ered, that had so long prevented the junction of iVIas-
on's left witli Green's right. After having succi'ss-
fully retreated to a place of safety, a poi"tion of tin;
Modoc warriors returned and enyfaged the trooijs for
about one liour. Before quitting the scene altogctlier
a party of them esca[)ed to the rear of (rreen's com-
mand, and between him and his camp killed a tcan)-
stor from Yreka named Eugene Hovey, nmtilating
his body horribly, and taking from him four horses
and a nmle. Two newspaper correspondents were
fired on but they escaped by running.
The news that the stronghold had been evacuat'^d,
and the Modocs had escaped, was carried by messen-
gers in every direction, and the greatest excitement
l)revailed. The intelligence was received in Yreka
witli "tlie greatest amazement," so sure had been tli
hope of tlie s[)eedy close of the war whenever the
military were jX'rmitted to act in their proper capac-
ity. Even now people tried to comfort themselves by
repeating tliat the stronghold was captured. But tlie
mere possession of tlie classic caves, now that .Ta( k
was out of them, and free to carry on a guerilla war-
EVACUATION OF THE STRONG HOLD.
r):.3
faro, was a matter of small felicitation, if not of posi-
tive solicitude.
In the caves were found evidences of the death of
scventeeu of the Modocs as it was believed. It ap-
jiiared that most of tlie women and cliildren had
\kvii removed previous to the assassination. Many
siiells wore found to have exiJoded in and ahout the
^[odoc camp, from which it is judged that they nmst
liuve had many wounded. A body was found which
was supposed to be that of Scarface Charley, tlu;
su[>position being confirmed by an old woman found
ill tiie cave and taken prisoner. It was also believed
that Sconchin was killed. This was afterwards learned
to be an error. Their scalps were still saft; on tlieir
heads, though a sergeant of troop K, 8th cavalry,
thought he had secured tliat of Scarface as a trophy.
(^>uery: because savagism scal}>s, may civilization?
Does it make devils of men to fight the devil with
his own weapon?
Smoke from fires in the southeast indicated that
tlio Indians were fleeing in the direction of CJooso
lake or Willow springs. The cavalry was ordered to
pursue. Captain Perry setting out on the morning of
the 18th to make a complete circuit of the lava beds,
which compelled him to march about eighty miles.
The Warm Spring scouts also were scouring the
country to the eastward. Both connnands were out
tun days witliout seeing the enemy. In the mean-
time !^tason was ordered to hold tlie ]\I<)doc fortress
with his couHuand, and the property of his camp at
Hosj)ital rock was removed to his former camp on
tho peninsula or Scorpion point. The cavalry not
with Perry were ordered to this camp. This left tho
tiiiil along the lake exposed to attack from tlie enemy's
Scouts.
On the 18th the Modocs came in plain sight on a
ildn'o about two mil?s oft", and seemed by their largo
liies to be burning their dead. They also fired an
w.
m
***■■?,„,
^^::';!||
(L
i
■: ..IS
IMAGE EVALUATION
TEST TARGET (MT-3)
1.0
I.I
1.25
;^iiiiiM iiM
t^ IIM III 2 2
i'~ ,i.;„n
1.8
U III 1.6
<^
V
Photographic
Sciences
Corporation
\
•SJ
^\
[V
4s
23 WIST MAirM : TREET
WEBSTER, NY. M580
(716)872-4503
^2^14
^
'«*?^
S^ 1
654
SOME INDIAN EPISODES.
occasional shot during the clay from nearer points.
On the morning of the 19th as a pack-nmle train was
on its way from Scorpion point to Mason's camp on
the lava beds with supplies, escorted by twenty men
under Lieutenant Howe ; it was attacked by eleven
]\Iodocs in ambush, who were driven back. Lieuten-
ant Leary, coming to meet the train with an escort,
had been less fortunate, losing one man killed and
one wounded in passing the same spot. As the train
was entering the lava beds it was again fired on ; and
again on returning, at both the attacking point:;.
Dunng tlie day the Indians crept up to within a few
hundred yards of the pickets, firing a volley into
camp. A shell dropped among them by Captain
Thomas scattered them for that day. They showed
tliemselves liowever on the 20th; going to the lake
for water they fired on the Warm Spring warriors
burying their dead, and even had the audacity to
batlie themselves in the lake in sight of camp, only a
feeble attempt being made to get at them by the as-
tonish (1 soldiery. In fact, they exhibited no fear
about approacliing the army camps, and the Warm
Spring warriors were posted at the head of the bay
between the lava beds and Hospital rock to prevent
the Indians visiting the abandoned camp to pick u})
cartridges, coming to the lake for water, or stealing
into Gillem's camp to gather information as spies.
Why did not the troops go forward and grind tlio
savages to powder? The men were impatient enougli
to be doing something, and vexed because General
Gillem preferred to wait for two companies of the
4th artillery, en route from San Francisco to Fort
Crook under Cai)tain John Mendenhall and H. C.
Hasbrouck, but which, on the news of the escape of
the Modocs at headquarters department of California
were telegraphed to proceed by the way of Shasta
valley to report to Gillem. They now thought they
knew that the IModocs could not be surrounded; or
THE MODOCS AT LARGK
855
waling
id tlie
iiougli
cucral
of the
, Fort
H. C.
cape of
Uforuia
Shasta
it they
led; or
if they were they had to be assailed in their strong
position, and killed or captured. To accomplish this
it was not numbers that could effect it, but skill and
daring. The officers as well as the troops shared in
the general impatience at the course of the command-
ing officer, and went so far as to say that he consid-
ered only his own personal safety, remaining in camp
during the throe days' battle, and after the kittle
having all the troops that could be spared posted at
his camp.
When the peace commission was terminated by the
assassination of Canby the whole frontier was thrown
into a state of alarm followed by an attempt t(j place
it on the defensive. Governor Grover was informed
1)V telegraph that the road from the Rogue river to
Klamath valley was dangerous and that the settlers
had been warned. He was asked to order out 300
volunteers; and did issue a proclamation calling for
that number of men to serve on exposed portions of
the frontier. He ordered Ross to raise a volunteer
company, and open the road from Jacksonville to
Linkville, and to take to the settlers in the Klamath
basin forty-eight needle guns with 300 rounds of am-
munition, which had been issued a month previous
in anticipation of difficulties following the failure of
the peace commission, and stored at Jenny creek on
the road to Linkville. At the same time the gov-
ernor sent dispatches to United States senators J.
K. Kelly and J. H. Mitchell, directing them to ob-
tain an order from the war department for 500 needle
''uns to be turned over to the state of Oret;on for the
nearest arsenal, 200 of which were due on a former
refjuisition, and the remainder to be credited to the
state on quotas due in the future, which arrangement
was effected. When it became known that the
^[odocs had left their stronghold, great consternation
l)ievailed among the inhabitants of northern Cali-
fornia, and the wildest rumors gained credence. On
:m
556
SOME nsT)IAN EPISODES.
the 19th J. K. Luttrel of the third congressional
district of CaUfornia arrived in Yreka with the intel-
ligence that the Indians of the lower Klamath and
Salmon rivers were fully informed on the Modoc war,
and there could be no doubt that Modoc runners had
visited all the northern California and southern Ore-
gon tribes. He had joined a company of volunteers
going out to bring in the remains of young Hovey,
shot on the I7th, for the purpose of visiting the
scenes of hostilities, and to make a report upon them
in his position as representative. The information
he acquired, however, was obtained in Yreka, and
from the same source that furnished all the informa-
tion that was permitted to reach Washington at this
time.
On the 20th the courier from headquarters to Yreka
was fired on while riding express about four miles
west of camp, the news of which alarmed the settlers
on Willow and Hot creeks, who apprehended visits
from small marauding bands of Modocs, and sent
their families to Yreka. To add to the excitement,
the Indians on the lower Klamath and in Scott valley
were holding mysterious dances and ceremonials,
decked in their war paint. The same rites had been
observed in Goose Lake valley, where also much
alarm was felt.
Fresh direction was soon imparted to operations by
the discovery of the Warm Spring scouts that the
Modocs were, after all, within the lava bed limits,
although six miles to the south of the former camp.
Here they had strongly intrenched themselves, and
were adding to their supplies and courage by frequent
descents on goods-trains and wayfarers. Their retreat
revealed, they became more daring, and ventured with
great bravado within range of the military headquar-
ters only to disappear as if by magic before pursuers.
It liad been learned by experience that in these nat-
ural strongholds, with their knowledge of the ground,
they could defy a manifold superior force in compara-
THE MODOC'S SURRENDER,
657
tive safety, while the besiegers were exposed at every
turn or advance.
The press and pubhc alternated between expressing
apprehension of Indian raids and condemnation of
military maneuvres, and seemed to favor a proposal
of certain rash spirits for hunting down the miserable
remnant of Modocs at so much per scalp, as the
cheapest and surest way of settling the difficulty. In
dealing with fiends, fiendish measures were allowable,
they argued. Regular warfare wa^i evidently ineffi-
cient, and would involve the needless sacrifice of blood
and money.
The military naturally scouted the imputation cast
on their ability, notwithstanding repeated missteps.
During the first march toward the new Modoc retreat,
they allowed thomselves to be surprised by the enemy,
which fell upon the reconnoitering force of Major
Thomas, and scattered it in confusion, with the loss of
twenty-two killed, and a number of wounded, while
only one Modoc perished, through his own carelessness.
The result was another period of inaction, to await
reenforcements, during which the soldiers freely ex-
pressed their lack of confidence in officers whose only
achievements seemed to be leading them into traps.
Lack of water compelled the Modocs once more to
seek a new refuge. On their way to Snow mountains
they came upon a detachment sent to head them off
from so undesirable a direction. In the effort to
stampede this force, like that of Major Thomas, they
were foiled, partly through the promptness of the
Warm Spring Indians. The pursuit by the soldiers
was, moreover, so hot that the attacking band lost its
horses, together with the reserve ammunition. Thus
crippled, they were obliged to turn toward Indian
Springs, there to be speedily surrounded by the
troops. In this dilemma they negotiated through
Fairchild, offering to surrender to him if promised
their lives. This was agreed to, and on May 2 2d
Fairchild brought in seventy captives, including a
%W
558
SOME INDIAN EPISODES.
dozen warriors, among them Steamboat Frank, Sliack-
nasty Jim, Bogus Charley, and Hooker Jim.
The band proved to be mainly Cottonwood Creek
Indians, who under accumulating reverses had tired
of danger and hardships. Not content with abandon-
ing their comrades, the above leading spirits actually
volunteered to aid in capturing Jack, who with twenty
braves had pushed eastward to Willow creek. Guided
by these renegades, captains Jackson and Hasbrouck
came so close upon the fugitives that several of their
squaws were secured. After being i>ursued to Langell
vallev, half their number surrendered, includinij: Scar-
face Charley Jack availed himself of the parley to
hasten away, only to be intercepted by a detachment
under Captain Perr}-, to whom he gave himself up
on June 1st tojjether with a few followers. Nearlv
all the remainder were fathered in durinfj the follow-
ing three daj's. Thus ended the six months campaign
of the Modocs, which cost the government one third
of a million in dollars, exclusive of pay and equipment
of troops, and a casualty of one hundred soldiers,
killed and wounded, not counting hapless settlers and
their heavy losses in property. Of the eighty war-
riors who started the war, fifty sur\'i\ed, with over a
hundred women and children.
General Davis was ordered to try the captives by
court-martial, regardless of the demand by Oregon
for the surrender of certain nmrderers amomv them to
her civil authorities for trial. Meanwhile a band of
Hot Creek Indians, under transmission to Boyle's
camp, were attacked by m?.sked men and four of them
shot. No investigation followed this cowardly deed.
The court-martial, which sat between the 5th and 9tli
of July, condemned to death Captain Jack, Boston
Charley, Sconchin, Black Jim, Watch-in-tate, and
Sloluck. The sentence of the last two was commuted
to imprisonment for life at Alcatraz, where they died ;
the other four expiated their crimes on October 3d,
at Fort Klamath. The reneirades who had assisted
FINAL DISPOSAL.
ino
to rapture them wore granted their lives, yet two of
these were ringleaders, and the worst characters in
the band. The remnant of the Modocs, one hundred
and fifty-five, including foi-ty-two males, were moved
to Indian territory, under the chieftainship of Scar-
faced Charley, their most cultured representative.
Scho il and aijricultural trainiuijc has made them «j;cntle
and nearly self-sustainhiij. Old Sconchhi remains
with his peaceable followers on the Oregon reser-
vation.
Whatever the opinion concerning Modoc character
and claims, a certain admiration must be accorded to
the stubborn determination of the band, and its suc-
cess in so lontj resistino- with a mere handful of war-
riors the overwhelming military forces, supported by
a wide-spread connnunity bitterly hostile to Indians.
The country was favorable to guerilla warfare, how-
ever. The ISIodocs were acquainted with every foot
of the ground, and used to a flitting forest life, while
tlie troops were hampered not alone by inexi)erience
in this respect, but by rigid regulations unduly enforced
bv officers with deficient trahiinij; for such service.
The former had, moreover, secret allies among the
apparently neutral tribes of the region, which were
onlv too olad to aim an indirect blow at the white in-
viiders. Nor were traders lacking, or even oflHcials,
who found it to their interest to prolong the cam})algn.
Once started on the war-path, the Indians were
l>ronii)ted both by fear of vengeance and by the hope
for some happ}'- turn of affairs to persevere.
Eastern people, safe in their seclusion, could not
understand the danger and sufl^bring of pioneers with
wives and children and scanty means, exposed to the
mercy of exasperated natives. They felt inclined
rather to sympathize with a brave minority api)arently
fighting for hearth and home, for existence, against
ruthless frontiermen and soldiers, intent alone on
usurpation and glory. Their representations before
an admuiistratiou equally unconscious of the real state
k,4
r m
M
560
SOME INDIAN EPIFODKS.
of affairs brought about the issue of instructions which
tied the hands of both settlers and troops, and werc!
the principal cause for the prohmgation of the war
and the many attendant misfortunes.
CHAPTER XX.
SOME CHINESE EPISODES.
Bom. — So have I heard on Afric's burning shore
A hungry lion give a grievous roar;
The grievous roar echoed along the shore.
Artax. — So have I heard on Afric's burning shore
Another lion give a grievous roar.
And the tirst lion thought the last a bore.
— Bomlxitttat FurioM.
In the annals of our coast there is no fouler blot
tlian the outrages perpetrated at various times and
places upon Indians, Mexicans, and Chinese. Viewed
from any standpoint the aspect is revolting. As a
free and forward nation we fling over the walls of a
close despotism sentiments which would have disgraced
feudalism. As a progressive people we reveal a race
jtrejudice intolerable to civilization; as Christians we
art' made to blush beside the heathen Asiatic; as just
and humane men we slaughter the innocent and vie
with red-handed savages in deeds of atrocity.
Let the diabolism rest where it belongs, with un-
principled demagogues and our imported rulers from
the lower social strata of Europe; such is surely not
tl;e sentiment of true, high-minded American citizens.
It is infamy enough for our people to bear, that sucli
tilings are permitted in our midst. Since our first
occupation of these shores the better class of citizens
from the eastern United States have discountenanced
impositions upon foreigners. The foreigners them-
selves, and chief among them the low Irish, are the
ones who must bear the blame. To question a right
guaranteed by constitution and treaty, to punish the
innocent, to prosecute the unoffending, cruelly to en-
Cal. Int. Poc. 36
(Obi)
mAm
562
SOME CHINESE EPISODES.
tcrtairi the weak, and despitofuUy to treat the poor is
11;) part of An^^lo-Aincricaii character. I have } ot to
find the first instance where atrocities upon the Chi-
nese were not condemned by the connnunity, by nine-
tontlis of them, and Ijy those who op[)os(xl by every
fair and humane means the presence of Asiatics in our
midst. Accursed bo tlie day that made from the dis-
tempered slums of European ce.ss-pools tlie first
American citizen, and gave liim power so to influence
for evil our politics 1
Prominent among the outrages in California upon
the Chinese are those at Los Angeles in 1871, and in
Chico in 1877. There are thousands of minor impo-
sitions, from the stoning of a pig-tail by school boys,
to the massacre of a Chinese mining-camp by bad-
blooded diggers, many of which I have given else-
where, but most of which were unrecorded, save by
the avenLjing an*jel. Yet these two instances illus-
trate the extreme to which this spoliation has been
carried in California.
Negro Alley was the Barbary Coast or Chinatown
of Los Angeles. The alley itself was a small street
connecting this hotbed of human depravity with the
business portion of the city. The two quarters, so near
and yet so socially distant, were in marked contrast, as
marked as the Five Points and Broadway, or as St
Giles and Piccadilly ; old-fashioned, low, one-storied,
whitewashed, tiled, windowless adobe buildings stand-
ing amidst filthy and unkept surroundings charac-
terizing the one, and brick warehouses, banks, and
gay shops the other. The denizens of Negro Alley
comprised the dregs of the nations. Asiatic, African,
and European, Latin and Indian there lived in un-
holy association, and for vocation followed thiev-
ing and murder. This was the nest, the city quar-
ters of that large fraternity of crime that fed on
southern California, Arizona, and northern Mexi-
co. It was the rendezvous of bandit, burglar, pi tty
thief, and gentlemanly highwayman, of men of all
sorts,
small
In
addin
demo
brotli^
As el;
Were
Itroke
fisiicu;
uliicli
a rule
trials {
tliems(
cution
eeedini
Women
for vik
Bv thr
ing or
Were o
their li'
On A
of tJie
f'onipan
one oft]
one of t
company
then ab(
suhmitte
Were dn
befi^re tJ
Yo Hin
day a pi
tico of tl
the folio
t^ase .$!,(
forward
arising ai
AFFAIR IN LOS ANGELES.
sorts, to bo bought with money, and some for a very
small amount.
In this the lowest of terrestrials made their abode,
adding their full (juota to the general fund of filtli and
demoraliaition. One of their institutions alone, the
hi'otliel system, occupied about two-thirds of a block.
As elsewhere among the Chinese in California there
were two rival companies who?e antagonisms often
hi'oke out in battles of 'jjri'ater or less degree, from
fis^icuft'to firearms. A case arose concerning a woman
wliicli excited unusual animosity between them. As
a rule the Chinese were able to manage their own
trials and punisliments, and admhiister justice among
tliemselves after their own fashion, even to the exe-
cution of offenders ca})itally, and to keej) their pro-
ceedings covered from the eyes of the law. But their
women, almost all of whom were held as chattels and
f )r vile purposes, were sometimes too nmcli for them.
By throwing ofl* the yoke for the purpose of marry-
ing or other object, and appealing to the law they
were of course protected from their owners, though
their lives were endangered thereby.
On Monday the 23rd of October, 187 1, the prologue
of the present tragedy was recited. The Ah Choy
company accused tiie Yo Hing company of abducting
one of their women, and marrying her Melican fashion to
one of their own men, in order to deprive the Ah Choy
company of their claim to her. Women were worth
thin about $400 each, and the outrage was not to be
sul)mitted to. Loud caterwauling ensued ; then knives
weie drawn and pistols fired. No damage was done
befiire the contending parties were arrested though a
Yo Hing jacket was pierced by two bullets. Next
day a preliminary examination was had before a jus-
tice of the peace, and bail fixed for appearance in court
the following day, in one case $500, and in another
case .$1,000. The manager of the Ah Choy came
forward and proffered security, when, the question
arising as to his ability to pay, an officer was sent to
■",'*¥
564
POME CHINESE EPISODES.
I
examine his effects. Tlie exhibit of $3,000 in gold
and a large package of greenbacks was reported as
the result, and the bond accepted. This display of
wealth may have had its influence in feeding the fires
of violence which followed.
Free again, the Chinamen returned at once to their
fight. Their hatred for each other was now thor-
oughly aroused; fighting men had been brought from
a distance, and to death or any other consequence
they had become ravingly indifferent. Renewal of
the contest having bc^en anticipated, scarcely were
their shots aijain heard when mounted officers were on
tlie spot attempting new arrests. But the Chinese, in-
furiated by tlie interference of law, as well as by their
own quarrel, pointed their weapons at the approaching
officers, and firiny: fled to their dens. S!)ectators coni-
ing to the rescue, the officers agam advanced, and
were again fired upon, this time with more fatal eftect.
An officer, and a citizen, Robert Thompson, were
struck, the latter dying in an hour and a half Others
were also wounded. The assailants retiring, the
Asiatics for a moment were masters of the field.
Thus far the Chinamen were wrong and deserved
punirhment, while the officers ar, ' the people acted
rightly. But now followed one of those outbursts of
demoniacal passion but too common in countries where
the people are accustomed to think and act for them-
selves. Attracted by the firing, a crowd had gathered.
Houses in the neighborhood had been closed, and
iron shutters fastened. And now at the sight of
blood, quicker than it takes to write it, a chain of
men was thrown around the block so that none might
escape. The evil element of the place, some in hope
of plunder, others from love of slaughter, rushed to
the front and assumed the offensive. Scores of
pistols were drawn, and for a moment the shot rattled
briskly against the Chinese tenements ; then all was
still. But it was the murderous stillness of the mon-
ster making ready its death grip. Then low curses
CELKSTIALS CAflED.
60S
were heard, hissed and whispered at the first, but
risiiij^ into louder deaunciat'ioiis against tlio whole
heathen brotherhood as it ran alony: the lino. Fire
was proposed to burn them out; but fear of general
conria«;rations brought forward those whoso property
would bo endangered, and the plan was abandoned.
(fOod citizens interposed their cooler counsel, but
without avail. The opportunity for blood and plunder
was too good to bo lost, Ilevenge upon a weak and
l;('ll)less race, upon those who had never injured tiicni,
upon those whose only crime was a too plodding in-
dustry, was likewise u[)permost in the minds of many.
Presently one of the besieged attempted escape.
With a hatchet in his hand ho issued from on" if
tlio houses, and running along the front a slu)rt dis-
tance endeavored to cross the street, when he wus
captured by an otlicer, and led away toward tlie jail.
The crow ! followed cryiiuj: *' lEani; him 1" "Take liini
from Harris 1" "Hang liiml" One of the mob
tried to plunge a knife into his back. He was a
littlo Chinaman for sue h bi«j reveuLre. Finallv when
half way or more to the prison he was taken from
the not unwilling officer's hands and hanged, hanged
to the crossbeam of a gateway convenient, bung-
iiiolv hanjjed until tlic little fellow was verv dead.
Tlio dance of death >vas now fairly oj)ened. Like
the flames of a city burning, the conflagration of
Hsjiulish passion roared and surged round tlie hapless
inmates of the Chinese block, as the crowd with
brutal ferocity fell afresh to their sanguinary task.
The sheriff with all his assistants sought now to
divert the fury of the fiends. The citizens likewise
lent their aid. But all in vain. Satan himself was
piping for his own to dance.
With yells of savage blasphemy in answer to the cry
for more blood, another rush was made upon the build-
ings. Mounting the roofs, they tore away the tiles
a;id fired upon the inmates, an exultant yell followinir
each successful shot. Wherever it was possible about
SOME CHINESE EPISODES,
the tenements to open with axe, or bar, or sledge an
aperture through which to fire, it was done. For
three hours this continued at sickening length. At
last the doors of tlie charnel-house were broken open
and a sea of horror, shrouded by the dismal night,
rolled stifling over the senses. Sprawling in their
gore, crouching in corners, and under banks were ti:c
mangled forms of moaning men, and women, and chil-
dren upon whoui this terrible destruction had come
thus suddenly. Little respite the rabble gave them.
Dragging from their hiding places the trembling in-
mates, one by one they brought them to the door,
where others halted and hurried them to execution.
A cluster of three were hanged to the end of a
gutter-spout overhanging a corridor; other three
were dangled from the edge of an awning ; four were
strangled at the sides of a wa^on: four were taken
to the gateway where the first was executed and sus-
pended from the same beam. When the rooms were
emptied of their living occupants, the bodies of three
who had been shot to death remained, and many
others wounded. Of those hanged one was a mere
child, and children assisted at the execution. "Most
of the whites engaged in the hanging," writes an eve-
witness to the San Francisco Bulletin, " were men of
Hibernian extraction, men in whose countenance you
could easily distinguish the brute nature that con-
trolled all their actions, but none of that face divine
we are so often delighted in looking upon. And these
men had all their brutal passions wrought to the
highest pitch. But were any stronger evidence ne( -
essary of the utter demoralization of this mob than
that already adduced, we find it in the fact that tlio
city gamins were sprigs of humanity not jet having
entered their teens, and alasl women participated in
the night's hellish proceedings. Instances of both
actually came under my own observation. At tlie
place of execution on Los Angeles street, a little
urchin, not over ten years old, stood on the top of
MURDER AND ROBBERY.
B07
the awning from which the Chinese were hanged.
He was as active as any one in doing the hangnig.
His childish voice sounded strangely at that time and
place, as he called aloud for more victims to sacrifice
to the demon-god ; and it was a stranger and sadder
sight still to behold him lay his hand to the rope,
and help them haul them up. And in the background
was a woman looking on. Her brogue betrayed her
extraction. She loudly congratulated the lynchers
on the performance of their diabolical work, and en-
couraixed them to continue." Three of the four
Chniamen who fired at the officers escaped, and only
one of those killed is known to have in any wise
offended the law. It was a most inhumane massacre
of innocent men.
Satiated somewhat with blood, the mob now per-
mitted the sheriff to drive such unslaughtered Asiatics
as he could find to prison for safe-keeping. Then the
work of robbery began, which action stamps at once
tlie character of those by whom the murdering was
done. Locks were broken and general pillage fol-
lowed. Every room of the Cliinese houses in Negro
alky was ransacked, and every shelf, trunk, and
drawer cleared of its contents. Even the pockets of
the murdered men were picked, and from one, a Chi-
nese doctor, the clothes were stripped while he was
yet hanging. From one was taken $400 wiiile on his
way to jail; $7,000 was found in the money-box of a
store ; the amount secured by the mob was estimated
at from $20,000 to $30,000. The whole affair occu-
})led about four hours, closing with half-past nine on
the night of Tuesday the 24th. At 1 1 o'clock all
was quiet in Negro alley, but it was the quiet of death
and desolation.
Attempts were made to bring the nmrderers to jus-
tice ; but law is poor and puny, in such a case it did
what it could. At the coroner's examination wit-
nesses were extremely careful how they testified lest
thoy should implicate a friend or bring upon them-
868
SOME CHINESE EPISODES.
selves the vengeance of desperate men. " The evidence
so far," says a telegram of Thursday, "implicates two
Irishmen, one having boasted that he helped to get
away with three Chinamen." And writes another,
" Let those at a distance not be too hasty in passing
judgment in this matter. These acts of atrocity were
perpetrated by a comparatively small number of men,
of the very worst class in the community." The
grand jury of Los Angeles indicted thirtv-scven per-
sons for riot. Two of them were also indicted for as-
sault with deadly weapons, two for assault to commit
murder, and twenty-five for murder.
They stated in their report that the parties engaged
in the disgraceful scenes of the 24th of October were
" the worst elements of society, and in their cruelty,
and savage treatment of unoffending human beings,
their eagerness for pillage and blood-thirstiness ex-
ceeded the most barbarous races of mankind. No
attempt was made by any officer to arrest person's en-
gaged in the taking of human life even in their prc.-
e:ice. Hundreds of law abiding citizens , who were
u.iwilling witnesses of the sad spectacles of that nl'ijht,
would have quickly and clieerfully assisted in endhig
tlie anarchy had some resolute man, clothed with
authority, placed himself at their head.*
One dark, rainy night in December 1876, fifty or
sixty men, most of them armed with guns and pi jtols,
met in the woods near Chico for the purpose of adopt-
iacf measures for the exteruunation of the Chinese in
that vicinity. Their immediate plan was to fire the
Sierra mill, where Asiatics were employed, and to
bum both Chinatowns. During the session their
emissaries were out, gathering with guarded intima-
tions recruits from among those known as favorable
to the cause, who as they approached the assemblage
cried "You" and were answered "You" such beinix
the pass- word. After some parley t!ioy began to
divide into three parties for the three proposed burn-
AFFAIR m CHICO.
639
ings, when opposition arose, some saying tliat they
were opposed to Chinese labor, but they were also
opposed to burning property. Many wore in favor
of the most sanguinary measures, which should stop
at nothing short of killing all the Chinese together
with their white employers. The discussion waxed
warm, and continued so late that action was postponed,
and the conspirators departed to meet openly m the
town hall the second night thereafter. At the place
named, and at two subsequent open meetings the
question was freely discussed, many opposed to vio-
lence taking an active part in the proceedings.
But there were those bent on blood whom mild
measures would not pacify. These met secretly again
at Armory hall ; and when those who favored clearing
that locality of Chinese by killing and stanipeding them
were called upon to enroll their names, some sixty or
seventy came forward and and signed the compact.
Constitution and b^'-laws were then adopted. The
organization was named the Anti-Chinese and
Workingmen's Association. Ofiicers were to be elected
In' ballot to serve for a term of six months, and were
to consist of a president, vice-president, secretary,
corresponding secretary, treasurer, marshal, inside
guard, and outside guard. To be eligible for member-
sliip the applicant must be not less than eiofhtet^n
years of age, and nmst hold opinions opposed to the
presence of Asiatics, and to those who employ, i);it-
r tn'ize, or advise them, or lease them houses or lands.
An initiation fee of one dollar was named, an<l signs,
grips, and passwords adopted. Officers of the law
were to be resisted if nt^cessarv, and the word "Nine"
was the cry of distress. The arm raised over the
head with the palm of the open hand forward was a
signal for help.
For greater efficiency the management was en-
trusted to a Council of Nine, consisting of three cap-
taii;s and six lieutenants, who were thems' Ives to
execute their decrees, though they might call on any
I mm
III
1%,
S70
SOME CHINESE EPISODES.
member for assistance, and do all the necessary burn-
ing and killing, which latter might include white men
as well as Chinamen. Oaths were administered
promising secrecy and implicit obedience to the or-
ders of the council of nine, under penalty of death.
Over 150 members were enrolled upon this basis.
The council of nine had their secret place of meet
ing, which was over a butcher's shop, where they en-
tered one at a time.
Most Californian towns are satisfied with one Chi-
nese quarter. Chico had two, besides scattered
clumps of Celestials in their shingle shanties or white
tents wherever they happened to be at work.
The first meeting of the council of nine was held
in February 1877, on which occasion it was proposed
to burn old Chinatown. Failing to reach a conclu-
sion, the meeting adjourned to the second night after,
when the proposition came up to burn both China-
towns. As time and the cause progressed the killing
of six prominent citizens was seriously discussed. John
Bidwell was specially obnoxious for employing Chi-
nese, and opposing coercion. Said Wrlt^ht the stable-
man on one occasion, "If the council orders me I
will go out and return immediately with Bidwell's
scalp."
A secret society called the Order of Caucasians had
existed for some time on this coast, based upon igno-
rant and fanatical opposition to Mongolians. This
organization was composed mostly of foreigners, with
a few American mountebanks, who for the privilege of
acting as leaders did not hesitate to pander to the
lowest passions and prejudices of the demented fana-
tics. While affecting great regard for law and order,
they bound themselves to principles tending to tlio
most diabolical crimes. Caucasian clubs, or encanqi-
ments as they were called, were scattered throughout
the entire country. Second only to their outrageous
measures against Mongolians was their declared an-
tagonism against American citizens who employed or
SECRET SOCIETIES.
in
befriended the Chinese. Was ever such impudence
heard of? By tliese alien hodcarriers, and the iMjllti-
cal pimps their associates, such citizens of the L'nitcd
States as preferred to employ Chinese to Irish were
denounced as public enemies, whom to injure within
their coward limit of law was imposed as a duty 1
The followinj' extract from the Caucasian constitution
speaks their condenmation in stronger terms than mine.
" Each camp and every individual Caucasian, and every
encampment, and the supreme camp, pled<^es to each
and every merchant, manufacturer, and trader, trav-
eler, mochanic, and laborer, thus acting, all their indi-
vidual and combined influence, power, advertisement,
and patronage; and shall oppose to annihilation by
every manner and means within the thin gauze of the
law all others.
"And it shall be the bounden and solemn duty of
every Caucasian, of every camp, encampment, and
the supreme camp, to pursue and injure every one
while he remains on the list of public enemi(!S, and
each and everv one forever, in all their walks of life,
save religion, morality, and person.
"Every Caucasian, every camp, every encampment,
and the supreme camp, shall labor to impede, harass
and destroy a public enemy by every mode and
means, and manner, known and unknown, wltliin the
reach of brains and thought and act, and within the
bounds of law.
"In his business, his means, his substance, his peace
and success, publicly, privatv,ly, socially, commercially,
and abov . U politically.
"Should property be lost because of such duty,
tho same not being insured, upon the pro[)er show-
ing encam[)ment shall pay the fullest insurance that
might have been secured upon such property ; and
Insured or not, encampment shall aid the faithful
l)rf>ther financially and in his credit to replace all
losses.
"Should loss be occasioned because of the duty of
ip\ :
■1!
572
SOME CHINESE EPISODES.
Caucasians in regard to the property of public ene-
mies, camps shall appraise the loss, pay it immediately
to the fullest farthing, and forward receipt and certi-
fied copy of such appraisure to the secretary of
the encampment.
"A Caucasian who knowingly breaks his pledge as
regards public enemies, shall be charged with perjury,
and if guilty, declared a public enemy, and if an offi-
cer perpetual public enemy."
With no other charge than that an employer had
discharged white labor and substituted Chinese, or
contemplated doing so, threats were made of fire and
death ; and humiliating was it to see these free white
Americans come forward and disclaim such intention,
tacitly admitting the right of the questioners to place
them under bonds. The evil eflects of this society,
besides frequent outbreaks of violence which might be
traced directly or indirectly to it, were seen in the bold
defiant tone assumed by its members, and in the idlers
that crowded the streets and who would not work ex-
cept at exorbitant wages.
Living at this time in Chico was a launder, John
Slaughter, a name significant of celestial achievement,
native of Arkansas, born of a Cherokee mother, and
aged twentv-three. He was a member of the work-
ingman's association, to join which he discharged all
the Chinese in his service, hoping thereby to obtain
the patronage of the members. Philip Rondos was
his partner, and the Chinese washermen ran them a
strong opposition.
Not long after John Slaughter had joined the
league, a stableman, Henry C. Wright, also a mem-
ber of the brotherhood, who had killed his man in
Nevada, and with H. J. Jones had burned Bidwell's
soap factory, informed John Slaughter that he, his
brother Charles Slaughter, Wright, and F. Conway,
were ordered by the council to assist at the burnini,'
of the Chinese quarters at a time named, and that all
divulge the
were to take an ironclad oath never to
CONSPIRACY AND CRIME.
679
plot nor to be taken alive. Meanwhile some difficulty
arising between the council and their president A.
M. Ames, the adventure was postponed.
After this, meetings of the order were regularly held
Monday nights, the council discussing proposed
l)urnings and killings. It was ordered that Een True
sliould be r.ssassinated for guarding the Chinese quar-
ter after the attempt to burn their liouses had failed.
( )n the night of March 8th, Eugene Roberts and John
Slaughter met opposite the Chico hotel.
'* Business," ejaculated John.
"What business?" asked Roberts.
"Some of us are going to burn old Chinatown,"
John replied.
In an open space in the rear of the town thoy met
a1)C)ut twelve ochxjk that night. One of the number,
Holderbaum, obtained three sacks of straw, and sat-
urating them well with coal oil started for the Chi-
nese quarter. For half an hour after the dogs barked
so loudly they were obliged to keep off, but finally
tney succeeded in shoving the straw under a house
occupied by a Chinawoman and igniting it.
Next, the incendiarism of the Butte Creek Gardens,
wliose tenements were rented by Chinese was ordered,
and this time more distinguished action followed the
order. By the council of nine James Fahey was
directed to reconnoiter, while the others, armed, should
hold themselves in readiness.
" There is a big lot of Chinamen down there," said
Fahev on his return.
"It's got to be done, 1 suppose," ejaculated Wright.
"We have to begin some time and somewliere; &o
far it has been all talk and no cider."
" I didn't know I had to murder men when I
joined," said Slaughter.
"The council have to father this job, as I'm out of
it," growled Fahey, as he walked off toward the room
over the butcher's.
At 7 o'clock on the night appointed, near Chico
ih-i*}
87*
SOME CHIN'ESE EPISODES.
Creek bridge on the Dayton road, the men again met,
and immediately set out through the fields west of
the race-track to Edgar slough, and then up the
Oroville road to the first Chinese camp opposite
which they stopped. Charles Slaughter was now of
the party, and also Eugene Roberts, a native of Con-
cord, New Hampshire, twenty years of age, a butch-
er's butcher by occupation. The latter did not know
what infatuation led him into the folly, nor did any
one else, unless it was the inspiration of the council
of nine that overshadowed him as he sawed bones
and cut and chopped meat in the room below. In
the vicinity were three Chinese camps; and filled
now with the demon of destruction Fahey wished
to burn them all; but it was thought best by the
others to take the first one that night and leave the
others for another time.
Close at hand where they now stood, and near the
huts, was a barn partially filled with straw, to which
through a crack Roberts applied fire. Then they
aii ran down behind the banks of the creek near by
and made ready their pistols to fire upon the Asiatics
as they came out. Rare sport 1 A dog givhig the
alarm the fire was put out. Then crawling up to the
shanty nearest the barn they began to fire into it.
The inch boards of which it was made, with the spa<?c3
exposed by the cracks and windows, afforded not tlio
safest protection, and the occupants watching their
chance opened the door, dodged the bullets, and ran
into the bushes. Charles Slaughter then fired the
barn for the second time, and it burned to the ground.
This was laurels sufficient for the nijjht. Returnhi<j
to headquarters and reporting, they were commended
for the bravery and skill with which they opened tlic
campaign. John Slaughter was made lieutenant and
others promoted.
On the Humboldt road two miles east of Chico,
at Chris Lemm's ranch, stood a shanty tenented oii
the night of March 14, 1877, by six Chinamen, whose
MORE MURDER.
573
occupation just then was clearing a piece of ground
by contract, which work had been previously offered
to white men, and by thein refused, at four dollars an
acre more than the Mongolians received.
In the afternoon of the day mentioned, Roberts
called at Slaughter's laundry and asked John to ac-
company him to the slaughter-house and assist in
turning up beef. John assented. While engaged at
their work Roberts paused as if a thought had sud-
denly struck him.
" Let's gf) up and burn the China cabin on Lemm's
ranch," he said.
"Agreed." replied Slaughter. " Who will go ? "
*' Fred Conway and I, Thomas Stainbrook, and
Charles Slaughter, making five in all," said Roberts.
The party met according to agreement just above
the house of Roberts father shortly after 7 o'clock,
and proceeded up the Humboldt road toward Lemm's
rancho, Roberts and John Slaughter marched before,
aiul the others followed. Roberts was captain of the
occasion. A wagon passing, all hid themselves behind
a log. Neither Conwav nor Steinbrook knew the
exact nature of the work to be done ; hence they
were somewhat startled upon Robert's cooly remark-
ing as they neared the hut, "Unless we kill the
Chinamen we will be arrested." They did not object
to rob them and burn the premises, but thc}'^ were
not prepared to murder. The others wore, however,
and it was too late now for any to retreat. None of
them were disguised. Scaling a fence the party
a])proached the house and entered. Within were six
Chinamen lounging off the fatigues off a hard day's
work in various attitudes about the room. Instantly
every one of them were covered by revolvers in the
hands of the assaulting party. They were then
ordered to come forward and seat themselves close
toorether on the floor. While three of the assailants
stood guard over them, two, Roberts and Charles
Slaughter emptied their pockets and examined the
i
i, 1 I'
III
m
SOME CHINESE EPISODES.
premises. A carpet-bag and valise were broken open
but nothing of value discovered. Taking from his
pocket a bottle of kerosene Roberts emptied it upon
the victims and about the floor. Then calling upon
all to make ready, he cried " Fire I " and each select-
ing his man four of the six unfortunates fell dead,
and the other two so badly wounded that they were
suppf)sed to be killed. Some of the party fired twice.
The nmrderers then fled, taking different routes back
to town, and neglecting in their awe-stricken haste to
fire the premises as they had intended.
It was about 9 o'clock that the killing was done,
and at ten the murderers were at their homes and
most of them in bed. Peaceful must have been their
slumbers that night. It had been agreed that in
case any of them were arrested Wright should swear
they were in his stable at the time.
The 1 6th of March a public meeting was held at
which it was agreed * that the citizens of Chico view
with horror the assassination of peaceful Chinamen,
and the indiscriminate destruction of property which
has prevailed recently in our midst, and v/e pledge
ourselves to use our utmost power to bring to justice
the perpetrators of these outrages, and to this end
will cheerfully second any effiirts of our oflScers." In-
dignation ran high on the afternoon of the same day,
when it was discovered that a notice had been posted
on the office door of the Keefer rancho cautioning tlio
proprietor against the employment of Chinese un-
der penalty of destruction of the premises. Two men
were arrested on suspicion.
Next day the excitement was still more increased
by the receipt by many citizens of threatening notices,
all mailed after eight o'clock the night previous. " Get
rid of your Chinese help within fifteen days or suffc r
the consequences." Signed "Committee." A threat
was sent to an officer by mail that if lie took any meas-
ures for the detection of the murderers of the China-
men, he himself would be killed. The question of
ARRESTS.
577
forming a vigilance committee vas seriously tlisrusscd
l)y the citizona. The law seamed petrified ; if any-
tlilnij was to be accomplished the people nmst do it.
A reward jf ^1,500 waaotfered by the people of Chico,
$,)00 by the Chinese association called the Six Ccmii-
))anies of San Francisco, and $1,000 by the governor
<.'f the state. By the 27th eleven arrests had been
nuule, one of a man caught mailiiu' an anonvinous
] -tter to an officer threateinng death if he attempted
to arrest the incendiaries. All were members of the
workingmen's association, and six were reputed
Caucasians.
The first arrest was that of Conway who was de-
tected mailing threatening letters. Shadowed for two
(lays he was finally arrested, and after two days con-
finement exposed the wjjole plot. Wright, and the
brothers Slaughter, each confessed on being brought
to prison. After a preliminary examination at Chico
tlie prisoners were moved to Oroville for trial the
27th of March. An attempt at rescue by the frater-
nity was feared on the day of removal, and eight men
armed with Winchester riflus acted as escort. Four
thorough-brace wagons conveyed them from the Chico
prison to Oroville. A large throng gathered to wit-
ness their departure. The prisoners were in fine
sph'its. They seemed to feel the sustaining presence
of the brotherhood, and that the people were with
t!iem. Not one of the five murderers manifested the
s]ij;htest fear of punishment, though by their own
co:»fessions guilty of most dastardly villainy and doubly
worthy death.
Arrived at Oroville, the prisoners were met
by a large concourse of people. Here for the first
time they began to show signs of fear. They noticed
the change in the atmosphere; there were few admir-
i ig or sympathetic glances from that crowd; and the
same guard which so lately kept them from their
friends, now stood between them and, perhaps, more
summary justice. All the Chinese at Oroville gath-
CAt. INT.POC. 87
Btl
SOME CHINESE EPISOPES.
ered round the jail to Bee tlie murderers of their
countrymen, heavily ironed, taken from the wagons
and thrust into jail. It did their hearts good thus to
lu-hold the brave Caucasians, and they went immediate-
ly to work gatiioring friends to give them a severe pros-
ecution at the trial. Conwav, ho who first confessed
and tliereby betra3'ed them all, was kei»t at a safe
distance from the other prisoners; he was brought
over in a sejiaratc wagon and confined hi a cell apart,
lest tJiey should tear him to pieces.
At half-past ton on the 30th of March the Chico
stage dr(»ve up to the Oroville courtliouse, and seven
more of the incendiaries and nmrderevs, closely guarded
and heavily ironed, were added to the first. This
completely filled the jail, and most of the cells con-
tained two occupants. By this time all the bravado
of the prisoners had left them; tliat whicli at first
thoy regarded as a good joke now assumed the gloomy
aspect of death. Roberts was the coolest of any ; ho
believed he should be hanged, he said, and spejit
nmch time reatliiuj: his bible. Conwav was reganltd
O I/O
as half idiot; he appeared indifferent as to what he-
came of him. Ames, first president of tlu; working-
men's association, was wild with excitement, and it
was feared he would become wholly insane.
The "Jd of April a grand jury was impanelled at
Oroville, and the town was filled with people. Meet-
ings were held by citizens and farmers of Butte
county, who were determined to rid the country of
the class then in prison. All members of the order
of Caucasians and of labor union° were exclutled.
The 5tli of Apri the grand jury came hito court anJ
reported true bill found against seven for nmrder and
seven for arson. \.mong those indicted for munlir
were the five per^ trators of the Lemm's rancho vil-
lainy. Yet, as tc often happens in the annals of
crime, the most gi Ity, the instigators of the outrai^es
were permitted t" escape. To obtain their own di>^-
charire, members of the council of nine had but to
TRIAUS AND COXVICTIONS.
BTT
i;,Mioro participation In or Banctiou of tiio niurtlors.
Tlui people of Butte county were indignant wlicn tliey
Karued that the arcli-conspirators liatl been so quickly
jil)('rp,t«.d, and gjod men overvwhere were dissjip-
])iiint(d. But tliis is the old, old story Instead of
( aiioiiization, our courts need renovating, revolutionlx-
iii'jr, remodeling. They are a disgrace to civilization.
We want twice the efficiency, twice the detection,
conviction, and punishment of crhne for one-half the
iiionev it now costs
On the 7th of April those indicted for arson alone
were arraigned. Among these was the .stal>leman H.
V. Wright, the coolest and most reckless of them all.
" Have you a lawyer i " as^ .d Judge Saft'ord of
him.
"No sir."
'Do you want one ?"
"No 'sir."
"Are you guilty or not guilty?" then asked the
ell rk.
"Guilty," said Wright.
Adam Holderbaum pleaded guilty to arson in the
second degree. Five were convicted of arson in the
second (Kgree and sentenced, one to twenty years, two
to ten, and one to five years in the state prison. The
18th of A])ril H. T. Jones was brought into court
and convicted of arson in the first deijree.
While this trial was in progress a barn was fired by
tlie incendiaries and burned to the ground. Charlcss
Siaughter then pleaded guilty to arson in the second
thgree. Next John Mahoney was tried for arson,
and John Slaughter attempted to assist him by false
swearing. Thomas Stainbrook's case was called for
trial the 23d of j\Iav, and was followed bv those of
Charles and John Slaughter, E. R. Koberts, and E.
Conway. Stainbrook was sentenced to twenty-seven
and a half years' imprisonment, and tlie others to
tw(^nty-five years each.
Perhaps we should be satisfied with an aggregate
580
SOME CHINESE ETISOBES.
of little less than two centuries of servitude for the
killing of three Asiatics, and the burning of a few
buildings. The presence of too many low Mongol-
ians in our midst is not conductive to the highest
civilization ; and yet these Chinese were men ; they
were coolly and wilfully murdered ; the assassination
was as foul and deliberate and unprovoked as any
to be found in the annals of crime ; the law makes
such killing punishable by death ; and yet these
murderers were not so punished.
About this time M. Atherton was tried at San
Josd for the murder of Edgar May at Santa Cruz,
while the latter wag in a state of helpless intoxication,
and the murderer likewise drunk. Atherton was sen-
tenced twenty-five years imprisoimu nt. Now
these sentences, all of them, done into English, simply
say that the killing of Chinamen, and killing t!one l>v
drunken men is not murder. It is difficult to under-
stand why courts and juries any more than vigilance
committees have the right to break the law, or to
subvert its just operation.
During these proceedings a Citizen's Safety Com-
mittee had been organized at Chico, of which Mr
Theil was appointed treasurer. Hung upon the shut-
ter of Mr Thiel's store on Second street the night of
April 8th was found the following missive written < n
a half sheet of dirty note paper. It is hardly up to
the standard of averajxe comnmnications of this sort,
though it caused much uneasiness, particularly amor.g
owners of grain-fields.
*' The devil dreeme on the Chinese question. There
are three or four men in this city has been making
dam fools of themselves in regard to the daimd
Chinese that will get anufe of it before the first of
Aui^ust. You must remember it seldom rains hoij
after the first of June, and when ever3'^thing is dry a
match v/ill burn without sacks of straw or karseeii
citlier, and we will also give the farmers of this country
notice to look out this season for everi grain. Eveiy
FOI.LY OF SUCH ACTIONS.
£81
iTians ranch reaped or stacked by the Chinaman is
liable to tak fire from the Heat of the sack or the
.spark from tlie smoke sack. It looks bad to do sucli
uoik but if our state oficers done do something in
jKji-tection of the poore we will half to carry it out
ourselves and it will be in a ruflf manner to from
T. O. MUGINS.
"To the Public."
The instruments of the Chico outrages were less
fanatics than fools. Individually they had nothing
to gain and everything to lose by becoming the blind
t lols of those who had nothing to lose and every-
tiling to gain by warring on a mm-voting class. The
antagonism of the stableman and the butcher's clerk
to Chinese laborers was inspired neither by race
antipathy, fanatical hatred, nor industrial interest.
^ ulgar brutality seems to have been the primary
instinct prompting them, and next to this petty
plunder. Believing themselves safe from punishment
l)V reason of their secret associations, ilattcred by
tliose who set them on, they flung forward the bridle
n in of their evil natures, and let their low tastes lead
thoni whither they would. Secret societies organized
fir the accomplishment of a pretended public good,
and then lendin«: theuiselves to the commission of
crime, cannot be too severely denounced by every
lover of honest law and open liberty.
rf!;r'
CHAPTER XXI.
COURTS OF JUSTICE AND COURT SCENES.
Conrad. — Away ! you are an ass, you are an ass.
Dni/l/erri/. — Dost tliou not suspect my place ? Dost then not suspect riy
years? O that he were hero to write nie down an a«s ! But, niii:itL'r.s, lo-
nieinber that I am an ass; tlmugh it be notMTitten Jowu, yet forget not. th.it
I am an ass. No, thou villain, thou art full of piety, as shall lie proved upi n
thee by good witness. 1 am a wise fellow; and, which is more, uu orticrr,
and, which is more, a householder; and, wliich is more, as prolty a piece (t"
flesh as any is in ^Messina; and one that knows the law, go to; and a riili
fellow enough, goto; and a fellow that hath had losses, and one that ha ili
two gowns and everything handsome about him. Bring him away. O tluit
I had ])een writ down an ass !
— Much Ai/oA/xiiit Xollibt'j.
l.-if, Clown. — Argal, he that is not guilty of his own death shorteuj not Iks
own life.
iJ:l Clnirn.—Mut is this law?
1st Cloion. — Ay, marry is'L; crowuer's cpiest law.
— Hamlet.
Courts of justice in California were, in early times,
eijual if not superior to those of any new country ( r
border settlement founded since the days of Jus-
tinian — equal if not superior in ability, stupidity, cr
what you will. Anything that courts of justice could
do anv where or under anv circumstances, ij;()od or
bad, ours could achieve. Yet I may safely say th;it
the judges, on the whole, were honest men ; ainl
while frecjuently neither educated in law nor n[)eciall\'
fitted for the position, they were far above the avci-
age magistrates in general intelligence and practical
judgment. On the supreme bench and presiding ovi r
the district and county courts, particularly in tl •'
cities and more thickly populated parts, have bet ii
from the first occupation of the territory by citizi lis
of the United States until tlic present day, as ;il
and erudite jurists, men of as broad and enliglitemil
intellects, as might be found elsewhere in J']urope m
(082)
111'
CHARACTER 0? THE JUDICIARY.
jt ir.s
incs,
( r
J us-
er
ul.l
or
tlwit
iallv
ivcr-
fuvl
OVCl"
tl I'
Im'( n
l)(' til'
America. Sonic v/orc «lissipatetl, but for tlic most
l)art tliov wore; nita of iuteoritv. Even tlurinu; the
most lawlo8s times tliere were sitting on the judicial
beach of CaUfornia men whose purity of hfe and
character was never questioned. And to-day a cor-
rupt jud-jje is t!ie exce[)tion, not the rule. Witli pride
I point to our judiciary, and to the better class of
attorneys who practice in our courts. True, a judge
nuiy be bribed sonietiujcs, not knowing it; or he may
he swayed by public opinion, not knowing it; he may
he feasted by bonanza men, or given a free ride across
tlie continent by tlie wholesale corruptionists of the
railroads, and so warp his decision in their favor — not
knowing it. Unfortunately as much cannot truth-
fully be said of our legislators and political office-
holders who, during the usually short term of their
<ic( upancy, seek rather to s« rve themselves than the
pui)lic. These are never bril)ed without knowing it,
as they always require [)aj'^ in advance.
During the Hush times, the days of which I write,
we find some dolts and sonie wilfully wicked nun
seated even on our higher judicial benches. Through
the ab ence of strict social restraint arose laxity in
moral observances and ieoal formulas. Amony: the
])oople, vigor of mind broke out into numerous eccen-
tricities ; or, rather, the preoccupied citizen, acting
naturally and hulependently, not thinking wholly of
himself, his dress, and manner, clahning for himself
th(! utmost freedom, eating, sleeping, walking, speaking
as best jdcased him, threw aside some of the eccen-
tric Ities of fashion, and in so doing to the unen-
franchised appeai'cd eccentric. Leaving the marts of
Itusiiiess for church worship, the same eccentricity of
thought, or lack of it, is manifest, though in fonn
devotion was not greatly changed. In such a so( ietv
it is but natural that from tribunals of justice, as well
as from its ministers, some part of that severe decorum
wliich characterizes nuire staid and superstitious com-
munities should be re noved.
584
COURTS OF JUSTICE AXD COURT SCETTES.
Wlience arose, carrying in some things their Hberty
into Hbertinisni, the not unusual sights at one time of
chief justice and courtesan promenadmg the busiest
thoroughfare in company ; of supreme judge seated
behind a gambling table dealing faro, arid surrounded
by lawyers, politicians, prostitutes, and friends; of
supreme judge drinking to drunkenness, carousing
all night in elegantly furnished halls of infamy, fight-
ing duels, assaulting citizens, and burdened so heavily
with debts incurred by licentious living as to become
the willing tool of whomsoever would buy him up
and offer him for cancellation by the easy though
conscienceless method of warped judicial decisions.
While such a state of things existed at the fountain-
head of justice, we should not be surprised to fintl its
Icnver channels somewhat turbid in their flow. While
Mammon and Gannnon sat upon the supreme bench
it was not difficult to determine what sort of ]>lead-
ing was required to win a cause before that tribunal.
While he who durinij the morning hours listened as
associate justice to the cases brought before one of
the upper courts of the metropolis, in tlie afternoon
stood by and witnessed a deliberate murder, of which
he had foreknowledije and was accessory, beinir the
murderer's friend he would naturally hurry him to
prison as to a place of safety.
Between these two extremes of the best and the
worst, in the city and in the country, every shade of
character was to be found among the judiciary of
California. Nor did personal immorality by any
means imply judicial corrujjtion. At a time when the
female element was meagre, deference was paid by all
classes to the female form, even thout'h its dress cov-
ered corruption; nor was it very damaging to any
man's reputation, when everything was public, to bo
seen in conversation with a public woman.
Gambling and drinking saloons were places of
?ublic resort; all classes there met and mingled freely,
'he person so prudish as to hold aloof from such
EARLY CALIFORNIA JURISTS.
5S6
places made few friends. There was nothing dis-
reputable at that time in being seen in a saloon,
and a man would be regarded mean who enjoyed
night afte r ilight the shelter, light, and society of the
place without ever spending a dollar there. Judges
of course frequented drinking saloons; men who
never patronized such places were seldoin made
judges. A judge's morals were his own, they said ; his
olHcial acts alone belonged to the public.
The men of chivalry, who indulged in the duels
and street encounters, being of all men devoid of the
pure article, were of all others the most sensitive to
what they called their honor. It so happened among
tliose of them who were judges that their ideas of
lionor accorded with equitable decisions; though like
many professors in otiuT directions their practice was
ill no wise hi keeping with their tenets. But for the
most part chivalrous judges, though they might in-
dulge freely in drunkenness, gambling, and licentious-
n ss, when no one was at hand to bribe them, were
just and equitable ma ^istrates.
It s;) happened again tliat the t rm gentleman im-
])]lcd fair judgment ; though this by no means was
always the case. It was with them as with the pom-
pous and punctilious of other ages who had nothing
but their pride to be proud of As to what consti-
tutes a gentleman depends enthely upon time and
place. (Toorgo the Fourth of England, voluptuary,
(k'l):mcheo, (Egotist, and false-hearted, was called in
his day the first gentleman in Europe. Later, dandy-
ism, with some intellectual pretensions, in the person
of the Frenchman Couiit d' Orsav. becanu^ the ortho-
dox type. To dress well, to iltie well, to swim, shoot,
box, wrestle, and play cricket well, were the accom-
plishments that crowned the gentleman. Lord Ches-
terfield's gentlemen were made of manners and hollow-
lieartechiess. California's judges were all of them
gentlemen, howsoever corrupt or debased they were.
While ill tiie cities, and in the higlier courts of the
!
R86
COURTS OF JUSTICE AND COURT SCENES.
more settled localities, court proceedings and rulings
were governed by precedents and legislative en-
actments; throughout the nining regi >u, or other
distant or thinly populated districts, common sense
took the place of connnon law, wliUe statute-hooks
and precedents were flung to the wind as unworthy a
sane man's consideration. Such equipage might do
for jurists like "tliat bloated p]iil()st>[)her, wlio mis-
took declamation for eloquence, and affectation for feel-
ing " as Lamartine said of Kaynal; but then if tiiey
could not reach the truth witJiout the aid of boolcs
and hook-leariung, tliey could not with them. Away
from their bit and harness, these jurists of all-domi-
nating rules and statutes were like that blindly wan-
dering wisdom which looks one way and walks
another, and when asked a question, and no hooks are
at hand, nil illcif, or like Ignaro, foster-father of
Argoglia, answers "I cannot tell."
And they were riglit. Simple and ignorant judges
of simple differences between ignorant men, the sini-
]>lost and most direct method was the best for them.
All the while, be it remembered, these uncouth jurists
were in [)raetical sagacity no whit behind their more
intellectually cultured brethren of the woolsack. It
was a broad unfolding in the evolutioi. of jurispru-
dence, that such an element as that which infested the
foothills from 1848 to I80G sliould be so easily and so
thoroughly kept in order by their own regulations,
carried out by men chosen from among their own
number, and with little aid from statutory enactments.
As in religion so in jurisprudence, meaningless forms
are beccnning obsolete, and substance is the tliir.;-
considered. Much superfluous tackling has alread,-
fallen from court proceedings, and there is more which
might profitably be stripped from them; that tlio
well-aj)pointed library of an attorney in fair practice
must number its volumes by tens of tliousands, and
that rulings and decisions nmst be compiled from
those who sat and judged thirty or three liundnd
FORMS AND IRECEDENTS.
587
years ago, suggests a further advancement in this
(lircctiou. What we want is less precedent ; in rcHgion
less of Patristic dogmas, and in law less reverting* to
the past for the solution of questions which, if we
have availed ourselves of our advantages we should
understand better than our forefathers.
Knowledge, either in law or elsewhere, is not
alone a looking back, but an eternity of inquiry
roncerning not only what has been but what is and
sliall be. When we can no more conceive of a bound-
{Mv to knowledge than we can conceive of a boundary
to space, it is not wise in us to revivify by all our
powers dead or dying formulas; for if such a course
does not lead to the nihilism of Georgius of Leontini,
there is at all events but little progress in it. This
some (^fcoruius after all is not altonethor wron<jc in his
iittirmation that nothing is, or if it bo that it cannot
bo known. Our knowlcd«je comes from nothing and
ends in nothing. "Philosophy begins in wonder,"
f^ays IMuto, " for Iris is the child of Thaumas."
Nature-worship is tlie mythoh)gy of science, and the
myths of Greece reduced to system in tlie writings of
llesiod and Homer enfolded the germ of all that
followed. The i)ursuit of knowledge is a journey
from the sublime to the ridiculous. Tlie end of
knowledge is to plunge us yet deeper in the gulf of
ignorance. The progress of religion is from the
mighty and majestic gods of Homer to the buffoons
burlesqued by Lurian; from the deities of savagism,
moving clouds, speaking thunder, smiling sunshine
and soft kissing breezes, tlirougli monotheism and
Christianity to the infidelity generated by seien( e.
Science in its turn on every side soon strikes tlie un-
knowable, and throws back the inquirer after ultimate
truth upon something akin to nihiHsm. In the
progress of literature, as elsewhere, we see the same
])rin('iple manifest. In its earliest stages it assumes
the form of epic or lyric poetry, of tragedy and his-
toric narrative — the bloody and the real ; later, with
588
COURTS OF JUSTICE AND CJURT SCENES.
a higher intellectuality, we have comedy and romance
— the contemplative and ideal.
Now the day is coming when law shall find wisdom
in less learning; when from the mountains of ancient
and accunmlative legal lore, as from thg Cretan
labyrinth for the imprisonment of the Minotaurs,
the thread of simple justice shall be followed until
the searcher for the direct path shall be brought
out into the clear light of open day. Then it will
be manifest to all that between the natural rights
of man as arrived at by the gold-diggers,' and right
as proclaimed by the law and tauglit by tribunals,
the difference is less real than pretended ; that the
justice of the miners, like their gold, though it liad
not the statutory stamp upon it was none the less
pure metal.
Mucli truth is treasured up in proverbs and legal
maxims, and yet what oceans of absurdities are swal-
lowed when codified under the fornmlas of truth !
There are few of them but would fit mankind as well
reversed, that is, if made to say cxac\.ly the op}>(;site
of what they do say. I have often followed as a pas-
time this reversing of maxims, and the effect some-
times is marvelous. What matchless subtlety of
thought do we find in words thus broutjht out, such
as. An honest god the noblest work t)f man. Policy is
the best honesty, and a host of others; while for tht
multitude of such
dess
meanmgiess expressions
as
Live
each day as though it were your last," we find by al-
lowing the mind to dwell upon it for a moment that
not the thinor said was meant at all, but somethinu
eke. No one could make a greater mistake than by
following literally such injunctions. Bnt thry are
not intended to be taken literally; all that isnuaiit
is to live well every day. Then would it not be better
to say so, and not to elevate into a maxim, and innnor-
talize in the name of golden truth, brazen absurdity.
Better the sage remark of the crank, Don Quixote,
"Everyone is like everybody else, only a great deal
worse
societ
sions
Thi
and n
man, ^
logical
court
I)rotec
It is
Wiiere
Nveapoi
btjen ei
gradua
Duri
nocessii
lower c
side of ,
bing ju
^.lake o
posing
formity
honest,
otiier ol
Any on(
years of
leadintr
variably
sliootincr
f )r drawi
tlie law
those wh
class was
^vhy wa«
tliose ma
shelter tl
the confl]
from one
and socia
LAW AND ORDER.
worse"; or that of any onr of tlie several classes in
society, each of which has a series of formal ex[)re8-
sions containing little or no meaning.
Thus we sec there is much in forms and precedents
and maxims which, if blotted from the memory of
man, would leave the course of justice more clear and
logical. There is nmch cumbersome machinery in
court procedure which retards rather than assists in
j)rotecting the innocent and punishing the guilty.
It is undoubtedly true that too often in our courts,
where reason and sound argument should be the only
weapons, coarse expletives and pliysical violence have
\Kien employed, but happily the logic of brute force is
gradually becoming unfashionable.
During the time when vigilance committees were a
necessity, it is a most significant fact that besides tlie
l;)wer class of evil-minded persons marshalled on tiie
side of law and order were all licentious judges, stab-
bing jurists, duelling editors, and fighting lawyers.
}<Iake out lists of the individual members of the op-
posing factions and you will find with singular uni-
formity one composed of persons quietly disposed,
honest, industrious, intelligent, and virtuous, and the
other of quarrelsome, irate, waspish work-despisers.
Any one who will go carefully over the first seven
years of the annals of the state, as recorded by the
leading writers of the time, will find it almost in-
variably the case, that those officials prominent in
shooting-scrapes, those lawyers fined most frequently
f)r drawing deadly weapons in courts, those limbs of
the law who of all otiiers oftenest broke tlie law,
those whom only the law was made to punish— this
class was usually loudest in support of law. And
why was this ? Briefly, for two reasons. First,
these manipulators of the law could tlie more easily
slielter their misdeeds under the law ; and secondly,
the conflict, on one side at least, had degenerated
from one for principle to one politically, sectionall}',
and socially partisan. Some were made to govern,
600
COURTS OF JU.TICE AND COURT SCKNES.
otliors to 1)0 governed, was the doctrine held by law
and order.
In a f(^w instances, before the year 1850 liad expired,
justices of the peace and judges had been impeached
and driven from their seats by the people. But com-
pared with those who at this time were accustomed,
eitlier openly or in secret, to take illegal fees, to ex-
tort, ac( ept bribes, or otherwise violate their oath of
oftice, the number punished was insignificant. The
money-makers had no time to chastise their criminals,
to say nothing of judges. True, there was the short,
quick way, tlie only practicable way in ordinary cases;
but then they did not exactly like to hang judges,
"as it might be ag'in law, like," though tliey often
tlireatencd to do so.
In tlie first nmnber of the Califomua Star, published
nt Yerba Buona January 9, 1847, are the following
pertinent remarks on the custom of smoking in court:
''Among the many good rules adopted by our late al-
calde, and broken by the present one — not to nieiition
the hio'h-handed violation of the dearest ritjhts of
freemen, a refusal of trial by jury, of which hereafter
—is that of smoking in the court-room, and this, too,
practised almost solely by the judge and his clerk,
wlio are more than half their time puffing forth clouds
of smoke from their 'long nines,' greatly to the an-
noyance of persons having business in court, particu-
larly those not in tlie habit of smoking. Besides, I
would ask, does it look very dignified for a judge to
be delivering a decision in an important case with a
cigar in his mouth, stopping every half minute in his
address to give a pufi' or two?"
The following scene in court, which happened at
Ran Francisco in February 1848, is but one of a class.
Two individuals met in a liquor saloon, drank, quar-
relled, fought. One received a stab in the breast.
The other was arrested by a posse of citizens, and taken
AN INTIMIDATED JUDOE.
BOl
before the magistrate, who, after an examination,
liinted of quarters in the ealaboose. The oatha with
wliieh the prisoner interhirded liis speeeli may bo
omitted witlumt h)S8.
Prisoner (to tlie judge). ''This is a bailable case,
sir, and you can't put me thar."
Magistrate. "It is n«)t a bailable case, sir, and — "
Prisoner (interrupting). "I know its a bailable
case; I am somethinij: of a lawyer if I am dressed in
l)U(ks)\in. You can't put mo in the calaboose, sir."
jSIagistrate. " Stop, sir, stop, you will have to go
to prison if — "
l^iisoner. "I go to prison? No, sir! and you
can't put me thar I"
^Magistrate. "Yes, sir. We'll seel"
I'risoner. "We'll seel and if you go to put me in
tliat thar calaboose you can't live in tlils place. Yes,
sir, I know you, you are a rascal, and you — "
Magistrate. " Be silent sir 1 Will you hear me?"
Prisoner (in high fever). " Yes, sir, I'll hear vou: vou
are no gentleman 1 You can't put me hi that prison;
\ou are a villain. Don't you dare to put me in that
jirison. I never was in prison yet, and if you put me
tliar and want to live you had better leave this place 1"
The judge, who was scarcely fit for the emergency,
not relishing the aspect of affairs, would have kept
the prisoner confined without sending him to jail had
not the citizens and mendiers of that town council
interfered and compelled him to do so.
Early in 1849 there was a man of somewhat intel-
](>rtual aspect, fair address, free and easy manner, and
that shrewd, practical instinct which in those days
passed current for its full worth, who stood about the
streets in San Francisco selling peanuts. Although
tlie person was greatly superior to his calling, he
seemed by no means ashamed of it. Before he came to
California he was — nobody knew what. No one knew
or cared to know who any person was before he came
III
r ■;:<;
'l ,!■■
■ if
502
COURTS OF JUSTICE AND COURT SCENES.
hither. It was enough now to be of California; a
now exiHte ICC dutecl from the lanUhig at the whurf in
fcJan Francisco.
This peanut-sollc>r may have be' n a doctor, jud«jfo,
drayman, or printer btf)re cominj^ hero; now ho was
a business citizen of Cahfornia's embryo metropohs,
His business was a good one; nay more, it was lari;e
and profitable. There was no such thing at a small
business in those days; scarcely such a thing as an
unpr>)fitable business. One might lose by fire or
8peculati:)n, but every well-managed legitimate buwl-
noss w.is very remunerative. Even peanuts paid.
At a dollar a cup-full when one roasted them one's
self, and passed them out lively, one could easily
afford to dress fairly and board at a five-dollar-a-day
hotel as our friend did.
The i)earmt-merchant made many friends. He
seemed as nmch at homo in the best society as in the
worst; he was well informed upon all the leading
topics of the day, read the news from all parts of the
world on the arrival of every steamer, and was .it
home in conversation equally with the lawyer, me-
chanic, or petty politician. It seemed never to occur
to him, it scarcely seemed to occur to others, that
there was anythir.g about his calling low or humiliat-
ing. Ho had come to California, as had all the rest,
to make money; and like a wise man he engaged in
that which oflered the most flatteriiig inducements.
Yanderbilt himself could not have found a more
lucrative occupation with so siuall an outlay and ri^^k.
But the peanut poddler was n (t without his quid
ambition. His traffic had taken him many times a
day to the little court-house cpposite the plaza, and
he was upon the most easy terms with the alcalde,
clerk, and constable, besides the lawyers and hangers-
on about the place. Being a man of intelligent ob-
servation, he had noticed how the increasing business
crowded upon the ancient and yet unawakened mag-
istrate of Spanisli associations, and that although the
THE PEANUT SELLER.
quality of the justice there administered was none of
tlio best, it usually coniman led a ^imd price.
An idea struck hiui. He would start a court and
he a judj^e himself He believed he C(»uld make a
hotter thing of it than of peanuts. He would do
it. But how? Easy enough. He knew tlie ring-
loaders of the Hounds; knew intimately Sam Roberts,
St John, and many more of them. He had treated
them to peanuts fifty times, ai\d had often talked with
thorn by the hour about politics, raids, gold-mines,
and tJie expulsion of the Chilenos. Then there were
his lawyer friends, his court friends, and a host of
others; and as he had saved a little money, the tlung
was not hard to do ; and it was done.
Indeed the business of young San Francisco had
so incroased, and was still so rapidly growing, that
tlie organization of another court, superior to tliat of
tlie alcalde, seemed a necessity; and backed by his
political friends, the peanut merchant with no great
difficulty prevailed upon the governor to authorize
liiin to establish such a tribunal.
The peanut peddler was now William B. Almond,
Esquire, judge of the court of First Instance, with
civil jurisdiction in cases involving sums exceeding
Olio hundred dollars. His court was held in a little
slianty, called the old school-house, situated (m the
soutliWost comer of the plaza, on the Clay strtxjt side,
near the Monumental engine-house, while the alcalde
still remained at his old quarters near the southeast
corner of Washington and Kearny streets fronting
the plaza.
Tlie 12th of December, 1849, saw Judge Almond's
court open and ready for business. Salary was a
tiling unknown at that time among court officials.
Judges, sheriffs, clerks, constables, all drew coinpensa-
ti(»ii for their services in fees, generally fixed by
tlioiiiselves. Running a court was a speculation, like
running a hotel, or a store ; it was conducted to make
money, and was valued at what it would pay. To
Cal. Int. Poc. 88
B ii !
tm
Hi
COURTS OF JUSTICE AND COURT SCEXES.
make its decisions valid certain elections or appoint-
ments were necessary, and these were obtained as the
exigencies of the times seemed to require. It was
not until several years later that all the municipal of-
ficers were put upon a salary basis ; nor until the offi-
ces of sheriff, tax-collector, and ihe like were esti-
mated as worth to the occupant forty thousand dol-
lars per annum. These tempting baits were the
source of great evils, both in the manner of obtaining
office, and in the execution of its duties.
Behold now the mercantile grub transformed to
winged justice. All hail to the rising sun I Money
and merriment were the prominent characteristics of
this tribunal. As a matter of course the mill nmst
gnnd steadily, and with tolerable fairness ; otherwife
the institution would acquire an evil reputation, which,
like a gambling-shop famous for its cheating, would
repel litigants, and with them their dollars. Tliere
was no harm, however, in having it thoroughly under-
stood that ui this court time was money. Tliis was
no less a desirable feature with suitors than with the
judges; those were busy days, and no one wished to
wrangle long over a few hundred dollars, when prob-
ably they could make twice the amount during the
same time by attending to their legitimate business.
Money was the burden of Judge Almond's sittings ;
no cnminal cases were allowed. Ounces were the
sharp-edged Al Sirat which should bridge the infeli-
cities of law to the heaven of rest beyond.
Seated sidewise by the comer of a table, exposing
a profile view of a sharp-featured decisive face, grown
somewhat stern by reason of its owner's elevation,
and thin, perhaps from care and new responsibility;
seated in tlie favorite American posture, balancing lii^^
tipped-back chair with feet planted against the wall
higlier than his head, paring his finger-nails, which
seemed to grow according to the volume of busin<\ss
presented before the court, Judge Almond was pre-
pared to listen to all who should come to him. And
JUDGE ALMOND'S COURT.
5d5
when case after case was called, iniperturbably ho sat,
like Olympian Jove weighing in the balance the fates
of Greek and Trojan, with no change of occupation,
nor shiftings of position — only from his mouth shot
thunderbolts of judgment, short, sharp and decisive.
In front of the table were usually three or four
clerks and reporters, back of whom were litigants,
lawyers, and witnesses, while a crowd of spectatora
and hangers-on filled the remainder of the room. The
nuisance of a jury was seldom tolerated in this court.
Decisions were reached partly by evidence and partly
by intuition. The judge did what was right, as Soph-
ocles said of --lEschylus, without knowing it. Sel-
dom did he hear a case throuiih, but wlien lie thouijht
he fairly comprehended it, he directed the clerk to
enter judgment and call another case; and often tlieso
summary proceedings would continue until nine or ten
o'clock at night.
Now it must not be inferred from all this that jus-
tice was not administered in this court, or that it was
more uncertain here than elsewhere, or that it was
more uncertain under tlie free and informal rulings of
Almond, the quondam peanut-seller, than it would
have been had Mansfield, or Marshall, or Stepliens,
or Story been seated in his place. In balancing the
short, sharp encounters of busy men undergoing new
and abnormal exi)orience3, their learning vvoukl have
hampered them like superfluous equipment, while tlie
clear, free judgment of Ahnond directed his finger
hnmodiately to the root o** a difficulty, whicii miglit
1)0 then eradicated witl) )ut the aid of precedent. All
tlieir skilled intelligence would be employed in fitting
experience to forms, while he had only the tiling itself
to deal with.
Almond determined the causes brought before him
quickly, courageously, righteously, liude, uncouth,
illitero*. w far as law learning went, there was a
directness about him that suited the tenq)er of the
time. Everybody drank in those days; at lo.i.st all
■ ';!! '
"t':iW
m
-< m
COURTS OF JUSTICE AND COURT SCENES.
who wished could do so, as I have said, without los-
ing caste. Almond saw nothing hampering t(j the
wheels of justice in his drinking, provided he did not
drink too much, or alone; if he drank at all, he would
do so openly, before all the world. Yet he was no
soi faineant in his rulings; it was generally the
opinion among Californians of that day that forms of
law were rather a curse than a blessing, at least to
tliis special community.
Moreover, he was equal to the emergency. What
he was before he sold peanuts, as I observed, nobody
knew, except that he was not a lawyer and had never
studied law. But he had somewhere gained experi-
ence, had learned to know men and the right and
wrong of things, judging from a natural and common-
sense standpoint. Says John Morlcy, writing of
George III., "There is nothing more fatal, either in
private life or in the larger affairs of state, than for
an incompetent man to grasp a principle of action that
is too big for him." Herein lies the secret of success
ill any walk in life. Almond grasped the running of
a law court as completely as he had grasped the pea-
nut occupation. He was by no means an admirable
character, yet he was for that emergency a good judge.
He was as full of oaths as Charles Lamb was of puns,
and his blasphemy was not of the most refined qualit}'.
It is well to note how such a person could place him-
self in such a position among the intelligent people of
California and maintain it, still holding their respect.
Yet he was an honest man, and judged equitably
between men who were in no humor to be trifiod
with. Had such not been his character and repu-
tation, the frame school-house would not long have
been Judge Almond's courtroom.
The judge was coarse rather than otherwise in his
tastes. He used to delight in worrying the poor and
pompous attorneys, and after bringing them to grief
to laugh at their chagrin. To their displays of elo-
quence he was profoundly iuditferent; their legal
knowh
only vi
and to
(men I
niony I
and his
One
ing jud:
of a shi
during 1
s(3nger,
the vail
sented, t,
to tell \«
sible. 1
''tiier wi
evidence
plain si I
tliorougl
"Verv
tainly he
case?"
"That
"and wo
Ji warded
c'ase."
In a m
occurxod
liavo \rM ;■
i>u e ;-'.s r
♦ 'luitably
law, coulc
Half the.
iiig the d
services, a
Frank
"e this
'ved 1
SUMMARY PROCEEDINGS.
607
knowledge was wholly thrown away on him ; those
only who, with homely logic, spoke plainly, briefly,
and to the point might hope to move him with words.
Often before the first witness had concluded his testi-
mony his quick discei'nment had reached an opinion,
and his mind once made up, nothing could shake it.
One day a physician appeared before the court ask-
ing judgment for five hundred dollars from the captain
of a ship for attending such of the crew as were sick
during the voyage. The dtx;tor had shipped as pas-
senger, and the demand was widely at variance with
the value of his services. The case was briefly pre-
sented, and a witness called whom the judge instructed
to tell what he knew about it in as few words as pos-
sll)le. This done, the plaintiff's attorney called an-
other witness, but the judge informed him that further
evidence was unnecessary. The witness had told a
])lain simple story, the court understood the case
thoroughly, and its mind was made up.
"Very well," said the counsel, "but you will cer-
tainly hear us speak as to the points of law in the
case ? "
" That would be entirely useless," replied the judge,
"and wo have no time to waste. The plaintitt" is
awarded one hundred and fifty dollars ; call the next
case."
In a mf)re pretentious court this case would have
orcup",d one, two, or three days, and might easily
hai'o IrMn postponed from time to time so as to con-
s;ii e ;« nany weeks or rionths. Half an hour suf-
ficed Jii 'jje .Mmond to dispose of it as fairly and
cijuitabiy c^s? anyone, however learned or skilled in the
law, could have done in six weeks or six months.
Half the award went to the plaintiff^s attorney, leav-
iii,i( the doctor, even at that rate, well paid for his
services, and there was an end of it.
Frank Turk on a certain cxncasion having business
1>< *" "e this court, with profound respect on entering
i< . 'vod his hat, a broad-brimmed, pointed-crown,
698
COURTS OF JUSTICE AND COURT SCENES.
Guy Fawkes affair, and laid it carefully on the floor
three or four yards from the judge's feet. Wrapped
ill meditation upon the intricacies of the case before
him, and following his usual practice, his honor un-
consciously made Turk's hat a mark for his tobac<'c
tainted ejections. A head-dress of that kind and
quality was worth two or three ounces, and Turk was
particularly proud of his hat, as well as sensitive as
to its treatment He sought to catch the judge's eye,
coughed, moved his hat as he thought beyond the
reach of danger, moved it twice, thrice ; but ever the
somnambulic eye of the judge followed it, and ever
with unerr j ?i*m the discharge from his mouth did
iilthy execui. Turk could endure it no longer.
Boiling with iiiuignation he stepped up to the judge,
shook his fist in his face, and fairly yelled his curses.
This demonstration and the roar which followed
awoke the judge to a realizing sense of things, and he
laughed with the rest.
It was a dry business listening to dry cases, and
spurting tobacco-juice at a mark across the room by
the hour, and the judge was not the man to sit
and suffer through the day. He was now a groat
man; but great men grow thirsty. All great men
in California at that time were th'^sty men. In-
deed thirst was a mark of greatness, and the more
thirsty a judge the more was he esteemed fit for tie
position. There was nothing at all strange then tLat
Judge Almond should pause occasionally in his pro-
ceedings to quench his thirst. And this was done witli
characteristic openness, though not in defiance of any
sense of public propriety. There were always those
about the court, accuser and accused, counsel, jury-
men witnesses, ready to drink as often as the judge
desired, especially if some beside themselves paid for
it. Hence there were no decisions emanating from
that bench which met with greater generrl approval
than when the judge paused in the midst of a case,
and raising himself to his full height announced,
A THIRSTY COURT.
800
" The court's dry ; the court's adjourned ; let's take a
drhik 1"
Whether or not this might be called a court of
original jurisdiction, it was certainly a court of origi-
nal rulings. The witness who asked to be excused
from giving bail for his appearance when required was
answered: "Yes, on payment of the customary fee
of one ounce." If an attorney wished to make a mo-
tion the judge replied, " The motion is granted on
payment of the fee, one ounce." Either side could
have a case postponed on payment of one ounce ; or if
both parties to the suit requested it, then each m ist
pay into court an ounce of gold-dust. Sometimes the
judge's table wouivl be half covered with gold-dust,
and Judge Almond's ounce became a byword. It
was by a sort of argument urn ad ujnoraiitiam that the
judge arrived at this decision. Himself ignorantof the
fixcts, if the order asked for by a responsible attorney
was not proper his adversary would quickly appear and
ask to have it cancelled; and then the ounces 1 Never
was there a court in California where injunctions
could be so easily obtained or so quickly set aside.
It caimot be denied that Judge Almond, between
haste and an eye to the main chance, sometimes
strained his opinions to meet emergencies. During
the winter of 1849 a Sacramento river boatman at
the mouth of Suisun bay picked up a dismantled
launch and brouijht it to San Francisco. There be-
ing on board of it eight or ten bales of goods the
boatman claimed salvage, which the owner of the
goods deemed exorbitant and refused to pay. The
case came up before Judge Almond, who after one of
liis usual quick and careful hearings awarded the
boatman $100 for his trouble; but learning before
judgment was entered that the boatman's coun-
sel fee and court costs amounted to $200, he raised
die judgment to that amount. The owner still re-
fusing to pay, the goods were sold, and being dam-
aged brought only $150, whereupon a caiii and horse
¥
000
COURTS OF JUSTICE AND COURT SCENES.
belonging to the owner of the goods were sold to
make up the remainder. Here was a case where
even the machinery of Judge Almond's court proved
sufficient to defeat the ends of justice; for the boat-
man who saved the goods got nothing, while the
owner was compelled to pay more than their value for
the saving of them.
With John W. Geary as alcalde in 1850, and a
city charter and two boards of aldermen, a grand jury
was in order in the pretentious town of San Fran-
cisco. Very respectable men were selected, and pro-
ceedingrs were conducted in staid New England man-
uer. Particularly was the oath administered de-
voutlj' and solemnly, every witness being required to
kiss the book with reverential demeanor. Frivolity
and blasphemy had disgraced our tribunals long
enough, thought the new city's pro tempore masters.
A healthful example should now be set. Their delib-
erations over, the jury were about to be called into
court to receive their discharge, when unluckily one
of their number, cursed with evil curiosity, picked up
the book upon which all had been so furiously swear-
ing, and opened it when, O mores I it was Tupper's
Proverbial Philosophy. Now to let it be known that
they, a genuine Yankee jury, anti-chivalry, anti-slav-
ery, anti-law-and-order, anti-swearers and tobacco-
chewers, men of clean white shirts and consciences,
Sunday-school men, decent in all things, men of mark
on Battery and Front streets, men who never in-
dulged in any drink stronger than hard cider, and if
they ever drove out at all it was always with one
horse to four persons — that these prim puritans'
sons should so far demean themselves, their ante-
cedents and their surroundings, as to mistake the
sickly sentimentalism of the maledict Martin for the
new testament, was pitiful to contemplate. Had
it been only a Webster's Spelling Book there would
not attach to it so foul a disgrace, but Martin
TUPPER OR THE NEW TESTAMENT.
601
Tapper's rhymes — ^the error could never be for-
given.
What should be done ? All their proceedings, so
far as the virtue of book in the administering of oaths
was concerned, were of course invalid. If the book
was essential to the sound administration of law, they
had signally failed in using, in place of the sacred
scriptures a volume of maudlin verses ; if the book is
not essential, then why add to the nmltitude of idle
forms by which justice is hampered ? The free and
easy tribunals of audacious rulings connnitted no such
stupid blunders as this. A long and solemn silence
followed this discovery, as the men of merchandise
gazed one upon another in blank chagrin. Finally an
intelligent juror of very respectable wealth opened his
mouth and slowly articulated, half soliloquizing: — "I
would not like wittingly to do such a thing ; my busi-
ness needs my attention ; we cannot well go over
these days of arduous labors ; an oath in the eyes of
the Almighty is equally binding, perhaps, whether
the swearer's hand rests on a Tupper or on a Paul, so
long as the man himself does not know it; the sacred-
ness of forms should be sustained and the etiquette of
courts preserved ; I think on the whole we had better
say nothing of this to the judge. If we keep the
secret to ourselves the oath is just as binding and the
law just as good as if the swearing had been done up-
on a veritable bible ; though it staggers me somewhat
to think to what use unlearned and ungodly jurists
might put this train of argument." So it was agreed
and so done. The jury went into court ; Alcalde
Geary complimented them after the usual fashion
for the faithful performance of their duties, a|X)logized
for his inability to pay their fees owing to the con-
spicuous emptiness of the city treasury, and discharged
them.
When the Jenny Lind theatre was metamorphosed
into a city hall there was quite a reform instituted in
602
COURTS OF JUSTICE AND COURT SCENES.
courtroom manners, coarse jesting, profane swearing,
and smoking were no longer permissible. An Irish
excursionist, on entering one of the rooms newly fitted
up for the district court, saw twelve pine sticks placed
in a row in front of the jurors' seats. Prompted by
curiosity he asked an attendant their significance and
use, and was informed that they were called desk-pro-
tectors, and that it was made part of his duty to pro-
vide whittling timber for the gentlemen of the jury.
It was said that McGowan, before coming to Cali-
fornia, was sentenced to the state prison of Pennsyl-
vania for the robbery of the Chester bank, and that
he was afterward pardoned by the governor on condi-
tion that he would leave the state. The fact is. Nod
forfeited his bail and was never pardoned. Many
criminals, however, have been set at liberty on these
conditions, which course is assuredly wrong on the
part of any community or nation except under extra-
ordinary circumstances. The only plea, on the part
of a judge or a ruler, for adopting such a course is
that in another country a criminal may reform and
live a virtuous life. But no matter how the penitent
may promise this is seldom the result. Far oftener
happens it that the pardoned, sent from a society
which knows and watches him, to one where he is
unknown and consequently may with greater safety
commit new villainies, enters upon a career of wicked-
ness wider than ever. Having served an apprentice-
ship and become skilled in crime in one place, he is
offered the most tempting facilities for profiting by liis
past experience, and for gaining the confidence of a
new community, where he may practise his profession
with the fullest success. A bad man, entering one
state from another, may rightly be sent back to tlie
place in which his wickedness was bred ; but to turn
him unwhipt upon the world is about as righteous as
to turn into your neighbor's vineyard the fox caught
in your own because you dislike to kill it. If any
count
inals
the n
own I
that 1
prim i
reprol
their i
We
seat II
chanofc
nia coi
friend
Doubt]
though
man.
wicked
Solomo
One
had a c
landed
Horn,
their jo;
was ner
as mucli
The pas
and ask
case for
passengf
his seat,
a bull-d(
owner ol
laid his s
upon th€
large rec
turned
seated hi
The h
seen that
JUDGE NED McOOWAN.
608
country ever possessed the right to drive out its crim-
inals instead of punishhig them, it was California, for
the ruffians that infested her shores were not of lier
own breeding. They had come from older countries
that had no right to uncage them ; from communities
prim and puritanical, that regarded with pharisaical
reprobation the land upon which they had emptied
their prison-pens.
Well, Ned came to Cahfomia, and coolly took his
seat upon the judicial bench. Quite an agreeable
change from a Pennsylvania penitentiary to a Califor-
nia court ; as marked a change as was that of his
friend Casey, from Sing Singing to supervisoring.
Doubtless, now that he was justice of the peace, he
thought he was a better man, a reformed, a very good
man. The wicked poor he punished roundly ; the
wicked rich he made pay him handsomely. Could
Solomon have dealt out justice more wisely?
One day an attorney who had known him of old
had a case in his court. The lawyer had but lately
landed from a long and tedious passage round Cape
Horn. Some of his fellow-passengers had manifested
their joy at landing a little too loudly. Ned's party
was nervous in those days and abhorred noise almost
as much as hght. Besides, there was money in it.
The passengers were arrested for disorderly conduct,
and asked their friend the lawyer to conduct their
case for them. At the hour appointed for trial the
passengers' attorney entered the court-room and took
his seat. The judge had not yet arrived. Presently
a bull-doggish face emerged from a side door, the
owner of which stepped upon the judge's platform,
laid his sword cane and deeply craped white "plug"
upon the desk before him, took from his pocket a
large red handkerchief and blew loudly his short up-
turned nose, and with pugilistic grace and dignity
seated himself upon the bench.
The lawyer looked and was bewildered " I have
seen that face before," he thought. "Can it be? Surely
tn: ^li
1\
604
COURTS OP JUSTICE AND COURT SCENES.
I am not mistaken." Unable to restrain himself fur-
ther he arose to his feet.
"Is it Edward McGowan I have the honor of ad-
dressing i " blandly asked the attorney. *' That's my
name," said Ned, running his fingers through his
well-oiled hair. The attorney was satisfied. His
course was clear. Turning to his clients he said :
" Gentlemen, you have no use for me. You may
as well come down heavy with the coin first as last ;
it is your only chance."
Among other court notices in the San Francisco
Evening Picayune of the 20th of August, 1850, appears
the following : " Justice McGowan's court. An in-
teresting case came ofl* this morning, interesting be-
cause several interesting young ladies appeared as
witnesses. Thomas Jackson claimed $200 for wages
as barkeeper against Eliza Crothers and her husband,
Owen Crothers, and presented as evidence in his be-
half Miss Maloney and Miss Margaret Waring, two
young ladies of rare attractions and fashionable ap-
parel. The judge, of course, could do nothing less
than render a verdict in favor of the plaintiff."
Throughout the whole vigilance excitement of
1856 the courts were treated with profound respect
by the committee except in the few instances where
they interfered with the performance of the line of
duty marked out by the committee. Not so the
criminals, in whose estimation courts of justice seemed
to have sunk into contempt. On the 28th of May,
one John Brown, whose impudence was equalled only
by his egotism, was called from the mayor's dock.
" Who are you ? " demanded the mayor.
"A son of a sea cook," was the reply.
" What is your name ? "
" I am a sea-lawyer. I shipped before the mast as
a matter of form, but practised law in the forecastle
all the voyage."
" Was your court recognized by the captain ? "
HUGH. C. MURRAY.
605
"Yes, about as much as yours is by the people."
** Beware, sir. What have you to say for yourself? "
** I deny the jurisdiction of the court," exclaimed
the prisoner, "to try the case, on the ground that this
court has no legal existence, the people having taken
the authority into their own hands. I am prepared
to argue the question if I be permitted."
"Have you no other defence?"
"Yes, I am a friend of Bill Lewis and Billy Mulli-
gan," said the prisoner.
"Why, the man is mad!" exclaimed the mayor; "I
will send you before the county judge to try the ques-
tion of your sanity."
"You will find I am not crazy."
"Silence, sirl" thundered the mayor. "Officer,
take him away."
Probably the most notorious of all our supreme
judges was Hugh C. Murray, a man utterly abandoned
iu character, immoral, venal, and thoroughly
corrupt. Even in those days of unblushing laxity
lie was prominent for impudent indecorum. Among
gamblers he was always at home, and could deal faro
with tlie best of them ; of drinking saloons he was a
constant habitue, having long scores at all the first-
class bar-rooms of Sacramento and San Francisco, for
liu seldom paid for his drinks, or for anything else
which could be obtahied upon credit. Shoulder-
strikers were his friends, lewd women his companions;
he was a Californian Caligula, with his adherent poli-
ticians, gladiators, and courtesans.
As supreme judge, the profits were surer than
ill dealing monte. To anyone having a suit which
sliould be brought before him, he did not hesitate de-
liliorately to become indebted, neither side ever ex-
pocting payment. Though wearing a bland and
l^olished exterior, inwardly he was as stumpy, mis-
shapen, and graceless as a Scandinavian troll. And
what made it the worse for the country was that
^\
m
6M
COURTS OP JUSTTCE AND COmiT SCENES.
from his decisions there was no appeal — only from
Hugh Murray drunk to Hugh Murray sober We
say that he was so self-adaptive to circuinstanct s
as to quickly become a Californian ; but of a
truth such men were California ; they were one
with the land, and sea, and sky of the California
flush times ; it was they, with other elements inter-
mingled, who made the country what it was, and
without all of which California would not have been
California.
Murray was of the chivalrous school, genial, gentle-
manly, with a host of friends, and many admirers.
Like the epicurean Atticus, he was elegant in his
tastes and easy in his morals; selfish he was, as most
of us arc, but he was of the self-indulgent type ratht r
than that which fosters unkindness or indifference to
others. He was a very able judge, and even when
bought by one side, he could render a most plausible
opinion. Like some others of his class, he carried
with him a superstition which he called his honor,
which led him into eccentricities past the comprehen-
sion of ordinary minds. For example, though he
would gladly sell an opinion, he objected to giving the
transaction that name, and the money must not be
paid to him direct. Then again, after a debauch, ho
was particular about paying the gambler, but cared
little for the claims of the liquor and cigar-sollor,
while the tailor and launder he would not insult by
the offer of money. This disgraceful honor of his
compelled him to pay the man who took from him Ms
money giving him notliing in return, while to him
who of his substance clothes and feeds him he mav,
if it pleases him, give nothing. But when honor
compels a person who has received an injury to invite
the one who gave it to shoot him, we must not expc( t
to understand all its subtle ways, for undoubtedly tlic
honor these gentlemen are so careful to humor must
be a thing of importance.
A man of repartee was this chivalrous upright
judge
was n
"M
deal ()
know
"Tl
ray, "
to stu<
upon I
before
fit of],
Suiti
f<>r a fa
utmost
tlie thj
would
But if J
Wlioljy
social (j
keep a
J>rove:it
o:i the (
inari.st.K
often pi
do and a
sides.
Justic
like eve
greatly c
quiet iiil
uioniuni.
"lill, sev(
Were ope
the walls
others sta
met and
this traflS
JUDICIAL COMPLAISAXCE.
607
judge. When candidate for the supreme bench, he
was met one day by Brannan.
"Murray," said Sam, "you must have a «lcviliah
deal of impudence to run for that office ; what do you
know about law?"
"That's just what's the matter, Sam," replied Mur-
ray, "I don't know nmch about it, and I am too lazy
to study. If I am elected, knowledge will llow in
upon mo spontaneously. Every lawyer who comes
before mo will be a teacher, and I will reap the bene-
fit of Ilia studies unworn by midnight vigils."
Suits involving large amounts, where both sides bid
for a ftvvorable decision, called forth Judge Murray's
utmost skill in legal legerdemain. It was scarcely
tlie thhig to take a bribe on both sides; honor
would not permit it ; with honor lost,, all is lost.
But if a litigant should make the judge n present
wholly on account of his genial company and fine
social qualities, or should the judge be asked to
keep a sum of money until called for, would this
l»roveiit an honorable judge from receiving a bribe
0:1 the other side? Such were the points the early
nui'ifistrates were obliged to decide, and wliich very
often proved a severe strain upon tlieir learning to
do and at the same time to satisfy and conciliate both
sides.
Justice at Sutter's fort during the autumn of 1848,
•1 ■ « • ■ • • • •
like everything m that vicinity at that time, was
greatly demoralized. Gold was the cause of it. The
quiet hills and sleepy canons suddenly became pande-
monium. Soon after the discovery of gold at Sutter's
mill, several stores f )r the sale of general merchandise
were opened at the fort. Some of these were within
the walls, occupying the angles of the enclosure, and
others standing without. Merchants and miners there
met and exchanged their commodities ; and as round
this traffic, like thirsty flocks about a spring, strag-
6Q8
COURTS OF JUSTICE AND COURT SCENES.
glers began to settle, two alcaldes were chosen, a first
and a second, following the Mexican fashion.
Among the storekeepers of the place was one
Pickett, afterward surnamed "the philosopher," so
that Philosopher Pickett, which, indeed, is but
another name for Fool Pickett, became famous
throughout California. Now Pickett unfortunately
shot a man dead in self-defense ; and Pickett must be
tried for it. It was the duty of Bates, first alcalde,
to place the homicide under arrest. But Pickett was
a man of pronounced proclivities; and to handle hiiu
roughly was regarded a little dangerous. Bates
promptly resigned office. The second alcalde, Fowler,
was then urged to perform the same duty, and he
also resigned.
Sam Brannan, the man of emergencies, and one
who feared neither philosopher nor fool, was then the
chief merchant of the place, his store bemg in an
adobe building east of the fort. Brannan called a
meeting of the people to consider the matter. This
was before the days of popular action jure divino, when
to punish informally was infinitely worse than not to
punish at all ; hence it was thought necessary to hold
an election for the purpose of filling the vacancies
caused by the resignation of the trembling officials.
One alcalde, however, was deemed sufficient, and
Brannan was chosen for the position. A prosecuting
attorney was likewise required, but no one seemed to
relish the office, as each person nominated immediately
declined and proposed another. Finally Brannan was
obliged to accept that office also. A sheriff was then
elected, the offender arrested, a jury empanelled, and
the trial begun. On being brought into court, which
was held in a room on the western side of the fort,
Pickett was requested to lay his arms on the table,
which he did. On the same table stood a plentiful
supply of brandy and a pitcher of water, of which
judge, jury, prisoner, and spectators partx)ok at pleas-
ure during the trial ; the brandy, from its rapid dis-
EASY DECISION.
609
appearance, being evidently more to their taste than
the water. Then the question seriously arose whether
in a criminal court, where a man was on trial for his
life, smoking was proper. Appetite presses a strong
argument; precedent was found in the California
women who smoked at bull-fights, executions, and
funerals, and if ladies indulged in the practice, tobacco
could not be out of place anywhere.
The trial proceeded; equity in its broadest forms
alone was sought, but still there must be the form.
At length the judge rose and began a plea for the
prosecution.
"Hold on, Brannan," said Pickett, you are the
judge.
** I know it," Brannan replied, "and I am prosecut-
ing attorney too."
Brannan the pleader then addressed Brannan the
judge in conjunction with the jury; after which
Pickett arose, tossed oft' a glass of brandy, and made
a telling speech, for he was an able man. As soon
as it was over, the night being well advanced,
tlie jury scattered, more intent on finding their beds
than a verdict. Then the question arose " What shall
be done with the prisoner? "Place him in confine-
ment," said the judge. " There is no prison," replied
tlie sheriff. "Put him in irons." "Got none," said
the officer of the law. Making a virtue of necessity
tlie judge then called the ayes and noes, whether the
prisoner should be admitted to bail. The ayes had it.
The prisoner took from the table his revolver and
bowie-knife, and marched off. Next day the jury
wore drunmied together, held a conference, and dis-
agreed. A new trial was ordered and the prisoner
ac(juitted.
In the spring of 1849 an election was held for
muuifipal officers in the town of Stockton. First and
second alcaldes were wanted, a;id George Belt and
James C. L. Wadsworth were elected. After the
Cal. Int. Poc. 89
l»
010
COURTS OF JUSTICE AND COURT SCENES.
election the boys voted themselves a banquet. A
champagne supper was ordered and the electors made
a night of it. In the morning the bill, amounting
to $2,500, was divided equally between the newly
elected alcaldes, and sent to them. Each paid his
share, $1,250, without a murmur. Being unable to
obtain a bible in the town, Mr Wadsworth says he
used to swear witnesses on an old memorandum book.
Horse-thieves were the most numerous class of
offenders brought before him.
Let him who holds in low esteem youthful justice
as manifest in the popular tribunals of the mining-
camps, and in the alcalde courts of the larger towns,
during the flush times of California, read the follow-
ing and then despise not the day of small things.
Stephen J. Field, subsequently upon the supremo
benches both of the state and of the United States,
was in the rough year of 1850 alcalde of the roaring
town of Marysville, so called from one Mary, a woman
out of whom the seven devils were not cast. Field's
first bench was somewhat ruder than his last one ;
and there was more difference still in the buildings
which held the respective courtrooms. Indeed one
of his first cases came up while walking the street ;
nor was this the first peripatetic trial or open air
court held in California.
A well-known citizen riding a horse which he had
just purchased was met by another citizen who claimed
the animal as his own. Field passing by and hearing
the dispute stopped. Naturally enough both nun
agreed at once to leave the matter for decision to
tiieir newly elected justice of the peace. Swearing
the disputants where they stood, he heard the story
of each, and decided in favor of the walking claimant,
to whom the horse was immediately delivered. The
judge's fee, an ounce, was cheerfully paid ; and after
adjourning for a brief space to an adjacent saloon, the
crowd which had gradually collected during the trial
POLITICAL Self-abnegation.
611
dispersed apparently well satisfied with their young
alcalde.
The following story was told of W. T. Barbour
once judge of the district court at Marysville. After-
ward he was candidate for the legislature, and on
election day was about the polls watching his inter-
ests. An unlettered umd-plastered voter, who knew
neither his alphabet nor the candidates for legislative
honors, approached Judge Barbour with a Douglas
ticket and requested him to read it.
" With pleasure," said the judge, and he began to
read, "for president, Stephen A. Douglas, for vice-
president, Herschel V. Johnson."
"All right," said his unlearned friend, "go on."
So he read over the names of the electors. Again,
"all right, go on."
"For senator, C. E. De Long."
"Yes, go on."
" For assembly, W. T. Barbour."
"Hold on, there; strike him off."
Barbour turned toward the man an eye of suspicion
to see if he was being played upon, but notli'mg sig-
nificant of sarcasm was apparent in the voter's features.
"Why, friend," said the judge, "what have you
against him ? "
"I don't like him."
" Do you know him?" inquired the judge.
"No, but I have heard of him, and that's enough.
Strike him off; I don't think he ought to be elected
to tliat place."
The judge touched the point of his pencil to his
tongue, then slowly drew it over his own name.
"Whose will you have in Barbour's place?" now
inquired the judge.
" Let me see ; you may put in Magruder."
"Well, I'm sure," said the judge, "Barbour is as
good a man as Magruder, but have your own way;
you are entitled to vote for whom you please. But,
ill, I
612>
COURTS OF JUSnCE AND COURT SCENES.
my friend, I know Barbour, and somebody has been,
slandering him to you."
So saying, and without waiting for a reply, he
wrote down the name of Lloyd Magruder to take the
place of hiy own, and read on down the ticket, name
bv name, but not another of them did his imlearned
friend order scratched. The man then deposited his
vote. The judge was beaten.
They used to do similar things in Ireland, if we
may believe Curran, who gives the following exami-
nation of a witness :
"Did you vote at the election?"
"I did, sir."
"Are you a freeholder?"
"I'm not, sir."
"Did you take the freeholder's oath?"
"I did, sir."
" Who did you vote for?"
" Mr Bowles Daly, sir."
"Were you bribed?"
'* I was, sir."
" How much did you get ? "
" Five guineas, sir."
"What did jrou do with it?"
"I spintit, sir."
"You may go down."
"I will, sir. '^
Few places could boast of courts with speedier juris-
diction than Folsom and vicinity. By one justice a
man was sentenced to be hanged within ten days,
without benefit of clergy. By another, before whom
three miners were brought for obstructing the high-
way, time was refused for sending for counsel ; ci»ii-
tinuance of the case was next refused ; then the court
objected to both jury and witnesses ; finally the men
were tried at midnight, found guilty, and imprisoncu.
Next day they were brought before the district judge
upon a writ of Jiabeas corjmSf and discharged.
ORDEAL BY CRIBBAGE.
613
In the matter of a change of venue in a certian case
which came before the district judge of the sixteenth
judicial district in 1852, the defendant's attorney
wished it to be sent to El Dorado county, while the
district attorney chose Amador. Preferring the law-
yers should settle it, and knowing that both prided
themselves on their skill at cribbage, the judge sug-
gested that they shouid retire to an adjoining room,
and peg twice round the board. The lawyers agreed.
After an absence of some twenty minutes they re-
turned.
"Well, gentlemen," said the judge "have you
agreed to what court your case shall be sent ? "
" May it please your honor," replied the defendant's
attorney, " you may send it to El Dorado."
" By how much ? " asked the judge.
" Two points," was the reply.
In the minds of men accustomed to see punishment
follow quickly their deliberations, there was no little
difficulty experienced in segregating wholly practical
results from theoretical forms. In the alcalde's court
at San Diego, in 1849, a negro was tried for killing
ail Indian, before a jury composed principall}' of
Americans. They found the prisoner guilty of man-
slaughter. Aware that their duties terminated at
this point, and knowing that they had not the power
according to law to pronounce punishment, 3^et, as
there was no other tribunal at hand to sentence the
offender, they appended to their verdict the penalty
of one hundred lashes and one year's work with ball
and chain.
The miners of the Stanislaus, not wishing to be
behind other localities in assuming the forma of civi-
Hzation, elected one of their number, their best man,
justice of the peace. It happened soon after the es-
tablishment of this tribunal that a travelling attorney,
carrying about more bluster and bowie-knives than
614
COURTS OF JUSTICE AND COURT SCENES.
common sense, in a case before the court laid down
the law ill such a nianner as to call in question the
ability of the unlearned judge to deal fair justice.
The judge retorted in terms neither mild nor refined.
The lawyer then declared that the judge took advan-
tage of his position to insult him, and that if he
would walk ten steps from the sacred precincts of
the court he would give him a sound beating.
Whereat the judge laughed inwardly, for of such was
his strong suit, as he termed it; and rising immediately
from his bench, and wringing the lawyer's nose by
way of stimulant, as he passed out he punished the
attorney until the latter was glad to go back and con-
tinue the case. And never again did that lawyer
impeach the integrity or ability of a Stanislaus judge.
The alcalde of Badger hill was unwell ; yet justice
was healthful in his hands, and never slept. He had
been elected by the miners and boarded at the
Cherokee house. The court-room was wherever ho
happened to be. If working his claim, the nearest
log or stump afforded a judicial bench ; and an}- case
which happened to come before him was disposed of
with a disregard of forms and precedents worthy of
Solomon.
He to whom the wronged of Badger hill looked
for redress was an invalid. He sat up in his bunk to
hear the case, while round his head was tied a red
bandana. Green was the culprit ; a large powerful
man, and as cowardly as he was strong. He had
borrowed forty dollars of little Shortey, borrowed it
in the dead of winter when he lacked a pinch of gold-
dust with which to buy a loaf of bread ; and though
he had a good claim, and was now taking out quanti-
ties of thr 'ollow metal, he would not pay it. All
the muscles in Shortey 's body ached to angrily embrai e
the lubberly ingrate ; but since the miners of Bad^tr
hill had a judge of their own creation, it was no longer
deemed exactly the thing to ignore his ofiice and
MIGHT AND RIGHT.
615
settle disputes, as formerly, by single combat. Time
was when the right of fisticuff was the privilege of
all; revolver and bowie-knife the common law of the
land, to which he who would might virtuously appeal;
but since justice was made incarnate at Badger hill,
the miners had tacitly agreed that thenceforth muscle
and steel should be subordinated to mind. They
could trust the alcalde fully ; for he was a man after
their own heart, who had " fit his fought " as often
and as successfully as the best of them.
It was a cold rainy night, but in and round the
sleeping-room of the Cherokee house were over two
hundred miners assembled ; men with long beard and
tangled hair, patched pants, rimless hats, and toeless
boots, for they scented fun if not blood. The plain-
tiff submitted his evidence ; the defendant had little
to say.
" Proved clar enough," decided the judge. " Shortey
must have his money and this yer court her fees,
and if yer won't fork over calm-like," turning to
Green, " I'll send them inter yer camp what '11 take
it"
" May it please your honor," exclaimed Shortey,
"It ain't his dust I want; only let me whale him
and I'll forgive the debt and pay the costs besides."
Thereupon Shortey " sailed in under kiver of the
law," as the alcalde classically expresses it in his
minutes. Green squared himself, trusting his bold
front might be preserved to him by the sanctity of
the place. The bystanders rushed in to prevent what
tlie future historian of Badger hill might call a dis-
graceful scene. Meanwhile the judge jerked from
his head the bandana, and springing from his bunk
stood in short white robes between the crowd and
the contestants.
" Gentlemen, stand back ! " he cried. " Ef the
parties to this yer action wish to effect a compromise,
let 'em do it."
Green was then so soundly pummelled by the ac-
<16
COURTS OF JUSTICE AND COURT SCENES.
tive and energetic little prosecutor, that he was soon
glad to buy escape by paying the claim and all the
costs.
When men first began to steal along the happy
foothills, the delving innocents regarded the matter
lightly, often flippantly. A case is cited in which a
man was taken before the justice at Downieville in
1850 for stealing a pair of boots. The justice was
keeper of a saloon. The culprit was found guilty
and adjudged first to restore the stolen property and
then by way of fine to treat the crowd. The court
and all present adjourned to the bar of the saloon to
drink and joke at the criminal's expense. Ridicule
is often a severer scourge than stripes. Regardless
of the reckoning, and of the convict's ability to pay,
drink after drink was called on and poured down the
throats of the jovial assemblage until all, including
judge, jury, and executioner became more engrossed
in the pleasing pastimes than in watching the prisoner,
who, taking advantage of the opportunity, slipped
out, packed his little property and was soon over the
hills and out of sight. The chagrin of the justice
may be imagined, w^ho, when his bar-keeper summed
up the bill for payment, found that his fine had been
inflicted upon his own pocket.
High in the foothills, on the south Yuba, during
the saturnian summer of 1850, stood a tented gold-
field glorying in the name of Washington ; glorying
in its laxity and looseness, in its unincorporated social
sentiment and dishevelled morals, in its free and easy
justice and its alcalde of original rulings, and in its
general indifference to Christian customs and institu-
tions. Until recently the miners of this locality had
revelled under the rule of an unhallowed theocracy,
but eighteen hundred and fifty's fourth '^f July hav-
ing just passed with the adoption of a name, which of
itself should be sufficient for the maintenance of good
THE MAN AND THE PLACE.
617
citizenship, it was determined that an alcalde should
be chuseii and civilization inaugurated.
Nor was choosing a magistrate regarded by them
as a matter of little moment. He who should minis-
ter to them in judicial things must be learned in their
whimsicalities; he should be equitable at the horse-
race and wrestling-match, honest in his dealings at
poker, and withal of muscular powers sufficient to
enforce the mandates of the court. Above all he
must be a man of character and respectability, one
who could treat the crowd easily and often, and
wholly free from the effects of those stultifying
studies orighiating in Sunday-schools and week-day
lessons.
Now a stranger might think that in so small a com-
munity it would be difficult to find embodied in one
person all the necessary attributes. But such was
not the case. There was George Kelsey ; if you had
a thousand to select from, you could not find a better
man. First, his great round tent, standing in the
business centre, cool and pleasant by day and well
lighted at night, would serve splendidly as a courJ;-
liouse. True, the clarion note of justice might some-
times be drowned by the clinking of coin and the
rattling of glasses; for in this greatest of buildings
was conducted the greatest of businesses, the dealing o*^
cards and the dispensing of drinks. But then, with
cards and drink law would fit well, and as already the
place was a dispensary of no mean pretensions, to
medicines for mind and purse add one for conduct
much needed, indeed, and Kelsey's law, drinking, and
gambling saloon becomes an institution of which even
tlie young ambitious town of Washington might well
be proud. It was understood at the beginning that
there should be no taxes connected with the erection
of the municipality, and to find judge, courthouse,
business, and refreshments all combined was ceitainly
a fine thing.
As for character, George Kelsey could match
618
COURTS OF JUSTICE AND COURT SCENES.
Caesar's wife. He stood six feet two in his shoes, and
was broad and strong in proportion. His head was
large ; he was thick-lipped, snub-nosed, and corpulent
as Socrates, and though his features were coarse and
without much show of intellectuality, he had limbs
and sinews like an emigrant's ox, so that what he
lacked in mind he made up in muscle. When in the
absence of the dealer he would sometimes seat himself
at the nionte table, his friends flocked round to win
his money without fear of imperfect pack or waxed
cards. Moreover, George possessed a coat, a relic of
former days, and on extraordinary occasions he ap-
peared in a white shirt. There was no fitter man for
magistrate in all those parts than George Kelsey.
The principal business before a justice's court held
in any of the towns along the Sierra drainage at this
time was the settlement of disputes concerning min-
ing claims. Thieving, highway robbery, and delib-
erate murder had not yet assumed the rank proportion
of a year later, and such cases as did come up, the
miners preferred to deal with summarily themselves.
There was something stimulating, somewiing resolute
and audacious in thus dealing single-handed with the
monster crime which well accorded with their humor.
Peace was a commodity little coveted, so that bowie-
knife encounters and pistolings were left to take their
own course, while in free fights the alcalde was morcs
disposed to stand by and maintain fairness than to
interpose his staff of office to prevent them.
Among other difficulties encountered by George
Kelsey in assuming the somewhat hazardous position
of arbiter between the diggers of Washington camp
was that general indifference to court rulings and de-
cisions common in the early history of Californian
jurisprudence. If at any time during the progress of
a case either party to the suit fancied his chances bet-
ter without than within the pale of law, there was no
hesitancy on his part to drop proceedings, walk out t)f
courtroom, and throw himself upon the miners, or
FULL-COATED JUSTICK
419
fight it out with guns and pistols. Such a case oc-
curred within the classic walls of the round tent
shortly after its proprietor had assumed the responsi-
bilities of office.
Timothy Loker brought suit against Amber John
—one of the positive and usually popular characters
of the camp, so styled from the peculiar color of his
somewhat wrinkled skin — for extending his claim up
the side of the ravine beyond the limits allowed by
the regulations, so as to include part of a spot staked
off by one of Loker's men, for the nmtual benefit of
himself and his employer.
The case came up during the quiet hours of the
afternoon while the miners were yet at work, and the
town indulging in a semi-siesta preparatory to its noc-
turnal awakening. Behind a monte-table in the now
well-nigh deserted tent sat the judge, ermined in the
only coat the camp could boast, with the litigants be-
fore him.
It was evident from the beginning that Amber John
was angry, and on his metal. Miners' justice was good
enough for him. In five minutee the crowd at work
out in the ravine could determine the right and wrong
of it without all this round-tent clap-trap, and if that
decision did not suit, they had only to fight it out.
He didn't believe in courts ; they were useless, and a
nuisance, but for once he would try it and see how it
worked.
First of all he demanded that Loker should give
security for costs of suit. If he wanted law, he would
give him law; besides, he didn't believe any white
man would go bail for the onery cuss. Loker, how-
ever, easily and cheerfully procured the required se-
curity, clinchipg the character of his bondsman as he
laid the paper on the table by quietly adding, " who
is well known to bo in the round-tent interest."
It was now the defendant's turn to go through the
same process aiid file his security, but when this was
demanded o.' him he declined, coolly remarking that
620
COURTS OP JUSTICE AND COURT SCENES.
he never had intended to pay any costs or iudgment,
or to abide the court's decision, but should lay lils
cause before the miners in mass meeting. Thereupon
the plaintiff withdrew his suit, swearing that he had
had enough of such nonsense, and avowing his purpose
to settle upon the claim and defend it with his rifle.
To tliis proposition the defendant heartily acquiesced,
addinj' that, after all, the only way to settle differences
amicably was to burn powder over them. Besides
being the honorable and gentlemanly way, it was the
only method which left no unpleasant feelings to stir
up subsequent strife.
All which the judge marked with eyes and ears
attentive; marked in dignified and meditative silence,
with thought sluggish at the first, but gradually re-
volving, and with accelerated swiftness, until from the
unwonted friction there rose to the eyes electric fire,
and a red deeper and more indignant than that of
rum suftused the face. How long should these things
be ? How long should the blind goddess of the round
tent be insulted by the vile rabble ? How long should
appeals begun in prayer abruptly terminate in blas-
phemy? George Kelsey, alcalde or no alcalde — that
was the next case to be tried in the round-tent, a case
in which the arm of the law should appear in corporeal
visitation.
Slowly rising, he stepped from behind the table
and laid aside his coat. Insignia of office seemed suf-
f(x;ating just then. While bundled in dignity he was
less a man than when facing upon common ground
those who had elevated him out of himself. Calling
to the absconding litigants, he said, "Tim Loker,
John, a word before you go. I question no man's
right to carry his quarrel to any mill he thinks will
grind it best; but once set in motion, the wheel of
round-tent justice stops only at the master's bidding.
You have honored me by elevation to office; you
have honored me by bringing here your cause ; now
I purpose to give you, Amber John, a sound thrash-
a
litigai
iiig b
tlioy
MINER'S ARGUMENT.
G21
ing, for you liavo Insulted mo. Then under the sub-
duing influence of a loaded revolver which will be
placed upon the table, I shall proceed to try and de-
termine this suit, after which v^o will call honors easy.
Gentlemen, this is the first time since you elected me
alcalde that my honor has been called in question.
To my family in Missouri I am ai;countable for my
conduct as a man, and to the miners who elected me
for my conduct as a magistrate. I am abig man with
a big heart; that is why they elected mo alt aide, be-
cause I am a man big enough to execute the sentence
1)rocecding from a big heart. I am no trirkster; I
Lnow no law but common law, and that of the com-
monest kind ; but as long as I am alcalde, I propose
to deal out that quality of justice that suits me, and
if it don't suit you, then select anothei' man."
At this juncture in answer to tlio judge's nod
spirits appeared upon the table; mollifying spirits,
whose presence seemed to soften the asperities of the
litigants, but now bristling in bowie-knives and breath-
ing bullets. ** Go on judge," they both exclaimed, as
*;l;'y drew near and poured each for himself a liberal
potation. The case was continued without the pun-
ishment promised by tlie judge, whose words had
answered in the place of blows ; and it is needless to
say that the decision was in favor of the plaintiff
who, as well as his surety, was "well known to be in
the round tent interest."
Far below anything in quality that obtained along
the mining belt in forty-nine or fifty is tliat disgrace-
ful union of gin and justice occasionally found in later
times. It was a very different matter, the early trial
held in a saloon with the proprietor acting as judge,
and the thing as sometimes seen to-day. Then sak)on-
koeping was a respectable occupation ; now it is not.
Then the best citizens frequented those places ; now
they do not. Respectability springs from conformity to
the moral ideal of society, whether that ideal be right
or wrong ; and so does intrinsic worth, for virtue loves
622
COURTS OP JUSTICE AND COURT SCENES.
recognition. The gambler of 1849, other attributes
being equal, was not so immoral a man as the gambler
of 1889.
I find nowhere in the early records of jurisprudence
on the coast anji;hing which strikes me as so utterly
humiliating to lovers of judicial decency, or which
brings law into such low abasement, as a signboard
which as late as 1877 disgraced the intelligence of
the good citizens of Vallejo. Upon it was inscribed
the words "C. W. Riley, Dealer in Imported Wines
and Liquors, and Choice Cigars; also Justice of the
Peace."
Law and liquor ; happy union I Let not their
former association be confounded with the later one.
Tlie interpretation of this sign-board of One-eyed
Rile}', as ho was called, may be given in these words :
American politics seek the low haunts of vice rather
tlian the more retired paths of virtue. There is
something radically wrong in the system which places
the administration of justice in the hands that mix
poisonous drinks for their fellows; that place the
political power of a community at the disposal of the
class that frequents and patronizes drink ing-saloons.
In this instance the bar of justice and the bar cf
vile potations occupied adjoining rooms, communicat-
ing by a door which offered easy access one to the
other.
As to the workings of this mongrel institution I
offer a single illustration, which should be sufficient
to incite the intelligent and enterprising citizens i)f
Vallejo to a healthy reform. It happened one night
during the early part of the year before mentioned,
that two officers belonging to a Russian war vessel
then lying m the stream off Mare island had spent
the evening ashore, and about eleven o'clock set out
to return to their ship. Arrived at the wharf, they
hailed a boat to take them oft"; and while waiting its
appearance they were attacked afid knocked senseless
with a slungshot by a ruffian named HoUis Rand,
BELLICOSE COURT OFFICIALS.
e»
who thereupon proceeded to rob them, but was
frightened from his purpose by a police officer, Mc-
Donald, brought to the spot by their cries. Hand
made his escape; but was captured next morning and
brought before One-eyed Riley. It appears that the
robber and the judicial drink-seller were friends hav-
ing business relations, the former being a tenant of
the latter, who, besides, was in arrears about $100
for rent. Rand was liberated on his own recognizance
by Riley, and when the case came up for examina-
tien it was dismissed with little formality.
In June 1850 a fracas occurred among the judges
at Marysville, in which contemptuous words, fines,
and arrests were freely bandied, and weapons drawn
by dignitaries seated on their bench in open court.
Then the crowd without took the matter up, marched
from the house of one belligerent justice to that of
another, midst cheers and groans and the firing of
pistols. Finally the mob dispersed, the excitement
died away and nobody was hurt.
It was not an unconnnon occurrence for attorneys
and officers of the court durin*' a trial to fall into
disputes, become heated, pass the lie back and forth,
and draw pistols. I know of one instance which
occurred in the recorder's court at Sacramento as late
as May 1856, in which a quarrel between the defend-
ant's counsel and a testifying police officer tlireatoncd
to involve the whole court-room in a fight. Peace
being at length restored, the judge fined the attorney,
who liad given the policeman the lie direct, ij^lOO for
contempt of court; l)ut an apology from the oflcndcr,
in which the court was assured that the w<»rds were
spoken in the heat of the moment, and with no in-
tended indignity to the court, brought a speedy
remission of the fine.
I
The Laura D. Fair trial is interesting in its psy-
624
COURTS OP JUSTICE AND COURT SCENES.
chological aspect rather than in a professional way.
Laura coveted money, but she coveted men more;
she could love a little, but she could hate stronger;
she could be insane somewhat, but her lunacy, whicli
was of the emotional kind, was always subservient to
her sense. If to see her lover kiss his wife madci l:tr
a lunatic, wit waited on revenge to the instantaneous
accomplishment of that which lay nearest her litjart.
With rare skill Laura gave in her testimony at tl.e
trial. It was very clear she was not insane then. It
was very plain that she was not a lunatic innncdiately
before and after the deed. She did not wish it under-
stood that she was beside herself but for the moment,
and like a mind lost in a mist of ever-increasing
density, so was her giving of evidence, clear and vivid
at a little distance from the deed, both before and
after, but gradually growing indistinct, until at the
moment of the murder all was opaque blackness.
Her memory at that point was a blank. Hovering
about the fatal moment were mingled facts and fan-
cies hurrying hither and thither like imps of dark-
ness, until she could not tell what was real and what
imaginary. They were beyond her description, be-
yond her knowledge. A soul dropped by the mes-
senger-angel upon a dark and angry ocean was not
more lost to itself than was she at the time. Laura
manifested no less ability in the escape than in the
killing. Some of the scenes in court were quite
characteristic.
" I am sure he was the only friend I had in the
world," she exclaimed on one occasitm from the wit-
ness-box. " I would not have harmed him for a hun-
dred worlds. Had he been living, gentlemen, when
Mr Campbell insulted me the other day, he would
have made Mr Campbell on his bended knees apt)lo-
gizo for it." There were present certain sympathizing
women of strong-minded proclivities, who took occa-
sion at this juncture to applaud, such being deemeil
by them one of their denied rights.
SOME LADY ENTHUSIASTS.
023
" Silence 1 " cried the judge, his face reddening for
the unblushing females. " Officer, bring forward any
who applauded." The officer after some search re-
ported his inability to find such a one. Then spoke
Laura :
"Judge, it was all my fault."
■ " Madam," said the judge, turning sharply upon
lier, " speak only in answer to such questions as are
put to you. You are not blamed for the disturbance."
Well, judge," replied Laura, ** human nature could
not stand it." Emily Pitt Stevens was now pointed
oat as one who applauded.
"Did you applaud ?" demanded the judge of her.
" Judt'e, I was not aware that I could not applaud
in court, ' replied Emily.
" Did you applaud ? ' cried the judge.
" I said * good.' "
" What is your name ? "
" Emily Pitt Stevens."
•* You applauded in court, did you ? "
" I said ' good ' and I put my hand down on the
desk so."
" Did you make any noise ? "
" I made no noise with my feet."
" Did you with your hands ? "
"Withmy hantlsl did."
" You are fined twentv-five dollars."
" I will pay it," cried Laura.
" Thank you," smiled Emily.
Another of the sisterhood, Mrs Booth, was then
accused.
" I did not applaud," said she.
"You did," answered her accuser.
" Judge," exclaimed tlie female rising and address-
ing the bench, " I was not aware that I could not
applaud."
*' What is your name | »
" Mrs Booth."
"Did you applaud?"
Cal. Ikt. Poc. 40
I
02G
COURTS OF JUSTICE AND COURT SCENES.
"I stamped my foot, I was not aware that it was
against the rules."
" Enter a fine of twenty-five dollars," said the juJge
to the clerk.
"I will pay it," put in Laura again.
" Thank v<^u," said good Mrs Booth.
" You will have to draw heavily on your purse if
you pay the fines of all of them," remarked the judge
to Laura.
" I do not think, your honor, that these ladies un-
derstood the rules of the court," said l^ura.
"Well, they understand them now," replied the
judge.
A gay demoiselle of Pacific street, prosecuting in the
recorder's court a lover, who one night while she was
slcepiiig off the fumes of champagne rose from her side,
rifled hor room of its valuables and departed, was asked
by the judge to state the particulars of the case, who
slie was and where she lived. Turning toward him
with an arch smile, Angelina replied, " Ah I judge,
you know all about it 1 "
Uncle Zeke was elected justice of the peace at
Nevada city in 1852, and when called upon to taki;
the oath of office it was for the first time ascertained
that his name was Ezokiol Dougherty. A man
arrested for horse-stealing was once brought before
him and jmt upon trial. Evidence was strong against
t!ie prisoner, it being fully proved that he was a bad
cliaracter. The prosecution rested, and the prisoner's
counsel called a witness.
" I don't see what you want of witnesses," said
Uncle Zeke.
" May it please your honor," replied the attorney,
" the object of the testimony which I now propose to
offer is to prove the general good character of the
accused."
"What in hell is tie use of trying to prove his
PHARISAICAL EVASION".
627
good character when he is already proved to be a
thief? " roared the judcfe.
"Your honor, notwithstanding the one-sided evi-
dence, the tlieft is not proved ; moreover it is a pre-
sumption of law that a man is nniocent until he is
proved guilty."
"Yes, my friend," concluded Uncle Zeke, "and
there is another presumption of law, and that is that
a justice of the peace is not bottomed with cast-iron.
You may go on with your speech if you like, but I
am going for my bitters right now."
Cerruti tells the story of a scene which occurred in
a justice's court at Sonoma while he was there engaged
in writing from General Vallcjo's dictation.
A Jew shop-keeper, at the instigation of his com-
petitors, was arrested for violating the Sunday law,
which decreed that all places of business in California
should be closed on the sabbath. The offender was
fined ten dollars, which materially reduced that Sun-
day's profit. Thus forced to do reverence, the Jew
thought he might as well keep his own sabbath as the
Christian's, and so secure a better day for traffic liere,
and tlie seed of Abraham's reward hereafter. So the
next week he sacredly regarded Saturday, and kept
open shop as usual on Sunday. Arrested Monday
morning, he was asked why he had transgressed the
law a second time.
" I have broken no law," he declared ; " I kept Sat-
urday, which 18 the Jewish sabbath."
"Sir," said the judge, "do you propose to transplant
JcTusidem to California? Clerk, enter a fine against
the prisoner of twenty-five dollars."
Often in early times, as we have seen, justice and
juleps were administered by the same hand; some-
times the storekeeper or the postmaster would add to
his regular occupation the duties of alcalde. At Agua
Frio we find in 1852 an unsuccessful miner metamor-
i
I
628
COURTS OF JUSTICE AND COURT SCENES.
pliosed at one turn of the moon into doctor both of
medicine and law. He did not hesitate even to accept
the office of justice ; but he found it quite impossible
to know all that was contained in books about the
rendering of judgments. An important case was
once before him in which one of the attorneys cited a
decision of Justice Story, and opening the book began
to read it, when the judge impatiently exclaimed :
" Mr Wade, Judge Story was undoubtedly good au-
thority in his day, but he won't do for this court.'*
This same medico-jurist owed a certain mechanic
for work. Repeated dunnings proving of no avail,
the man finally threatened to bring suit against the
judge. As it happened, there was another hall of
i'ustice not far from Agua Frio, into which if our un-
earned friend should fall lie knew it would go hard
with him, for the mechanic's claim was a just one.
I^Ieeting the man one day, the judge drew him aside
and insinuated in a friendly though dignified manner,
that if he must bring suit it would be better for botli
sides that it should be done in his own court, thus
saving useless trouble and expense. After some hesi-
tation the man consented, made out his bill, $97 50,
and handed it to the justice for collection. The suit
then underwent all the forms usual in such cases ; the
justice issued sunnnons against himself, acknowledged
service, and fixed the day of trial. At the appointed
h»)ur the mechanic appeared in court.
"As I shall not dispute your bill, I see no necessity
for calling a jury," remarked the judge.
" I agree with you," replied the mechanic.
" Then we will proceed at once to the examination
of the case," said the judge. "Let me see, your hill
is for $97 50. I admit the claim ; you did the work
well, and earned the money ; I am perfectly satisfied.
My bill against you is just $100."
" Your bill against me ! What do you mean ?"
" My bill for medical attendance ; doubtless you
have forgotten it; it was for that pulmonary attack,
A GENERAL I'RACTITIONER.
es»
you know; it has boon standing for some time. I
should have sent it in sooner, I know ; I am very
negligent in money matters, but I do not like to in-
convenience my patients."
"I remember, some seven or eight months ago,
when sufl'ering with a ccld, you advised me — "
"That is sufficient," broke in the judge. "You
acknowledge the service. For that advice my charge
is $100; in serious cases I never take less, I shall
liave to enter judgment against you for two dollars
and fifty cents and costs, twelve dollars — it would
have been forty if taken to the other court — payable
immediately, as it is a rule of court for all judgments
to be settled at once."
There was no help for the mechanic but to pay the
money.
John C. Murphy one day innocently borrowed
without permission a horse belonging to William
(Jordon, a stronix-minded matjjlstrate of Yolo countv.
Hearing of it, the justice sent the ccmstable after
jMurphy, who was brought before Gordon, tried, con-
victed, and sentenced to be handed that afternoon.
The magistrate was in earnest ; and it was with the
utmost difficulty, and only by appealing to his sense
of fairness, and to his reputation as a magistrate in
criminating a man where the judge was prosecutor,
that delay was gained. Finally the case was referred
to another court, and the prisoner discharged, greatly
to the disijust of (iordon who immediatelv resjoiu'd
office, affirming he would no longer be judge where
he could not administer justice.
In the days when women were scarce and justic e
easy, Thomas A. Springer, magistrate near Ueorge-
town. El Doratlo county, divorced a wife one after-
noon, and married her to a new husband the same
evening.
880
COURTS OF JUSTICE AND COUllT SCENES.
Ill the spring of 1849 a Biiiall band known as the
Texan company started for the southern mines.
Among the members was one Richard C. Barry, who
had obtained the title of major during the Mexican
war, where he commanded a company of Texan
rangers. Attracted by stories of the marvellous
richness of the Tuolumne diggings, Major Barry and
his party went to what is now known as Sonora.
Emigration increased rapidly, and it became neces-
sary that there should be a town organization, and
Major Barry was chosen one of the justices of the
peace. The position was one that gratified his pride,
and filled the measure of his ambition ; he required his
orders to be implicity obeyed, and the great dignity
of his position to be respected. Justice Barry was
a stout, red-faced man, of medium height, with an
air of great resolution. His literary and legal attain-
ments may be determined from the record of his
rulings taken verbatim et liberatim from his docket,
which consisted of loose s raps of paper carried about
in his hat and pockets. His intrepidity and integrity
of character elevated him to an office where courage
and resolution were often demanded. His court was
omnipotent, and if disrespect was shown it a fine of
from ten dollars to twenty ounces was imposed In
his processes, forms, and ruHng, he displayed ajustessr
de V esprit truly charming, as the following transcripts
from his docket show.
Begin with case numbered 101. " In a caze where
one James Knowlton brings sute again joss Sancliis
fer felonously, and surreptiously, taking, stealing, and
robbing the said James Knowlton, late of San Fran-
cisco. One buckskin purs or sack of gold-dust of tlic
value of $4,000.
" After heering the evidence projuced in the case, I
demand of Jose Sanchis whether he was going to
plead guilty or not. Jose answered me thus, you
find out. For which insolent, and abominable con-
tempt of court I find him 3 ounces, and adjudged him
BARRY, OF TUOLUMNE.
«!.
guilty. I sentenced him to restore tlio goold dust to
tlio Court, and, to receive well lade on 40 lashes on
liis bare back, and to pay the Costs of the Court.
*' Cost of Court 5 ounces which Jose not having I
rooled that James Knowlton should pay. Deducted
tlie amount and returned the balance to the owner
James Knowlton.
July 9, 1851. RICH'D C. BARRY, J. P.
U. H. Brown, Constable."
"In caze" number 51G the "Costs of coort" seems
to be the idea momentarily ruling the judsjfe's mind.
" This is a sute for nmle steehng, in which Jesus Ra-
mirez is indited for steeling one black marc nmle,
branded O with a 5 in it, from Sheriff Work. George
swaros the nmle m question is hisn, and I beleeve so,
too; on hearing the caze, I found Jesus Ramirez gilty
t)f, felonously and against the law made and provided
and the dignity of the people of Sonora, steelifi' the
aforesade mare mule, sentenced him to pay the cost
of court, $10, and fined him $100 more asaterrourto
all evil-dooers. Jesus Ramirez not having any munny
to pay with, I rooled that George Work should pay
the costs of coort as well as the fine, and hi default of
payment that the said one mare nmle be sold by the
constable, John Luney, or other officers of the court,
to meet the expenses of the costs of coort, as also the
payment of the fine aforesaid.
"R. C. BARRY, J. P.
"Sonora, Aug. 21, 1851.
"Joi.w Luney, Constable.
*'N. B. Barber, the lawyer for George Work, in-
solently told me there were no law for me too rool so.
I told him I didn't care a damn for his book law, that
I was the law myself. He continued to jaw back. I
told him to shet up, but he wouldn't; I fined him $50,
and committed him to goal 5 days for cf)ntempt of
court in bringing my roolings and dississions into dis-
roputableness and as a warning to unrooly persons not
to contradict this court."
hi
632
COURTS OF JUSTICE AND COURT SCENES.
Case 606 displays a little difference between the
judge and certain attorneys: "This was a sute be-
tween two ganiboleers. E. Krohe the ganiboleer who
sooed Sam Heed the ganiboleer to recover 3,000
dolers won at ceards. After much swarin one way
and another the lawyers, H. P. Barber and Leander
Quint, argooed the caze, which after a long time they
got through with. I discided that Barber was right,
whereupon Quint said please your honor I never can
get justice in your coort; putting out his finger and
thumb, i told him the likes of him in my country
often lost their fingers stealing com or chickens, and
that if i had anything to say he never shood have
justice here. I ordered him to hold his tung and
shet up when he went out of coort he began to grum-
ble again ; i ordered John Luney the constable to ar-
rest him and bring him into coort before me, which he
done, and I then fined him $25 for contempt of court.
"Costs of court $100, which was paid.
"R C. BARRY, J. P.
"Sonora, September 10, 1851.
"Constable."
Case 997 seems from the following summons to
have been one of a class not infrequent in those days,
which is judged first and tried afterward :
ucjj. i. e r* A'c • \ To the Sh'ff or
"btate ot Calitorma, f /-« i. ui r
^ , m 1 > any Constable ot
County luolumne. ( c • i
•^ ) atoresaid co.
" Greeting :
"You are commanded to summens Maberry and
Street to appear before me at my office on the eight
day of November, A. D. 1851, at the hour of 9
o'clock, to answer to complaint filed in the court by
D. T. Donnalld, where in he charges them with a
nucense by putting a privvy on a lot which they have
jumped belonging to pl'ff, as a possesor right he now
comes to claim his right as an American citizen by
claiming a writ to dispossess them to have restitution
according to law, with appropriate demmages for the
A LEARNED JUDOE.
68t
Imposision now about to be carried out a<^ainat liim
by sieh hitjh handed and morcanary arrovvgance on
the part of the Accused.
"Sonora city, November 5, 1851.
"R. C. BARRY, J. P."
The duties of coroner devolved upon a justice of
the peace. Barry liad a pecuhar mode of recording
liis procedures, which is best illustrated by quoting
from his writings.
No. 3. "George Williams who cutt his throt with
a razor October 20, 1850. Having heerd tlie evidense
it is evident it is a case of felloday see. Said Williams
had no property that I could find out.
"Justice fees, $10.
"R. C. BARRY."
" No 5. T. Newly killed by Fuller who shot him
with a gunn, Jaimary 30, 1851, I found no property
on the diseased. After trying Fuller and finding him
gilty, he was comitted by me, and sentenced by the
cort to two years' confinement. He broke jale and
run off."
" No. 1 6. Inquest on the boddy of a Chileno boy,
one of Snow's murderers, hunix bv tlie mob on Dar-
gun creek, June 25, 1851. Noboddy seems to no
who did it, he deserved to die."
A knotty case arose at Calaveras in 1852, which
is not settled to this dav. Provender durinjj that
winter was very scarce. One night several donkeys,
the property of certain well-known citizens, ruminat-
ing upon their hungry lot, encountered a ( lothes-line,
the only one in those parts which could display
among its gray ai«d^ woolen bunting, that blood-
tingling sight, a sacred white petticoat.
No st)oner had he espied the prize than lifting up
Ills voice, the oldest donkey blew loudly his horn,
whereat he and his comrades made a general attack.
Soon the clothes-line was cleared and the shivering
bowels of the nmles were comforted with a coverinjr
If
HI
COURTS OP JUSTICE AND COURT SCENES.
of divers garments such as men and women use.
The question for the Themis of the foothills to settle
was whctherthese clotlus. so .safely locked within hairy
peripatetic trunks, mi;.(ht he recovered by action of
replevin or left to di»(estion. A Chniaman who was
asked his opinion replied ''Jackass eaty Melican man
shirt, belly good, belly good 1 "
An account of a law suit in the mountains given
by an eyewitness, pictures the justice seated on a
claret-box before a fire in his splitboard shanty
fr^'ing a beefsteak for his dinner. The defendant enters.
" How are you judge. Isn't it time to begin the
trial i This is the fourth time I have come here ;
first the plaintiff was not ready with his witness, then
your honor was absent, and the third time the plain-
tiff's witness did not swear to suit him. Now I
think we had better try the case before another jus-
tice as I want you for a witness myself."
"Await the arrival of the others and we will see,"
replied the judge, cutting off a piece of the steak and
beginning to eat. While thus engaged the plaintiff
enters with his attorney.
"Well, judge, we are ready; don't want any wit-
ness. I'll tell you the story and that will settle the
matter. My client owed the defendant fifteen dollars,
and was the owner of a horse which he turned over
to the defendant with a writing stating that if he did
not pay the fifteen dollars within ten days, the de-
fendant might sell the horse and pay himself out of
the proceeds. The ten days passed and neither tlio
money was paid nor the horse sold. Now we tender
the money and sue to recover the horse. That's the
whole of it ; now take a pen right away and render
judgment in favor of the plaintiflf."
"The defendant wants me for a witness," said tlio
judge, munching his bread and beef-steak, " and there-
fore asks to have the case brought before another
justice, but I don't think it necessary."
A JUDGE AS WITNESS.
OSS
" No, no," exclaimed the lawyer. "Of course not,"
echoed his client.
"Yes, it Is necestJarv," j»(Tsisted tlie defendant,
"and I will have the case tried in anotiior court."
"Try it wliore you like, hut we'll fix the Im^iness
here now. Don't vou think I can y;ive niv evidence
hi this court as well as in another r' demanded tlio
judge. Then rising, but without being sworn, he
testified what he know of the matter, and resuming
his scat witliout another word, he entered in his
docket judgment for plahitiflT.
"That's right, judge," said the lawyer, who there-
upon immediately withdrew.
"WhatI" exclahned the victim of these sunnnary
proceedings, "render a verdict without a trial i liow
can you act as witness, jury, and judge all at the same
time? I'll tell vt>u what I will do — "
"Do what you danmed please 1" said the judge as
he arose from the table, wlju'd ];is mouth with the
back of his hand, and started for his mining eluhn.
A territorial leixislature and countv officials had
just been chosen by tiie people of Wasliington, and
Jolm W. Champ, justice of the peace, antl Cliarles
W. Denter, constable, opened the first law court evi r
held at Showlwater bay, and entered ui)on tlieir first
case.
All which proceedings the oystermen of this beach
regarded with })rofound contempt. Wliat did they
want with law ? The country had been ai)le to get
along wtll enough without it so far. The peo}>le wc re
disposed to be peaceable. All had tiieir own aflairs
to attend to; their rights and wrongs were very sim-
ple. Each found it pleasantcr to be frientls with all
the rest, to have their good opinion and fellowship
than their emnity ; if a disturber of the peace dropped
ffom so.ne pass'.ng ship, l;e was quietly advised to
continue his rambles, and not stop there. If wliisky
assumed the soverei<j:ntv, a little fist-fiLjht would
63C
COURTS OF JUSTICE AXD COUHT SCENRS.
usually heal all feuds, and bring the belligerents to
their senses. Law was not wanted at Showlwater
bay, but now they had it they must use it. Nobody
thougiit of going to court until the court came to
th(>m.
Clianip was a tall, nmscular Vermonter of sixty-five,
wliose inner qualities as microscoped by rye wliisky
were cra.«j:sxv ; Biij Charlcv, as Dcntcr was called, was
dropped on Showlwater Beach by a Maine whale as
too lazy for the service. Two better men fi)r their
respective positions could not have been found by
searching diligently with a candle; it is a peculiarity
of our political system that certain offices arc better
filled by manikins than men. The first case was Pub-
lic Opinion against Bowman. Bowman was a waif;
how he lost himself no one knew. The Beach did
not want him. Give him things to watch, and more
of theiu would be missing than if left exposed. Mr
Ilussell lost a small sum of money by him in tliat
way. Before the establishment of a court the man
would have been hunted hence, and that would hav<>
been the end of it, but law was master now. Besides,
the justice wished to try the new machine.
Ajiainst Bowman there was neither prosecutor nor
proof; but these slight impediments were easily sur-
mounted by Champ, who was not hampered by legal
knowledge.
The united wisdom (»f the Beach produced a pajier
which seemed to touch the evil remedially, which was
made to take the place of wliat in more exi)erienr((l
courts would be a warrant for tlie arrest of Bowman.
This was placed in the hands of tlie constable, whoso
wholesome fear of the obnoxious straggler, together
witli his constitutional aversioti to either mental or
muscular exertion, rendered the serving of the war-
rant, as it was supposed to be, a serious matter. By
one idea alone his mind was filled as lie dragged his
slow lind)S through the sand. How should he get
th<j man before the judge ? Assuming an indifference
ON SHOWLWATER BAY.
m
which ho was far from feeling, he entered a boatman's
hut wliero Bowman happened to be quartered for tlie
time, and asked for something to drink. Bowman
replied that he had none, of which fact Big Charley was
well aware, otherwise the man would not be sober.
" Old Champ has just got a demijohn of first-rate
whisky," said the constable, "let's go and got some."
"That suits me," replied Bowman, whose thirst for
tho ardent was unquenchable.
A|iproaching tho unfledged hall of justice, they
found the squire feeding his chickc ;>.v Seeing his
first order thus so promptly obeyed, tlio judge gave a
final flinyf to the wetted bran which he was scattorinix
to the infinite satisfaction of the poultry, and enter-
ing the courtroom with unusual alacrity, took his
seat, a crowd was gathering, and within the hour the
reputation of the tribunal would be forever fixed.
" Order in court 1 " began the judge, with as stern
an expression as he could call up on so short a notice.
Then turninu to Bowman he beuan :
"Well, sir; what have you to say for yourself "
" Nothing in particular, judge ; have you any
wliisky, here ?"
" Whisky 1 exclaimed the judge, somewhat angered
by the unhaUowod intimation, "do you take this for
a rum-mill, sir ? W^hat have you been doing, hey ;
guilty or not guilty ? "
" Capital, judg'\" renlied Bowman, with a not alto-
gether happy smiie. " You would alwaj^s have 3our
little joke ; bui where's that new demijohn of whisky;
Tin as dry as a cured salmon."
" I'll salmon you for bringing this court into con-
tempt," cried the judge, whose irate emotions were
iidw running away with his syntax. "Do you know
tliatyou are arrested, sir ; that you are on trial, sir?"
" No, I did not know it," was the reply. " What
is the charge ? "
" Charley, you lubber," said the judge addressing
the constable, " didn't you show him that paper ? "
«., i.J
I
638
COURTS OF JUSTICE AND COURT SCENES.
" Of course I did," was the reply.
*' That's a lie; I haven't seen any paper."
" Order in the court 1 " roared the judge. " Give
him that paper, you big lump of whale blubber, and
lawfully arrest William Bowman, in the name of the
United States."
Big Charley handed the paper to Bowman, who
opened it and read as follows: "You are hereby
commanded to leave the bay within twenty-four hours
or receive twentj'-five lashes. And may the Lord
have mercy on your soul. John W. Champ, justice
of the peace."
" This looks more like a viiiilanre notice than a
warrant of arrest," said Bowman. " Of what am I
accused, and by whom?"
"Accused I " exclaimed the judge. "Of everything,
and by the whole Beach. You know you stole Mr
Russell's money, and that you are a pirate and a
red rover."
"Who says I stole money; who makes such a
charge, and who are the witnesses," said the prisoner,
nt)w fairly aroused.
" See here. Bowman," replied the judge. " Wo
don't want any witnesses in this matter. You know
all about it without being told; and as for the cluirge,
I bring that myself, and to sjive time I wrote out
what vou had to do, and that's the end of it."
"Court was then adjourned; Bowman was put
upon a vessel for Astoria, and thus terminated tin-
first legal trial at Showl water bay.
Not long aft(Tward a deserted sailor, callo<:l Bob,
was discovered stealing a pair of sJioes from a storr.
The oystermen from what they have seen of the new-
machinery at Champ's, thought themselves fully as
capable as the United States to act in the matter;
so without going near the judge they whipped the
offender and shipped liim down the coast.
The registrar of the United States' land office may
ARMED OR UNARMED.
9$
not punish for contempt, hence those bringing cases
bofore him may be as belligerent as they please In
the case of Ketchum versus the State of California,
before Mr Haverstick of Los Angeles, among the
attorneys on either side were Mr Gould for plaintitf
and R. M. Widney for the defense. Ketchum him-
self was on the stand, and Gould was examining
him ; both sides indulged freely in invective.
"What became of Lachenais ?'" asked Gould of the
witness.
** He was hanged by Wldncy and others."
Widney rose from his seat, and drawing from his
p;)cket a pistol, and holding his hand down, as one
draws and holds a handkerchief, thus addressed the
witness :
"You say I murdered a man, you lie, you perjured
villain. I was not present when Lachenais was
hanged, and knew nothing about it. If you and your
party are armed to a.ssassinate me, as I have been in-
formed is your avowed intention, now is your oppor-
tunity."
" We are not armed," said Mr Gt>uld.
"Then I will put away my weapon," replied Wid-
ney. "And in continuing the case this afternoon, I
wish to have it distinctly understood whether wo
come together armed or unarmed."
Mr Haverstick ruled that the case was to be con-
tinued by unarmed disputants.
A case came up in the district court of San Fran-
<isco in Sq)tembcr 1852, which shows liow widely
separated are justice and the jury hi many suits at
law. It illustrates at the same time how impatient of
forms and technical restraint is the material ct)mpo8-
ing our juries, and how utterly foolish atid fickle are
i'.irvmen sometimes, and how farcical are nnnv of our
jury trials. Suit was brought by Green 8,'ainat Min-
turn for certain improvements on leased land, which
iini>ro\oments had been valued by an appraiser at
m
COURTS OF JUSTICE AND COURT SCENES.
$4,000. Green had refused to abide by the decision
of the appraiser, and so brought tlie suit. The trial
ended, tlie jury brought in a verdict of $8,000 for the
plaintiff, 8ti[)uiating that no imputation of unfairness
sliould lay at the door of the appraiser. The judge
told them that the latter clause of their verdict was
superfluous, and must be stricken out. The jury
again i etired, and in a few minutes brought in a ver-
dict f( r the defendant, with some $.')00 costs which
the plamtiff must pay, whereat the court and all pres-
ent smiled audibly.
A Sacramento court-room was the scene of a some-
what undignified emeute on the Ifitli of June, 1832,
growing out of squatters' troubles, respecting which
there were still many sniothered feuds. No sooner
was the court adjourned at noon than one McKune,
of whom the associate judge, Wilson, had mado some
cUsi)araging remarks, stepped forward and demanded
an apology. This liis honor refused to make, when
McKuno and a friend of his, Caulfit^ld, attacked the
judge, and beat him over the head vith a walking-
stick. Judge Wilson carried a sword-cane, which lie
drew, aiul plunged the steel into the body of his as-
sailant. Pistols were then employed ; Caulfield fired
once and the judge once. The jail-keeper rusliing
between the combatants re»?elved in his body the ball
intended for the judge. There was great excitement
througliout tlu; city respecting the affair, and much
talk of lynching.
A prosperous mining district always furnisiied tin-
courts an abundanci! of business, and the lawyers t'iit
fe(!S. Titles and bounderies to claims were the cliii t'
causes of dissension, and if the contestants were able,
their advocates had no difficult}'' in making them i)ay
well for indulging in the luxury of law.
Jos.se Nilt)S, made magistrate of D<jnkeyville by an
overwhelmh)g majority of the people, was a long, sin-
ewy, h«
could rt
words, a
lils nam
hence Ik
packed 1
in such (
tice. R
1 -w, and
donee, ca
It was
represent
injf comp
with trou
Farland c
I>.iss in \\i
Niles, as
through 1
gravf.) sati
ties appoaj
at ojiu (>'(•]
"^\\o, fare I
'"'•trd, anil
dignity of'
'■•"d he rea
If" was dt
f 'r himscJ
^^pcniiW 1
self:
"If the
j"ctions,
'"''ativvhiie
slioiddor in
tlic Jionora
f 'ur,se it di
^"•ir too poll
ti"it. tJu; ju
I'liiintiir, \vi(
*iii'. the (tcf
NILES, OP DONKEYVILLE.
OH
ewy, hard-fisted, and tliuk-licadod ladianian, who
could road wiUumt spelling imt any but the longest
words, and if you gave him tii>»c enough could write
Ills name. His decisions were emhientlv practical;
I'.ence lie was eminently popular. Legal lore was not
jxicked between the coarse convolutions of his brain
in such quantity as to wholly defeat the ends of jus-
tice. Rascalitv could not shield itself under cover of
\:av, and a sworn alibi, in the face of undoubted evi-
dence, carried little weight.
It was a great day for Justice Jesse Niles when the
representatives of the two largest and wealtliiest min-
ing companies of Donkeyville district came into C(»urt
with troubled determination in their faces. The IMc-
Farland company ( harged the Old Kentuck with tres-
]»ass in having worked over on their ground. Justice
Niles, as he fixed the time of trial, ran his fingers
through his thick, tangled liair as best he could, witji
grave satisfaction. At the appointed hour both })ar-
ties a|»peared in court; the jury was empanelled, and
»t onv. o'clock all were ready to proceed witli the case.
The foreman of the McFarlund rose, stroked lis
h"iird, and glanced round the room. The h >nor and
dignity of the company had been placed in his hands,
and he realized fully the responsibility of the situation.
J[" was determined to leave no effort untried to win
i'»r liimself laurels, and for liis c(»mp,iny tlieir cause.
Opening his mouth, in slow jerks ho delivered him-
self;
"If the court please, and the defendant has no ob-
j'ctions, I propose we adjourn for five minutes,"
iiieatiwhiie giving his tlaunb a lateral lling from his
shoulder in the direction <>f the Diana saloon, of whieli
tlie honorable judge was proprietor. As a matter of
f'lurso it did please the court, an<l the defiiulant was
far too polite to object. After their comforting p«)ta-
ti'iu. the jury listeiied to the case, as |)resented by the
Iili'-intiif, with marked attention. Too sympatlietic, by
tar, the detciidant thought, for the good of his cause,
C!al, Int. I'oc. 41.
m
\ m
Aitt
COURTS OP JUSTTfE AND COURT SCENES.
and as the remedy lay only in the disease, he felt it
incumbent on him also to ask an adjournment of five
minutes. And these pleasant little compliments were
continued by both sides until by eight o'clock there
had been no less than twenty adjournments.
irnder the circumstances the judge was certainly
excusable if in summing up the case to the jury his
ideas ai)poared a little confused, and liip tongue some-
what tliick. It so happened that one of the twelve,
whose fate, he used to say, it always was to be [)lactd
upon the jury with eleven fools, and whose leathery
brain no measure of the most villainous compound
ever sold for drinking purix)ses could saturate,— it
happened that this man gave mortal offence to tjie
judge by asking in wliat book the law laid down by
his honor could be found.
Now the judge was particularly sensitive about his
metliod of expounding tlie law m Jiis ohargt' to tlit;
jury, as we all are sensitive in our vulnerable parts,
and the frequent adjournments seemed rather to have
increased than to have diminislicd his irritation. In
his present state of mind, it seemed to him clear tliat
tlie ermine had been insulted, and that tlie imperti-
tuftcc Muist l>e resented. With clenclied hands ami
cr.ntractcd brow, he fixed his angry eyes upon the
juror,
•'The book, is it," he exclaimed, "it's the law you
want ? "
"Y-y-yes," meekly replied the juror. "I asked
your lienor where it might be found."
"Confound you, sir," roared tlie judge, "I would
have you know when I ttdl you a thing is law, its
law," and drawing a bowie-knife he made a spring for
the offender.
The jur}^ broke and ran, the infuriated justice lianl
after them, and for a time it was doubtful how this
charge of the judge should terminate. At length
reaching a hill outside of the canij), the jury scattt ivd
and were lost in the darkness, while the judge return-
ing to
alone, i
j'is in a
A mi
f >r mur
Sometii;
ported i
the prls(
the decii
Two r
pocuniou
up to tin
sweat for
" Wha
alrearly,"
"That'
h'! struck
as a free
your cou
We'll swo
" Wei
thep-'fcti
" Voil
you after
A wa,rr
into eour
"^uit appro
"See )i
f'f a fix.
piison for
•■^"d I ran
<«re a free
" CJieap
iiionev am
At the r
^\'!»s enterei
J' let by Le
LAW AND DUTY.
643
ing to his bench was obliged, in deciding the case
alone, to exercise the right of desperate necessity —
jiis in cdsu necessitatis,
A man in Plumas county, sentenced to be hanged
for murder, appealed his case to the supreme court.
Sometime afterward tlie sheriff seeing the case re-
))ortcd in the Sacramento Union as affirmed, Itanged
the prisoner. In a few days an order came reversing
the decision of the court.
Two men fought at Cacheville one day. An im-
pocunious lawyer regarded it speculatively. Stepping
up to the victor he said : " Lewis, you can make him
sweat for that ; he struck you first."
"What do I care; I have sweated him enough
already," replied Lewis.
"That's all v(>ry well," persisted the lawyer, "hut
liv; struck first; ho broke the law, and it is vour dutv
as a free American citizen to see the institutions of
your country sustained. Give me five dollars and
we'll sweat him."
" Well, I don't mind," grinned Lewis, as ho handed
the pettifogger the money. "Sweat him good, will you'"
" Von hot; he will respect you. all men will respect
you after this."
A warrant was issu<^d and the beaten man brought
into court. The same lawyor who instigated the
suit ap[)roached him confidontijilly
'•See here, Sam; you've got yourself into a dovil
f»r a fix. Do you know you can be .sent tf> the state
IM-isoii for this. But I'm on the other side, Sam,
in 1(1 I can save you. Give me five dollars and you
it!o a free man."
"Cheap enough," said Sam, as he handed over the
nioMoy and walketl out of court.
At the request of the prosecution a nolle prosequi
was entered and the case dismissed. The lawyer was
II lit by Lewis shortly after who accosted him.
'--■ ! I
COURTS OF JU.STICE AXD COURT SCENES.
*' How is this ; how about trial, example, and insti-
tutions i "
"Well you see the jud«je was against us; so
rather than risk a trial I withdrew for an appeal — "
"A 'peal ? I'll peal you if you don't peal backtiiat
five dollars," The learned counsel pealed.
The following statement displays one phase of the
workings of law, which goes far to show that it is
often better to submit quietly to injuries sustained
than to attempt redress in the courts.
" To the officers of Calaveras county. — Gentlemen:
On the 24th day of February last, while travelling
through your country, I was waylaid by a highway-
njan, who, after robbing the stage of Wells, Fargo &
Co.'s express box, forced me to give up my purse,
containing about eighty-three dollars. I am in-
formed the amount obtained from Wells, Fargo &
Co, was eighty-one dollars. On the next day the
robber was arrested in your county, and no effort
made to search him, except to take from him his
pistol ; neither was he searched for money nor iden-
tifying articles in his possession until he was in-
carcerated in San Andreas jail, although ho was
known to have over one hundred dollars upon his
person, until lie had emplo3'c>l one Mr Hopkins to
defend him, securing his services by giving him a
j)ortion of the money stolen from me. The prisoner
was then searched and over forty dollars found on liis
])erson. I was summoned by the proper authorities
of said county to api)ear in said San Andreas on
three separate occasions, to wit ; before the commit-
ting magistrate, before the grand jury, and on tlic
trial before the county court, to each of which sum-
mons I went as a witness from this city, my home.
A few days before the final trial, the sheriff of said
county expended a portion of the money found on
the jirisoner in purchasing him clean underclothing.
On April 25 th the prisoner, under the name of
Wrig]
of J)i^
fiftt^en
lodi,
jet
"III
county
rofuse(
plied t
lars of
me tJie
sheriff"
decline
order c
wit : 'i
and my
by lettc
tried an
tlie nioi
Bkar
niake an
tlie nion
nioney v
^vas the
tlie lattc
Hu! cour
H\ il acti
i" justic
•sluiriffs
Iiave rec(
viction, a
"Ifthc
<»f the sta
f^iK'li is tl)
if I am 8<
man, I wi
LEFT-HANDED JUSTICE.
C45
Wright, was convicted, as cliar^ed in the indictment,
of highway robbery, and has since been sentenced to
fifteen years in tiie [wnitentiary, where he is now
lodged and boardetl at the expt^nse of tiie state.
" Immediately after his conviction, I applieil to the
county judge for mileage or traveling expenses, who
rofused to make any allowance for either. I then ap-
plied to th3 district attorney, who claimed thirty dol-
lars of the money in the sherift^s hands, as he Informed
me the law allowed it to him. I then applied to the
slicriff for the money taken from the prisoner, who
declined to pay out any of the money, except on the
order of the judge, as several parties claimed it, to
wit: The prisoner's attorney, the district attorney,
and myself. After the sentence of Wright, I applied
by letter to the county judge before whom he was
tried and convicted, for an order on the sheriff to pay
the money to me. His answer is as follows:
San Andkkas, May 1, 1877.
Miln Hnadlerj, Esq., San Francisco.
Dkar Sir: — I do not think the court entitled to
make any order directing the sheriff to }»ay over to you
the nioney taken from Wright. It was in proof that
money was taken from you by Wright. ]^ut that it
was the identical coin was not proved, and even in
the latter cas(^ would not have been under control of
tlu! court till after conviction. Your remedv was bv a
civil aetion for monevs had and received, tonnnenced
ill justice's court. By attaching tlu; coin in the
sluTitrs hands before the trial of Wright, you could
have recovered judgment against him u[)()n the con-
viction, and so received what the sheriff' held.
Yours, Respectfullv,
IRA H. REED.
" If the law, as practised in your country, is the law
of the state, it is time it was changed; and so long as
such is the practise under the law or against the law,
it' I am so unfortunate as to meet another highway-
nuui, I will settle the matter by a draft on sight or
! If
COURTS OP JUSTICE AND COUUT SCENES.
pocket the loss, and I advise my friends to pursue tlie
same course. As the money stolen from me has been
appropriated to defend and clotlic the prisoner, and
as I have been compelled to pay my own ex[>cnsos for
over nine hundred miles of travel, besides occupying
two weeks of my time, I may expect a bill from your
county for board and lodging of the prisoner, as also
the expenses incurred in sending him to the state
board-ht)Use.
Respectfully Yours,
MILO HOADLEY.
San Francisco, May 4, 1877."
A miner committed suicide on Feather river. A
coroner's jury, a new institution in these parts, was
empanelled, which after hearing and wei<;hing tlie
evidence, brought in a verdict that the dead man was
*' a damned fool."
Henry Lark, in 1854 justice of the peace at Ama-
dor, held court in the bar-room of the Magnolia wi-
loon, that being his favorite resort when not enjiaired
in trading horses. One day Jim Wall, the sheriH"
brought in an Irishman accused of stealing messes of
meat at different times from his neighbor's cabin.
The justice was deep in old sledge with the bar-
keeper, Pitts, for a dollar a side, being far too shrewd
to waste his time at any one-sided whisky game.
** Here, judge, give me your hand wliile you settle
this business," said the sheriff, approaching the table.
" Git, and don't bother me," responded his honor.
But recalling the dignity of his office as he raked in
the dollar at the end of the game, he arose, and giv-
ing the sheriff his seat, threw his leg over the adjoin-
ing table, and with his eye took in the prisoner.
" Well, what you got to say for yourself?" at length
demanded the judge.
" I beg," clearly and promptly fell from the lips of
the bar keeper,
CARDS IX COURT.
647
" I'll sec you clainiicd firat," respoiulo*] Wall.
"Sheritf, kt'e|) silence in the court," intei'iKisecl the
judge. Then turning to the prisoner, he begun again.
" Well, sir—"
Sheriff. 'Cut the kerds, barkecp."
Barkeeper. *' Run 'en»."
Prisoner. *' I was only borrowin' the mate, yer
honor," with a most winning smile.
Judge. "Why didn't—"
Barkeeper. "No you don't, Mr Wall; put your
little old jack on that ace, and no nigging "
Judge. "Either this court or that game nmst ad-
journ if you don't make less noise."
Barkeeper. "One moment, judge; count your
game, Wall."
Judge. " How much — "
Sheriff. "High, jack, game."
Judge. "Silence hi ctmrtl"
For a few moments the i)la3^ers were comparatively
quiet while the judge continued the examination. At
length the sheriff, again forgetting himself, cried t)ut,
"Six, and; ri[) ahead, old boss!" Tlus judge rose in
anger, but as he turned toward the players he saw the
king and ten of trunips in the bar-keeper's hand, and
the case was instantly forgotten.
" Wall, I'll bet you five dollars your beaten," ex-
clain»ed the judge.
" Done!" said the sheriff. "Come down with the
casji ; no fraud."
With cautious circumspection the point was played
for. The whole attention of the judge was absorbed
in the game. The sheriff won. Meanwhile the pris-
oner quietly withdrew.
"Fraud and cheating," cried the judge. "I fine
you both ten dollars for contempt of court," and so
concluded the trial.
.r\
Before the county court of Lake county, in 1865 I
think it was, D. J. McCarty was brought for whip-
IMAGE EVALUATION
TEST TARGET (MT-S)
1.0 !ffitt IM
I.I
1.25
1^
1.4
1.6
a
v^
*^
-f>
Hiotographi
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, N.Y. 14580
(716) 872-4503
-■^
\^-
\
\
;\
'^^
4i^
i^l%
%
xP
^
\
c^
648
COURTS OF JUSTICE AND COURT SCENES.
ping his wife. The case had provoked much scandal,
and the courtroom was crowded. The district attor-
ney', J. H. Thompson, had stated his case, and was
ready with his witnesses, when a question was raised
as to the admissibiUty of certain evidence. The at-
torney offered to produce authorities to sustain his
position, but as he was slow in finding them the judge
became impatient, and ruled the evidence out.
"The deuce you do 1" said the attorney, "I'll read
you the law, and bet you a thousand dollars I am right."
"Silence, sirl" cried the judge. "I'll commit you
for contempt of court."
"Commit and be damned!" said Thompson. "I
know my rights, and intend to maintain them."
" Sheriff 1 Criglerl" roared th3 infuriated judge,
"take Thompson to jail, and adjourn court for twenty-
four hours."
" Neither Crigler nor any other man shall take me
to jail," Thompson replied.
Crigler stepped forward to obey the mandate of
the court, but seeing that in Thouipson's air and atti-
tude significant of danger he hesitated. Meanwhile
Thompson went on with his authorities, artfully min-
gling apologies with his remarks to the bench until
the judge became pacified, and the trial proceeded.
In a justice's court, at one of the mountain towns of
Calaveras, a case came up involving the ownership of
a mining claim. The defendant was in possession.
But the plaintiff claimed that he could prove a prior
possession, and that the defendant had unjustly seized
and held with intent to defraud that to whicli he had
no right or title. The plaintiff was represented by
counsel, dressed in civilized fashion, the defendant
pleaded his own cause. Witnesses were called on
both sides, but their testimony was not of that kind
which gave the jury confidence in placing either party
in possession. After the comisel for the plaintiff had
spoken, tlie defendant arose.
A SERMOX ON LAWYERS.
649
"Gentlemen of the jury," said he. "I appear be-
fore you as my own counsel, a man of like passions
and liabiliaments with you, supported by the right-
eousness of my cause, and by an implicit confidence
in your sense of justice. My opponent lias sum-
moned to his aid a lawyer, attired in a Shanglut
coat, and pitted him against an humble but honest
miner. Gentlemen of tlie jury, is this proper; is it
right? I have always been led to believe that tlie
honest and intelligent miners of Calaveras would
resist to the death the introduction of Shangha
coats, and narrow-legged pantaloons. What tlien do
I see ? What is my surj)ri3e to behold in this com-
munity of hard-working, bearded, and woolen-shirted
men, fastened upon us like a black sheep, the thing
they call a gentleman; a learned man, a lawyer, a
shyster, one who 1 reeds broils, who lives by his wits,
a shaved man, a soft-handed man ; a monkey arrayed
in patent-leather boots, white sliirt, stand up collar,
and black coat and pants. Fellow citizens we want
no gentlemen or lawyers here. We are honest
miners, hard-working miners, and capable of taking
care of our own affairs, of makinyr our own laws, of
conductmg our own trials, and of doing our own
hanging. Are there among us any cut-throats,
this man is their friend; are there here any thieves,
or murderers, or claim-jumpers, this person will be
to them as a brother — for a consideration. He
it is who befriends the wicked, wlio assists those
wlio will not work, those who live like himself by
their wits. And as for my opponent, think you any
man with a just cause would employ such assistance?
No my fellow-citizens; such a course impcaclu^s your
intelligence, and brands him a renegade, an outlaw,
and places him witliout the pale of tlie rights of
humanity. I don't mean to appeal to your prejudices,
but I can and will prove my prior possession to the
claim in question."
Plaintiff, •« That's a lie 1"
1
650
COURTS OF JUSTICE AND COURT SCENES
Justice. " Fine the plaintiff ten dollars for con-
tempt of court."
Defendant. "Assertion is not proof, neither are
the bloatings of a black -coated hireling evidence;
and when the plaintiff accuses n)e of lying he insults
the majesty of the law, the sanctity of justice, and
the holiness of truth."
The jury retired to deliberate ; and on returning
into court the foreman took his seat as near as possi-
ble to the door. The verdict was then rendered that
neither of the claimants had proved possession, and
that the claim was vacant. Tlie mine was a rich
one, and if indeed it was now without a legal owner,
the first upon the ground could take it up and hold
it. Scarcely had the foreman delivered the verdict
when he made a rush for the door, followed by the
litigants, the lawyer, and the remainder of the jury,
The race was a hot one, several arriving on the spot
sinmltaneously, when a general melee set in for the
possession, which was finally settled by a game of
freeze-out poker.
Cut-eye Foster was Yreka's first alcame, and the
year of his reign was 1851. He departed, with un-
seendy speed it is said, and left no docket. George
C. Vail then assumed the duties of office, and no law-
book ever embarrassed justice in his court. Vail's
docket should be placed among the curiosities of
literature. In it the history of each case was fully
written.
The following incident found recorded in its pages
illustrates the wa\'s of justice within this precinct.
A lad came into court one day, a hard-working ojRn-
faced fellow, and complained that a certain man for
whom he had worked all winter, and had driven a
team from Oregon, had sold all his effects and was
about leaving the place without paying him. The
boy's appeai'ance added truth to his story. With
two constables Vail started after the man, and found
SISKH^OU.
651
him on the road with his back toward the town, mak-
ing the best time possible, arrested and brouglit
into court. He did not deny the boy's claim, but
affirmed that he had not the money to pav it.
"Constable," said Vail, "take that man and stand
him on his head ; then shake him well, and listen if
you can hear anythnig drop."
The prisoner was seized and the test applied ; when
from his pocket dropped a bag containing $2,000 in
gold dust, out of which was paid the boy's claim of
$300. The alcalde then atljudged himself and the
two constables one ounce each, and after weighing it
the bag of gold-dust was handed back to the man,
who was then permitted to take his departure.
Scott Bar, Siskiyou county, in 1851 aspired to the
dignity of possessing a justice of the peace. The
candidates were Bill Simmons and Buffalo John.
The friends of each were sanguine. Money flew,
whisky ran like water, and the excitement grew in-
tense. Buffalo John was the popular candidate, and
the boys elected him without a doubt; but the three
men on the board of canvassers were pecuniarily in-
terested in the election of Sinnnons. Their only
hope of ever getthig certain money which he owed
them was by making him a justice, so they declared
him elected. Their plea was that BufRilo John had
such a habit of opening his mouth every time he
crooked his elbow as would disqualify him from wear-
ing the ermine. An attempt was made to contest the
election, but the decision of the board was unchange-
able, and Bill was installed, and contirmod to g(^t
deeper and deeper in debt to his old friends until
1859, when he rolled up his blankets and departed
for parts unknown.
A Truckee jury had been out four hours when tlie
judge sent the sheriff to ascertain if they had found
a verdict. As he approached the room the sheriff
p hi
lii (■(■■■
i • * ii I
652
COURTS OF JUSTICE AND COURT SCEXES.
hearing a great commotion stopped to listen. Tlien
he called tlie judge, who had first an ear and then an
eye to the key-hole. The tableau wliich presented
itself should be engraved and hung in every court-
room where jury trials obtain.
In tlie middle of the room was a table on which
stood a demijohn of whisky, a pall of water, and
half a dozen glasses. There was much condensed
comfort in the demijohn, as was evident from tlie
attitude of the already hilarious twelve, who were
marching in single file round the table. P^irst was
a man with a huge base drum upon his back, followed
by the foreman pounding it with all his might. The
third was a snare-drummer, and the fourth a juror
with a shrill whistle in imitation of a fife. The rest
were singing.
Suddenly the sheriff opened the door and the oflH-
cials stood before them.
"Hello, judge," hiccuped the foreman. "We
couldn't agree nohow, so we thought we would put in
the time social like s' long as we were a congenial
company."
William Blackburn was an alcalde at Santa Cruz
in 1847 and 1848. As an illustration of his unique
decisions, the story is told of a native Callfornian
who quarrel(id with a countryman, and being defeated
in tlie contest, revenged himr«elf by shaving the
mane of his antagonist's horse. The case was brought
before the judge for trial ; the horse was present as a
co!ivincing witness, and a crowd thronged the court-
house with curiosity to hear the judge's decision.
After a deliberate examination of the witnesses, the
malicious Californian was sentenced to receive pun-
ishment in conformity with holy writ, which demanded
an eye for an eye and a tooth for a tooth. "Lead
out the prisoner and let his mane be shaved in like
manner as he served the horse," was the sentence, and
its immediate execution afforded intense amusemeut
to tl
saddl
so tl
mane
wouk
his aj
tion o
then I
emplo
VVh
fornia
iastau'
one of
a supe
daj's, I
great
fiery 1
^Santa
^\^^s pi
all ni<>
wj)en 1
his lies
tlie un;
One
f harnfO)
pcarceh
numbej
genial j
gJorioui
twixt a
to go i
fatnona
unstabL
of a ha
control
so that
ill speec
heroes.
BRONA'N, OF SANTA CRUZ.
JBft
to the spectators. The judge then ordered that a
saddle should he stuffed with the hair of the prisoner,
so that justice might ride triumphantly upon the
mane of vice. It was expected that the alcaUlos
would send their decisions to the governor and await
his ajjproval, but Blackburn, to secure speedy execu-
tion of justice, usually carried out his sentence first, and
then reported to gubernatorial power. The only book
employed in this court was a New York directory.
When the early administration of justice in Cali-
fornia swelled from the alcalde's courts of the first
instance, Santa Cruz becoming ambitious organized
one of these superior tribunals, and a])}»(;int(d over it
a superior judge. As all good jurists drank in those
days, and as tlie legal learning of a judge was to a
great extent measured by his capacity for carrying
fiery liquids, by this measuren-iCnt Judge Brown (f
Santa Cruz was a most able man. The depth of him
w.is profound. Late into the night, and oftentimes
al) night, saw him at his mellownig devotions; and
M iien next morning he took his seat upon the bench
his head was seemingly so enlarged as to encompass
tlie universe with all its whirling worlds.
One morning a Spaniard was brought before him
cliariied with stealiny: a horse. The iudije was
?::< arcely himself that day ; his facuuies seemed be-
numbed, lukewarm, dissolved in spate, neither in the
genial glow of original potations, nor yet in a state of
glorious insensibility. He was, as he would say, be-
twixt and between ; too good to go to hell, too bad
to go to heaven, and fit only to swell the limhits
fituonim of paradisiacal fo(»ls. At such times the
unstable consciousness his mind could grasp was not
of a happy kind ; on the contrary while having least
control of himself lie was most self-willed and savage,
so that on this morning he was almost as boastful
in speech and as merciless in heart as any of Honker's
heroes.
; f r
v*!
1! k
Ml
COURTS OF JUSTICE AND COURT SCENES.
Only a few days before, the judge himself had lost
a valuable horse, stolen from a vacant lot adjacent to
his house, which circumstance tended in no wise
toward the restoration of equanimity or general amia-
bility oi' the magistrate on the morning nicntionod.
The prisoner was a hard-featured, wicked-eyed man,
whose appearance to the dimmed vision and cloudy
brain of the judge now seemed absolutely hideous.
Unfortunately, the two ideas of his stolen horse and
the liorse-thief here present came together, and went
bobbing and circling through his brain, until joining
in weird embrace, the pitching of the pair over some
precipice into stygian shades awoke the judge with a
start, and lighted for a moment his eye with dire in-
telligence.
"Pedro Castro, stand up! I believe you are the
damned scoundrel who stole my horse. The sentence
of the court is that before the sun shall set you shall bo
hanged by the neck until you are dead, de-ad, d-e-a-tl."
" But, your honor," savs the district attorney, "the
man has not been tried.'
" Sit down, sir I This court knows its business, and
wants none of your interference. Mr Sheritf, see the
judgment executed immediately; this court stands
adjourned."
All present were astounded, but all knew too well
the temper of the judge to trifle with him in his pros-
ent humor ; so the condemned was removed to prison
while the judge went home and tucked himself in bed,
witii a bottle of his favorite fluid within reach, and
soon was snoring soundly.
The officers of the court were in a dilemma. As a
matter of course, the immediate execution of the
prisonor was not to be thought of, b xt how to meet
the anger of the judge when he shoui 1 have learned
that his order had been disobeyed ? After much dis-
cussion it was finally agreed that the clerk should
enter judgment in the records, and the sheriff* make
return that he had executed the prisoner.
EXECUnOX AND TRIAL.
IBS
Next mcrning the judge awoke feeling unusually
well. There are epochs in the experience of a drunk-
ard when the opaque mists hefogging the mind van-
ish, and the return of nitelligence opens transparent
as an arctic sky in midwinter, and this, too, hn medi-
ately following a series of debauches. So shone the
transplendent discrimination of the Santa Cruz judge
as he smilingly took his seat upon the bench next
morning sober. The courtroom was neath' appointed.
Before the judgment desk sat the busy clerk writing ;
every officer was in his place, attentive, while the un-
covered spectators, awe-inspired of ignorance, stood
with under-jaw dropped on their breast, or si)eaking
one with another in low whispers. Glancing over the
calendar, the judge called the case of The People ver-
sus Pedro Castro.
" Your honor," respectfully replied the sheriff, "the
man has been hanged."
" Hanged 1 " exclaimed the judge, as forebodings of
something fearfully wrong crept over him, " I do not
understand you, sir ; there has been no trial yet."
"No, your honor," said the clerk, "but yesterday,
you will remember, your honor waived trial, sentenced
the defendant, and peremptorily ordered thesherifl'to
carry the sentence into immediate execution."
"Hanged, did you sa}''?" meditatively remarked
tlie judge as the situation gradually dawned upon him,
" well, never mind, let the trial proceed mine pro hinc.
All orders and judgments of this court must be justified
by due legal proceedings, and if the sheriff' has so far
erred in his understanding of the court as to lead to
the commission of an unhappy blunder, the court will
harbor no anger on that account, but will endeavor,
so far as strict probity will admit, to reconcile the acts
of the officers with the rulings of the court."
The sheriff thus mildly admonished then brought
before the judge, whose learned complacency once more
fully possessed him. the prisoner, who after a sober
but speedy trial was duly condenuied and executed.
4
1
i
COURTS OF JUSTICE ANP COURT SCENES.
The bcncli and b.ar of San Jose from the first num-
bered as many able jurists as might be found in any
thriving town of equal size in America. To the more
refined gravity of sedate societies their manner might
seem a little coarse, and their expletives irreverent,
but their law, and the practical application of it, could
not be questioned. The court of scssioLs of San Jose,
in 1850, as then organized, exercised jurisdiction in
criminal cases of the hiijhest degree. Judyre Rogers
was a large, broad-featured, big-mouthed, Johnsonian
sort of man, able, profane, and almost brutal in his
vulgarity, yet withal, beh)W the superficial asperities
of his nature, genial and sympathetic.
One day It became his painful duty to sentence a
[Mexican who had been tried before him to death.
The prisoner did not speak English, and the judge
deemed it proper that the sentence, as delivered,
should be done into Spanish. The clerk of the court
being competent was asked to act as interpreter, but
as he was a man of shrinking sensibilities, he expressed
abhorrence at the thought of being the medium of
communicating the death intelligence to a human be-
ing. There are moods in the temper ot strong men
in which impediment only excites determination. All
early Californians had a smattering of Spanish. When
the clerk declined the office of translator, with a big
round oath Judge Rogers swore he would make the
man understand.
" You, sir, get up I levantate 1 arriba 1 Sabe ? You
been tried; tried by jury; damn you! sabe? You
have been found — what the devil's the Spanish for
guilty ? Never mind — sabe ? You have been found
guilty, and you are going to be hanged ; sabe ?
Hanged ? Entiende ? "
The Mexican was as courageous as the judge was
coarse. Evidently he did understand, for with the
characteristic nonchalance of his race, he replied, il-
lustrating by signs and gurglings the hanging and
choking process :
HARDIHOOD
657
"Si, seiior, debo ser colgado con chicote ; ahorcado
asi ; no es nada ; jj^racias li Yd." " Yes, sir, I am to
be hanged at a rope's end ; strangled, so ; it is nothing ;
thank you."
Cal. Int. Poc. 42
9 ; i
%\
m
CHAPTER XXII.
DRINKING.
Over wide streams and mountains great we went
Anil, Have when Bacchus kept his ivy-tent,
Onwani the tiger ami tiio leopard pants
With Auian elephantj:
We follow Bacclius! Bacchus on the wing
A-conquering!
Bacchus, young Bacchus! good or ill betide
We dance l>efr»re him through kingdoms wide
Come hither, lady fair, and joined
To our wild minstrelsy.
— Keiita' Emlymion.
A NOT unfitting opening for some reflections on life
would be a dissertation on death. Were there no
death the term life would have no sii^nificance.
Did we not love life we should not fear death. How-
ever full of hateful conditions earthly existence may
be, all thii js having life, man, animals, plants, cling
to it ; the uncertainties of death are more dreaded
than the certain ills of life. Then, too, life is exist-
ence, being ; a dead thing is nothing, having no ex-
istence, no being.
Yet further, life feeds on death ; life lives on deatli ;
by the destruction of life alone is life sustained ; were
there no death, under the present economy of things,
there could be no life, no continuinsj state of exist-
ence. Death is the grand and universal interatance
of life ; the infant's first breath is the breath of the
dying. The whole scheme of animated nature througli-
out the planet, concocted and put in running order by
a so-called beneficent creator, involves the consumma-
r (658)
tion
man
suwtij
toth
sunie
one L
small
the Ji
Is the
versa]
is livii
ergo, j
such tj
Tiie
Japan ;
would i
arrow f
'lia wh(
wis(? is
plexy, i
always,
f'rinkint
death is
make a
to-iiiorr(
Whet
is not w
'^'^ cann(
t\\Q ques
nover ha
of lias ev
us, we m
f"r n)ore
^vo will
S'Hse, th£
*''<''r satii.
f^'ftion of
'"^'e, and V
Contented
DEATH AND THE DRAM-SHOP.
659
tion of a hundred deaths to maintain one life. Ho'^v
lUJiiiy lives of birds and beasts and fishes are taken to
sustain the life of one human being from the cradle
to the grave ? How many fishes does a whale con-
sume during its lifetime ; how many small fishes will
one large fish eat; how many smaller fishes will a
small fish eat ; how many lives does it take to sustain
tlie life of the tiniest hisect the eye can distinguish ?
Is then death so terrible, behig so beneficial, so uni-
versal ? For all that lives is dying ; all that to-day
is living, to-morrow is dead ; all that is living is dying,
ergo, living is not living but dying, and there is no
such thing as life, all nature bcin ^ either dead or dying.
The dead willow is the symbol < )f decay and death in
Japan ; in California if such a symbol was required we
would take a dram-shop. 1 , ancient tiuies it was the
arrow of Apollo that brought sudden death ; in Califor-
nia when a man drops dead upon llie street, or other-
wis(i is taken oft" suddenly, Ave call it heart disease, apo-
l)lexy, the result of high living, usually, though not
always, meaning — rum. And men are called ff>olg for
drinking themselves to death, when we have just seen
death is essential to life, is inevitable to all, does not
make a pin's difference whether it comes to-day or
to-morrow — particularly to-morrow.
Whether we like the idea of death or dislike it, it
is not wise greatly to trouble ourselves ab(iut it, as
■ve cannot long delay it by any such means. As in
tlie question of life or no life beyond the grave, as it
never has been determined, as no one that we know
of has ever come back from beyond the grave to tell
us, we mi^ht as well cease thinking about it, and wait
for more light — ^this being what we must do whether
we will or not. Those who through some seventh
sense, that not every one possesses, have been told to
their satisfaction, and can themselves tell to the satis-
faction of a hundred houses full, what life and death
are, and what the strte of affairs beyond, should rest
contented; even if, atcer expecting a future existence,
\ I
DRINKING.
thoy wake up in the next world and find it not so,
tiiat is if they find anything.
Man is the only beast that drinks to make himself
drunk. In this he is more beastly than any other
beast, and yet he has the impudence to employ a term
beneath any which may be applied to himself in order
to emphasize a vice too low for any created thing but
himself to indulge in. I hold it groat injustice to
beasts for man to call his own base indulgences beastl}-,
Buasts are less beastly than men. It would be nearer
right for beasts to charge the more excessively dis-
gusting of their practices humanly, for beasts are not
denaturalized by their ppssions like men. And along
with drunkenness, and the necessit}'^ of establishing
laws under which to liv^e, place the faculties of speech
and abstraction, the one used to no small extent in
lying and swearing, and the other in cheating and
ovcrreachinij, and we have before us all the tanuible
differences between human and animal societies.
The word whisky is from the Gaelic ooshk'-a-pai,
which signifies "water of health." Usquebaugli,
Irish, nistje -a-hagh, also the French cau dc vie may be
rendered "water of life." The whisky taken to the
mhies, however much water there may have been in
it, was neither "of health" nor "of life." The truth
is, if anything could breed distemper, disease, and
death it was this same strychnine whisky. In regard
+f^ '.vaU-r, too often it was like Father Tom's puncli
brewed in the parlor of the Vatican — conspicuous for
its absence. "Put in the sperits first," said he to the
pope, "and then put in the sugar; and remendxr,
every dhrop ov wather you put in after that spoils tliu
punch."
Satan once presented himself before Noah, if \vc
may credit the Tahnud, to drink wine with him. T!,o
devil in <'his instance must have been teachinor mor;il-
ity, for to show the patriarch the several effects of
W'ne in vari(jus quantities, he slew a lamb, a lion, a
drinki
kings.
made ;
the S
hangin
and tJi
There
away
wJio
"obbed
who W(
utterly
bowed
WJioiii
Jiieinor)
many
tbomsol
tlicy th,
TJien tJi
HANDY HAPPINESS.
661
pig, and an ape, the first being emblematic of man
before drink, the second of the effect of wine in mod-
eration, the third tiie condition of a sot, and the fourth
the senseless chatterings of the imbecile drunk.
In Greek carousals one of the first things to be
considered was whether it should be optional or com-
pulsory as to the quantity each should drink.
Intemperance is treated as a vice in one of its phases
only. The drunkard, so runs the tone of society, is
an immoral beast, whom to scorn and sliun is Christian
and praiseworthy. Yet wine in moderation is a bless-
ing, and not a curse. So arsenic and strychnine have
their uses, otherwise it was a mistake of the creator
to have made them.
Like everything else, drinking took on its own form
iji California. From a drinking-shop arose, outside
Sebastopol, the fortified town and famous tower of
Malakotf, which in the Crimean war was the cause
of so much annoyance to the allied army, from a
drinking-shop arose in San Francisco a race of bonanza
kings.
Men steeped their souls in drink. Anything was
made a pretext — the arrival of news, the 4th of July,
the Sunday festivities, the death of a comrade, a
hanging scrape, or simply being seized with thirst,
and the whole camp would be taken suddenly drunk.
There were always those about bar-rooms putting
away for years apparently upon the same cigar, and
who were never entirely sober, and who hob-
nobbed, chinked glasses, and drank tete-a-tete with all
who would pay the sct)re. Then there were thousands
utterly alone in this wilderness of civilized wild men,
bowed down to the earth bv their misfortunes, to
wliom forgetfulness obliterating woes was better than
memory to keep alive the good, and this forgetfulness
many would have at any cost. They would drink
themselves into a state of most unbeastly intoxicaticm;
they then would go to cind drink themselves sober.
Then there was the coming out of it, the hardest of
662
DRINKING.
all, the blues, the shakes, the shame of it all ; but out
of it they must come or die, and that no one feels
more keenly than the drunken man himself.
Rum they found not less potent in its cure of dis-
appointment, melancholy, and heart-aches than the
nepenthes of Helen, that draught divine which lifted
the soul above all ills. Their breath was almost as foul
as that of Macamut the Sultan of Cambava who, if wo
may believe Purchas, lived on poison, and became so
saturated with it that his touch or breath caused
instant death.
Sometimes half the members of a mining camp
would fall into the habit of periodical sprees which
would last usually from two to three days. A
stranger once arriving at Rich Bar on Feather river
about three o'clock in the morning, dismounted from
his mule before a hotel grocery, being led thither by
the glimmering of a light. A sound of revelry was
heard within, but as all the other houses of the place
was wrapped in darkness the stranger made bold to
enter and inquire concerning accommodations for him-
self and beast. After arranging his affairs for the
night, or rather for the rest of the morning, he re-
marked casually to the keeper : '
" It strikes me your customers are rather late
to-night."
" Oh 1 no, stranger," replied the landlord, " the boys
of Rich Bar generally run for forty-eight hours.
It's a little late this n?orning perhaps for night before
last, but for last night, why bless you, it's only just
in the shank of the evening 1 "
Time was when in our now staid and solemn-visaged
communities everybody drank, everybody sometimes
drank too much. They were measured by the number
of bottles they could carry, and the always-sober man
was a rarity. If appetite flagged thirst was excited hy
condiments. Drink was dealt out in horns and pointed-
bottom cups that would not stand so that the drinker
must finish the draft before laying down the cup.
T
to SJ
and
Win
ica, i
chiei
drinl
less (
a fri:
HasI
tinue
Sp
to dr
there
than ]
Lit
day a<
body J
enterti
freely,
to exc(
Doc
than oi
to win
decent
were m
you pr
bottle c
gone oi
smoke
eyes, ai
us. Y(
quires s
from tc
Juan has
i»g with
Thus
all over
god Dioi
THE SCIENCE OF INTOXICATIOK.
663
The weak, the weary, the beaten in life's battle,
to say nothing of the lazy and profligate of all ages
and climes, seem to crave stimulation or stupefaction.
"Wine, spirits, beer, and tobacco in Europe and Amer-
ica, hasheesh in Egypt, and opium in China are the
chief indulgences, but there are multitudes of minor
drinks such as Indian hemp and Aztec pulque of no
less deadly intoxicating virtues. All these prevail to
a frightful extent and constitute the national vice.
Haslieesh first elates and then depresses, and con-
tinued indulgence results in idiocy or death.
Speaking to Bos well of one who urged his quests
to drink immoderately at table Johnson said ** Sir,
there is no more reason for your drinking with him,
than his being sober with you."
Little Pope drank his bottle of burgundy every
day at dinner, thus warming his diminutive dried-up
body into that comfort which made itself known by
entertaining gaiety. Sir Joshua Reynolds drank
freely, and greatly enjoyed it, but he seldom indulged
to excess.
Doctor Johnson observed that "our drinking less
than our ancestors was owing to the change from ale
to wine." "I remember," said he, "when all the
decent people in Liclifield got drunk every night, and
were not the worse thought of. Ale was cheap, so
you pressed strongly. When a man nmst bring a
bottle of wine, he is not in such haste. Smoking has
gone out. To be sure, it is a shocking thing, blowing-
smoke out of our mouths into other people's mouths,
eyes, and noses, and having the same thhig done to
us. Yet I cannot account why a thing wliich re-
quires so little exertion, and yet preserves the mind
from total vacuity, should have gone out. Ever)'
man has something by which he calms himself; beat-
ing with his feet, or so."
Thus it was that all along the foothills, and indeed,
all over California, coequal with Plutus reigned the
god Dionysius, sometimes one and sometimes the other
664
DRINKING.
having for the moment the supremacy. All nature
here was filled to overflowing with that intoxicatinsj:
• • •
power which carries men onward m their wild career
to happy success or soul-crushing destruction. Here
so often they might with the Cyclops sing,
"Ha! hal I am full of wine,
Heavy with the joy divine."
Thousands every day were as drunk as birds of para-
dise — so drunk that ants might eat their legs off.
There have never been lacking those who in a
breath would solve all social riddles, and eradicate all
social evils. There are temperance fanatics as well as
religious and political fanatics, and anti-slavery, anti-
tobacco, and anti-tea-and-coffee fanatics. It is not by
grinding still deeper in the mire the unfortunate and
vicious that gambling and prostitution are eradicated.
"The California wines are a disappointment and a
failure," says Dr Holland rejoicingly. " They are not
popular wines, and we congratulate the country that
they never can be." This is not only untrue, but it is
both a wicked and a silly sentiment.
Lecky perceives a remedy in the use of tea, coflee,
and chocolate, which checks "tJie boisterous revels
that had once been universal, and raising woman to a
new position in the domestic circle, they have contrib-
uted very largely to refine manners, to introduce a
new order of tastes, and to soften and improve tlie
character of men."
The Norsemen taught the English to dismiss their
ladies from their drinking-paiiies ; the Vikings fol-
lowed the same custom.
The custom of pledging in wine arose during the
tenth century, when it was considered a necessity for
a person, while drinking, to have some one to watcli,
lest he should be killed by some enemy or strangor
during the act.
In drinking to their lady-loves, the Romans used to
take a glass for every letter of the name ; spelling with
beer-glasses, Hudibras called the custom.
and
him
men,
brandj'
niost
Soonest
At ano
with
wlion
drunk;
drunk
a man \
a man
in inch
ANCIEXT AND MODERN CUSTOMS.
COo
Of a truth, they played well the Greek in their
cups. E pithi e apithi! QuafF, or be oft" I Cut in, or
cut out 1 Or in the language of our time, to pro-
mote hilarity it was the rule that every man should
tell a story, sing a song, or treat the crowd.
The drinking customs of California were peculiar, as
I have said, but not all the drinking and drunkenness
of this world has been confined to California. " I was
afraid he might have urged drinking," says Boswell of
Johnson, "as I believe he used formerly to do, but
lie drank port and water out of a large glass himself,
and let us do as we pleased. . . . After supper Dr
JoJmson told us that Isaac Hawkins Browne drank
freely for thirty years, and that he wrote his poem,
Dg Animi Immortalitate, in some of the last of these
years. I listened to this with the eagerness of one
who, conscious of being himself fond of wine, is glad
to hear that a man of so much genius and good think-
ing as Browne had the same propensity." Again :
" I reminded him how heartily he and I used to drink
wine together when we were first acquainted, and liow
I used to have a headache after sitting up with him.
He did not like to have this recalled, or perhaps think-
ing that I boasted improperly."
Jolinson expressed great contempt for claret, say-
ing, "a man would be drowned by it before it made
hhn drunk. Claret is the liquor for boys, port for
men, but he who aspires to be a hero nmst drink
brandy. In the first place, the flavor of brandy is
most grateful to tlie palate, and then brandy will do
soonest for a man what drinking can do for liiui."
At anothc" time he said, " Drinking may be practised
with great prudence ; a man who exposes himself
wlien he is intoxicated has not the art of getting
drunk; a sober man who happens occasionally to get
(h'unk readily enough goes into anew company, whicli
a man who has been drinking should never do. Such
a man will undertake anj'thing. He is without skill
in inebriation. I used to slink home when I had
DRINKING.
drunk too much. A man accustomed to self-exami-
nation will be conscious when he is drunk, thouf^h an
habitual drunkard will not be conscious of it. I knew
a physician who for tv/enty years was not sober."
In the cities and towns there was a noticeable ab-
sence of homes. Stores, saloons, restaurants, board-
ing-houses, and hotels made a metropolis, and to this
day the habits of herding then contracted hang upon
the people. In 1849 almost every house and tent,
public and private, received lodgers for pay. A regu-
lar lodjiintj-house consisted of one room, with shelf-like
bunks ranged round the sides, each of which held a
straw mattress reeking with filth and vermin, and a
pair of musty blankets. Cots occupied the centre of
the room, and sleeping-places were chalked out on the
floor, where, after the beds were filled, others might
stretch themselves in their own blankets at a dollar a
night. Merchants slept in their offices, with then-
employes scattered about the premises on counters,
benches, tables, trunks, boxes, or bunks. Cooking
was also done in many places of business. Then eat-
ing-houses arose of every grade, from the Chinese
chow-chow to the Montgomery street saloon where,
in 1854, a hundred attaches waited on three thousand
hungry applicants daily.
The so-called hotels which sprang up in the mining
camps were usually built of rough boards, being of
one story, with a common sleeping-room, or of two
stories with separate apartments above. The front
door opened into the bar-room, which was also ofiire
and billiard and gambling saloon. There execrable
wine and spirits were sold at twenty-five or fifty cents
a glass to the filthiest scum of human kind that ever
congregated to eat, drink, smoke, chew, spit, gamble,
shoot, stab, and blaspheme. Adjoining was the dining-
room, where, on a long clothless table, flanked by
wooden benches, beefsteak, beans, boiled potatocp,
dried-apple sauce, dusky bread, pickles, and molasses,
ing,
gong
PLUSH TIMKS HOTELS.
667
are served to miners, teamsters, traders, gamblers,
and politicians, who sit down together, the washed
and the unwashed, without regard to quality or caste.
On the same bench may be seated a clergyman, a
Sydney convict, an Oxford graduate, a New York
blackleg, and the professional drunkard of the town.
Sometimes for bunks canvas was stretched over
wooden frames ; a hay pillow and a pair of blankets
comprised the bed. Fifty or a hundred of these
berths were sometimes constructed in one room ; each
was numbered, and on signifying his wish to retire,
the traveller, on payment of a dollar to the hotel-
keeper, might hunt out his place, and without undress-
ing, deposit his bag of gold-dust and revolver under
his pillow, and go to sleep — if the fleas would let him.
Outside the door stands a barrel of water, and on as
many kegs three or four tin basins with a chunk of
washing-soap convenient, where morning ablutions
may be made. Against the house hangs a piece of
looking-glass, and a well-worn brush and comb are
conveniently fastened to a chain or string. After a
wash and a gin cocktail, the boarder is ready for his
breakfast, which is despatched with marvellous rapid-
ity. At meal times, if business is brisk, the bell or
gong does not fail to create a stampede toward the
dining-room door ; a rush is made for seats, and tlie
disappointed retire and wait for the next sitthig. In
the evening: all coni^reijcate in the bar-room, liorht
their pipes, lift up their obscene voices in boisterous
jokes, and strut about ready to give " particular hell"
to any who dare question the rights of liberty -loving
American citizens to do as they please.
Stores also had their bars, where, beside the sale
of calico, canvas, clothing, hardware, canned fruits and
meats, sugar, flour, bacon, and tobacco, the dice were
tlirown, quarters flipped, or a game of cards plaj-ed
for the drinks. For this purpose a table and chairs
were provided, where cans might be opened and oys-
ters eaten.
DRINKING.
The restaurant is a prominent feature in the feetling
economy of the country. The best are kept by for-
eigners, Germans, French, Itahans; American res-
taurants are invariably second, third, or fourth rate.
The typical American can keep a hotel such as no
foreigner may liope to equal, but when it comes to
restaurant-feeding, the tables are turned. The cause
may be traced to the facts that the American hotel is
an American institution, while the restaurant is as
fully European.
In 1854 a Parisian rotisseric was set up on Kearny
street, where fish, flesh,, and fowl for the millit)n might
be roasted. In the fire-place, beneath a chinmey six
fe'^t wide, and resting; on an iron <j:ratini;, was a louij
fire of wood, parallel to which, and about eight inches
from it in front, were three iron rods, with numerous
prongs upon which to hang meat to be roasted, and
wheels rigged to turn it so as to cook it equally on
every side. Meat and game to be roasted might be
purchased there or elsewliere, or it might be bouglit
there ready cooked, but it had to be taken away as
soon as ready, for eating on the premises was not per-
mitted. Half a dollar was charged for roasting a duck
or chicken, and no frying, boiling, or broiling was
done — nothing but roasting, and that for a specific
consideration. Thus was the division of labor in this
cosmopolitan city applied to the laudable art of cookery.
Bar-room boarders formed a class peculiar to the
countr3\ They niight be seen lounging about tJio
court-house, the hotels, and the saloons without occu-
pation or visible means of support. They were fat,
sleek, well-dressed, with independent mien, with gold
and silver jingling in their pockets, and contentment
smiling in their faces. They were never known to
work; how then did they live? I see one with a
gold-headed cane in well- fitting beaver coat and pants,
with a glossy silk hat, pluming his well kept nmstaolie
and whiskers in front of a first-class boot-black estalt-
lishment where an extra polish had just been given to
and
SEVEN TIMES ONE ARE SEVEN.
6Cd
his rcd-toppcd boots. A licavy-caserl watch — was it
gold? — which ho drew from his pocket told him it was
tt'U o'clock: a brother bummer came sauntonny; aloiiLj
the street, sidled U[) to him with scarcely a percep-
table simi of rccoofnition, and bewail a conversation
remarkable for its fewness of words. As amoiiy:
beasts and lovers in the simple presence of each other
there was a nmte understajiding untranslatable into
the vuk^ar tongue. Presently they turned and walked
awjiv, under the guidanceof their particular providence.
The system of free lunches has not been wholly free
from abuses. While it was a point of lionor in pat-
rons neither to eat nor drink too nmch, often there
were those so carried away by the eflcct of the
savory viands on their unruly appetites, that the
proprietors lost money by their i)atronage. In
Novcnd)er 1854 a movement was made by some fifty
or si/ty fashionable saloon-kee})ers in San Francisco
to al olish this original, yet honored institution ;
but S(s firm was fhe hold upon the popular stomach,
that it was found to be impracticable. It was esti-
mated that at least five thousand persons were directly
interested in the movement, aiid dependent on the
result for their daily refreshments. The connnittee
reported in favor of abolishing the free lunch system,
but the proprietors failed to adopt it, and the custom
was indefinitely continued.
The hotel system of 1849 reached a state of per-
fection under the auspices of a certain shrewd genius
of Sacramento. In those days whisky as a means of
warmth was more plentiful and profitable to inn-
keepers than blankets. One landlord had in his bar-
room seven bunks, one over another, made of flour
and coffee sacks stretched between two horizontal
poles fastened to posts, forming an uncomfortable
hollow just wide enough for a medium-sized man to
droj) into. For these seven bunks there were but one
])air of blankets, and liow to satisfy seven custonu>rs,
and get pay for suveu bcda with but one l)air of
i
|! I
in
DRINKING.
blankets was the question. But the genius of the
landlord was equal to the emergency. The niglits
were wet and cold, and naturally enough as the boys
came in from their supper they sat down to play for
the whisky before going to bed. The liquor was
strong, the drafts upon it copious, and in due time
one after another beginning to feel its comforting and
somnolent effects would ask for a bed. The afiable
and ready landlord promised to accommodate them
all if they would be quiet and take their turns. Con-
ducting the first applicant to the bunk-side of the
room which was shielded from view by barrels and
boxes, he assisted him into the topmost berth and
covered him nicely with the blankets. Then waiting
until the man was fast asleep he removed from him
the blankets, and spreading them in another berth
called for the next, and so on until all were put to
bed and asleep. Then taking the blankets from the
bed of the last customer, the landlord rolled himself
comfortably in them, threw himself upon the floor,
and slept soundly until morning.
The first man awakes shivering with cold; the
effects of the fiery fluid have passed away, and the
blankets are gone. "Who. has stolen my blankets,"
he growls. This wakens the next who also finds
himself uncovered, and the next, until all are up and
on the floor cursing in unison the thief. Soon the
landlord makes one of the party, and mourns the loss
of his blankets. " Well 1 I must get out of this,"
says the first. " Landlord, how much is to pay ? "
"Two dollars." "Two dollars 1" isn't that rather
tall for sleeping on two poles ? " " It is only a dollar
a pole," replied the landlord, "and I think it very
cheap; besides I have lost seven pairs of blankets
which you ought to pay for, so you should be satis-
fied." Fearing if they further demurred they would
have the blankets to pa}- for, each paid his two dollars
and withdrew, while the landlord made up his beds
for the next night.
. w
was (
of A
and y
in po
befon
uuitec
iiiima
iforiiii
first 8(
of the
excliai
Son
i'lg his
before
tJie pic
niay U
wJiich I
withoui
pliemes
The cu
dates b
the eai
i;^iigiou
si II Of s:
the ear
moon tl;
Hebrew
the lion
and Clu
drink y(
to majcs
ries of
Were ceh
feature.
tloes not
hcaltli
you to
ijf the m
n
ORIGIN OF HEALTH POTATIONS.
m
* Wine, women, and the gods comprehended all that
was divine among the ancients. After the discovery
of America, however, the settlers becoming godless,
and yet not willing to be behind their primogenitors
in point of felicities, substituted tobacco, and never
before did wine, women, and tobacco, severally and
unitedly, lend their charms to solace and derange
humanity as in the case of mammon-martyrs of Cali-
ifornia. The last was considered a necessity, and the
first soon became the cordial of success, the consoler
of the unfortunate, and the medium of courteous
exchanges.
Some of man's distinguishing characteristics, show-
ing )iis great superiority and true nobility of soul,
before intimated, lies in the creation of appetites for
the pleasure their gratification gives; apj)etites which
may be renewed, not satisfied by the indulgence, but
which grow from what they fed on. He alone eats
without hunger, drinks without thirst, smokes, blas-
phemes, seeking for body and mind new sensations.
The custom of drinking healths and rememberance
dates back to periods of the remotest antiquity. In
the earliest ages as at the present time it was a
i^ligious as well as a social ceremonial. As Anacreon
sings: "Does not the earth drink the waves, the tree
the earth, the sea the air, the sun the sea, and the
moon the sun ? Then why should I not drink ?" The
Hebrews had their drink offerinjis, the Greeks and
the Romans poured out their libations to the gods,
and Christians to this day observe the conunand,
drink ye all of it. From these beginnings drinking
to majesty naturally followed; the health and victo-
ries of Augustus were drcank in Rome; and feasts
were celebrated in which drunkenness was the chief
feature. The Greek proverb adopted by the Romans
does not, however, say, I drink in order that your
health may be improved or preserved, but I invite
you to drink by drinking myself. It was the fame
of the mistress rather than her health that was to be
■ ■■'■
072
DRINKING.
Eromotcd by the ceremony. A piece of toasted
read was thrown into a tankard of ale, and toast-
drinking followed. The custom grew in favor; men
a>id women were glad of any excuse for indulging the
gnnving appetite, so that finally health-drinking fell
into general observance. Healths were drank to form
or cement friendships, to bind a bargain, to the honor
of those who came and went, to the memory of the de-
parted — though health-drinking to the dead was, in-
deed, carrying the custom to an absurdity. Under
its auspices war was declared, and peace ratified,
sworn enemies became friends, and friends enemies.
Senthnent being thus mingled with drink, the rever-
ence and love expressed were in proportion to the
quantity of liquor quaffed ; this as well as the sup-
posed mark of manliness in being able to stand up
under large potations made excessive drinking fash-
ionable. He whose pliysical strength should longest
endure while the mental and moral faculties were
undergoing debasement was the best fellow ; but this
sad merit is now restricted in its recognition to brain-
less boys and silly men. -^sop, the slave, waiting at
table, marked the effects of excessive wine-drinking
in three stages ; first voluptuousness, second, drunk-
enness, and third, fury.
That liquor-drinking should have been carried to
excess in Calift)rnia is not to be wondered at. The
temptations were strong. Some who blame as sense-
less folly this species of suicide may or may not have
done better under similar conditions; with different
mental, morl, and physical organization and training
— accidents reflecting no special credit on the posses-
sor — similar to those of the gambler, the thief, the
drunkard, the murderer, under like circumstances to
theirs, the immaculate man of self-complacency would
certainly have been one or all of these. Men cannot
long endure a heavy strain upon their faculties witli-
out letting down. This letting down may be accom-
pliahed by some in one way and by others in anotln r
way.
Sund
But)
do ni
maste
readii
the p
vvithir
resort
good
and in
chess
self-im
unsocif
forge*^'
selves
and wi
hand, ^
applied
of stim
and wh
sudden,
get war
always >
to get u
and tlie
an excu
simply V
seized ai
selves di
noble na
quished
was alree
In the
iiess was
was comn
atmosphe
Were at fi
elsewhere
THEORY OP TIPPLING.
073
way. Piety will do it in frequent instances; sabbath,
Sunday-school, church, prayer, and bible reading.
But all men have not piety, never were trained to it,
do not know what it is. Intellectual culture, the
mastery of mind over base passion, which leads to
reading, thinking, writing, will sometimes accomplish
the purpose, but still fewer have these resources
within them. To produce self-forgetfulness, the miners
resorted to out-door amusements, and generally with
good effect; horse-racing, foot-racing, ball-playing,
and indoor novel-reading, card-playing, checkers, and
chess were common. Lonely and desolate in their
self-imposed ostracism, they were neither cynical nor
unsocial. They felt the necessity for periods of self-
forge<-*'ulness, and did what they could to make them-
selves boys again. But this was not always sufficient,
and with an antidote to every ill always ready at
hand, with characteristic directness they too often
applied it. During the hours of occupation some sort
of stimulant seemed necessary to keep up the steam,
and when work was over, the stop nmst not be too
sudden. So, if hot, they drank to get cool, if cold to
get warm, if wet to get dry, if dry — and some were
always dry — to keep out the wet. When they wanted
to get up an appetite for breakfast, they took a drink,
and then another to aid digestion. Any shadow of
an excuse, any cause except the true cause — which
simply was to solace or excite the brain — was readily
seized and offered. Thousands thus drank to them-
selves damnation, thousands are to-day drinking it ;
noble natures which nothing else could overcome, van-
quished at last by the arch-fiend. Often tlie heart
was already broken before the demon was let in.
In the early days of California, however, drunken-
ness was not the vice so nmch as drinking. Tippling
was common from the beginning ; the excitements and
atmosphere of the country were congenial to it. There
were at first no more confirmed drunkards here than
elsewhere, nor, indeed,, so many, for these were not
Cal. Imt. Poc. 48.
m
DRINKING.
the kind that came to California. For the enormous
quantities of liquor consumed, the number of drunken
men was few. It was later that multitudes were
overcome of this evil. Then no one regarded drink
in the light of an enemy to steal away his brains, but
rather as a friend that promoted good fellowship, that
cheated of their tediousness the slowly-passing dismal
hours, that banished sorrow, that lifted care with in-
stantaneous magic hand from off the brain, and gave
it sweet oblivion, that inspired bold thoughts, that
enlarged the soul, that etherealized the tamest joys,
and threw a halo over coarse surroundings. Hard
work and hard drinking with many went hand in
hand ; but such men drunkenness seldom overtook, or
if it did, it was occasional rather than common.
It has been said that there is something in the cli-
mate of California which superinduces delirium tre-
mens with less provocation than elsewhere. I do not
know what it is, unless itbe the same that superinduces
business and social delirium, auri sacra fames. These
were the days of delirium, and he who was not de-
lirious might thank his numbness and stupidity for it.
California life was but a succession of alternate periods
of delirium and apathy.
Drinking-saloons were a prominent feature in all
the mining camps. Sometimes of logs, sometimes of
white cloth nailed over a frame, but usually of boards,
lined on the inside with cloth or paper, or both, not
more than one or two stories in height, but spreading
over considerable ground, they were conspicuous in
appearance, and generally occupied a central position.
Before the door, or if the weather was cold, inside
around the stove, were seats which any one, whether
patrons or not, might occupy. On one side of the
room was the bar, over which liquor was sold, and in
various parts of it were green baize-covered card
tables and chairs, where "poker," "seven-up," and
" euchre" were played, both for money and for drinks.
<One or more large long tables, surrounded by benches
FREE LUNCH.
875
and chairs, stood near the centre of the room, where
professional gamblers presided, and sometimes two or
three billiard tables were placed in the end farthest
from the bar. Private rooms for gambling purposes
opened from the main saloon, where two or three
days were often spent by one party without intermis-
sion. At the back door, huge piles of bottles, casks,
cans, and cigar and tobacco boxes conveyed some faint
idea of the extent of the business within.
In the larger saloons tobacco and cigars were sold
from a stand fitted up in one corner, and an elaborate
luncheon was set out on a table once or twice a day,
of which he who bought a drink might partake with-
out extra charge. This " free lunch," as it was called,
consisted at first of only crackers and cheese, but com-
petition gradually enlarged the ideas of saloon propri-
etors until finally it grew into a sumptuous repast of
soups, fish, roast meats, and side dishes. At these
places one could obtain, in addition to a drink which
cost perhaps twenty-five cents, a dinner which else-
where would cost twice or thrice that sum.
As a matter of course there were all grades and
descriptions of saloons, from the lowest ** bit " house,
where "rot-gut" whisky, "strychnine" brandy, and
divers other poisonous compounds with slang names
were sold, to the most gorgeous drinking palaces, with
large mirrors and magnificent oil paintings, and whose
fittings and furnishings alone cost sometimes ten,
twenty, or thirty thousand dollars. In 1853 there
were in San Francisco 537 places where liquor was
sold, 46 of which were public gambling houses, 743
bartenders officiating. No wonder that hard times
set in. A thousand leeches, poison-mongers, in half
a thousand houses, in a comparatively small society,
as San Francisco was then, this alone was enough to
bring the curse of God upon the place, not to mention
prostitution, political bribery, mercantile dishonesty,
and twenty other forms of demoralization.
The saloon-keeper was one of the dignitaries of the
676
BRINEmO.
town; he interfered to prevent bloodshed, was the
umpire in disputes occurring within his precincts, and
after the battle attended the wounded, cared for the
dying, and buried the dead. In the more lawless dis-
tricts, a barricade of bags of sand or other bullet-proof
barrier was constructed inside the bar under the
counter, so that when shooting became lively the bar-
tender had only to drop behind his fortification and
be comparatively safe, while those in the middle of
the room must drop flat on the floor, or shield their
hearts with table, chair, or bench.
Comedy, however, was the rule, and tragedy the
exception, and the saloon was the scene of many prac-
tical jokes. Catch-bets for drinks, and tricks to bring
the uninitiated into ridicule and make them " treat, '
commanded the resources of the inventive brain. A
common "sell" was for some one, usually a judge or
other respectable and dignified personage, to invite
the crowd to participate, with the welcome words,
" Come, boys, let's all take a drink 1 " Soon the bar
is surrounded by a score of ready fellows, each watch-
ing in happy mood the concocting of his favorite
draught. Touching their glasses all, and bowing ac-
knowledgments to their inviter, twenty arms are up-
lifted, twenty heads thrown back, twenty watering
mouths are opened, and down twenty itching throats
twenty nectareous potations erode their way, and
as the glasses touch the counter again, the inviter
sotto voce observes, "And now, boys, let us all pay
foriti"
Innumerable were the toasts given; besides the
world-wide and stereotyped " I drink your health,"
"I pledge you," "here is to you," "my regards,"
"my respects, gentlemen," were local and individual
toasts, as well as those improvised for occasions.
Usually they were short and caustic. "Here's luck,"
"here's fun," "here's at you," "here we go," "here's
all the hair off^ your head," " I am lookmg towards
you," "until to-morrow," "here's another nail iu
you:
you
T
adap
tome
mear
fessic
noble
practj
and g
derly
Dec
formir
brilliai
arm's J
ract.
nient
display
list of c
There
brandy
torn an
mode
taken
Sund
the gei
There
there a
prospect
once the
blaspliei
lighted
«iid chai
and tabl
of lonel
tractive
i'nproper
sc'on ther
as was oft
n
I
THE ARTISTIC BAR-TENDER.
877
your coffin," "here's hoping these few lines will find
you enjoying the same blessing."
The apt and chameleon-like bar-keeper, who could
adapt himself to the color and moods of every cus-
tomer, though not a proprietor, was a person of no
mean consequence. Studying his business as a pro-
fession he rose in it, ennobling himself while he en-
nobled his occupation, as he acquired skill. With
practice his clumsy fingers became pliable, and bottles
and glasses flew from shelf, hand, and counter in or-
derly confusion.
Decanters tipped their several ingredients into the
forming compound with magic nicety, and cascades of
brilliant liquids poured from glass to glass held at
arm's length with the precision of a rock-bound cata-
ract. Nor was the profession restricted in its advance-
ment to mere mechanical skill. Ingenuity was
displayed in concocting new nectar, and soon a long
list of delicious beverages became as household words.
There was the champagne cocktail, the mint julep,
brandy smash, hot whisky punch, sulky sangaree,
tom and jerry, and a host of others, but the usual
mode of taking drink was, as most other things were
taken in California — straight.
Sundays, evenings, and at all times saloons were
tlie general rendezvous for the entire population.
There loafers congregated and business men met;
there all flocked to learn the news, to talk over the
prospects of the times, to beguile tedious hours, and
once there smoking, drinking, gambling, stag-dances,
blasphemous yells, and shooting followed. Brilliantly
lighted at night, with a roaring fire in cold weather,
and chair and benches on which to sit and smoke,
and tables at which to drink and play, in those days
of loneliness and discomfort they were the most at-
tractive places in the town. Nor was it considered
improper or disreputable for a respectable man to be
soon there as I have before remarked, even although,
as was oftentimes the case, the scene was graced by
078
DRINKING.
the presence of the painted jeaebels, and the walls
adorned with pictures of female figures with opulent
undraped charms, and bunds dispensed loud music to
devil-inspired dancers, and the smoky air was thick
with oaths and imprecations. " There is nowhere
else to go," the solitary and forlorn T*ould say, and
when compelled to choose between their miserable
homes and these flaunting halls of hell, the average
conscience became quite pliable and accommodating.
In such society and with such surroundings it was
almost impossible for one to live and never drink ;
and he who in righteous wrath repudiates the idea as
absurd knows nothing about it. Man must associate
with his fellows; he cannot long remain alone.
Neither can he live long individual and peculiar in
his habits unless he be possessed of a hermit's nature
— and I know of no hermit who ever came to Cali-
fornia. Hence it is, sooner or later, he is bound to
fall into the ways of those about him. An invitation
to drink, in those days, was almost equivalent to a
command, and to decline was frequently to give
offense. He who refused was deemed either prudish
or churlish, neither of which qualities his companions
were disposed long to tolerate. The honest miner,
the unshaven, woollen-shirted, drinking, swearing man
was the social ideal, it was dangerous for a man to
pretend to be better than his fellows. Often men
have been mobbed in the mines for wearing a stove-
pipe hat, or black coat, or for shaving his chin, or
for doing in any way as others did not do. Then if
you accept an invitation to drink with others j ou
must sometimes return the compliment ; failing to do
so is worse than not to drink at all.
The English custom which, within the bounds of
respectability, limited drinking to dinner and evening
did not here obtain. Having just dined was oftener
an excuse for declining than a pretext for accepting.
Dinner did not divide the day as in older and more
staid communities; there was as much to be done
ROUGHS AND ROARING CAMPS.
67!)
after dinner as before, and people came higher to work
ratlier than to enjoy themselves. Every moment
not devoted to the accomplishment of the purpose
that tore them from home and friends seemed wasted.
To drink alone was to demean one's self; it smacked
too niuch of drinking for the love of it, which even
in their wild times, and notwithstanding all men did
it, was held disgraceful. Such a one was cither an
*onery cuss* or a 'whiskey-bloat,' or both; and so
with the high-minded and open-handed, the bar-
keeper must drink if there was no one else available.
Not unfrequently in the remoter and more isolated
camps, from snow or flood, supplies would become
low and prices advance enormously. In such cases a
scarcity of food was more philosophically endured
than the total absence of liquor and tobacco. After
such a season of abstinence, the first train arriving
would be surrounded by a crowd of thirsty souls
with bottles, cups, coffee-pots, and saucepans, all
eager for a supply of the precious liquid. Ten dollars
was once offered for the privilege of using a straw at
the bung of a keg of New England rum. Excess
followed as a matter of course, and soon every phase
of inebriety was manifest, from prattling jocundity to
roaring intoxication. Patriotism would break forth
in song and dance ; wliitli thick tongues and husky
throats the sons of Erin would sound the glories of
the Emerald Isle, the Germans of their fatherland,
the Frenchmen of sweet France; Yankees apostro-
phized their growing country. Englishmen chal-
lenged all the world to mortal combat, Spaniards,
mounted on mule or mustang, dug their long rowels
into the animal's bleeding sides, and rushed hither
and thither making the hills ring with their delirious
shouts. Old quarrels were revived, and the flash of
steel and discharge of revolvers, as much to the dan-
er of bystanders as to the combatants themselves,
ent their peculiar charm to the occasion.
Iklany drank spasmodically ; hard workers attending
680
DRINKING.
closely to business for days and weeks without touch-
ing a drop of liquor, then took to drink for a day
or a week, r nd after their debauch returned to their
work with new vigor. Business is one thing and
pleasure another, they say — one should be wholly
distinct from the other. In Europe all drink and
without ceasing, but usually in moderation, fend mixed
with their work which is light ; in California the two
were somewhat separated, and the work was harder.
Gulliver assured his horse friends, the Houyhnhnms,
"that wine was not imported among us from foreign
countries to supply the want of water or other drinks,
but because it was a sort of liquid which made us
merry, by putting us out of our senses, diverted all
melancholy thoughts, begot wild extravagant imagin-
ations in the brain, raised our hopes and banished
our fears, suspended every oftl 3 of reason for a time,
and deprived us of the use of our limbs, till we fell
hito a profound sleep, although it must be confessed
that we always awoke sick or dispirited, and that the
use of this liquor filled us witli diseases which made
our lives uncomfortable and short." This was at a
time when Swift's contemporary. Sir Richard Steel,
says of England that "the common amusement of
our young gentlemen, especially of such as are at a
distance from those of the first breeding, is drinking."
And furthermore that "it is very common that evils
arise from a debauch which are Mital, and always such
as are disagreeable."
There are many like the learned Samuel Johnson
and Hazlitt, who can abstain wholly, but who cannot
practise abstinence. There are men, who from their
very nature, can do nothing in moderation. Men of
genius, particularly, being of necessity unevenly bal-
anced in mind, tend to every species of excess. Broad
laxity follows severe effort, and free indulgence tem-
porary abstinence. For '.any years Johnson drank
no wine; but toward his latter days he took it up
SOME OLD-TIME DRINKERS.
681
again, and greedily swallowed large goblets of drink,
niostly in private. Often he advised Boswell to
abandon the bottle, but Bozzy loved his potationt;, and
preferred his sottish enjoyments to any other.
Johnson. "I did not leave off wine because I
could not bear it ; I have drunk three bottles of port
without being the worse for it. University college
has witnessed this."
Boswell. " Why, then sir, did you leave it off?"
Johnson. " Why, sir, because it is so much better
for a man to be sure that he is never to be intoxi-
cated, never to lose the power over himself I shall
not begin to drink wine again till I grow old and
want it."
Boswell. " I think, sir, you once said to me that
not to drink wine was a great deduction from life."
Johnson. "It is a diminution of pleasure, to be
sure ; but I do not say a diminution of happiness.
There is more happiness in being rational."
A Boswell will tell you that benevolence lies at the
root of drunkenness. A friend asks you to drink with
him, your entertainer begs you to take wine with
him, and rather than offend, or seem discourteous, or
send a chill round the table, you throw aside your
scruples, drink once, then again and again, and soon
know next to nothing.
The practice of urging persons to drink cannot
be too plainly condemned. To some, drink is dis-
tasteful, to others hurtful, to others maddening, to
not a few — death. It may be pleasure for him who can
with ease command his appetite, for him to whom ex-
cess in drink has no temptations, by appealing to
friendship, good-fellowship, and in the name of hospi-
tality to wrap around those he pretends to love a
sheet of flaming fire which shall consume them.
Said Sir Joshua Reynolds, " At first the taste of
wine was disagreeable to me, but I brought myself to
drink it that I might be like other people. The
pleasure of drinking wine is so connected with pleasing
682
DRINKINO.
your company, that altogether there is something of
social goodness in it."
Though wine may make us better pleased with our-
selves, it does not always make others better pleased
with us. Such is not always the effect, I say, but
sometimes it is. Many become more agreeable in
society as they forget themselves, so that they do not
go too far and forget others. Although drink fur-
nishes one with neither wit nor learnhig, it often breaks
down the barriers and liberates such abilities as be-
fore were confined. It anlraatcL what before was
dormant. It thaws congealed ideas, and unlocks the
tongue. The effect of this may be pleasing or
otherwise.
After all it is a skulking for brilliant effect which
manliness despises. Better a mind so cultivated and
manners so assured that a man can be as much him-
self while in his senses, as when beside himself
When alone, as well as when in company, laboring
under a humiliating sense of awkwardness or inferi-
ority, many drink to get rid of themselves. They would
send their thoughts far away from themselves, from
the proximate objects and events that annoy them to
more pleasing scenes and subjects. Thus wine gives
pleasure by taking from us pain. And in every
pleasure we have the right to indulge unless it brings
evil upon ourselves or others. Then the right is no
longer ours. A good which is counterbalanced by an
evil is not good but evil, as it tends to evil, and is but
the pleasurable beginning of an evil which has a pain-
ful ending.
There is little difference between drunkenness and
insanity, and you may as well look for fixed resolve
and determinate principle in an idiot as in the hab-
itual drunkard. Having passed certain stages, he
is absolutely powerless to reform; and when jeers
and insults are heaped upon one of these unfortunates,
one hardly knows which to pity most, the sot or the in-
human rabble ; when one sees the so-called respectable
INTEMPERANCE AND IMBECILITY.
68S
of untried virtue, scoff at the fallen of any quality, one
hardly knows which to pity most, the vanquished
fight' r of life's battle, or the pharisee, proud in
in being so unlike these publicans.
How the big, blustering coward is sometimes de-
ceived by the slender form, and modest demeanor, and
thin, pale face which often cover firmness and true
courage I Yet the closer observer sees in the eye,
and mouth, and features, lineaments as plainly indica-
tive of character as lines chiseled by the sculpter's
graver.
Once there was a half-drunken Irishman at Foster's
bar who attempted to force a small, sickly-looking
youth to drink. Seizing the boy by the arm, he
dragged him to the counter where a glass stood ready.
" Drink that or I'll murder you," said the Irishman.
"I will not," calmly replied the boy, not a trace of
color appearing in his face.
"Then, damn you, you shall clear out I" exclaimed
the infuriated Irishman, and taking the boy
by the collar of his shirt he kicked him into the
street. The youth caught the awning-post with his
left arm and continued to swing round it, boy like.
His right hand he put behind him.
" You dare not follow me out," said he, in the same
low, passionless voice which had characterized his
whole conversation. Instantly the Irishman made a
spring at him. The boy swung himself once or twice
round the post to gather force; then as he came
round he sprang upon his burly foe and drove a long,
sharp, double-edged knife into his breast kilhng him
instantly. The boy was tried and acquitted.
Rum has ruined its thousands, is still ruining them.
War with all its horrors, pestilence, and famine are
harmless as compared with the deadly work of
the demon drink. A five years' war four times every
century, each as disastrous to life as was that for the
Union, would not kill as many men as excessive
drinking now is killing every day. Dead they are,
m
DRINKINO,
though their vile breath has not yet left the body, and
though their staggerings betoken corporeal animation.
'* I have bought my ticket through," said a poor
heart-broken wretch as he stood upon the wharf in
conversation with a friend while waiting the departure
of the steamer. He was a young man, not yet
thirty, tall, well built, and intellectual, but his dress
betokened poverty. Broken sentences came through
quivering lips ; despair was pictured in his face, and in
his eyes stood moisture wrung by misfortune from the
heart. " I have bought my ticket through," he said,
"but I shall not go home. Seven years I have spent
in California, and all that time I have drunk to excess.
What is home to me now — home without hope?
Doubtless I shall join Walker, in Nicaragua; I care
not what becomes of me 1 " So have sunk from sight
a hundred thousand and more of the immigration of
the first decade.
CHAPTER XXIIL
GAMBLING.
(htio, I believe in dioet
Without a penny for the price,
Full often have they got me meat,
Good wine to drink and friends to treat;
And sometimes, too, when luck went worse.
They've stripped me clean of robe and purse.
—RuUif(f^f,
There needeth not the hell that bigots frame
To punish those who err; earth in itself
Contains at once the evil and the cure;
And all-suflicing nature can chastise
Those who transgress Iier law — she only knows
How justlv to proportion to the fault
The punishment it merits.
—Shelley.
Johnson. Depend upon it, sir, this is mere talk. Who is ruined by
gaming? You will not tind six instances in an age. There is a strange rout
made about deep play, whereas you have many more people ruined by ad-
venturous trade, and yet we do not hear such an outcry against it.
Thrale. There may I>e few absolutely ruined by deep play, but very
many are much hurt in their circumstances bv it.
Johnson. Yes, sir, and so are very many by other kinds of expense.
• • • » • • •
Johnson. It is not roguery to play with a man who is ignorant of the
game while you are master of it, and so win his money, for he thinks he can
play better than you, as you think you can play better tlian he, and the su-
perior skill carries it.
Erskine. He is a fool, but you are not a rogue.
Johnson. That's much about the truth, sir. It must be considered that
a man who only does what every one of the society to which he belongs
would do, is not a dishonest man.
BoswelL So, then, sir, yon do not think ill of a man who wins, perhaps,
forty thousand pounds in a winter T
Johnson. Sir, I do not call a gamester a dishonest man, but I call him an
unsocial man, an unprofitable man. Gaming is a mode of transferring prop-
erty without producing any intermediate good. Trade gives employment to
numbers, and so produces mtermediate g<rad.
— BonotWa Johnton.
A PRIMARY principle of ethics is that every indi-
vidual may freely act his pleasure as long as he docs
not interfere with the rights of othere. He may
claim for himself every gratification which does not
(685)
680
OAMBUNO.
limit others in their gratifications. He may come
and go, he may buy and sell, he may marry, preach,
or develop a mine, and in all this legitimately better
his condition, provided he does not make worse the
condition of those, or any of them, with whom he
comes in contact.
The true theory of business is that traffic which
does not result in reciprocal advantages to buyer and
seller is illegitimate, or at least abnormal. Let it be
registered in men's minds that he who accumulates
wealth to the loss of another is a bad man following
a bad business. He is a swindler, and should be pun-
ished as one.
In this way men may build railroads; but they
must not employ the power thus acquired in imposi-
tions upon the people, subsidizing competition to keep
up iniquitous prices, buying legislators, and corrupt-
ing morals and society, building up or ruining this
man or that town or industry, and exercising a hate-
ful tyranny over a long-suffering and pusillanimous
people. Men may buy and sell wheat, but they may
not so ' corner ' it as by their trickery to make con-
sumers pay twice or thrice its value. Men may in
good faith develop mines; but the manipulation of
mining stocks as practised by brokers and* bonanza
chiefs is worse than ordinary gambling and stealing —
being more on a par with three-card monte, and like
cheating and confidence games.
We all know the evils of gambling ; how It dissat-
isfies society in its daily occupations, absorbs thought,
dissipates energy, and renders men unfit for that
stca'iy application and reasonable economy which
alono make a community prosperous. It destroys the
fuu;r qualities both of mind and feeling; it makes
men moody and nervous, makes them live a life of
extremes, now exhilarated by success, now despondent
through failure. What folly I Some play for money,
but with the percentage against them they should
know that in the end they are sure to lose. Some
ploy for pie
they must k
that is sure
Epicurus (
No one has 1
ure in any n
"This kind
therefore ess
cultivates a ]
deterioration
occupations u
money receiv
Is not socie
am>', prostltu
dined to carr^
gambling gan
of our way t
questionably i
gamblers. T]
wax cards or
variety of wa;
an inferior art
due advantage
who will not
that as a rule
ing and overrt
than in the s
many of the
assert that thi
political, comm
trated by the
one day than U
tutes, and poly:
Since very ej
famous by mos
a gamester to
laws against ^
Saturnalia, wert
theless the peo
FOR PROFIT OR PLEASURE.
687
ploy for pleasure ; but if thev ponder for a moment
they must know that like dnnk it is but a pleasure
that is sure to end in pain.
Epicurus dcnouncecfall pleasures productive of pain.
No one has the moral right to obtam money or pleas-
ure in any manner detrimental to public well-being.
"This kind of action," says Herbert Spencer, "is
therefore essentially anti-aocial, sears the sympathies,
cultivates a hard egotism, and so produces a general
deterioration of character and conduct." All moral
occupations imply the rendering of an equivalent for
money received.
Is not society here, as in other cases, such as polyg-
amy, prostitution, monopoly, and mongolianism, in-
clined to carry the sentiment against the professional
gambling game to an extreme ? Why go so far out
of our way to play the prude or hypocrite? Un-
questionably there are honest gamblers and dishonest
gamblers. There are professional gamblers who will
wax cards or use an imperfect pack, or cheat in a
variety of ways, just as a shop-keeper will sell you
an inferior article, overcharge, or otherwise take un-
due advantage ; there are gamblers and shop-keepers
who will not do these things. It is safe to assert
that as a rule there is proportionately no more cheat-
ing and overreaching in the clubrooms of our cities
than in the stock boards of our cities, or in very
many of the avenues of commerce. It is safe to
assert that there is more iniquity committed, more
political, commercial, and social demoralization perpe-
trated by the monopolists of the United States in
one day than is achieved by all the gamblers, prosti-
tutes, and polygamists in a twelve-month.
Since very early times gambling has been held in-
famous by most civilized nations. Aristotle declared
a gamester to be no better than a thief. Stringent
laws against games of hazard, except during the
Saturnalia, were passed by the Roman senate; never-
theless the people played. Jews, Mahometans, and
i
688
GAMBLING.
Christians all set their faces against games of chance.
The Talmud censures them. No Hindoo gambler
was allowed to testify in courts. The duke of Clai-
eiice in 1469 prohibited gambling in his household
except at the '* xii dayes in Christmasse."
Silly Charles VI. of France played with painted
cards ; some say they were first made for his use in
1392, though of this there is no proof; since which
time the mischief has often been played with them,
though this was not the fault of the cards.
During the reign of Henry VII. card-playing was
very generally in vogue ; so much so that it was prohib-
ited by law. Apprentices the edict especially regarded,
forbidding them to play with cards except during
the Christmas holidays, and in their master's houses.
Peculiar as was the character of some of the
wagers in California, there were none here so inde-
cent or irreverent as were exposed by the law courts
of England fifty years ago — instance the case of
Joanna Southcote, an unmarried woman, upon whose
delivery of a male child, a new Messiah, within cer-
tain days was bet £200 to £100; a wager that
Napoleon would be removed from St Helena within
a certain time, a wager upon the sex of a feminine-
looking man, upon a decree of a court, upon the
death of one's father, and the like.
The merchant does not grow rich, as moralists
sometimes aver, by the debauched lives of the young,
nor the husbandman by the scarcity and consequent
dearness of his grain, nor the architect by the deca}'^
of buildings. It is true that doctors live by the
diseases of mankind, and priests by the principle of
evil, and lawyers by disputes. Grood springs from
evil, and life from death. As Montague says, *' Ce que
considerant, il m'est venu en fantasie, comme nature
ne se desment point en cela de sa general polici, car
les physiciens tiennent que la naissance, nourissement,
et augmentation de chacque chose est I'altdration et
corruption d'une aultre."
CHANCE OR SUPERSTITION.
689
Some teach us how to be learned, others how to bo
rich, and others, again, how to bo lucky. Gamblers
liave their doctrine of chances and runs of luck. Thus,
if a particular number or card wins twice or thrice in
succession, the chances are in favor of its winning
once or twice more.
Chance is a superstition; tlierc is no such thing as
accident, no deviation from the inexorable laws of na-
ture, any more than there is a veritable war-god,
weather-god, or Great Cloud Manipulator.
The laws of fortune are not unjust norpartial because
they tend to unequal favors. We may not blaspheme
fortune for sending the ball into the wrong pocket,
when with our own hand we forced it there ; or for
jliv'ing us inferior cards, when with our own finjjcers
we shuttled and dealt them. Like all the laws of na-
ture and of man, the laws which govern chance are
reasonable and just. Tliore is no guardian angel or
spiteful demon lurking near the cards or dice to turn
them in our favor. We turn them with t)ur fingers.
The operation is jairely a n)echanical one. Put the
dice into the cup always exactly hi tlie same manner,
and shake tliem alwa3's the same, and the same side
is always sure to be up[)ermost. It is not true that
the dice of the gods arc always loaded. Men may
load their dice to suit themseh'^es, and blind chance
be frustrated if tliey have the ability. That is to
say, dice will fall as they are thrown and there is no
chance about it,
Gaml)i iig is reprobate not chiefly because it tends to
the ruin cfliira who indulges in it, his family and friends ;
not chiefly because of its evil associations and aliena-
tion from healthy pursuits, but because it produces
profit and pleasure to one at the cost of loss and pain
to another. It nmst be admitted that while many
came to California to seek their fortunes, some came
to seek for other people's fortunes.
We are apt to regard gambling, drunkenness, licen-
tiousness, indulgence in the use of tobacco and the
Cal. Int. I'of. 44
r
•.'if
GAMBUNG.
like, as unnatural or artificial tastes and passions.
But is this the fact ? Gambling has been practised
by all people in all ages. In the infancy of the race,
and in rude societies, it assumes the form of games,
physical and animal contests ; in more advanced com-
munities, stocks and securities become the favorite
gamble, and indeed, the spirit of gambling underlies
all commerce and industrial activities. And so with
regard to the other vices named, there appears to be
in man natural appetites craving indulgence. Intox-
icating drink is common to all time and places and to
avoid excess in this or other things is simply perfec-
tion. Why did all the world take so quickly and so
naturally to the use of tobacco when it was discovered,
if the craving for it did not spring fron. a natural
appetite ?
So with a hundred other great and small ly fannies
and swindles, such as those so frequently perpetrated
by gas and water companies, by boards and oflfice-
holders, by men in any and every position where they
happen to hold some power over their fellows. So long
asthese gross iniquities are permitted ; so long as the
grinding monopolist and the unprincipled stock-jobber
ate permitted to ply their nefarious trade, why be so
harden the honest gambler who stoops to no such vile
advantage ? He, alone, who makes it a profession is
disgraced. He, alone, is infamous. An honest man
he may be, courteous, chivalrous, unselfish, yet the
filthiest blackguard that * bucks' against his bank may
hold him in social contempt.
The prudish English put the finest point on this
absurdity. It is all right to play whist and liko
games, all betting "just to make it interesting, you
know," all of necessity pretending that they care
nothing for the money ; but change the game, and
bet a little more freely, and the clergymen and women
particularly are horrified. The game of poker is be-
coming reputable in America among free-and asy
and not over-refined people, provided the stak' »< . vfi
DISTINCTIONS WITHOUT A DIFFERENCE.
G»l
not too high. But what are high stakes ? In a com-
pany of spinsters, in the drawing-room of a second-
class Connecticut boarding-house, five cents 'ante'
might be deemed extravagant, while in the south,
during the glorious days of slavery, a negro ante and
twenty on the call was deemed moderate playing.
All these distinctions are without a difference ; aiid
men and women miserably fail in thus trying to befool
themselves into making certain phases of gambling
respectable while holding other phases of it, equally
honest and fair, as illegal and disreputable. On a par
with the rest are the English ethics which makes it
right to swindle your taflor, but very wrong not to
pay a gambling debt. Debts of honor, these last are
called.
Of course there are always a thousand excuses ready
for whatever folly or iniquity society chooses to indulge
in. Gambling in stocks encourages mining ; gambling
at the races promotes horse-breeding; gambling in
churches helps to buy an organ or pay a debt. But
have we no excuses for our honest banking games ?
Listen to Lecky, the foremost of English moralists:
"Even the gambling table fosters among its more
skillful votaries a kind of moral nerve, a capacity for
bearing losses with calmness, and controlling the force
of desires, which is scarcely exhibited in equal perfec-
tion in any other sphere." Likewise the immaculate
Boswell, whose name, however, is scarcely worthy of
mention in connection with the other: "There is a
composure and gravity in draughts which insensibly
tranquillizes the mind, and accordingly the Dutch are
fond of it, as they are of smoking, of the sedative in-
fluence of which, though he himself never smoked, he
had a high opinion. Besides, there is in draughts
some exercise of the faculties."
Dishonest gamblers sometimes mark their cards
with punctures so minute as to be imperceptible to
the ordinary touch, and to detect them themselves
they are obliged to apply acid to the fingers to increase
I :
692
GAMBLING.
their sensitiveness. .^uch disreputable practices
should be discountenanced by all good gamblers, the
same as putting sand in sugar, discriminating in
freights, and salting a mine.
The evils of stock gambling, ruining thousands upon
thousand of families in the city and throughout the
land, as compared with those of professional gambling,
are infinitely against the former. Nowhere as in this
mad desire to be suddenly and immensely rich were
the souls of men so staked. It was worse than Me-
phistopheles betting with the Lord that the integrity
of Faust should fail him, or Satan laying a like wager
■p regard to Job. •
•-rotwithstanding that mining since the world began
luiA boon a hundred times proven the most ruinous of
speculations, to this day wherever is a discovery of
the precious metals, thither may be seen a rush from
every quarter.
"K man who subjects things to chance rather than
to tlio operation of definite and calculable laws, gam-
bles," says Bcecher.
Here in California the advice of Plautus, " Habeas
ut nactus : nota mala res optima' st," " keep what
you've got ; the evil that we know is best," was sadly
out of place. To be "ptuck in stocks," made sweating
sore by them, screwed lighter in them than the village
villain's feet in that old-time punishing-machine, was
at one time common to all.
In stock speculation there' is wanting that same
element of utility which we find lacking in faro and
monte, and by which alone society is benefited in the
interchange of values among its members. In ordi-
nary transactions, he who makes money is not bene-
fited as much as he suffers who loses it, and in gambling
the difference is largely increased.
What is it that causes the price of stocks to
change? What is it that causes any fluctuations in
values when there has been no corresponding develop-
ment in the mines or change in the money market?
nicn
talJizf
inqui]
< »rac](
any
They
knowi
to gar
ing Ii
STOCKS AND OTHER SPECULATION^.
093
Opinion ; simply opinion. In all their politics, religion,
and social ethics, men are essentially imitative in
their beliefs. Now money being as sensitive as any
species of morality is very quick to embrace popular
belief without stopping to consider whether it be
sound or not. Indeed, that it is the popular belief is
sufficient ; for this alone will send securities up or
pull them down. And the worst feature about all
this is that the people do not buy and sell stocks on
the intrinsic value of the mine; they care nothing
about such value, do not take it into consideration
scarcely, but gamble to-day on what will be the price
of shares to-morrow.
The rise and fall in stocks may sometimes indicate
the demand and supply, which again are governed by
the disposition of men to purchase more than nitrinsic
value or change of condition justify. If nuiiiy per-
sons at tlie same time seek to buy large quantities of
a stock it is sure to advance; if tliey all at one time
wisli to soil it is sure to go down. And yet the mine
may bo twice as valuable when it depreciates as when
it appreciates.
Hard times, commercial collapses, monetary crises
are oftener the result of apprehension tlian of a real
cause. When every one says times are good and
acts accordingly, investing, improving, circulating liis
nioni!}', that alone will make business nnd prosperity.
But as a rule it is safe to say of stock-boards, build-
ings, and the mass of wealtli heaped up by bonanza
men and stock-i(/bbers, that tliev all are but tlie crvs-
tallizatioji« of crime. To tlieir dearest friends who
inquired of them as to their fortune, they were false
oracles, ready to sacrifice heaven, if tliey ever had
any chance there, in order to fill tlieir pockets.
They would cheat, mother, brother, and I have even
known of a man giving his wife money witli wliich
to gamble in stocks, simply for the pleasure of beat-
ing her out of it. Meanwhile, into all sorts of
I':
m
%
;i
694
CrAMBLTNG.
extravagance their victims plunged," as if their money
was immortal.
In the early days of California gambling was but
a more direct expression of the spirit of speedy accu-
mulation manifest in common and in so-called legiti-
mate speculation. Mining, merchandising, real estate
operations in those days of uncertainty were all species
of gambling. The coming hither in the first instance
was but a staking of time, energy, and health against
the hidden treasures of the Sierra.
The origin of this vice must be sought in the un-
sounded depths of turbid human nature ; its practice
dates back to the remotest past. Thousands of
years before the coming of Europeans to these shores
gaming was the chief delight of the inhabitants.
The gentle savage would stake on some aboriginal
game of chance or skill his shell-money, his peltries,
his hunting and household implements, his wives,
with an outward indifference as to the results that
in 1849 would have made him the envy of the
subtlest and skilfullest faro dealer of the day. Losing
all else he would throw himself, his liberty into the
pot, and losing this he would march off, the naked
slave of the winner, with a stoicism most pleasing to
behold. The European with all his superior mechan-
ism of mind, his culture and philosophy, has never l)een
able to outdo the childlike and passionate wild man
in those qualities of skill and self-command essential
to success in this fascinating calling.
From what Horace tells us it appears that the
vice was not prohibited by the Romans on account of
its demoralizing tendency, but because it diverted the
youths from manly sports and made them effeminate.
And so in later times, and among other peoples, it
was not so much the rioting and drunkenness and
murders it led to, as the blow it aimed at the moral
ideal of the nation, that made it offensive. In early
times the ethical ideal was patriotism ; and as gaming
LEGAL AND ILLEGAL GAMBLING.
ees
interfered with military art it was put down. In
California the central idea embodying the right in
social ethics is what comes under the name of legiti-
mate money-making. Here the great good is not
patriotism, art, or literature, but the accumulation of
wealth ; not, however, by such processes as shall in-
jure or make your neighbor poorer, but by originating,
creating, or producing, making additions to the gen-
eral fund, but which you may hold as your own.
Here, gambling interfered with that labor which was
to eviscerate the Sierra drainage, and develop the
resources of the lowlands, as in Rome it interfered
with the making of good soldiers; and so, later, Cali-
fornia passed laws that drove it under cover, but its
spirit still stalks abroad, and enters into almost every
avocation. One sees it in the speculations of labor-
ing men, in the ventures of merchants outside of
their regular business, in the gift enterprise shops, in
the church-fair raffle and grab-bag. As I have be-
fore stated, buying shares in the stock market in the
hope of a rise not based on development is as pure
gambling as putting money on a monte card, and
its evil effects are seen by the hundreds of working
men practically ruined thereby. Of the two evils,
the open and public gaming-table and stock-gambling,
I hold the latter to be more deleterious to society, for
it is but the old wicked principle galvanized, and
made respectable by law. A lottery, legalized by the
legislature for the benefit of the Mercantile library of
San Francisco, caused for a short time an almost
entire suspension of business for a hundred miles
around
During the pastoral days of California, men were
free, and might gamble if they chose. It came
rather hard on them, therefore, when the straight-
laced Yankee alcalde of Monterey placed a veto on
the pastime. Says the reverend jurist on the subject,
writing the 18th of October, 1846: " I issued, a few
days since, an ordinance against gambling — a vice
t"
■i
I
GAMBLING.
which shows itself here more on the sabbath than any
other day of the week. The effect of it has been to
drive the gamblers from the town into the bushes. I
have been informed this evening, that in a ravine, at
a short distance, some thirty individuals have been
engaged through the day in this desperate play.
They selected a spot deeply embowered in shade, and
escaped the eye of my constables."
On the 12th of May following, the order was thus
enforced : "A nest of gamblers arrived in town yes-
terday, and last evening opened a monte game at the
hotel honored with the name of the Astor House. I
took a file of soldiers, and under cover of night
reached the hotel unsuspected, where I stationed
them at the two doors which afforded the only
egress from the building. In a moment I was on
the stairs which led to the a[)artment where the
oamesters were conjxrcijated. I heard a whistle and
then footsteps flying into every part of the edifice.
On entering the great chamber, not a being was visi-
ble save one Sonoranian reclininor a<jainst a lar<je ta-
ble, and composedly smoking his cigarito. I passed
the compliments of the evening with him, and de-
sired the honor of an introduction to his companions.
At the moment a feigned snore broke on my ear from
a bed in the corner of the apartment — * Ha 1 Dutrc,
is that you ? Come, tumble up, and aid me in stir-
ring out the rest.' He pointed under the bed, where
I discovered, just within the drop of the vallance a
nmltitude of feet and leos radiatiuij as from a connnon
center. 'Hallo there, friends — turn out," and out
came some half-dozen or more, covered with dust and
feathers, and odorous as the nameless furniture left
behind. Their plight and discovery threw them into
a laugh at each other. FroiU this apartment, accom-
panied by my secretary, I proceeded to others, where
I found the slopers stowed away in every imaginable
position — some in the beds, some under them, several
in closets, two in a hogshead, and one up a chimney.
MONTEREY AND SAN FRANCISCO.
697
Mr R. from Missouri — known here under the sou-
briquet of the 'prairie-wolf — I found between two
bedticks, with his coat and boots on, and half smoth-
ered with the feathers. He was the ringleader, and
raises a nionte table wherevei he goes as regularly as
a whale comes to the surface to blow. All shouted
as he tumbled out from his ticks. Among the rest I
found the alcalde of San Francisco, a gentleman of
education and refinement, who never plays himself,
but who, on this occasion, had come to witness the
excitement. I gathered them all, some fifty in num-
ber, into the large saloon, and told them the only
speech I had to make was in the shape of a fine of
/wenty dollars each. The more astute began to
demur on the plea of not guilty, as no cards and no
money had been discovered; and as for tlie beds, a
man had as good a right to sleep under one as in it.
I told them that it was a matter of taste, misfortune
often made strange bedfellows, and the only way to
get out of the scrape was to pay up. Dr S. was the
first to plank down. 'Come, my good fellows,' said
the doctor, 'pay up, and no grumbling, tliis money
goes to build a schoolhouse, where I hope our chil-
dren will be taught better principles than they gather
from the example of their fathers.' The 'prairie-wolf,'
planked down next, and in ten minutes the whole
Chillanos, Sonoranians, Orogonians, Californians,
Englices, Americanos, delivered in their fines. These,
with the hundred dollar fine of the keeper of the
hotel, filled quite a bag. With this I bade them
goodnight, and took my departure."
The town council of San Francisco, on the 11th day
of January, 1848, passed stringent resolutions against
gambling which had then been on the increase for
four years past. So startling were the proportions
it had assumed, and so enraptured were the people
by the fascinating vice that it seriously interfered
with business; but a great reform was considered out
of place in a small town, and therefore at the next
t>U8
GAMBLING.
meeting of the council the law was repealed, Icavintr
everythhig lovely in this respect for the great Inferno
now so near at hand.
Some were of the opinion that gambling should not
be interfered with by law any more than interest on
money or the sale of intoxicating liquors. To extin-
guish this vice, said they, was impossible ; the passion
appears to be deep-seated in man's nature, alike in
high and low, civilized and savage. The principle is
one with that of speculation, and tinges even commer-
cial ventures. As is often claimed for religion, there
never has been known a nation without its gambling
games of some sort. So, continued these reasonera,
it is better to license the vice, give the state the rev-
enue, and not make it a crime, than to drive it into
dark comers and guarded club-rooms, for it is not that
which is done in public that does the most harm.
Men will not voluntarily exhibit their worst side to
the world. He who ruins himself and family at the
gaming-table does it generally in private. Then, too,
the opportunities for practising the arts and devices
of the trade are much greater than at a table in a
public room, surrounded by scores of eyes as keen and
as watchful as those of the dealer.
Gambling in San Francisco was tolerated for the
revenue that was derived from it, long after public
opinion was against it.
In due time the saloons, those impious, blazing land-
marks, had to give way before a revised public sen-
timent. The old El Dorado, corner of Dupont and
Washington streets, was one of the last to succumb.
In full blast from 1850 till 1856, there were nightly
collected the largest crowds of the worst of all classes,
all who had a few dollars to gamble — that is, until
public gaming was prohibited — or an hour's time to
while away, gazing at the people coming and going, at
the nude pictures on the walls, and the movements of
the barkeepers, and listening to the chink of coin, and
the really fine music of the band. About the time
SOME NOTABLE SHOPS.
699
this, one of the last relics of gambling saloons, fell
forever out of sight, a new iron fence enclosed the
plaza, fresh grass covered its hitherto unsightly face,
and the citizens of San Francisco looked hopefully
forward to the good time which had been so long in
coming.
The gambler is almost always well dressed. No
class in California are so scrupulously neat in all their
belongings. Nor is he always an idler, knave, or
fool. He knows that his profession is not ranked
among the most honorable, but he does not intend
always to follow it. He would make a fortune and
then retire. He is not without generous impulses,
but they spring, like the sympathy of a spoiled child
or the passion of a femme perdu, from apparently
trifling causes rather than from principle.
The Alta of the 27th of May, 1850, announces the
completion of the Empire gambling saloon and the
main floor of the Parlcer House as one would speak
of the opening of the Suez canal or the bridging of
Niagara. "The room is about 140 feet in length,"
says the editor, "by 50 in width, with a lofty ceiling,
and is decorated in the most magnificent manner. It
is painted in fresco by Messrs Fairchild and Duchean,
and is certainly a most creditable evidence of their
artistic skill and taste. We do not know of any pub-
lic room in any portion of the United States of so
great an extent, or possessing such elegant decorations
and embellishments. Our New Orleans and New
York friends would scarcely believe that they could
be so far excelled in California. The Parker House,
the lower floor, was also opened. The room is of
about the same size, and hanrlsomely fitted up, al-
though not with quite so mucij * legance as the Em-
pire. As yet but one story is completed, but it is con-
templated to carry out the entire building on the same
extensive and elegant plan. The rapidity with which
these places of public resort have been completed
speaks much for the enterprise of the proprietors."
i'.'i
nil
700
GAMBLING.
A writer in the Marysville Herald iaL*s discourses
on banking games. "A banking game," he says, "is
any kind of game played with cards, dice, or other
device, in which one or more persons risk their money
in opposition to the nmltitude. The banker may be
denominated, in the parlance of the day, the inside
bettor, and the populace the outside bettors. A man,
for instance, who deals monte, places before him on
the table a thousand dollars, more or less, in money.
He shuffles and deals the fcards, lays two of them out
before the multitude, and asks them to stake their
money on a guess of which card will win. In this
case the dealer of the cards would be the banker, or
the inside bettor, whilst those who wagered their
money on a guess would be the outside bettors. So
in any other game of chance, where there is an inside
bettor and an outside bettor, tlie inside bettor is al-
ways looked upon as the banker. He pays out to all
who win from him, and takes in all that the outsiders
lose. The games that coir immediately under the
head of banking games, ai which there is no dis-
pute, are faro, Mexican raoute, French monte, rouge
et noir, twenty-one, and most other games played
with cards ; also roulette, the tiger, elephant, and
other wheel games of similar character, sweat cloths,
and all other games played with dice, and many other
kinds of games not necessary to enumerate.
" Lansquenet and rondo differ from other bankin;j;
games in this particular: The banker in the games <>f
monte or faro deals himself, and permits all wiio wish
it to bet against him; whilst in lansquenet and rondo
the bank is generally made by an outsider, and con-
sists of a certain specified sum, which may be tapped
by one or more persons, as circumstances will atlniit
of. It is not necessary that the banker in lansquenet
or rondo should deal himself; any person may do it
for him, but the man who throws up his dollar to 1)0
tapped is as much a banker as he would be if sitting
behind a table with a bank of a thousand dollars deal-
BANKINd (;AMES.
701
ing montc. Lansquenet is dealt with cards, generally
out of a faro box, or sardine box, as it is called.
Rondo is played upon a billiard table with eight small
balls, each ball about the size of a quail's egg, or
somewhat larger, and depends upon the skill of the
l»anker, or his substitute, in rolling an even imniber
of balls into a pocket. If an odd number enters the
pocket, it is called culo, and the banker loses; if an
even number of balls be pocketed, it is called rondo,
and the banker wins. On each winning the stake is
doubled. As, for instance, if the banker connuences
with a half dollar and makes a rondo, he has a dollar
in bank; on a second winning he would have two dol-
lars in bank, and so on, doubling the stake at each
winning, unless he sees proper to draw out a portion
of his capital, which he can do whenever he i)leas('S.
After each second wiiming the table or gamekee[>er
draws out one hnlf of the original amount invested,
as a percentage. This is the game of rondo.
"tfustice Jenks of Sacramento, in an elaborate
opinion, defines a bankuig game as signifying one in
which the manager ()r conductor not only receives tlie
stakes, but also on his own part makes a bank against
them ; that is, when the conductor stakes his own
funds against the stakes of all others who participate
in the game.
" Webster defines a bank to be a collection or stock
of money deposited by a number of persons for a par-
ticular use, that is, an aggregate of particulars, or a
fund that is a joint fund; the place where a collection
of money is deposited, etc. Justice Jenks, in com-
menting upon this definition of a bank, says : ' It is
not necessary that the conductor or manager of the
game should own part of the money. It is sufficient
that a fund is raised, and by any device whatever,
that fund, or any part of it, changes hands by chance
or by skill in playing. The learned justice further
remarks, that in playing rondo two funds are raised,
one against the other, and these funds are as much
p.
ri
■'i!l!
' .
702
GAMBLING
banks as though OM^ned by the person who keeps the
tabic' The justice, in concluding his opinion, says,
'the coincidence existing between the game of lansque-
net, expressly classed by the statute in the list of
banking games, and the game in question, rondo,
compels me to decide by the rule of construction
wliich the statute gives — rondo is a banking game.'
" Now we agree perfectly with Justice Jenks. If
lansquenet is a banking game, so is rondo. They are
precisely similar, although one is played with cards
and the other with balls. The banks in both are
made by outsiders. Tlie table-keepers in both games
have no interest except in the percentage, and in
playing either game, it is not necessary that the per-
son who makes the banks should participate in either
drawing the cards from the box or rolling the balls
into a pocket. It was clearly the manifest intention
of our lawmakers to put an end to all kinds of gam-
bling in our state ; and although the word rondo does
not appear among the proscribed games in the law of
last winter, we are clearly of the opinion that it is
proscribed by that law."
From the time of the gold discovery, which made
all around of the roseate hue, there was an openness
in all kinds of wickedness, a dash and abandon quite
refreshing. Perhaps they play as heavily at the
London gaming houses, and at the German springs,
but the charm and freshness of unhackneyed nature
is not there. In London, or even at the German
springs, one would not often see a Sydney convict, a
i'lergyman not three months from his preaching, a
Harvard graduate, a Pennsylvania farmer, and a New
York newsboy all betting at the same table at the
same time.
In California gambling there is little attempt at
that quasi-respectability, or, more plainly speaking,
humbug, with which the lovers of a money hazard
would fain gloss over their whist, chess, or horse-
PERSONNEL OF THE PliOFESSION.
708
racing. It is the money men gamble for here, and
they have no hesitation in saying so; hence, in a
promiscuous assembly, each is attracted to such game
as he fancies himself an adept in. The billiard-player
gambles at pool, the card-sharper at poker, euchre, or
old sledge, the lover of horses at racing, while the
unskilled or indifferent lay down their gold at roulette,
faro, or monte, notwithstanding in banking games the
table has twenty or thirty per cent the advantage.
The open-handed well-to-do Californian who flings
his dollars around for the mere pleasure of seeing
others scramble for them would call staking a few
hundreds fun rather than gambling ; but the individ-
ual earnest and constant at the tables, whatever the
game or the amount staked, you may be sure is after
* blood,' as he hiinself would tell you.
There is the legitimate gambler, one who keeps a
table and pays his dues to society in shape of license,
rent, and bar bills, like an honest citizen. Then there
is the professional gambler, who, like the itinerant
preacher, may have an occupation without fixed abode.
He may deal, or *cap,' or bet on the outside; he may
grace this or that house or town as circumstances
offer. He is not the legitimate, legalized, solid man
of the fraternity, but he is none the less a professional
gambler. Next comes the gentleman gambler, who
cultivates the hazard of dice or cards as a recreation,
openly and unblushingly. He may deal occasionally
as an amateur, not as a legitimate or professional ; but
usually he exhausts the time in midnight poker or
faro. Tinctured with politics, and ho is welcomed at
political clubs ; if pleasing in manner and free with his
money, women of a certain quality cultivate him. If
a business man, it is necessary for him to be guarded
and sly in his gambling operations ; and if a church-
goer or salaried clerk, the vice proclaimed is absolute
ruin.
In the professional gambler there is or should be
much that is repugnant to the right-minded and hon-
704
GAMBLING.
est workingman. Although the latter, in every blow
he strikes, nut knowing the outcome of it whether it
shall prosper or not, makes a direct appeal to the god-
dess Fortune ; but having honestly struck the blow,
lie feels he has a right in thus making the appeal.
But the shaved and whitc-shh'ted faro-dealer is not
Fortuna, but rather a monev-demon, a soul-subdui r.
an emissary of Satan, a C(muncrcial traveller in the
interests of hell. May he then be honest ? Why yes,
if he does not cheat. Is not Satan honest ? And are
not his agents to be trusted as fully as those of his
enemies, nine-tenths of whom, by their own showing,
each measuring another, are not what they seem.
There is no excuse for crime or wron<»; doinij: but I
have yet to find the man, or class of men or woukii
without nmcli that is y;ood as well as nmch that is
evil in them. The nmrderer and the harlot did nut
become such because they were utterly depraved, but
because they were overtaken by some evil more tlu
fault of their enviromnent than of their original natuiv.
The honest and the chaste may tliank for their uii-
tempted virtue conditions void of the allurement-
which otljerwise might have made them the thni^
they so contemptuously scorn. Tiiousands who walk
the street with head erect, honored and respected,
would long since have met the felon's fate, had their
courage been equal to their desires.
During the flush times games were employed to
suit all tastes. There were the purely games of
chance, as faro, nionte, dice ; games partly of chance
and partly of skill, as whist, euchre, poker, backgam-
mon; games of skill, as chess, checkers, billiards,
(lames which require much thought or skill are never
resorted to for ]»oj)ular heavy gambling. They are t(»o
slow and there is too nmch labor connected with tiieni.
Something more quick and soul-stirring is what is
wanted. Next to the pleasure of winning is tlir
[deasure of losing : stagnation is unendurable.
The term gambler, in California, refers only to the
prof(
one ^
tlie ^
does
bets 1
that i
ever J
alway
dresse
turbal
air, a I
slowly
inclitfei
Servant
sockets
people
contrac
, The «
times if
nature,
tilized ;
is crysti
pom man
innnerse
apl)ear i
^>n thee
f>utchery
f^ion. H
own. C
iii(>n. p
attack a (
t^^'f-ept a
figlits or
stakes to
K;»od-]iuin
United wi
ago. He
Pi'k, but 1
^viJl kill a
Cal.
TYPICAL FLUSH-TIMES CxAMBLER.
708
professional, not being used in the abstract sense of
one who gambles. The grocer deals out sugar and
the gambler cards; he who buys a pound of sugar
does not thereby become a grocer ; neither is he who
bets upon the cards, in California, called a gambler,
that term being applied to a class sui generis. Where-
ever found, in the city or in the mines, one can almost
always pick them out in a crowd. They are the best
dressed men one meets ; their pale, careworn, imper-
turbal)le faces wear an absent but by no means greedy
air, and as they stand listlessly on the corner, cr
slowly and carelessly walk the street, by no mtans
iiiditferent to a pretty female ankle, their calmly ob-
servant eyes, which are somewhat sunken in their
sockets, seem to possess the faculty of looking through
})eople while not looking at them, which habit was
contracted at the gamiiiij table.
The character of the typical gambler of the flusli
times is one of the queerest mixtures in hunuiu
nature. His temperament is mercurial })ut non-vola-
tilized; like quicksilver in cinnabar, its subtle vivacity
is crystalized or massed in suli)hur. Supreme self-
command is his cardinal quality; yet, except when
immersed in the intricacies of a game, his actions
appear to be governed only l)y impulse and faney,
()n the other hand his swiftest vengeance and cruellest
butchery seem rather the nsult of policy than pas-
sion. His crimes are his profession's rather than liis
own. Confident with women, he is audacious with
iiu^n. Prompt in action, expert, he is as ready to
attack a dozen as one. He is never known t< > steal
except at cards; and if caught cheating hv. either
fiijjhts or blandly smiles his sui away, suffers the
stakes to be raked down without a nmnnur, treats
good-humoredly, and resumes the game unruffled.
United with the coolest cunninij is the coolest cour-
ao;c. He is as ready with his pistol as with his tooth-
l>i<k, but ho never uses it unless he is right; then, he
Will kill a man as mercilessly as he would brush a fly
Cal. Int. Voc. 45
706
GAMBUNG
from his immaculate linen. Yet in his lonely dispo-
sition he is not quarrelsome, and never murders ex-
cept professionally. He is a man to be feared, and
in early times he was highly respected. He is all
nerve, electrical in his organization, and depends
wholly upon his own resources for justice and protec-
tion. He knows not fear; life to him is but a shuffle
and a deal, in which the chances have already been
calculated, and death at most is but the losing of the
game — all matters of indifferent moment. In his
disposition he is magnanimous; in his bearing noble;
in his actions chivalrous. He will not do a mean
thing; he discharges his pecuniary obligations with
scrupulous exactitude, thus putting to shame the so-
called English gentleman, and never disputes a bill.
Desperate in an emergency, he is the foremost to
bravo peril; the most unselfish in suffering, and en-
dures misfortune with heroic fortitude. He will fight
for a friend as quickly as for himself, and share his
last ounce with an unfortunate comrade. He will
take every dollar from his victim should chance so
order it, but he will as often give him back a portion
should he stand in need of it. He has even been
known to hand back money won from a simple-mind id
youth, with the advice not to indulge in play until lie
understands it better. Should a secret connnittee of
some mining camp, seized with a spasm of moral re-
form, order him to leave the town, he receives the
sentence with calm equinimity; siiould death be his
portion he meets it with barbaric stoicism.
His pockets are alwa^-s open, but his philanthropy
knows no formula; he will contribute to estiiblisli a
church or a brothel, to support a Sunday-school or a
swindle. He has his code of honor; but such thiii*j;s
as orthodox conscience or conventional morality- he
knows not and cares not what they are. In niatt( rs
of justice he will act the unpopular part of advocate
for a penniless horse thief, or falsely swear an alibi to
save a friend. Over and over are told of them tales
oft!
by s
panic
penal
of w]
rchgii
Tiiere
tJiat ii
tliis p
In tlic
holdtj <
accust(
sary c£
He is I
numb
Ivcencst
tloalino-
patron's,
I»uts on
cut. }r
f'' >id, an
is no tre
tlie coIo]
pression
i'ldifferei
l>ankrupt
once befi
^'vo feati
••Z" life ar
t'vo, and
profession
fonsequer
foinpJacei
ti"Ms of 1
file mere.
i'xlifferenc
fathers, is
'"'ss, but
tiiose wh
THE TYPICAL FORTYNmEE,
707
of the highest heroism ; how one and another stood
by some contemptible, ill-deserving, chance com-
panion, knowing all the time that death was the
penalty of chivalric devotion. Chance is his god,
of whom he is a most faithful minister. Luck is his
religion, and in it he is a firm believer and devotee.
There is but one thing certain about it however, and
that is, sooneror later it will change. To know when
tliis point is reached is the sum of all knowledge.
In the practise of his profession, so long as his luck
lioldb out good he never tires, and takes no rest. He
accustoms himself to do without sleep, and if neces-
sary can go for several days and nights without rest.
He is a temperate man, being far too shrewd to be-
numb his faculties when he requires (jf them the
keenest perception. Every now and then, while
dealing his game, he orders drinks and cigars for his
patrons, but sips sparingly from his own glass, as one
puts on coal merely to prevent the fire from going
out. He deals his game with the most perfect sang
fr )id, and when undergoing the heaviest losses there
is no trembling of fingers or change of expression in
the colorless face, no twitching of nmscles nor com-
pression of lips; eye and manner maintain their cold
indifference, and if compelled at last to announce his
bankruptcy he does it with a smile such as never
once before throughout the game lighted his impas-
sive features. His views as to the common conduct
of life are philosophic ; in manner he is undemonstra-
tive, and in speech reticent. In the practise of his
profession he is bold in his operations, and fearless of
consequences. His listless lounging and grave self-
complacency contrast strongly with the fier}' ebulli-
tions of his surroundinsrs. The restless emotion <jf
the merchant and miner he regards with tranquu
indifference. He interferes little in the affairs of
others, is not specially skilled in matters of busi-
ness, but he weighs and measures the character of
those who play with him with the utmost nicety.
708
GAMBLINO.
He knows perfectly well whether one who draws a
pistol or a knife means to use it ; and on the instant
takes measures acccordingly. His brightly polished
weapons are always at his elbow ready for inmiediate
use, but he never touches them unless he deems it
neccssar}^ and then only to use them. He is studi-
ously neat in his habits, and tends to foppishness in
his costume. In the city his coat is of the latest
cut, diamonds adorn his shirt, his high silk hat is
black and glossy, and with a fancy-headed cane in a
gloved hand he taps his closely-fitting well-polislud
boots. In the mines he sometimes atftcts the miner's
dress, but his woollen shirt is gaily embroidered, and
his slouched hat clean and graceful. A chain i.f
gold specimens linked together is attached to a mas-
sive hunting watch, and massive rings of virgin gold
and quartz encircle his soft white fingers. His sleek
and well oiled hair is neatly brushed, his face clostly
shaven, leaving perhaps a mustache, but never
whiskers long enough for exasperated losers to seize
hold of A fine cloth cloak is sometimes thrown
loosely over the shoulder, and round the waist a brig] it
scarlet silk sash supports his murderous weapons.
When in funds he travels on a fat, sleek mule, wirli
yellow buckskin guantlets, broad-brimmed hat, and
large silver spurs; if overtaken by adversity lie
walks.
The professional gambler seeks the best mines and
the largest crowds. When gold begins to fail he mi-
grates with the miners, following the diggers as the
sea gull follows the pelican. Should the occupants of
one camp become impecunious or disgusted and de-
cline further play, he quietly packs up his tools,
mounts his mule, and is off for another. Thus he
may have to go for mam days before he gets a game.
In mountain towns his quarters may be a log cabin,
with open broad fireplace, larger than the other
cabins, but always occupying a central position. In
tenting times his encampment was conspicuous for its
ample
juid iti
ItM
I'ranci
•sion wi
III 185
i'lgs de
^^'ore tl
^ ous, tl
d;th. J
'•y coil
«l>lendoi
\vas sup
^\( re gre
fine Iarg(
• xtendin,
from the
tlie mino
"f coin a
"■<'>N like I
^>i'i,i,^htnes
Til ore 1
tables on
.u'lttorino-
and bag's
"'iglit clio
gaiiibling
Withdi
pi'oniiscuoi
1 ill 're wer
••^'id sliinin;
*'"s; miner
• 's CJiilian
a'l'i China]
tontly watc
smoking, c
aiul then dr-
IN THE CITY.
709
ample accommodations, the whiteness of its canvas,
unci its gay trimmings.
It was in the larger cities, however, such as San
Francisco, Sacramento, and Marysville, that this pas-
sion with the most unbriddled license was displayed.
Ill 1850 on two sides of the plaza were brick build-
ings devoted almost exclusively to gambling. There
wore the El Dorado, the Bella Union, the Rendez-
vous, the Empire, the Parker House, and the Veran-
dah. Here large halls were fitted up, some of them
Ity companies formed in France, with oriental
splendor. In one the ceiling, rich in fresco and gilt,
was supported by glass pillars, pendant from which
were great y;lass cha:ideliers. Around the walls were
fine large paintings of nude female figures, and mirrors
extending from floor to ceiling. Entering at night
from the unlighted dismal street into an immense
iDom lii^hted with dazzling brilliance, and loud with
the minified sound of nmsical instruments, the clink
of coin and glasses, and the hum of human voices,
was like passing from the dark deptlis to celestial
brightness.
There were long rows of leather-covered mahogany
tables on which were temptingly spread out heaps of
glittering gold and silver coin, nuggets, slugs, bars,
aiul bags of dust, and whore tlie votaries of chance
might choose from every game known to the civilized
gambling world.
With difficulty one elbowed one's way through the
promiscuous crowd that here nightly congregated.
There were men in black clothes, immaculate linen,
and shining silk hats, merchants, lawyers, and doc-
tors; miners in woollen shirts, greasy Sandwich Island-
ers, Chilians, and Mexicans; Irish laborers, Negroes,
and Chinamen, some crowded round the tables in-
tently watching the games, others lounging about,
smoking, chewing, spitthig, drinking, swearing, now
and then dropping a dollar, or a five, or ten, or twenty.
^.r,M
710
GAMBLING,
or fifty-dollar piece, with real or well-feigned indiffer-
ence as to the result. Now and then the games were
momentarily interrupted by the crack of a pistol, and
the loungers became a little deuKiralized as the ball
whistled past their ears and lodged in the wall. If a
man was killed or wounded he was taken out, but the
nature of the affray was left to be learned from tlio
morning papers, and in a few moments all was as h.'-
fore. Some of the saloons were open day and niglit,
and paid enormous rents; six thousand dollars a
month was paid for the El Dorado. There were also
many private clubs or suits of rooms, where the play-
ers were more select and play ran higher. Notliiiig
but gold coin was used in these i)laces, and tlie stakes
ran into the hundreds and tliousands. A bet of any
sum less than five dollars was regarded as contemi>ti-
ble. These rooms were often graced or disgraced l)y
the presence of beautiful women, and sumptuous sup-
pers were served, with the best of wines, all free to
the i)atronizing visitors.
Like those of the pretty-waiter saloons and dance
cellars of later times, the band may be an orchestra of
regular nmsicians, a company of negro minstrels, a
quartette of Mexican guitars, a piano, or if the room
and counters be celestial, a Chinese scrape, squeak,
and slam-bang.
Gambling from 1849 to 1852 was followed in Sau
Francisco as a regular business, and there was no dis-
grace attached U) the profi'ssion. Among tlie dealers
of gambling games at that time were some of the
most influential and talented citizens. But they were
a transient race ; they have gone forever. As a more
refined civilization crept in and overwhelmed the low,
the loose, and the vicious, gambling sank into disre-
pute. Law drove it behind locked doors and into
windowless rooms. Then the gay gamblers of the
olden time left the profession to a different class, niicl
sought out new fields of distinction, perhaps in poli-
tics, law, or speculation.
MONTE AND FARO.
711
The position of monte-dealer is a most trying one.
Surrounded by the clamor of the crowd ; his t'yes,
while apparently intent on his cards, closely scru-
tinizing the faces and fingers of the Bettors be-
fore him; his mind meanwhile occupied by the
progress of the game, which involves intricate
and continuous calculation ; then, should he wish
to indulge in feats of skill or cheating, he must
perform them at the peril of his life, under scores of
eyes riveted with vigilant scrutiny upon his fingers,
and be ready at any moment to resent, if deemed best,
with knife or pistol, the merest suspicion of dishonesty,
sliould any one of the players imprudently intimate
it. Faro was considered the more dignified and re-
spectable of all the games, and was played mostly by
Englislimen and Americans, while monte was a favorite
with the French and Spanish. Besides tliese were
roulette, rouge-et-noir, rondo, vingt-un, chuck-a-luck,
with dice, and many other games.
The usual stake was from a dollar to five dollars,
though it was not unconnnon in the flush times to see
hundreds or even thousands ventured on the turning
of a card. A bet of $20,000 was once made at a
faro game and won by the customer. The dealer
counted out tlie money with as nmch nonchalance as
if it liad been twenty dollars he had lost instead of
twenty thousand. There is something fascinating in
standing by and watching the game, as the painted
cards turn up their leering faces and read the [(layers
the meloilrame of their folly. It seems like siiorting
with destiny, and telling out tV'o tale of life by wor-
shipful spots and figures.
It is a fine thhig to get a peck or a bushel of gold
just by betting for it, and tlie tremulous rapture of
mingled hope and fear is almost compensatitui enough
even if one loses. And after all "bucking" at a faro
bank was no more uncertain and nmch less trouble-
some than staking time and sinews against the Sierra's
secret pockets and auriferous banks. There are men,
'm
fi*;
712
GAMBLING.
among whom may be classed Sonorians and Chilians,
who mine only that they may gamble, whom neither
hunger nor thirst nor any other known incentive could
stir up to labor. No matter how purely the game is
one of chance, the player arrogates to himself some
certain skill. Luck, like the stellar system, has its
law which patient study is sure to develop. Then
every one has his own individual luck, which like a
personal deity, should be conciliated; so tliat, very
naturally and very properly, the player, if he won,
could thank himself for it, whereas, if he lost, his luck
was at fault.
The gambler, when play grew slack, would stroll
away, sometimes leaving his table unguarded in the
midst of a heterogeneous crew of cut-throats, tempt-
ingly loaded witli the stuff all men covet, apparently
regarding it as safe as if locked in the vaults of tlie
bank of England. Few possessed the temerity to rob
a gambler, and least of all hi a place where sununary
justice would be quickly meted out by the bystanders.
In certain localities, various games were paraded
hi the street, or from low shops opening on the side-
walk. One would deal three-card monto on the head
of a barrel; another would tempt the gaping crowd
with thimblerig played with a golden pea upon his
leg ; well-dressed young men and boys, as well as vll-
lainous-lookhig cut-throats would follow soft-looking
strangers about the streets offerin<j to bet $100 or
$200 on some trick which offered to the outsider an
apparently sure thing. On Long Wharf, whc>re at
that time were most of the arrivals and de[)artures to
and from San Francisco, this base traffic was plied
most persistently. At almost every hour of the day
or nioht the cries of the French monte-dealer mijifht
lie heard: " The ace of spades 1 the ace I the ace I A
hundred dollars to any one who will tell tlie ace of
spades ! " But these were the bohemians of the frater-
nity, of very different metal from the regular artist,
Gathered round the table are men of all nations,
play
turc!
lean,
play(
eyes,
and J
inay
M(
consi(
ties ft
-^fexic
til ere
witli t
it cam
feature
H'ill SI
niakeri
Innu
the slir
told tal
A y(
niission
Fifteen
^v!len, i
liave al]
tlie mil
i>itched
to his d
Allot
lionio.
I'eiiiaindi
«it a nion
^^'cre ad(
took the
tlie reme
A 1ms
^'laku his
to stay.
SOME EXAMPLES,
m
playinpf or watchin;^ with morbid curiosity the ven-
tures of others. There you may always find the Mex-
ican, the most constant and the most intrepid of
players, with his broad sombrero drawn well over his
eyes, and in his bright-colored serajie, symbol of pride
and ])overty, are placed his well-worn weapons. You
may be sure if he is not playing he has no money.
Monte is the favorite game of the Mexican, as he
considers the chances nearer equal and the op[)ortuni-
ties for foul play smaller. Between the experienced
^lexican <;ambler and the iimocent, audacious Yankee
tliere is a marked contrast. The former gambles
with the coolness of a fatalist; what nmstbe, will be,
it cannot be changed. The latter, with tongue and
feature, displays anger or joy at every venture ; lie
will succumb before no destiny ; are not Americana
makers of destiny ?
Innumerable are the stories told of worshippers at
the shrine of the fickle goddess, beside the many un-
told tales.
A 3'^oung man from the mines conceived it his
mission to break a gambler's bank in Sacramento.
Fifteen hundred dollars, his all, were speedily lost,
when, turning to the gambler, he exclaimed, "You
liave all my money ; give me an ounce to get back to
the mines with." Without a word the gambler
])ltched him a doubloon, and the young man returned
to his diijjjjin*;.
Another arrived in town with $19,000, on his way
home. Depositing $10,000 with a friend, with tlie
rcinalnder he entered a brilliant saloon, seated himself
at a monte table, and began betthig Soon the $3,000
were added to the bank. The infatuated man tlicn
took the remainder of liis money, and notwithstanding
the reuKmstrances of his friend, staked and lost it all.
A husband and father having secured sufficient to
iiiakii his family comfortable, determined to go home
to stay. The night before he was to have started,
^ «
714
OAMBLINO.
being overcome of liquor taken amidst numerous fare-
wells, he staked and lost all his money at the monte
table. Overwhelmed by the thought of what he hail
done, In his drunken frenzy ho seized his lost gold and
broke away with it, when the dealer drew a pistol
and shot him dead. He had written home that he
should arrive by the next steamer 1
A miner entered a Sacramento gambling house with
$5,000, and sat down to play. In less than an hour
he won .^100,000. Continuing with the determination
to break the bank, his winnings were reduced to
,^r)0,000, when thinking bett'jr of the undertaking, he
pocketed the njoney and withdrew.
A graduate of Harvard law school came to Califor-
nia in 1850. He was betrothed to a charming girl,
whom he hned devotedly, being willing to endure the
pangs of separation and tlie hardships of unaccustomed
toil to secure enough to support her. He worked
fait] 1 full V on Feather river for ten months, durin*i
which time he lived temperately, and neither drank
n. r gambled to any extent, llaxing secured some
$12,000, he concluded to return homo, so packing up
his I'rt'ects he went down to the bay, put up at a hotel
in San Francisco, and there waited the departure of
the steamer. In strolling through the gambling
houses of the town, listening to the "Home, Sweet
Home," or other nmsic of the bund that stirred his
heari and carried him back to other scenes, as every-
body did in those days he now and then dropped a
coin on the table, more for pastime than any desire of
iiain. One nijjlit he allowed himself to be tarried
away by the fascinations of the game, until almost
before he was aware of what he was about, more than
half Ills money was gone. Then in a moment of pas-
sion tlie infatuated man took the remainder, and rais-
ing his hand and bringing it down upon a card with a
heavy blow, cried out, " Home or the mines I " Slowly
the dealer drew the cards that told the rash man's
destiny, and breathlessly he waited who thus invoked
HOME OR THE MINES.
716
his fate. Another instant, liis muscles relaxed, and
he sank back hito his seat witli the hoarse whisper,
"The mines, by Godl"
One day a monte-doaltT appeared upon a bar which
was yielding good returns and making rich its diggers.
It was a virgin field ; no one of ids profession had ever
before outspread his encliantmenta in tliat locality.
Tlie camp was stagnating for an excitement; its occu-
pants were ready to seize u[)on any pretext for relax-
ation from Iheir long and profitable labor. They had
no more disposition to bet than they had to fight
IiidiaMs or hang a horse-thief, l)ut they were eager
for any excuse wliich should enable them to rest their
limbs, distract their minds, and increase their pota-
tions. The "sport" took up his quarters at the best
saloon, and drawing forth several bags of lieavy dust,
round and fat, and gold doubloons and silver Spanish
dollars, temptingly heaped them upon his table. After
invithig all hands to drink, he seated himself behind
his bank, placed his weapons conveniently, then care-
fully unrolling a cliamois-skhi package, he produced
several packs of thin tough well-kept monte-cards,
which he deposited, not without an eye to effect, be-
side the gold. Taking up one pack after another, he
carefully examines each, observes closely the backs
and edges, counts them over several times to see that
none are missing, for if short or over a single card Jiis
opponent might claim the whole of any ;3tako whether
he won it or not. Selecting a pack which best suits
his fancy, he dexterously shutttes them long and thor-
oughly, passes them to be cut, then holding them sci-
entifically half crushed in his soft white hand, with
the faces downward, he draws from underneath tlie
bottom two cards, and tlircnvs them face ui)permost
on the table, crying, "All ready 1 Comedown; make
your game, gentlemen; seven of spades in the door;
the game is made ; all down. No morel" Meanwliile
tlie miners who had taken their seats at tlie ends ajid
opposite sides of the table from the dealer put down
'
r 1'
716
GAMBLING.
their bets, some on one card and some on the otlier.
Then tummg up the cards, the dealer begins to draw
from the top, and the game goes on.
At first the gambler lost heavily ; yet quietly, with
uninipassioned face he continued, and the miners were
elated. The saloon-keeper drove a thriving trade, and
all warmed up to the business. Others came, in twos
and threes, until not a man was left at the diggings.
Work being thus suspended, the camp yielded to the
seductive influence of play. At length luck left the
miners. The gambler won. Gradually the pile on
the table enlarged until after three days of roaring
jollification the miners were bankrupt. The gambler
and saloon-keeper had all the money. Instead of
returning, with their returning senses, to their work,
two thirds of the luckless and chagrined individuals
left the camp within a week.
There was a beautiful little French woman who
kept a roulette table at the north end of Montgomery
street. There were many such in San Francisco.
The room was elegantly furnished like a boudoir.
The syren sat behind the table, elegantly arrayed in
black silk, her face fronting the open door, whirling
her wheel most bewitchingly Before her lay a pile
of silver dollars and gold ounces. A tall bony New
Englander, brought up on mush, catechism, and
Poor Richard's almanac, passing by stopped to survey
the scene. He caught the infection. Throwing
looks of languishing love into her melting eyes, gaz-
ing upon her luscious lips and voluptuous form, he
entered and seated himself before her. First he lay
down gold pieces, then silver, all the time almost in-
variably losing. Then he brought out a watch, then
another watch, and another. He had had a lucky
game of poker the night before which accounted for
the watches. The charmer swept them all to her
side of the table. Finally he drew a ring from his
finger.
" Combien ?" asked the woman.
GOING A "BUND" AT MONTE.
717
"Three ounces," answered the New Englander
despairingly.
"Ohl no, no, no," laughed the garaestress, "une
montre, pas plus."
The ring brought Imck one of the watches, but the
next whirl swept them both away and the man retired
to meditate and begin the world anew.
It was a common practise for miners to lay an un-
opened bag of dust upon a card, call the amount of
his venture, and if he won receive the same from the
dealer without opening his bag at all. At Stockton
in 1850, a 'sucker,* as one of his nativity was called,
entered a gambling saloon and cast his eye over the
several monte tables. It was an eye which with its
surroundings resembled a dead coal dropped into a
can of lard. In long bristles the hair hung from a
flat rakish head resting on shoulders fit for a Khodian
Colossus, and surmounting a puncheon-shaped body
stuck upon keg-like legs. Stepping up to a table
which seemed to strike his fancy he leaned over and
peered into the face of the dealer.
"D* ye 'low a man to bet his pile on one kyerd?"
he innocently asked.
"Yes, you may bet your pile," answered the dealer.
After a long search within the folds of his shirt he
drew forth a bag containing his treasures and slapping
it onthe 'caballo' exclaimed : " I go two ounces on that
hoss." The first time he lost; the next he won.
Half an hour of fluctuations saw the lUinoisan loser to
about the extent, as the dealer thought, of what the
contents of the bag would cover. Hence the game
waa arrested and the process of settlement begun,
"While the dealer was adjusting the scales, the little
thick man stood immovable as ft pillar, a roseate hue
meanwhile mounting his flabby face; but when the
bag was open and bits of lead instead of gold greeted
with dull unwelcome stare the gamblcrs's gaze, tbe
tub-like man began to revolve, and gathering mo-
mentum as he approached the door, disappeared amidst
lis
GAMBLING.
the uproar of laughter, flying tumolers, and broken
curses which followed.
One night, a Mexican with his face half con-
cealed in an old serape, entered the El Dorado, and
edging his way through the crowd stepped before a
monte table, After following the game for a short
time, he drew forth an old linen bag of coin, supposed
of course to be silver dollars, and placing it upon a
card leaned over the table, and — apparently forsaken
by his usual stoicism — watched the dealer's fingers
with breathless anxiety. The Mexican won; ^ <e
dealer with quiet indifference pulled the bag over to
him, untied the string, and emptied out the contents.
His face turned white as a sheet, even his customary
coolness deserted him; for out of the bag had rolled,
not silver dollars as every one supposed, but golden
doubloons, more than enough to break the bank. The
gambler, however, borrowed sufficient from his neigh-
bors and paid the Mexican who withdrew as quietly
as he had entered.
One day a Mexican rode up to a gambling saloon at
the Mission Dolores. Dismounting, he tied his horse,
entered, and began betting. Soon his money, pistols,
and all his belongings were gone. Finally his horse
was staked and lost ; but this was more than he could
endure, and he detennlned to save it. As he rose
from the table he managed to upset it, and while all
were engaged in picking up the scattered money, he
slipped out, mounted, and galloped away.
There was in San Francisco, about 1855, a specu-
lator whose business consisted in organizing lotteries
on a scale hitherto unknown. He went to Europe
for the purpose of collecting an interminable assort-
ment of objects of all kinds suited to the American
taste, and during several months had a great exposi-
tion in one of the principal toWns of the Union, used
all kinds of wise stratagems to announce it, and ended
by realizing a profit of $50,000 or $60,000. The col-
lection which he exhibited at San Francisco was a
gall,
ateu
Titii
Jotte
was
W
erat(j
offb^
recov
for t
enoui
he ge
at th
would
and k
lose it
known
an asy
The
early j
what 1
introdi
less iut
and be
shroud(
is the I
receivt(
the ear
the stii
dered, t
means
into fai
has lost
tlie mar
and exc
gay and
almost,
play wit
THE SCIENCE OF POKER.
719
gallery of pictures, which were much admired by am-
ateurs. They were miserable copies of Reubens,
Titian, etc. , but the lucky ones who drew them in the
lottery had perfect faith in their originality, which
was guaranteed in the catalogue.
Wliile threshing near Marysville, a man with invet-
erate gambling proclivities had both of his legs torn
off by the machine. As soon as he had sufficiently
recovered, he started on a tour through the mountains
for the purpose of raising by subscription money
enough to buy him two cork legs; but no sooner did
he get together $100 or so than he gambled it away
at the firbt gaming-table he could find. Then he
would start out agam, trailing the ground on crutches
and log-stumps, begging more money only to bet and
lose it again, until his untoward ways became generally
known, when he was arrested and incarcerated in
an asylum.
The following tribute to the game of poker was
early paid by an able writer. " We do not know in
what happy clime the great game of poker was first
hitroduced ; the name of the man out of whose fathom-
less intellect it soared into the world of created things
and began to fascinate the hearts of the people is
shrouded in oblivion ; but we do know that California
is tlie land where the game has been most favorably
received and industriously cultivated as a science. In
the early days the passion for taking chances, which
the stirring incidents of mining life naturally engen
dered, and the want of more refined and ennobling
means of amusement caused it to be taken at once
into fjivor by the Californians; and in later years it
has lost nothing of its singular popularity — rising with
tlie march of civilization, from the cabin to the palace,
and exchanging the plebean bean, as a marker, for the
gay and ornamental ivory cliip. Every Californian,
almost, understands the nature of the game, and can
play with more or less art, according to the measure
790
OAMBUKG.
of his intellect, and the opportunities he has had for
becoming proficient." The future historian, whose
name will naturally be written on the highest peak of
the sun-crowned Sierras of fame, on whom shall fall
the godlike task of tracing the rise and progress of
draw poker in this state, will find the pathway that
leads him back in his researches to the barbaric splen-
dor of 1849, strewn with rich incidents and racy anec-
dotes of notable "hands" that have been held, heroic
"calls" that have been made, and gigantic "blinds"
that have been promptly seen."
In September 1858 a little game of "draw" was
played on the classic banks of Georgiana slough, in
Sacramento county, which is worthy of notice, for the
reason that it proves the plastic character of the game,
and the illimitable resources that it affords the skillful
and experienced gambler. One evening a young
man, named Stone, who had been de\ oting his atten-
tion to the cultivation of sweet potatoes on the slough,
and had just disposed of his crop, was seduced into a
triangular game of poker with two professional players,
Budd Davis and Garland Adams, who, of course, had
entered into a conspiracy to pluck the young and in
experienced potato-merchant. Retiring to a little
cabin in the suburbs of Georgiana, the trio sat down
at a rude pine table, one corner of which was gar-
nished by a descendant of the house of Bourbon, of
the capacity of a quart, more or less, and by the dim
and flickering light of a tallow candle, began to court
the favor of fortune. Stone was rather a flhity sub-
ject to handle for the reason that he would not drink.
and was so excessively cautious that he would not bet
unless he held an almost invincible hand. For a time
the gamblers were undecided, and played along in
meditative silence, winning but little more than tl.c
mere ante-money from Stone, who paid no attention tt)
the presence of the royal visitor, and could not be
coaxed with ordinary full hands and fours to loosen
hii grip on the potato^moaey. Budd Davis finally
DIVERS ILLUSTRATIONS.
721
took a long pull at the bottle and wns equal to the
emergency. He dealt the cards. There waa some
betting before the draw, and soon things began to get
lively. Before the draw, Stone held a pair of kings ;
he drew to his kings, and colored to the very roots of
his hair as he picked up the cards he had drawn, and
found two additional kings and an ace — making his
hand absolutely invincible. His agitation was plainly
visible, his hand trembling pitifully as he saw Adams*
bet of $20, and raised him $180 back. Good heavens I
can it be possible that Budd Davis is going to play
against that invincible hand ? Yes, he slowly counts
out the twenties until he has seen the $200 and goes
$260 better. Adams steps out for the appearance of
the thing, and an ominous silence reigns round the
board. Stone has $420 in his pocket, but a suspicion
that something is wrong begins to dawn upon his
mind and the flush fades from his face. He sees no
way of escape, however, and stands the raise. The
hands are shown down and Budd defeats his four
kings and an ace with four aces ! Of course, in gam-
bling parlance, he had lifted a cold hand on the young
man, that is, one already prepared from another deck
of cards and secreted somewhere about his person.
He was arrested at the instance of Stone, and tried
before a justice of the peace, but was discharged without
Itunishment. After that, we presume. Stone devoted
his attention to raising potatoes instead of raising
bets and going it blind.
I do not know of any other time or place where
could be found a servant of the living God going to
an emissary of Satan for aid to build a temple to the
former, for the express purpo.se of utterly confounding
and placing under foot the latter. It was not a very
praiseworthy act for the preacher to go to the gam-
bler on such a mission, and of the two the man of sin
shows to the better advantage. The omnipotent
Cal. Int. Poc. 46
722
GAMBLING.
creator of the universe begging of the devil a few
dollars to help build a church I
It was in Sacramento in the winter of '49-50, and
the man was a well-known baptist clergyman.
Passing a gambling shop and hearing the chink of
the much desired metal, he entered, approached a
table, and made known his want to a man with an
open pleasing face, who was busy bucking at the tiger.
'Church, oh yesl People want churches as well
as gambling houses. How much do you want ? "
"Whatever you choose to give," blandly replied
the preacher.
"Well, you see the twenty on that card. If it
wins it's forty, and it's yours."
It won and the preacher took the forty dollars
from the courts of Belial to give it to his God.
"Hold on," exclaimed the gambler. " I have a ten
on that other card. You may have that." It won;
and the preacher desired to be off. "Stop a minute,"
cried the man of sin. "Put your sixty dollars on
that card, and you'll have a hundred and twenty
sure, and if you'll stand by me we'll win enough to
build the whole damned concern."
"Who do you belong to?" apked a passenger of a
colored boy on the Sacramento boat bound down
in 1850.
"Don't know, sir," was the reply.
" Why don't you know ?"
"Well, when I come aboard. I blong to mass Sam
White, but he went me on two little par, and de clerk
ob dis boat he win me. Den Kernel Smiff he beat <lo
clerk on a bluff, and he had me last; so I can't tell
who I b'longs to till the game closes."
Many a man has fancied in vain that he has or can
devise a system by which he can surely win in tlie
long run. " One of the marvels of San Francisco," says
an English adventurer, " is its instant transformation
at a (
into J
stores
Jlng I
lifc, op
cit J w
and b
usual
few w
the pi]
I foun
it mig]
fortune
directi(
a table
ing. i
was rai
interva
"K
outside
good tu
"'Y(
sume ? "
'"Ce
"'Th
"'W
win ? •
" 'Dil
"'Bu
the inte
stake is
of winnii
" ' No
how yoi
just the
win as n
of the ba
" ' The
I see peo
GOOD ADTtCE.
723
at a certain hour each evening from a place of business
into a city of hells. The closing of the offices and
stores is the signal for the opening of a host of gamb-
ling saloons. They are all on the ground -oor, well
lit, opening on the streets, and so numerous as to ex«
cit .! wonder at night as to where the stores can be,
and by day where the saloons are. These are the
usual evening resort of all classes. And there are
few who do not occasionally attempt to win some of
the piles of gold and silver that glitter on the tables.
1 found myself strongly attracted by the thought that
it might be possible to cut my labor short by a few
fortunate ventures; but I had not done much in one
direction or the other when I found myself playing at
a table where one of my fellow-passengers was deal-
ing. As I had barely observed the man on board, I
was rather surprised by his whispering to me in an
interval of the game:
"'Keep your money in your pocket, meet me
outside at noon to-morrow, and I can do you a
good turn.*
" * You come to California to make money I pre-
sume ? " was the greeting when we met next day.
*' * Certainly,' I replied.
" 'Then take my advice,* said he, 'and don't play.*
" ' Why,* I asked laughingly, * is it so difficult to
win?'
" * Difficult 1' said he, 'it's impossible.*
" ' But wlien the chances are so nearly even, surely
the interval between the minimum and niaximuiu
stake is great enough to allow almost a certainty
of winning,* I said.
" ' Not a bit of it,* was the answer. * No matter
how you arrange your stakes, in the long run it is
just the same as if they were all of one size; you'll
win as many as you lose, and have the percentage
of the bank against you.'
" ' Then all those symptoms and calculations which
I see people following are a delusion ? '
724
OAMBUNO.
" ' Entirely so. Thejr are merely playing against a
certain event, which is bound in the long run tu
happen just once in the time it takes for them to win
as much as they lose when the event happens ; so that
they can make nothing by it.*
" 'But surely some events are far rarer than others,
and may be considered impossible/ I observed.
"'Nothing is impossible to the cards, because the
events don't depend on each other,' was the answer ;
and he continued. 'This dollar has only two sides;
suppose I toss it up and you guess wrong, does that
make you any more likely to guess right next time ?
Certainly not. I've seen men guess wrong more than
twenty times together. Besides, if you play only
against a very rare event, your winnings will be pri)-
portionably small; and consequently, in order to
double your capital, you must play so long as to give
the event a good chance of happening. Suppose you
play against losing ten times running ; you can tell
exactly how often you will do so by reckoning how
much your stake becomes if left on to win ten times
running. One piece doubled up ten times becomes
a 1024 ; therefore just once in that number of coups
you must lose or win ten times running; and you
must play that number of coups to win as much as
you lose when it comes. The game can't be played
without risking to lose as much as you can win, and
the best way of doing that is to put down the wholo
sum at once. You have just as good a chance of
doubling it as by any way of dividing it into uuall
stakes, and you don't expose it to being dribbled away
in percentage to the bank. But if you are wise you
won't touch the thing at all. I noticed you in the
Killoojiey, and though we never spoke that I recol
lect, I took a liking to you, and I don't mind telling
you that you are too good for the business. If you
have won keep what you have got, and if you have
lost put up with it. No gambler is ever the richer for
winni
tiirouj
(i ar
fessioi
in fi^u
possibi
tern m
In a gj
the lor
time tt
the ma
extraor
it. li
do not I
pf winn
interest*
until th(
have ma
which a1
fortunate
ence, I g
soon den
when I
leave off
being ev<
Ifc wouldii
such an c
down for
labor, ma
should be
Every un
doubtful
Every pro
tJie future
that cannc
"ThisC
Perhaps t
deeming p
Probably
THE DOCTRINE OP CHANCE.
725
winning, and many a good man becomes a scoundrel
tiirough it.'
" Two or three further conversations with my pro-
fessional friend, and a careful analysis of the chances
in figures, convinced me that he is right as to the im-
possibility of winning by systematic play. Any sys-
tem may win for a time, but all must lose eventually.
In a game of pure chance, luck is everything; and m
the long run that must equalize itself. In the mean-
time the bank is gaining a certain steady profit, and
the maximum stake is placed so low as to prevent any
extraordinary event from inflicting a serious loss upon
it. I have discovered that I am no gambler, since I
do not care to play unless I think I have a certainty
of winning. I can quite understand any one being
interested in constructing various systems to play by
imtil the discovery conies that none are infallible. I
have made several, and examined many more, each of
which at first seemed as if they must win forever ; but,
fortunately, instead of testing them by actual experi-
ence, I showed them to my professional friend, who
soon demonstrated their weak points. He says that
when I thoroughly understand the chances, I shall
leave off figuring. He says the very fact of a chance
being even makes it impossible to beat it, otherwise
it wouldn't be even. It is a great pity. It would be
such an easy way of making a fortune if one could sit
down for a few hours a day, and, without risk or
labor, make a certain sum. I don't see why there
should be such a prejudice against gambling in itself.
Every undertaking in life is a venture more or less
doubtful. All these merchants here are liable to fail.
Every profession, marriage itself, is a lottery, in which
tlie future happiness of a life depends on an experiment
that cannot be undone.
" This Califomian expedition of mine is nothing less.
Perhaps the necessity of labor and judgment are re-
deeming points in all but mere chance speculations.
Probably the real evil of gambling consists m its
726
GAMBLING.
looking onl^^ to the end or reward, and aflbrdlng no
employment for the higher faculties in the pursuit.
" It is impossible to fancy any artist attaining a high
degree of inspiration who thuiks solely of the money
he is to get for his work. I see how it is with me.
In this, as in all my other engrossments, I have boii
seeking for the absolute. It seems to me a species of
atheism to say that there is no infallible system, even
for playing monte. The remark that 'in the long
run nothing is impossible, because the events do not
depend on each other,' seems capable of being ai>plied
to a very different line of thought. If in the long run
of events all things can happen, there can be no doni-
onstration of a special providence, neither can a man
who believes in the absence of a controlling will or
character have any reason for objecting to any system
of religion on the score of its improbability. However
great niay be the chances against an event, tlio-se
chances are only against its occurring at any given
moment. If the opportunity be repeated exactly as
often as there are chances against the event, it is an
even chance that it occurs once in that number of
times. If oftener, the chances are actually hi favor
of its happening. It is an even chance every time
whether red or black wins; yet I am told that one
has been known to win thirty times together. The
odds against such a series are over a thousand millions
to one ; but in that number of attempts it becomes an
even chance that it occurs. And, inasmuch as tlie
past and future are entirely independent of each other,
the most improbable event may show itself directly
the game begins, and may be repeated many times in
rapid succession. Moreover, an event is brought no
nearer to happening after the game has gone on for
an indefinite time without its coming. It does not
become more likely after, or less likely before, many
hands have been dealt. Under the government of
chance, therefore, the most violently improbable
event not only may, but must, sooner or later occur."
O
were
the ]
they
coun
man^
Tlie
befor
the si
theb
to In(
An
tall ai
and 8
wliich
Duke
so nob
this Wi
He
or smt
and sl(
mind,
dwellin
the wh
had noi
as he w
He
and as
rather
wealth,
which
the mou
There
time ev(
sional gj
rum-sel]<
fraternit
ON RICH BAR.
727
So ai^ued this Englishman.
On Rich bar of Feather river, a wild rocky region,
were gathered in 1852 a community consisting fur
the most part of experienced miners, old Californians
they might almost call themselves, having been in the
country during those days of rapid development,
many of them for the full period of three years.
The houses were mostly of cloth in the spring, but
before winter log cabins were scattered along
the stream, with great gashes cut by the miners in
the bank hill-sides at short intervals all the way down
to Indian bar.
Among the rest was a young man of fine physique,
tall and strong, well built, broad shouldered, muscular
and sinewy, with an open, frank, intelligent face,
wliich commanded at once friendship and respect.
Duke John was the nickname the miners gave him,
so noble was he in mind, and heart, and bearing, and
this was all the name he was ever known by there.
He was steady in all his habits; he did not drink,
or smoke or gamble; he took care of himself, ate
and slept regularly, and rested on Sundays. His
mind, which evidently had been >ultivated, seemed
dwelling on some object or purixjse which buoyed up
the whole man, for in his daily work, to which he
had now become quite accustomed, he was as happy
as he was prosperous.
He had some money when he came to the bar;
and as he confined himself to coyoting in the banks
rather than fluming the river bed, he added to his
wealth, until there was of it some $20,000, with
which before the snows set in he intended to leave
the mountains and return home.
There were gamblers here of course. By this
time every prosperous mining camp had its profes-
sional gamblers, as surely as its butcher, doctor, or
rum-seller. The very fact of the presence of the
fraternity, in fat, sleek proportions, was the best proof
OAMBUNO.
of the prosperity of the miners. There was one
gambler in particular, Hudson his name was, a
modest and refined fellow, thoroughly honest and
sober — even though his hair was of the dissembling
color, red — who attended to his business as faithfully
and methodically as did the merchant, the miner, or
the baker, dealing usually till twelve o'clock at night
on Indian bar, and then walking up to his boarding-
house on Rich bar to sleep. Hudson every day
passed by Duke's claim ; and though each had a good
word for the other, and there existed the best of
feeling between them, Duke never thought any more
of patronizing Hudson's game than of hiring the
doctor to amputate a perfectly sound leg. He did
not want the gambler's money ; he was very sure he
did not want the gambler to get his money ; he had
other thoughts and occupations for both his mind and
money than gambling. It had been so with him
ever since he was in the country, now three years ;
he lived a perfect life, amidst many wild and abnormal
doings, and all without knowing it.
One Saturday night, after a hard week's work,
during which he had been much alone, feeling that
he would like to meet and talk with the boys, lie went
down to Indian bar, and entered the large canvas
house which stood in the middle of the town and
served as drinking, gambling, and general congrega-
tion shop. With its strong subdued light radiating
far into the darkness, while yet upon the high divide,
separating the two bars, the wayfarer looked down
upon it as on a great glow-worm ; or if fancy struck
another strain, then as the canopied entrance to the
Anacheron pit.
It was early yet, and gambling had not fairly set
in. To drinking saloons and gaming tables Duke
John was as indifferent as to the pack-saddles and
molasses kegs of the merchandise store when he had
no need for either. He would not drink at a bar any
more than at a brook when he was not thirsty. His
DUKE JOHN.
blood was warm enough, and ran its happy course
through healtliful veins; why should he want to
quicken it with poisonous draughts? He knew some-
thing of cards, of course; he had seen the manipula-
tion of them with checks and coin and gold-dust so
often and continuously of late that he knew the various
games as well as any one. Indeed, he did not refuse
to play upon occasion, or if he felt like it ; he was no
prude or fanatic, nor was he at all afraid of himself; he
was his own master, but he was no gambler — that
everybody knew — and he really never felt any desire
to play.
There was a poker game in the room, which had
just started. Two of the persons sitting at it Duke
knew; the other two seemed to be late arrivals — one
of them was clearly not a miner, or woiking-man, but
from his dress and manner would be called a sport.
The other stranger was of that nondescript cast which
would not surprise a bystander to see it assume any
shape at any moment. Duke seated himself on a
bench by the players with his back against the wall,
and listlessly watched the game while discussing the
news of the day.
Presently his friend was unexpectedly called away,
and as he rose to go he said : " Here, Duke, i)lay my
hand ; I'll be back directly," Duke assented, and for
half an hour or so did little more than chip in cA
keep his place in the game.
His friend not returning, Duke gradually paid a
little more attention to the game, and became really
quite aroused when he found himself with a very good
hand at a moment when the two strangers entered
upon some high betting.
" Fifty, is it?" said the sharper, for so we must de-
nominate the sporting man. " I will see it, and go a
hundred better." It was now Duke's turn, who went
in and raised the stake a hundred. The other stranger
passed himself out. " Five hundred better," exclaimed
the sharper, " Take it," said Duke, who, sitting be-
730
GAMBLING.
hind three jacks, was satisfied that he had the better
hand, but did not like to risk so largely his friend's
money, thoi^h by this time he hardly knew whether
he was playing on hi? own account or for the other.
" Cheap enough," sneered the sharper, as he spread
out on the board his hand, which could boast nothing
hij^her than two fours.
I)uke detested bluffing. His nature was too single
and straightforward to enjoy indulging iii such trickery
himself, and he did not like any better to have it
played upon him. The sharper was quick enough to
discover this; he discovered also that Duke was not
greatly interested in the game, being apparently
unconcerned whether he won or lost, and certainly
having no intention of high play. And a sardonic
satisfaction warmed the scoundrel's heart as he saw
that at last he had been able to put his finger upon
this immaculate young man's weakness, upon the soft
spot in the character of one whom long before he had
become satisfied was of a superior order.
For an hour or more the game went on, and
Duke's friend did not return. Meanwhile the bet-
ting became heavier, several pots rising up into the
thousands, and Duke was lai^ely loser. Of course,
now he was playing for himself; he would not for a
moment expect his friend to suffer for his folly. But
he himself could not afford to lose so much money,
representing as it did weeks and months of toil and
self-donlal He would play for even, and then quit,
he said to himself; and here should end his first an 1
last attempt at real gambling. For he felt in his
sinking heart, in his boiling blood, in his face flushed
half in shame and half in anger — in anger at his own
folly and at the leenng, sneering sharper that this man
was playing him like an angler a fish which could
not escape the toils.
On went the game, the unfortunate Duke becoming
more and more involved. He had not with him so
much to lose, but he had already through the keeper
Duk(
tliat
CAUGHT IN THE TOILS.
731
of the saloon made his credit good at the game, for
all knew well that he would never be led to venture
what he could not pay.
*' Five thousand more 1 " Hissed forth by the sharper
came these words, while his snake-like eyes were
riseted on his victim. There was already fifteen
thousand at stake on the board. Duke held a very
good hand, three kings and two sevens ; but the game
had drifted into such wild and reckless bluffing, that
the best hand was by no means always allowed to
take the money. Even now the sharper might have
nothing highe?" than a ten spot, or he might have
four aces ; there was no way to tell. Duke's hand
was good, very good, considering everything. The
chances were at least ten to one the sharper could
not beat it. That pot would make him whole, and
he would then be free from the infernal toils in which
he so unexpectedly found himself. On the other
hand it was ruin, absolute and eternal ruin, he felt
and knew it to be, if he lost. But his hand ; at least
ten to one in his favor.
Pale was the face, the heart irregular and jerking,
and hollow and sepulchiai the voice as the words
came forth "I call I"
The sharper could measure accurately enough the
Duke's hand ; he knew as well as if he had seen it
that it was not so very strong, for had it been the
young man would have manifested more confiden^-e.
Nor was it by any means a poor hand, else he would
iot have called him. He was sure enough of his
victim, as with a Satanic smile he slowly laid down
on the table one, two, three, four queens.
Without speaking a word Duke laid his cards upon
the pack, rose from his seat, and beckoning the
saloon man to follow, walked out into the darkness,
walked on through the darkness until he came to his
cabin, when, scraping the dirt from under one corner,
brought forth four bags, each containing $5,000 in
gold dust. ''This will make it good," he said, as he
iiilll
7tt
OAlfBUNO.
handed it to the saloon man, who thereupon marched
back through the darkness.
The ruined young man Hkewise stepped forth into
the night The cabin was too close for him ; he could
not breathe within those so lately happy walls. "It
is like a dream ; a horrid, horrid dream. So sudden,
so accidental I Yet it is no dream, would to Grod it
were ! Fool, fool, fool I No, not fool ; fate I A pistol
ball crashing through my brain as I entered that
room would have been no less looked for, could have
held me scarcely less responsible. Why fate, or
providence, or almighty God could be so cruel as to
tear from me my hard earnings, my consecrated gold,
and give it to that thief, I cannot understand.
Punishment? I deserve no punishment. Punish-
ment for what? I am an honest man, aye an honest
man, and thou God knoweth it; that thing is a thief,
and thou God knoweth it. This is omnipotent jus-
tice; hell is full of such justice. My gold, aye, my
consecrated gold, consecrated to her. Ah Christ I
to her, my love I my love 1 "
Long he sat upon a stone, his head buried between
his hands ; then slowly arose, walked into the cabin,
took from his breast a well-worn picture, and holding
it close under the dim light of the candle, drank from
its lineaments the last draught of a thirsty soul.
" Farewell, sweet angel ; thine have I ever been ;
thine now no longer ! " Tearing up the pasteboard he
scattered the fragments about his cabin floor, blew
out the light, stepped forth, fastening the door after
him, and took the trail up the river to the high
divide, then zig-zag up the mountain. The moon was
now abroad, throwing its pale, impotent light as far
as it could into the black caflon, at the bottom of
which shone a thread of silver foam.
" Suicide ? Bah 1 I am no sick simpleton. I am
a man. I am not afraid to live. I can suffer.
Powers of heaven or hell, I defy you I As you
have done to me, so would not I to you. Take from
A RUINED LITE.
733
the honest man and give to the thief I Take gold
consecrated to the highest and purest affections, and
cast it before swine 1 Omnipotent justice ? Bah I
again, I say. There Is none such ; no omnipotence
and no justice."
Up, up, through the pale moonlight, zigzag to the
mountain-top, then over the eternal snows, and down
toward the great river flowing oceanward, life, love,
justice, heaven — words, mere words, windy words,
words, words I
e 'i
Mil
CHAPTER XXIV.
DUELLING.
Falntnff. Honour pricks mo on. Yea, Unt how if honour prick? m* off
when I come on? How then ? (Jan honour uet to a leg? No. Or an arm?
No. Or take away the grief of a wound? No. H.mour liatli no Hkill in
surgery, then? No. VVTiat is honour? A word. Wliat ia in tliat word,
lioiiiiur? What is that honour? Air. A trim reckoping ! \\\m hath it?
Ho that died o'WednescJay. Uoth he foul it? No. Doth he lu-ar it? No.
'Tis inspusihlo, then. Yea, to tlio death But will it not live with the living?
No. Wiiy ? DetrfkCtion will not suffer it; therefore I'll none of it; honour is
a mere 'scutcheon and so ends my oatechism.
The time is i)ast when to nii average intellect the
neeessitv exists of deuounciou: fluelliny;, and we have
now only to regard with aatonisliment the boiHJnge of
our a'H'estors to this follv. In tiie evolution of pro-
gress, fashion, that ia to say actively exju-esscd opinion
or belief, is constantly undergoing change ; indeed,
change of belief, and corresponding action, is ])rogr('ss.
And as some of the beJitfs of past ages arc to us ab-
surdities so gross that wo can only wonder hf»w some
minds could for a niomeut have entertained them, so
will certain of our creeds and conduct appear to gen-
erations following.
Take for example woman; alonj; the liiL'hwavs of
liistory how variable her condition I Alternately
slave and saijit, n»»w she is tlic drudge and chattel (vf
man and nt>w his comj)anion and idol. To us the
strangest of all strange pa-ssions that ever blotted the
human heart, seems that fnun which s])rung the cruel
treatment of women which forn!(>d a prominent feature
in ai.eient ami half-civihzed warfare. What to us
could possi!)ly seem more unnotund than the pietnre
of an enraged soldier in whom blind furvlmd so swal-
( -■■.•» )
lowe
byt:
fair (
Tl
with
SL-pp(
whicl
as m
beat
huma
blush
own i
TJj.
savagi
vidual
Ids w
tribes,
ing th(
now th
mcmbt
Tlie
stition
Were n
•Suflfere
arbitra
lible; (
in the
intellec
the aln
these tl
fastene*
turios
eradicat
It W'i
tournai
and foHt
that th(
tiona.
place of
I
]
OBIOIN OP THE DUELLO.
78B
lowed all other passions that he should delight to drag
by the hair about the streets of a conquered city its
fair dauiihters in torn robes and with bl^^ofUng limbs ?
Then there is the institution of slavery, which
within these few centuries had half the world for its
supporters, that most anomalous of social anomalies,
which under the laws of man enable man to hold man
as merchandise, to own him, order him, bind him,
beat him, kill him — no one to-day openly upholds
human slavery as in the abstract right but would
blush for his opinion did he but know the depth of liis
own ignorance and error.
Tlie origin of the duello may be sought in that
savage sentiment of justice which made e\ery indi-
vidual the indicator of liis rijjlits and tlie avi-Uiier of
his wrongs. Before tlie coalescence of wandering
tribes, and in the absence of a central power embody-
ing the delegated riglit of individuals, that wliich is
now the tdtima ratio regum, was then the riglit of every
member of the patriarcltal association.
Thence tlie sentiment assunie<i tlie form of super-
stition. The earlier methods of deterinining guilt
were no less imperfect than tlioso at present m force.
Sufferers saw that governors and judges appointed to
arbitrate betw(?en accuser and accused were not infal-
lible; consequently appeal to a higher power direct,
in the form of combat, became a custom. When tlie
intellect v/as so far emancipated as to perceive that
the almighty did not interpose the finger of justice in
tlie.se trials of brute force, tl.j practice hadalrtiuly so
fastened itself upon society as a fashion, that for cen-
turies neither right nor reason was abU; wholly to
eradicate it.
It was during the ago of clilvalry wheji tilts and
tournaments encouraged a dis[>lay of personal prowess.
and fostered the worship of couragu and punctilio,
that the .luel assumed its most magnificent propor-
tions. In legal proceedings it sometimes took the
place of an oath, Public opinion kept the practice iu
m
736
DUELUNO.
vo
J, e long after its folly was seen and admitted, even
by those who felt obliged to recognize the code.
Duelling was attackeo. by reason, sarcasm, and elo-
quence, long with little apparent avail. The best cure
was to withhold all sympathy both from the murderer
and the murdered. The death of Hamilton at the
hand of Burr excited national sympathy; yet why,
with his more than ordinary insight into the absurdi-
ties of the practice, and his more than ordinary ab-
horrence of it, he should be entitled to extraordinar}"
pity in the display of his weakness I cannot understand.
Why is it that when of all animals, civilized man
alone finds a code of laws necessary to his social exist-
ence, that in his fighting attributes the nearer lie ap-
proaches to bull-dog pluck and game-cock endurance,
the nearer he imitates the prizefighter and the sav-
age in his killing qualities, the more manly a man is
he ? In fighting, points of emulation and honor are
taken from boasts, but in the necessities of govern-
ment and law even beasts and savages may well hold
us hi contempt.
When King John of England, for the health of his
soul, as he affirms, though in truth for the safety of
his head, reluctantly granted his mailed barons the
magna cliarta, the keystone of English liberty, as
Hallam calls it, was laid. When Martin Luthor
raised his protest against the iniquities and errors of
the church bv nailing his theses to the door of tli(>
Schlosskirke at Wurtenberg, the bull of excommuni-
cation that followed enfranchised half Christendom.
When Thomas Jefferson's declaration of independence
was passed by the congress assembled at Philadelphia,
the latest and fairest type of liberty appeared, stain-
loss, save one foul blot, and that by the emancipation
proclamation of Abraham Lincoln was washed awav.
We who inherit the fruits of these several displays of
progressional phenomena, and which embody all tho
benefits of civil and religious liberty ; we whoso gov-
ernment is the mildest uudcr which civilized man has
A VILE PRACnCE.
7»7
yet lived, being imposed unconditionally by ourselves ;
Vv'e whose beliefs are unsiiaekled, and whose intellects
are wanton as the air — were it an attribute of human-
ity to be absolutely free, surely we might boast our
freedom.
But absolute freedom is not an attribute of human-
ity, or if it be, the germ of such freedom does not
appear. Since the days of feudal serfdom, of trial by
combat, of inquisition and impositions, some progress
has been made, but progress only of certain kmds and
in certain directions. Palpable bondage we object to,
and thanks to our forefathers are fairly enough rid of,
but bondage impalpable, as far exceeding the other as
the infinite exceeds the finite, yet remains. Fetters
whicli we cannot feel we wear as gracefully as ever.
And no fetters imposed by the tyranny of fashion
on stupid, ignorant man liave been more galling to the
wearers, Imve been worn witli less comfort, bringing
ikpon tho.se under bondage to it that very contempt to
avoid which they subjected themselves to it, render-
ing them by means of their unhappy adornment all
t]\e more ridiculous in the eves of all sensible men —
none more absurd and wicked than the duello.
Nor may we yet boast our freedom from it. Though
by every rigiitminded member of society a duellist—
juid no less those who aid and abet him — is regarded
a nmrderer, the slave of a savage superstition civilized
by senseless fashion, and is denounced as a thing vile
atul contaminating, yet the wars which myriads of men
itnlulgc in as the ultimate appeal in the settlement of
their differences is but another phase (»f the same
superstition.
What can there be more hateful and unholy, what
rin there be less in accord with their profession, and
the spirit of the divine Christ which they aim to in-
culcate, than for ministers of the gospel, ranged on
cither side of a bloody arbitration, to mount their
)>ulpits and solemnly invoke the god of battles to give
them victory for the justness of their cause and the
C'Ai.. Int. Poc. 47
Ytl
DUELLING.
glory of his name? "Very wonderful 1" as Dr John-
son would say. "Would that it were impossible."
This is exactly what individual combatants did a
few centuries ago, and which we now so righteously
condemn. The only vital diflerence between war and
the duello is that one is a national and the other an
individual affair; and we are not yet sufficiently ad-
vanced in reason to realize that what is wrong in a
unit of the nation is wrong in the nation. True, when
the units of society delegate their rights to a general
government acting for the common good, it is their
duty to leave them there, and not to interfere wicli
the functions of government by breaking its laws in
the effort to right their own wrongs. Society alone
possesses tlie right to chastise. But should the gov-
ernment become impotent or corrupt, and fail to dosil
justly with the individuals composing it, then the in-
dividuals may withdraw the rights delegated, and act
for tliemselves if they have the power. Either duel-
ling is right or war is wrong.
In Christian countries the actions of men are meas-
ured by two tests, the approbation of the creator, and
the happiness of the creature, though as tlie subject
is more closely inspected, one test appears to bo
equivalent to the other. How nmch needless disput';
there has been about reason and revelation, their con-
tradictions and absurdities. Between the two there
is no discord, else reason is unreason and revelation a
lie. The law of nature and of morality and the law
of God are one; not that God and nature are therein'
made one, but nature's law and nature's morals arc
God's law and morals.
Some call this appeal to battle Gr-d's plan, and so,
indeed, it is ; else in place of this now apparently only
way, he would appoint some other. Probably reli-
gious wars have exceeded all otliers in extent and
intensity among civilized nations. Now, why shouM
God wisl) a hundred thousand of his creatures in God's
name to slay another hundred thousand who asseniblj
ABSURDITIES OP WAR.
780
to the slaughter for the love of God ? Is truth found
and opinion reconciled tliereby ? Is man in his ulti-
mate endeavor only physical ? The killing alters no
facts in the case. Must reason, then, gu for
naught ? Can no way but brute force be found to set-
tle ultimate dilferences? Then give the brutish in
our nature the glory, and talk no more of the ma-
jesty of mind.
All admit that war is an evil — a necessary evil,
some say, though necessary evil implies good, for the
presence of the evil is better for us than the absence
of it; hence, war is not an evil but a benefit. In
other words, there is no such thing as necessary evil.
War is an evil; who is to blame for it? Not you or
I, for we would put an end to it if we could ; not tlio
nation, which is but an aggregation of you's and I's;
not the rulers of mankind, who can do nothing of
lasting moment without the acquiescence of the ruled.
We simply know that it is ; not why nor whence.
Virtue they call it, on both sides the same; they
are noble men and true, they who fight for the ideal,
whatever it may be, religion, country, freedom. Vir-
tue then wars on virtue; this is the truth of it, for
virtue is never wholly on one side, and he is virtuous
who fights for what he believes right, whether he be
right or not. Virtue then slays virtue, as vice kills
vice. War and religion; strange companion?<hip.
One kills to cure, and the other cures to kill. Kill
and call it honor; serve God and butcher his people!
Why should hate be glorified ai.d deadly strife;
that thing we so despise in brutes, prize-figliterw,
bull-fighters, duellists, and all that ilk, why in nations
should we so exalt it? Both to the memory of the
slain in battle, and to those who kill them, poots raise
their most exalted strains, and God's ministers bless
them from sacred desks. Hirelings or haters it is all
the same, if they fight brutally well let them be ex-
alted. Let truth and humanity be taught, instead of
fanaticism and brute force, and war, liko any other
710
DUELLING.
Ravagism, will l)ecoine a disgrace, and the Boldicr will
carry on his brow the curse of Cain.
Single combats for the deciding of special difTer-
en( e8 come down to us from ancient dates. Many are
found in the Illiad of Homer, and the Hebrew
scriptures, the Mahometan, Greek, and Roman records
contain the accounts of some. But it was during the
Dark Age that trial by combat assumed its deepest
color of superstition. Attended with religious cere-
monies the wager of battle was then a direct appeal
to the decision of the almighty, and success was
proof of right. The ordeal was recognized, and in
(criminal cases which seemed to be soluble in no other
way, ganctioned by law.
Upon the establishment of the dogma of Francis
T. that " the lie was never to be put up with without
satisfaction, but by a baseborn fellow," lies were
classified and thirty -two distinct methods of satisfac-
tion pronounced. From France duelling then spread
ia[)idly all over Europe. During the reign of Louis
XIII. duelists would join the left handa and stab
each other with the right; they would enter a dark
or lighted room and there remain until only one could
]o.a\c. Females have fought their duels in France
Finally edicts were issued for its suppression, but the
custom had become so rooted to the sentiment of
honor that pardons were almost as frequent as the
offence.
To obviate the necessity of personal encounter,
tribunals of honor for the reconciliation of disputes
in the army were established in Prussia; if the court
failed in its purpose the duel took place, and after
the offence imprisonment. The students of the Ger-
man universities indulged freely in ^.his pastime, wear-
ing armor and fighting with swords; but the boys
seldom hurt each other. In England duels became
more common as society became more refined and
orderly; disputes were settled by the individuals
themselves rather than by more general engagements.
Eng
ignoi
dueli
Two
in A
often
leade
parti*
In
there
all tj
hearti
to ki]
thems
the CO
event
which
how a
a wron
greatei
husbai]
infamo
To call
tagonia
duellist
all men
ing bra
tardy "
for thei
Bytl
butcher
follow f(
as a fag
grossly
sort of
efficiency
very qua
iraltntion
order wii
THE CODE IN CALIFORNIA.
741
England's gi'eatest statefsnicn were not so great as to
ignore the custom. The Irish were famous for their
dueUstic proclivities. The Scotch were more wary.
Two Plymouth serving-men inaugurated the system
in America in 1621, and subsequently Boston has
often indulged in this method of arbitration. The
leaders of the revolution, and of subsecjuent political
parties were not above this superstition.
In the hostile encounters of the California miners
there was that same directness which characterized
all their proceedings. Simple-minded and single-
hearted they did not understand why, if they wished
to kill a man, they should at the same time set
themselves up to be killed by him. That might bo
the code; but it was a very foolish code. In any
event it was murder; but it made a vast difference
which did the killing. They could not understand
how a debt should be cancelled by increasing it, how
a wrong should be avenged by covering it with a
greater wrong, or how the honor of the outraged
husband or father should be healed by permitting the
infamous tempter of female chastity to shoot him.
To call it cowardly to take at disadvantage an an-
tagonist was of no avail, for they would tell you that
duellists, whipped to position by public opinion, are of
all men the greatest cowards. Therefore, with blaz-
ing brain and blood red hot they did not wait for the
tardy "lie direct; the "reply churlish" being enough
for them.
By those who deal in human blood, who make the
butchering of their fellows a profession which they
follow for gain or glory, as well as those who adopt it
as a fashion, the terms courage and cowardice are
grossly misapplied. In civilized warfare courage is a
sort of military idolatry, fostered for the greater
efficiency of the organization. It is composed of the
very qualities which it affects to despise, emulation,
imitation, and fear. The soldier dare not brave an
order with an opinion, dare not appear to be afraid,
IMAGE EVALUATION
TEST TARGET (MT-S)
//
^^ J<^^£p.
1.0
I.I
i^llM 1125
.r m
? »«- IIIIM
1.8
1.25 1.4
1.6
^ 6" —
►
V]
<^
A^^
Photographic
Sciences
Corporation
23 WEST MAIN ST^fET
WEBSTER, N.Y. 14S80
(716) 872-4503
«y S'3^ /////
fA
DUELLING,
dare not listen to conscience, to humanity, to right or
reason. Soul and sense alike are sunk in a slough of
brute persistence. Discipline demands it, we are
told ; and the more fully this dehumanizing process
has been carried out, the more effective the army.
The brutalization of the man is the first step; then
infure a fiendish spirit, and place all under the re-
strictions of necessary forms, and you have an organ-
ization fit for scientific slaughter. And the more to
blind our eyes to the hideous creation, we make it
the nation's moral ideal. Courage becomes synono-
mous with virtue; whatever interferes with the
growth and exercise of courage is deemed vicious.
With the ancient Romans the culture of the fine arts
was regarded a vice.
The sentiment as found in the duel is much more
frivolous. The bravery of the duellist is bravado;
his heroism is based on pusillanimous timidity. No
man whose hate is so deep-seated and vindictive as to
be satiated only by another's blood, will place his own
life within the range of equal probabilities of sacrifice
unless driven to it by that power most appalling to its
votaries, public opinion. Cowardice underlies the
courage of the duellist. He fights because he dare
lii t refuse. Religion, right, reason, are swallowed in
the abject terror inspired by the frown of his asso-
ciates. Half crazed, it may be, in the performance
of his unwelcome obligation, he stands before his ad-
versary the captive slave of cowardice, whose uncon-
trollable thoughts seem to whirl him along in frenzied
dance like an Orestes or a Hamlet.
To all such scarecrows as sv)ciety courage, the cut-
throats of the Californian Inferno were profoundly
indifferent. Did one wish to kill another, one sought
the other and slew on sight. Or, if fired by ambition,
the informal duellist might give notice that he was
then upon the war path, and should shoot a certain
man if not first shot by him. But it was only where
murder was raised to a fine art, as among journalists,
MISSION DUELLING GROUNDS.
743
politicians, and those whose bread depended upon
public opinion, that persons were found so lost to
moral courage and manliness as to decline to fight
where they had no desire to slay.
Glacus, the Spartan, consulted the oracle at Delphi
concerning the restoration of certain money in his pos-
session to the rightful owner. " May I not" he asked,
" purge myself by oath after the Greek fashion and so
keep the money ? '" Thus from his courage, as Glacus
from his honestv, the duellist in vain beseeches his
gods to deliver him.
Socrates, if he wished to punish an enemy, would
let him escape punishment. "If he has stolen a sum
of money " he says, " let him keep it, and spend it on
him and his, regardless of religion and justice ; and if
he has done things worthy of death, let him not die,
but rather be immortal in his wickedness." So would
not the miners of California.
Of all men in the community during that epoch of
our history when insult could be washed out but by
blood alone, those who mouthed it most loudly, and
with sanctimonious visage sighed over the desecration
of our holy law, were the first to break it when what
they called their honor was at stake.
The duelling grounds in early times were at the
Mission. There was no need of secrecy in those days,
for sheriffs and judges never attended except as spec-
tators. Some of the most noted duellists of the day
sat upon the supreme bench and talked soberly about
the unsound principles of the anarchic and revolu-
tionary vigilance movement, and how by it all rights
of persons and security of prt)perty founded on consti-
tutional compact and legal form would be destroyed.
How vain and absurd ! Honest, order-loving men
may not strike one blow at a public scourge, one blow
for the commonwealth, for themselves, their friends,
yet their judges and those who denounce them shall
forsooth be praised for jumping from the bench and
breaking the law for the simple gratification of a hot
:7U
DUELLING.
passion. What was the duello, which code most of
these men recognized, but an appeal to private combat
for offences alleged to have been committed against
the arbitrary rules of society, against courtesy or eti-
3uette, so-called laws of honor, which courts of law
id not recognize ?
Journalists and politicians were those who most
delighted in this sort of argument. Their honor
seemingly required more care than that of others, and
it was necessary to keep it well patched, and not ex-
pose it too recklessly. But among the sporting fra-
ternity the code found some adherents, and now and
then a butcher and a baker attempted to balance their
books in that way, so that altogether there was at one
time a new duel for every issue of the Sunday's paper.
"Je veux biendtretue; mais mouille, non." "lam
willing to be killed, but I am not willing to be wet,"
cried Sainte-Beuve as lie stood in the rain before Du-
bois, and regardless of the expostulations of the sec-
onds, fired four shots from under an umbrella.
Among the encounters of the early Spanish Amer-
ican adventurers were those of Velasco and Ponce de
Leon, who during the reign of Ferdinand and Isabella
chose a narrow bridge near Madrid, where they were
to fight without armor, in doublet and hose, with
spears ; of Ojeda and Nicuesa, who at Santo Domingo
talked of settling their differences by combat, until
the latter stipulated that each should put up $25,000
to fight for; of Nunez, the young page of Cortes, who
at Mexico in 1521 begged permission to accept the
challenge of a Mexican of great prowess, who, armed
with sword and buckler, defied the Spaniards to single
combat. After a desperate struggle the page slew
his antagonist, and bore to Cortes the spoils of victory.
But the most notable afiair of those in which America
was interested, was the challenge and almost immedi-
ate death of Diego Alvarado, who oiFered to fight
with Hernando Pizarro in Spain in 1539. Pizarro
EARLY ILLUSTRATIONS.
1#
had unjustly condemned and executed Almagro, Al-
varado's friend. Five days after sending the challenge
Alvarado died, and dark suspicion fell on Pizarro,
whose misdeeds in Peru were well known, and who
was subsequently confined for twenty years. Cortes
himself had frequent affairs of honor before coming to
America.
Pillet, of the Pacific Fur Company, in May 1813
at the Spokane house in Washington, fought a duel
with Montour of the Northwest Company with pocket
pistolsat six paces. Both were hit ; one in the coatcollar
and the other in the trowsers' leg. Two men, one
from each of the respective companies, acted as sec-
onds. The wounds were all duly healed by the tailor.
Unhappy the day that brings accursed culture to a
simple home. Civilization teaches savagism how to
cheat at gambling, how to give and accept a challenge,
but when it comes to actual fighting then each pre-
fers its own way. In August 1814 a chief at Fort
Spokane was accused by a gigantic Scotch trapper,
McDonald, of having played unfairly while gambling,
and was told that he must come out and fight, for he
had been insulted and either he or the Scotchman
must die, for the world was not large enough to hold
a Scotchman and a Spokane who had gambled and
quarrelled. When the chief was informed of the or-
thodox way affairs of thail kind were conducted, he
greatly wondered that men could be so foolish as
openly to stand before each other's fire, and insisted
that they should retire to the woods where each
might choose a tree to stand behind, and dodge for
the first fire. Failing to agree, friends interposed and
the belligerents were pacified.
In 1845 a man was brought before a judge in Ore-
gon for challenging another to fight a duel, and in
accordance with a law just passed, he was fined $500
and disfranchised for life. In truth there seemed
to be more challenging than fighting, a genuine chal-
'ii'M
I I
m
ti
746
DUELLING.
lenge being almost equivalent in importance to a duel
in many places.
In 1 8 1 6 Jose de la Guerra y Noriegn and one Aspiroz
were dining at Governor Sola's house when they
quarreled, and the former challenged the latter. The
governor and two padres \vrote to Aspiroz begging
him to withdraw the challenge. There the matter
rested, but the feud was not wholly healed until five
yeois later.
It was common among the Hispano-Californians to re-
sort to the duello as a cure for jealousy, and for quarrels
over cards or elsewhere. They usually fought with
knives or old swords, and they cut one another at a terri-
ble rate until fatigued, when they would rest, or until one
cried enough, when the other would dictate terms.
Witnesses were not allowed. Common places of
meeting were the Huerta Vieja, the Huerta del Rey,
and Canada de la Segunda.
In a Canada near Santa Bdrbara, in 1825, Cabo
Canuto Borondo and Meliton Soto, paisanos, fought a
duel. Soto was the challenger, and there were no
witnesses to the affair. Civil proceedings were insti-
tuted, and the matter was likewise referred to the
ecclesiastical court. Father Duran as vicario foraneo
made the following report. The church, he says, can
not look with indifference on the almost certain and
eternal damnation of those who die in a duel, and has
accordingly imposed the most terrible punishment to
prevent such wickedness, namely, "excommunion
mayor late sententia ipso facto incurrenda." The bull
"detestibilum" of Pope Benedict XIV. denied burial
in consecrated ground for those who died in conse-
quence of this offence, an offence springing from a
most pernicious custom, introduced by the devil to
capture men's souls. The plea of ignorance would
not answer for an excuse ; only absolution ad causelam
would make right the hereafter.
In the mission archives of San Diego I find that in
CALIFORNIA CASES.
747
1836, for sending a challenge to fight a duel, Thomas
Russell was fined ten dollars and confiscation of hia
pistol, or ten days in the guard house. In 1841
Uribe was fined five dollars for offering to fight a duel
with a bone ; and Ybarra was fined a dollar and a half
for accepting the challenge. This last mentioned
amount was more than Terry paid for killing
Erode rick.
In 1843 the noted Indian chief, Gdscolo, was the
terror of the San Josd jurisdiction, which for jears he
had kept in a state of constant alarm. He was tall in
person, of a deep bronze color, and with a look of cau-
tion in his eyes ; very ferocious, and in a hand-to-
hand fight as valiant as he was savage. Ever an en-
emy of the white man, during his long career of de-
predation and murder he never pardoned him wlio fell
into liis hands. Francisco Palomares, a noted Indian
fighter and by his own showing, although de razon no
less of a savage than Gdscolo, thus describes the lat-
ter's death
Having committed some peculiarly atrocious mur-
ders near San Josd, G6scolo was pursued by Corporal
Pena, and the escolta. of that mission, consisting of
some five or six men, accompanied by 100 of the mis-
sion Indians de giierra. Pena came upon Goscolo's
band unawares, and arranged his vastly superior force
in a circle, which gradually contracted round Goscolo
and his followers, who, to a man, died fighting within it.
One of Pena's auxiliaries, a personal encni}'^ of G6s-
colo, asked leave of his commander to challenge him
to single combat. This permission was given, Pena
ordering the battle to be temporarily suspended.
Thereupon the mission Indian in his own tongue
challenged G6scolo, who accepted, and moved to an
unobstructed spot near by, whither the challenger
followed him. The high contending parties were each
armed with a bow and arrows. Within view of the
opposing forces they began to shoot at one another.
At each shot both advanced a little, or mauceuvred
i
\ \W\
m !
I;
w
DUELLING.
for better position. This continued for nearly an
hour before either was wounded. Finally, after they
had advanced to within a few yards of each other,
the niissicn Indian contrived to drive an arrow through
his adversary's heart.
Goscolo's death was the signal for the resumption
of the suspended battle, and his disheartened followers
soon succumbed. Pena caused Goscolo's head to be
brought to him, and with his own hands affixing it to
his lance, carried it to the mission of San Jose, where
he ordered it nailed to a tree in front of the church
door, and there it remained for two or three months.
After G6scolo's death there was a notable diminution
of Indian depredations in the San Jose jurisdiction.
Fremont and Mason, while at Angeles in 1847, in-
dulged in the pastime of making faces and calling each
other bad names. Fremont did not like Mason over
him as master, and Mason did not admire Fremont's
behavior as subordinate. Fremont thought Mason's
plan was to provoke a challenge, and then to kill him
with a shotgun, in the use of which Mason was very
expert, while Frdmont was not. Fremont then studied
patience, but that was worse than the shot-gun; his
distempered thoughts at length broke into violent
words, and almost before he knew it, trial by shotgun
was upon him. Then swiftly passed death-missivrs
to and fro, and a fearful preparation for combat, wlicn
General Kearny placed his veto upon the sanguinary
frolic, and the soil of California was spared the threat-
ened draught of bad blood.
Joshua W. Collett, captain in the United States
army, was slain in a duel in Mexico in 1848. In De-
cember of this year Salvador Nieto was condemned
to six months' public labor by a jury of six of Lis
countrymen for challenging Nicolas Silvas to combat
and firing a pistol at him. Silvas was subjected to
three months' labor for accepting the challenge.
At Eureka in 1850 the somewhat stale play of a
A SHAM DUEL,
749
sham duel came off, the only feature ahout it making
it worthy of mention being the narrow escape from
tleath of the victim. The fact is, those wonmnless
towns would do anything for fun. Two friends, Ray-
mond and Tucker, quarreled; the former challenged,
and the latter accepted. Both were brave and noble
young men, but Tucker was the best shot. He did
not wish to kill his friend, however easily he might
do so; indeed, he would not hurt a hair of his head.
Sliotguns were the weapons, but instead of balls,
which had been agreed upon, the guns were loaded
with blank cartridges. This was known to Tucker,
but not to Raymond or his second. To the five hun-
dred opt;n-mouthed and panting spectators the trick
was likewise unknown and unsuspected. At the first
fire Tucker fell, and the red gore spilled from his
breast. The crowd was stricken with horror. The
prostrate man was carefully taken up, and borne to
the house of a friend. Raymond fled, and escaped the
fury of tlie people, for Tucker was a favorite. The
man who acted as Raymond's second, however, was
less fortunate, and before he was fairly away, amidst
angry cries of " Seize him 1" "Hang him 1" a rush was
made, and it was only by declaring to them the joke
tliat his life was saved. Raymond lived three weeks
in the belief that he had killed his friend.
Following is a copy of a California challenge :
San Francisco, August 3, '54.
Mr W. R. Graham.
Sir — Your denial this morning of the arrangement
made between us, and your insulting conduct in that
connection, leaves me no resource but to demand the
redress that a gentleman has a right to expect.
Tliis will be handed you by my friend, Judge Mc-
Gowan, who has full authority to act for me.
Respectfully,
M. E. Flannaoan.
Some time in January 1851, Mr Walker, one of the
editors of the San Francisco Herald expressed fears
M' Ml"
li i
750
DUELLING.
that the public administrator and probate judge had
pickled rather than preserved a certain estate. Tlie
administrator took exceptions to such personalities
and threatened to cowhide the editor. W. H. Gra-
ham, a friend of the probate judge, then wrote an in-
sulting letter to the editor which provoked a challongo.
They fought with pistols and Walkf^r was woundid.
Captain Folsom assisted in loading tiie pistols, wliich
the seconds seemed unacquainted with, and witnossotl
the fight. Graham was arrested and held to bail in
the sum of $5,000.
The same year W. H. Graham and H. Lemon ex-
changed several sjiots with revolvers, one of which
wounded the latter in the shoulder.
A difficulty arose between Hopkins, deputy collector
and Taylor, inspector at San Francisco in 1851. They
agreed to meet at Benicia, but Taylor was arrested
and placed under bonds to keep the peace.
E. Stanley and S. W. Inge, representatives in con-
gress at Washington in 1851, one from North Caro-
lina and the otlier from Alabama, after a foolish and
empty jangle of words upon tlie floor of the house,
withdrew with pistols in order to kill each other.
After the exchange of one shot, fearing if continued
some one might be hurt, an aperture of escape was
found, and the farce ended. These men both figured
subsequently in California.
S. Wethered and otie Schaffer exchanged sliots
with guns in 1851 and were stopped by the authorities,
If Christians fight, may not heathen ? Meek in
manner and peaceful in action as the Chinese ordina-
rily are, they are yet, on occasions, capable of the most
coid-blooded savagery, and will slash each other to
pieces with diabolical zest. Their ideas of the code
are particularly murderous. A dispute occurring:;
among a number of them on the Mokelumne river in
the spring of 1851, relative to certain money matters,
the interested parties locked themselves in a (^•^l•k
room, and proceeded to arbitrate the matter sum ma-
DURING THE FLUSH TIMES.
m
rlly with knives and iron bars, resultin*? in the slaying
and maiming of most of tiionj. How they distin-
guislied friend from foe is a mystery ; but to do so
was part of the performance. Bloodless barbarians
as they are, these people are not wanting in that
reckless disregard for life which more civilized nations
soberly term heroism.
During the first week in September 1851 George
McDougal and E. C. Kemblc, editor of the Alta ('(di-
fnniia, met twice, Komblo being the challcngor. The
law, jealous perhaps of the ancient form of trial by
combat, interfered at both meetings, and meanwhile
the blood of the belligerents cooled.
Out among the bushes in the suburbs of San Fran-
cisco, on the 10th of September, 1851, Joseph L.
Folsom, graduate of West Point, captain in the
United States army, chief of the quartermaster's de-
partment on the northwestern coast, first American
collector in California, and operator in Leidesdorff es-
tate and Yerba Buena sand hills, met A . C. Kussell,
both bent upon offering on the altar of their vengeance
the life of the other, that honor — without which
Mexican wars and advance in San Francisco real
estate brought no solace — now smeared and sulky,
might be appeased. It was just becoming dark on
the evening of that day, when these men mt t to kill
each other. The rabbits and quails paused he fore re-
tiring, to witness the singular spectacle. None of
them had ever before seen a duel fought, as the cus-
tom did not obtain among any species of beast kjiown
to them. After two shots each, the fiery combatants
embraced and went home. The rabbits and quails
were disi^usted.
A conundrum was the cause of it ; it takes but
little stirring to set effervescing bad blood mixed with
bad whiskey. Wine they called it this time; wine,
conviviality, and conundrums. In October IKfil at
Nevada, George M. Dibble, a whilom midshipman,
m
DUELLING.
told E. B. Lundy, a Canadian, that ho was a liar.
Now it is a small matter, comparatively, to bo a liar,
but a threat one to be told of it. Lundy replied with
opprobrious epithets, when Dibble challenged him.
The figiit came off on the Yuba, about eighteen niihs
from Nevada; pistols, fifteen paces. Dibble's pluit
was to draw Lundy's fire and then deliberately to kill
him. At the signal Lundy fired, and with an oatli
Dibble exclaimed. *'You have fired too soonl" Dib-
ble's second asked him, "Are you satisfied?" Whero-
ui)on Dibble opened his coat and exposed the places
where the ball had passed through his body. Ho
was thoroughly satisfied. Pushing aside those who
offered to sui)i)ort him he walked about 1 50 yards and
fell, dying in about twenty minutes. If all trials by
combat might end as justly as this, one could almost
sanction this species of arbitration. Tlie man killed
gave the insult and gave the challenge ; it was simply
right that he should die. Lundy was arrested and
the seconds gave themselves up voluntarily.
John Morrison killed William Leggett at the third
fire in 1852. This was a year prolific in pistoling.
A. C. Peachy, legislator, and James Blair, goverment
officer, figure in the duelling annals of 1852. About
the first of March o this same vear, a war of words
occurred at Sacramento between ex-governor William
Smith and David C. Broderick, which, however, was
amicably settled. The governor's son, J. Caleb
Smith, was not satisfied, and came out in a card in the
Democratic State Journal of March 10th, publishing
Broderick as a liar, scoundrel, and blackguard. Both
were in San Francisco at the time, and it was ex-
pected that soon there would be a first-class street
fight. Nearly a week passed without a collision, and
the crowds began to grow tired of congregating on
the corners to witness the show. At length the gladia-
tors appeared near the comer of Front and Sacra-
mento streets. Five hundred people were soon on
hand to be again disappointed. During this time
IIAYKS A\l> NUCKXT.
m
mutual fritMulH wore nejjfotiatiu^ ; Siiiitli witlitlrow tlio
(•K'lisivc card, and chalK'iV'-fd Jiis aiitajjjonlst. Tliov
nu't oil tlio I7tli across the l)ay, a mile from slu.re, on
a flat |)icco of «.^round, four seconds and two sunjfcons,
with a county judij^e and sluTifl* bein^ in the distance.
Weajxins, Colts' navy revolvers. Smith won the
choice of ijrround, distance ten paces. Twelve shots
wore fired in all. Smith's third shot hit Broderick's
watch, passinjjj through it and slit»htly woundinij him.
At the second fire Broderick's pistol failed t(» revolve,
and from that time his whole front was exposed to
Smith's fire, as ho was compt^lled to u; < 1>otii haiuls.
Both were cool. Smith was 8atisfi(»d. X'o arrests
were made, as in the case of McDongal a short
time before.
On board the boat from San Francisco to Sacra-
mento in May, a dispute arose between \V. J f. Cart<>r
and ii. A. DeCourcy, editor of the Caiav^ras ('linni-
icle, in which Carter slapped DeCourcy's face. Do-
Courcy then challenged Carter, and on reachmjj;'
Sacramento they crossed the river and fought witli
pistols twenty paces. i^eCourcy was struck at the
first fire and the battle ended.
The 16th of June a duel was fought by two French-
men at Sonora, California, in which one of them was
killed. A mining claim was the matter in dispute.
Near the racecourse at San Fraticisco, the 8th of
July, Wethered and Winter fought with Colt's revol-
vers at ten paces. After the first shot Winter's pist(»l
revolved with difficulty, and at the fourth shot ho
received a ball in the side which struck his ribs and
gliding round made a Hesh wound which terminated
tho affair.
At a banquet tendered to Colonel Magruder of
San Diego by the Angeles citizens, in 1852, tlie (|ucs-
tion of groat men came up, and a doctor made mellow
with wine declared that his father was the greatest
American. Magruder called ohe doctor a danined
fool. A challenged followed : derringers across a
i ;
Cal. Int. Poc. 48
754
DUELLING.
table at a restaurant; to be fired after "ready I fire I
one, two, three 1" At the word "ready" the doctor
fired and missed, whereupon the Colonel marched
round the table upon his terrified opponent. Aftrr
a vain attempt to escape by the door which had bi'ci
barred by the spectators, the doctor crept under tl c,
table and, embrachig the legs of Magruder, cri.-d :
"Colonel Magruder, for the love of God, spare n;o
for my family's sake." the colonel gave him a ku k
and left.
John Nugent, editor of the San Francisco Ifrrahl,
and John Cotter, alderman from the fourth ward,
fought with pistols at ten paces the 15th of July,
1852, at Contra Costa. The hour fixed for tlio
meeting was twelve o'clock. The principals crossed
to Contra Costa the night previous. About half
past eleven the steamboat arrived with the sur-
geons, seconds, and a crowd of friends and news-
mongers. It was very much like going to a horse-
race. The moment the boat landed a rush was ma«!(^
for conveyance to the ground about two miles distant.
Soon upon the road thither was a line of horses and
vehiclesof every description. Cotter was on the ground
and ready at five minutes before twelve, but Nugent
by some misunderstanding did not make his appear-
ance until half-past two. Inunediately on Nugi'nt's
arrival the pistols were loaded, the distance measurtc',
and tlie combatants placed in position. At the woid
the first shot was fired simultaneously and withoi.t
effect. Nugent's pistol snapped and bending to ank
it Cotter's ball struck his left thigh, producing a
compound fracture. Had he not moved the ball
would not have touched him. Nugent fell and w;:s
carried off by the surgeons. The ball was extracted,
and, with honor repaired, the wound was not slow to
heal.
It seemed incumbent on Nugent to shoot aldermen,
or rather to be shot by them, for again the followinLi;
year we find him fiiiLtino; Alderman Haves with rlHe^
GILBERT AND DEN\'ER.
736
at twenty paces. As before, a large number of s]K'o-
tators were present, and at the second tire Nugent
fell severely wounded.
Terms of duel between Haves and Nu<jjent.
San Francisco, June 8, 1853.
Mr H. Bowen.
Dr Sir — The terms that I propose with roferenro to
the contemplated meeting between Mr Hayes and
Mr Jolm Nugent are as follows :
Place in rear of Mr Green's residence.
Time eight o'clock a. m., June 9th.
Distance 18 paces.
Weapons to be used by both parties, compottMit
army Colt revolvers.
Challenge of John Nugent by W. H. Jones.
San Francisco, Aug. 11, 1852
^Ir Jno. Nugent.
Sir — The insult oHorod me requires satisfat tion.
!M\' friend Mr Lewis Tral is authorized by me to make
the arrangements.
Your Ob't S't,
Wm H. Jones.
Edward Gilbert, member of the convention f«ir
forming the state constitution, one of the first Cal':-
fornian representatives to congress, and senior editor
of the AHa California newspaper, at tlie tuwe only
thirty -three years of age, was killed by J. W. Deli-
ver, state senator from Klamath and Trinity countii s,
the 2d of August, 1852, at Oak Grove near Sacra-
mento. The men had never seen each other until
they met upon the fatal field. A bill for th(> relief of
overland inunigrants had been passed by Uw last
legislature, which Gilbert believed to be inrtfettuid
and wrong, and done solely in the interests of ])()li-
ticians. Denver was pron)inent in the atfair. being a
personal friend of Bigler, and coimected with the
relief train. With a great show of charity, which
Gilbert ridiculed, Bigler had escorted the supply
train out of Sacramento. In reply to Gilbert's arti-
ri'iiiiif
756
DUELLING.
cles, Denver published a card couched in uncourteous
language. Gilbert replied and Denver retorted;
Gilbert challenged and Denver accepted. Thej''
fougiit at sunrise with Wesson's rifles, at forty paces.
The first fire was without eftect. At the second fire
Gilbert fell, the ball entering just above the left hip.
His second immediately rushed up, when Gilbert
turned his face toward him with a smile, and died
without a groan.
On the 11th of December, 1852, a few days after
he ceased to be governor, John McDougal met A. C.
Russell, one of the editors of the San Francisco
Picayune, in an affair of honor. The cause was an
offensive article in the Picayune, of which Russell was
the author. They met on the San Jose road in Santa
Clara county, ten paces, pistols. Russell received a
bullet in the breast at the first fire, inflicting a slight
wound, which ended the fight.
In sanguinary unrest, with grey eyes murderously
set, W. M. Gwin and J. W. McCorkle, professional
politicians, met in 1853 near the Santa Clara line, to
blot out in blood some horse-race talk. After one
grand shot with rifles at thirty paces, both seemed
thoroughly satisfied. If the thing was continued, it
miglit cease to be amusing; rifles were rifles, and
thirty steps were not far. So the two braves smiled,
and the deputation of punctilious spitfires smiled, and
swore it was all a mistake, that nobody meant any-
thing, and that everybody else was only too glad that
everybody else was glad. And so wise men and
knaves all went home together. In truth, it is a
wonderful phenomenon, this mixture of folly, gun-
powder, and fear.
Oliver T. Baird, in 1853, at the second fire shot C.
J. Wright in the neck.
The 3d of November, 1853, C. Krug, editor of the
San Francisco Frcie Presse, independent German paper,
and Dr Loehr, editor of the Califoniia Democrat, the
Gerr
edltd
med£
AttJ
thel
some
m
Rovve
the 5i
Pel
oflScer
and su
agaiijs
San F
tols a
years c
Ciia:
with d«
of Feb
ieft an
A]fr(
challen
sistant
fifteen
throu
"ightof
Rust,
the He
their pij
poreally,
Durin
for duels
tier-strik
of this y(
a week o
meeting
other as
J. P. Il
1
THE MANIA OF 1854.
m
German state administration organ, settled certain
editorial ditferences just back of San Antonio in Ala-
meda county. Colts' navy revolvers, at six paces.
At the third fire Loehr's thumb was carried away by
the bullet of his antatjonist. The trouble arose from
some objectionable personalities in the Democrat.
May, senator from Trinity county, shot Edward
Rowe, express agent, in the neck at twenty paces on
the 5th of November, 1853, at Weaverville.
Peter Smith, son of Pinckney Smitli of Mississippi,
officer under Jefferson Davis in the war with Mexico,
and subsequently connected with the Lopez expedition
against Cuba, fought with WilUam H. Scott at the
San Francisco racecourse the 3d of August, with pis-
tols at eight paces. Smith was only twtnty-four
years of age. He was killed at the second fire.
CJiarles Somers and Thomas D. P. Lewis fought
with derringers at ten paces at San Francisco the 1 Itli
of February, 1853. Somers received a shot in the
left arm.
Alfred Crane, physician from Louisiana, in 1853
challenged Edward Toby, clerk of San Francisco as-
sistant aldermen. They fouglit with navy pistols at
fifteen paces. At the second fire Crane was shot
through the abdomen, and died next morning after a
night of agony.
Kust, editor of the Expresi^, and Stidger, editor of
the Herald, dropped their })ens one day and S( izetl
their pistols. The latter was slightly wounded cor-
poreally, but honor was healed.
During the year 1854, there appeared to be a mania
for duels. Editors fought. Lawyers, judges, shoul-
der-strikers, doctors, loafers fought. The legislature
of this year was called the fighting legislature, and if
a week or two passed without the notice of a lu)stile
meeting in the public journals, men looked at each
other as if something were wrong.
J. P. Rutland, clerk in the state treasurer's office,
ill
'IH''
111! I
7S8
ruErj,ixG.
taking offence at some remark of P. W. Thomas of
Auburn, sent him a challenge by James P. Dickson,
lu^spital physician at San Francisco. Thomas refus-
iiig to fight with Rutland, on the ground that he was
no gentleman, was then challenged by Dickson, and
on the next day, March 10th, the parties met at Oak
Grove. Thomas' second was Hamilton Bowie, and
tlie second of Dickson was the Honorable Judge Ed-
ward McGowan. Weapons, duelling pistols, distance,
thirteen paces, Dickson, who had the choice of
ground and the word, received Thomas' first fire just
under the ann, and the ball passed through his body.
Thomas fired first, otherwise it was thought that he,
too, must have been hit, as Dickson's ball struck the
ground directly at his feet. Dickson died next day,
his death causing great excitement, as he was a young
man of promise. Rutland felt grieved that Dickson
should have died in his place, and threatened to shoot
Thomas on sight unless he fought him, too.
The 10th of April a duel came off at the Pioneer
racecourse between H. Chaviteaux and M. Richards.
The second of the former was Conite de Raoussel-
Boulbon ; forthe latter E. Cavallier officiated. French
duelling-pistols were the wea[»ons, and the distance of
twenty-five paces made matters quite safe. Three
shots were exchanged, when the fiery French gentle-
men came to their serifi-es. No harm was done.
Agreement upon details in a pr<)i;K)sed duel:
The weapons to be duellhig pistols, distance 10
paces. Place of meeting, back of the racecourse near
the mission. To fire between the word^re and three.
To toss for choice of weapons. Then tor the pistols.
Then for the word. Then for choice of position on
ground. Any infringement of rules by either of the
principals "will be mett by certain death."
Lewis Teal,
Edw'p MoGowan.
The 10th of May an affair of honor came off near
the presidio between James Hawkins, of Tuolumne,
ALL ABOUT A CHAIR.
7r>9
and Christopher Dowdigan of San Francisco. Tlie
second of the former was Philip T. Herbert, subse-
quently member of congress from Califoniia, and of
the latter William Mulligan, shoulder-striker and
politician. Weapons, rifles ; distance, forty yards,
liesult, D>)wdigan shot in the left arm.
On the night <if May 17th, N. Hubert, ex-member
of the assembly, and George T. Hunt, a San Francisco
attorney, had a personal difficulty in the JNtetropolitan
theatre. It was all about a chair. Hunt's fo<'t were
resting on it, and Hubert wished to occupy it. Words
passed, and then blows. Next day tlie case caino be-
fore the recorder. Both were fined fifty dollars,
though Hunt was declared the chief offender. The
following Saturday Hunt challenged Hubert to mecit
him at tlie Pioneer racecourse, and next morning at
half- past five they were on the ground. Hunt's sec-
onds were Knox and Fox, while Hubert was attended
by Charlo" S. Fairfax, ex-speaker of the assembly.
Weapons, duelling pistols; distance, ten paces. At
the third shot Hunt fell, with the bullet in his abdo-
men, and immediately calling Hubert to him forgave
everything. He died that evening. Hubert was
greatly affected as lie left the grounds. An editorial
appeared in the Alfa of May 2 2d, called out by the
killing of Hunt by Hubert. The same day Hubert
was arrested. Tlie next day two men, Thomas L.
Benson, native of London, and Richard Menzies, hav-
ing a difficulty over some business matter, met in the
outskirts with seconds and a surgeon. Weapons,
^olt's revolvers, distance, fifteen paces. The combat-
ants would have compromised through the interfer-
ence of friends, but Benson's second objected, and
hurried him on to the ground. The first round Ben-
son's pistol hung fire. The second time he received
his antagonist's ball in the breast, and died next day.
The coroner's jury recommended the grand jury to
punish the offenders.
David E. Hacker and J. S. London fought in Gal-
I ' !i
,1
i
760
DUELLING.
ifornia in 1854. Politics was the trouble; London
was killed. T. W. Park and M. C. Brazer, both
members of the fighting legislature, escaped an en-
counter unharmed. Washington wounded Washburn
badly; both were editors; there were good writers
and Qjood fitjchters in California about this time.
This time a woman was at the bottom of it, and tlie
combatants were Frenclimen, Ellseler and Dubert by
name. The compact was that they should fight with
broadswords until one or both were dead or disabled.
Both were skilled in the use of the weapon ; and as
desirable, French-speaking women were not plentiful
in California in those days, the battle promised blood.
Eight minutes of scientific gyrations resulted in a
severe cut in Ellseler's sword-arm. It was now pro-
posed to terminate the affair ; but how sliould they
divide the wimian between them ? Fight it out when
the wound was healed? No; women were tot) un-
certain. So at it they went again, hotter tlian ever,
and in twenty minutes more Ellseler's sword was
sheathed in Dubert's body. This was the Gth of
June ; Dubert died next morninij.
The 22d of September Rasey Biven of Stockton,
and H. P. Dorsey of Los Angeles, met near Oakland.
The seconds of Dorsey were Governor ]\IcDougal and
Mr Watson. Surgeon, C. M. Hitchcock, Seconds
of Biven, Senator Crabb and Mr Bandol[)h. Surgeon,
Briarly. Weapons, duelling pistols. Distance, ten
paces. Word was given by Biven's friends. At the
first fire Dorsev was wounded in the abdomen and
Biven in the wrist.
The duellistic event of this year, 1854, was the
planting in the heart of Devereaux J. Woodlief, a ball
by Achilles Kewen, on a wheel and fire, with rifles at
forty paces. It was a splendid shot, one of which
Achilles might well be proud. It is something to tell
one's children ; right through the heart and at forty
paces, wheel and fire. My dear children, I hope you
will all learn to shoot — to wheel and shoot right
RYER AND LANGDON.
m
through the heart. A misunderstanding concorning
a politiral matter was the cause of the trouble.
Eiuly in 185G, a committee of the legislature in-
vestigated the management of the State Insane Asy-
lum under Dr K. K. Keid, whose place had been
made vacant by Governor Johnson, in order that it
might be filled by Dr Samuel Langdon, a gentleman
from North Carolina. Dr Washington M. llyer, a
native of New York, and an experienced and skilful
surgeon and physician, testified regarding the compara-
tive care of the insane patients under Dr Keid and his
success( )r, Dr Langdon. His testimony was decidedly
favorable to the former,and anything butcomplimcntary
to the latter. This was an indignity ui)on Langdon, so
his southern friends were pleased to construe it, and a
plan was devised to get rid of Dr Ilyer. One night,
about three weeks after the investigation, liver was
struck from behind, on the arm, by a ])istol. Ho
turned about, and saw Dr Langdon and Dr Hunter,
each with a pistol in hand ; he was himself unarmed.
" Which of you gentlemen desires to insult me ? " he
asked. Hunter replied, " Dr Langd(ni." Hyer calmly
said: "Dr Langdon, to-morrow I will hunt you."
But Lanixdon's business took him out of town for scv-
eral days, and Ryer was not able to find him. Samuel
A. Booker, Esq., a Virginia gentleman, advised liyer
not to follow Langdon up; that he would be taken
at a disadvantage, and allowed no show for his life,
and counselled him to settle the matter by the code.
A challenge was duly sent and accepted. The weap-
ons selected Vjy the challenged party, who was familiar
with all the devices of the art duello, were a brace of
pistols owned by Dr Aylett.*" When asked by
Colonel O'Neill, Langdon's principal second, to choose
one of them, Mr Booker, Ryer's principal second,
chose one and discreetly kept it until the meeting
*If these pistols were subsequently used in a celebrated <lucl in California,
this may account somewhat for tlie result to one of the principals, wlio was
not auj'ait in their use.
DUELLIXC.
oocurretl. It was a most treacherous weapon, with-
out some fainiUarity witli which Ryer might well have
sacrificed himself. The hair-trigger of this pistol had
been made so sensitive that the mere motion to ele-
vate the nmzzle would discharge it in tlie hand of
one not knowhi^ tlie weapon. February 24, 1857,
the fight having been twice before hindered, the parties
confronted each other on Rough and Ready island,
four miles from Stockton. Tlie choice of position fell
to Langdon's lot, and he stood with his back to the
west. Ryer, opposite, received the rays of the setting
sun full in his face. To the proposition whether an
a})()logy, if offered, would be acceptable, Ryer firmly
said " No. No apology could atone for a blow."
Neither wns hurt by the first fire. Overtures for a
reconciliation were again di'clined, and the second fire
took place; no blood. At the third shot, Langdon
fell, severely wounded below the ligament of the
knee-cap. Colonel O'Neill, his second, then came
forward and asked if the challenging party was
satisfied. "Yes," said Ryer, "he has fallen." The
wounded man escaped with his life, but was a cripple
until he died in 1880. Dr Ryer had the largest prac-
tice in California; he had served as a regular surgeon
in the United States army through the Mexican war.
His friends claim, and not without reason, that there
was absolutely no alternative for him but to fight, and
that his living, his life, perhaps, depended upon his
taking advantage of the code itself.
Ferguson, state senator from Sacramento, told a
story in which a young woman acquaintance of G.
P. Johnson's figured, in a way which Johnson did
not like ; so he called Ferguson over to Angel Island,
on the 21st of August, 1858, and killed hhn. So
horrible was the offence of taking in vain the name
of a young woman happening to know G P. John-
son, that death alone was sufficient atonement ; hence
the terms of the murderous compact were pistols, ten
paces, and advance. The fourth shot brought the
FERGUSON AND JOHNSON.
7«i
combatants within six steps of each other; at wliich
distance one would think a school boy in an iij^uo tit,
who had never seen a pistol, could kill the dasiardly
villain who made faces at his sister, (jeovge Pen
Johnson could hit Ferojuson at that distance at all
events ; he could shatter at six paces the thigh bone
of him who in a dramshop dared speak in other than
courtly phrases of a damsel fortunate enough to be
under the chivalrous protection of a Johnson ; could
with a bullet at six steps inflict a torturous wound
upon this fhppant-tongued honorable, whidi should
cause him twenty-four days of acutcst suffering and
finally death under amputation. Ferguson could well
enougli be spared, and if he had taken Johnson with
him California would not have been the loser. Among
those who call themselves gentlemen, who pretend to
that honesty and culture which give manners to so-
ciety, such scenes are by no means attractive — less
so, indeed, than those of the mad miners en-
camped along the gold belt, v/ho shot and slashed each
other in their bacchanals and cared neither fi)r (:rod
nor man. Law now steps in to give the final touch
to tliis ghastly farce. Surrendering to the authorities
of Marin county, Johnson was tried, and acquitted,
on the ground that Ferguson did not die from tiie ef-
fects of the shot, but because he would not submit to
earlier amputation 1 Most worshipped law ; incor-
ruptible, direct, void of hypocrisy and guile, let all
good villains bow at the mention of thy name 1
The most notable of Californian duels was that
fought b}' David S. Terry, associate justice of the su-
preme court ; and David C. Broderick, United States
senator from California. Both of these men were
actively opposed to the vigilance connnittee ; both
made politics a profession, both were high in official
position, derived their influence and support imme-
diately from the government, and held themselves up
as lights of the law shining upon the obscured intel-
lects of mechanical and mercantile plodders. Now,
764
DUELLING.
at this time in California the law against duollhig; was
plain enough, and stringent enough, but chivalrous
lawmakers paid no further attention to it than to
euii)loy it as a scapegoat in their unlawful murders.
Duellists were disqualified by law from holding office;
tlie majority of duellists were (»ftice-holders ; office-
holders fought duels and yet retained oflfice. Whence
it appears, following their example, tliat the highest
crime recognized by law may be perpetrated with im-
punity by the highest officers of the law, while the
most righteous acts of citizens, if done outside of the
prescribed forms of law, cannot be too severely de-
nounced and punished. No duellist has ever suffered
the punishment prescribed by law in California.
Midsummer 1859 saw Terry a defeated candidate
before the democratic convention for renomination to
the supreme bench. Broderick was a rough man,
and a violent politician of New York hybrid republi-
can proclivities, madly determined his head should be
higher set, either in the affairs of state or else upon a
stake ; and it was to him and his party that Terry
owed his defeat. In a speech at Sacramento, deliv-
ered before the convention held in Benton's church
the 24th of June, while professing resignation yet
smarting under defeat, Terry said, "Who have we
opposed to us ? A party based on no principle, ex-
cept the abusing of one section of the country and the
aggrandizement of another; a party which has no
existence in fifteen states of the confederacy, a party
whose principles never can prevail among free nn n
who love justice and are willing to do justice. What
other? A miserable remnant of a faction sailing
under false colors, trying to obtain votes under false
pretences. They have no distinction the}'^ are en-
titled to ; they are followers of one man, the personal
chattels of a single individual, whom they are ashamed
of. They belong heart and soul, body and breeches,
to David C. Broderick. They are yet ashamed to
acknowledge their master, and are calling themselves,
BRODERICK-TERUY AFFAIR.
7C5
forsooth, Douglas democrats, when it is known, well
known to thoni and to us, that the gallant senator
from Illinois, whose voice lias always been lieard in
the advocacy of democratic princijdes, who now is not
disunited from the democratic party, has no atKliation
with them, no feeling in common with them. l*er-
liaps I am mistaken in their right to claim Douglas
as their leader. Perhaps they do sail under the flng
of Douglas, but it is the banner of the black Doug-
las, whose name is Frederick, not Stephen."
These and other remarks of like nature were printed
in the Sacramento papers, and copied generally
throughout the state. Broderick read them next
morning while at breakfast at the International
Hotel, and very naturally broke out in a fit of violent
personalities against Tcrrj'. It hajjpened that D.
W. Perley, friend and former law partner of Terry,
was seated at the table near Broderick, and heard
what he said. Perley claimed that Broderick's re-
marks were directed to him ; at all events he replied
to them, and Broderick retorted. Women being
present at t^.e table, Perley withdrew, and soon after
sent Brciderick a challenge.
Under date of Juno 20th, Broderick wrote in reply
to Perley that the publicity of the affair, if for no other
cause, prohibited a hostile meeting. Other reasons,
however, did exist which placed it beyond the power
of Broderick to give the satisfaction demanded.
Within the past few days Perley had made oath that
he was a subject of Groat Britain, and at the time of
the alleged insult and in the presence of gentlemen
the writer had said that he could not accept a chal-
lenge from one who had no political rights to be
affected by Indulgence in the practise of the code.
" For many years," continued Broderick, "and up
to the time of my elevation to the position I now
occupy, it was well known that I would not have
avoided any issue of the character proposed. If
compelled to accept a challenge; it could only be
m
DUELUNO.
from a gcntloman lioUliuj^ a position equally clovatoa
aiui rospoiisibie, and there are no circumstances wliicli
coukl induce me even to do thus during the pcndi-ncy
of the present canvass. Wlien I authorized tiie an-
nouncement that I would ad<lres8 the people of Cali-
fornia durin_!4 the campaign, it was suggested that
efforts would be nuule to force me into dUHcuUies,
and I tii'termined to take no notice of attacks from
anv source during the canvass. If I were to accriit
your challenge, there are probably many other gentle-
men who would seek similar opportunities for hostile
meetings, for the ])urpose of accomplishing a jxjlitiotl
obj'ct, or to obtain public notoriety. I cannot atlbrd
at the present time to descend to a violation of the
constitution and the state laws to subserve either
their (»r your purposes."
Perlcy then in a card to the public pronounced
Brodcrick's letter a tissue of evasive falsehoods, mean,
quibl)rmg. dastardly, and that the writer was no Ic ss
void of courage than of principle, and tluit thence-
forth he had no right to the name of gentleman.
Two months elapsed, when, election being over,
and the term of the supreme judge near comjiletion,
Terry descended from his bench and demanded by
letter of Broderick an apology for the abusive words
spoken by him in the presence of Perley at the bn ak-
fast table of the International hotel. Broderick asked
particular mention of the language used. Terry gavi;
it as follows: "I have heretofore considered and
S]»okcn of Judge Terry as the only honest man on
the upreme court bench ; but I now take it all bark."
Or \ those were not the exact words, said Tc rrv,
thei ny words reflecting on his character as a gentle-
man id a magistrate.
To this Broderick replied that his words were
occasi ned by offensive allusions to him made liy
Terr\ at the Sacramento convention, and that as
nearly as he recollected the language used at the In-
ternational hotel was as follows; "During Judge
THE MEETING.
707
Terry's inoarcoration l>y the vigilnnro comrnittpo, I
paid ,f-J()() u wvvk to 8Up[K>rt a newspaper in liis ile-
foiice. I iiavo also stated, liert't(>ru»'o, that I cnn-
sidcred him the only li(most man on the Bupreme
heiich, but I take it all hack." At a thiie when vitu-
peration was the lan«jjua}j;o current in political cindcs
Brodcrick was sonjuwhat surpined that w«)rds so
mild should be selected as the pretext for a nu'cting
and he could add in liis letter to Judge Terry : " You
are the best judge as to whether the languan'c affords
«j;o(«l grounds of offence." To this letter Broderii k
received a reply from Terry demanding the usual
satisfaction.
Long before tliis the issue of the correspondence
haii l)een determined, so that preliminaries were
brief Brodorick held that before he could retiact
the words spoken by him at the International, 'i'erry
must retract the offensive language used by him at Sac-
ramento.and nothing was further from Terry's purpose.
The fermentations of political hate had n aciied the
murderous stage, and one or tlie other of tlie leaders
nmst die. "Evil doers are punished," says l*rota-
goras "not in retaliation for past wrong, but to jne-
V Mit future Mrong;" so these politicians looked before
rather than behinil them.
Just over the San Francisco boundarA^ in San
Mateo county, on the morning of the 1 1 Ai of Sep-
tember, the combatants met; but before their l)]()ody
work began, Burke, chief of the San Francisco ])olice,
appeared upon the ground armed with a wanant of
arrest from each county. Arrived at the ]>()]ice court
tlie charge was dismissed; and the two men were
given their liberty on the ground that there had been
no violation of the law.
Two days later, at a quarter to seven o'clock, on
the morning of the 13th of September, at Davis'
rancho, about two miles south of the east end of Lake
Merced, being another point in San Mateo county
some twelve miles distant from San Francisco, they
ri
i
768
DUELLING.
met again and with more fatal result. The morn-
ing was fair, and the sun dropped gently its re-
freshing warmth as if in one last attempt to soften
the steeled hearts of these murderous men. So^ne
sixty persons were present, and among them no in-
terfering police. Coolness and indifference, either felt
or assumed, was manifested by both principals, who
stood apart conversing cheerfully with their attend-
ants while preparations were in progress. The choice
of weapons was won by Terry, and the choice of
position and word by Broderick. Eight-Inch Belgium
pistols, both set with hair trigger, were the weapons
used, and the distance was ten paces. Lagrode, who
loaded the pistols, testified before the coroner that
B ' dcrick's was more delicate on the trigger than tlie
one used by Terry. The word was to be the usual
"Fire; one, two, three 1"
The C(5mbatants were placed in position. Broderick
seemed careless and awkward. "Terry was as cold
as a marble statue," says the French journal Le Phare,
"not a muscle of his body moved; his eyes were fixed
on Broderick, and in his attitude was recognized the
practised duellist. He mahitained his position as erect
as an I, the arms straight along the body, the feet close
together, and reducing his height as much as possible."
According to the Alta's report, a second then stepped
forward and called the word "Are you ready, gentle-
men?" Fixing his eye keenly on his antagonist
Terry promptly replied "I am ready." Broderick,
grasping his weapon more firmly, likewise answered
"ready;" meanwhile partly turning from his vertical
position, exposing a fuller form as a mark for his ad-
versary. Broderick's hat was drawn partly over his
eyes and he seemed to be scanning a line on the
ground between him and his antagonist. Terry, on
the contrary, stood perfectly motionless, and eyed his
enemy calmly. Then at the word "Fire; one, twol"
Broderick partly raised his arm when his pistol dis-
charged prematurely, and the ball entered the ground
DEATH OF BRODERICK.
799
a few feet in advance of where Terrj stooa. Not
more than two seconds after Terry, who had raised
his weapon, deliberately covering with it the breast of
his opponent, fired. The ball penetrated Broderick's
right breast, causing him to fall before his seconds
could reach him. "The shot is not mortal," exclaimed
Terry. " I have struck two inches to the right.'*
When he saw his proud enemy stretched upon
the ground, he slowly retired with his friends. How
these murderers can live, basking in the wrath of
heaven, as Juvenal would say, is a mystery to those
who feel within them conscience and humanity.
For four days Broderick lingered, suffering, when
not delirious, the greatest agony. "They have killed
me because I was opposed to the extension of slavery,
and a corrupt administration," he exclaimed in one of
his conscious moments. On the morning of the I7th
of September he died. The city was profoundly
moved. Two thousand citizens, beside the Pioneers
who buried it, followed the body to Lone Mountain
cemetery, where a granite monument now marks its
resting-place. Broderick seemed to find politics prof-
itable, as he left an estate of some $400,000. He left
a will at Washington, which was vigorously contested
at San Francisco, one of his seconds playing a con-
spicuous part in it, but was finally admitted to probate.
Writing the day ot Broderick's death, the editor of
the San Fr&ncim'o BuUetin says: " Whoever reads the
corresponuence between Messis Broderick and Terry
that preceded the late fatal duel, must be struck with
the trifling nature of the original quarrel between the
parties, and the absence of everything like an impera-
tive caute for a hostile meeting. Judge Terry, in the
heat of an extemporaneous speech, used language of
a general nature calculated undoubtedly to excite
anger in the breast of Mr Broderick. Yet that lan-
guage, when analyzed, did not reflect upon Broderick's
personal character or honor. It was injurious to his
l>'>litical interests, being calculated to estrange hiii
{'AL. Tnt. Poc. 49.
770
DUELLING.
political adherents. Broderick, in reading Terry's
speech, in a momentary fit of anger, as appears most
abundantly from the facts, declares that he had for-
merly believed that Terry was an honest judge, but
that he took back his former opinion. This remark
being reported to the judge, the latcer is induced to
wait two months, until the election campaign was
over, when he writes to the senator, and asks him to
retract his intimation upon his honesty.
" Taking the matter at this point, we say that the
quarrel was not of such a deadly character as to make
it absolutely necessary that a meeting should take
place. Say that the seconds and advisers of both
parties had been peaceably disposed, had been gov-
erned by a strong desire to prevent the shedding of
blood, and we hold that it would have been easy to
have prevented a duel. Mr Broderick distinctly
stated that his remarks at the International hotel
were called out by Judge Terry's speech in Mr Ben-
ton's church. Now, what prevented Judge Terry
from saying that in that speech he did not intend to
say anything personally dishonoring or offensive to the
senator? After reading that speech, we think that
such a disclaimer, while it would in all probability
have led to an amicable settlement, would have 'been
in consonance with the truth. Mr Broderick, after
such a disclaimer, if proper counsels had prevailed,
could with honor have withdrawn his passionate re-
marks made at the International ; and what has ter-
minated in a sad calamity might then have ended in
an exchange of courtesies. But even if Terry had
been obstinate, and refused to modify his first obnox-
ious language, since that of itself was properly no cause
of mortal quarrel, it would have been more magnani-
mous and honorable in Broderick to soften the bad
spirit of his own remarks so as to have taken away
even the pretext of a duel. Where there is a will
there is a way. The honor of Mr Broderick, we
think, could have been preserved in the eyes of all
CENSURE OP SECONDS.
rti
honorable men if only his friends had taken the kind-
est and best course for their principal.
" But unfortunately, opposite counsels on all sides
prevailed. Both principals seemed to have been sur-
rounded by a set of bloody-minded hotspurs, who were
disposed to urge on the meeting to a fatal issue rather
than allow on either side the minutest waiving of
punctilio. Though Terry's original speech was given
doubtless with no thought of provoking Broderick to
a duel, and Broderick's rejoinder was made in hot
blood at the instant of receiving a strong provocation,
neither was allowed to state the truth, to bring about
a reconciliation, but were hurried to the field, with
deadly weapons in their hands, to shed blood without
justification or reasonable cause. We hold that the
seconds of these duellists are strongly to blame. They
should have prevented a meeting on such trifling
grounds. Failing to do so, they must be considered
as accessories before the fact to a cruel homicide, and
the law should vigorously be enforced by the proper
authorities to bring them to justice.
" But we go further than this, and maintain that
the seconds are the true instigators and promoters of
all duels. The principals in their hands are men of
wax, and can be moulded as they will. If people
of good standing in society will refuse to throw the
mantle of their position over the angry, deadly pas-
sions of would-be duellists, the practice itself of duel-
ling would soon expire. The seconds think that,
without any bodily danger to themselves, they have
the reflected honor of their principal's bravery and
contempt of death; then let them also have their re-
flected punishment. Let that be made as exemplary
as the punishment of the surviving principal and we
may soon hear less of duelling. The seconds or friends
of Mr Broderick were Joseph McKibbin, ex- member
of congress, and David D. Colton, ex-sherifl* of Siski-
you county. Those of Judge Terry were Thomas
Hayes, ex-county clerk of San Francisco, and Calhoun
772
DUELLING.
Benham, a lawyer in this city. All the&e men deserve
the penitentiary equally with Judge Terry."
And now, after this cold-blooded exhibition of in-
humanity and wanton insult of the law, comes the
prostitution of the law, for the shielding of its august
offender. Throughout life Terry's actions, if they
speak at all, imply simply this : laws are made for the
masses, who must be taught to respect them, to re-
gard it as impious to break, or even so much as vio-
lently to touch them. We who make and construe
the law, while outwardly showing it the greatest def-
erence for ourselves and our ermine's sake, may in-
dulge in a little license ; at all events we will so indulge
and break it when we please. Knowing thoroughly
its temper, pliability and capability, should we find
ourselves at any time unfortunately without the pale
of it, we will bend it to our purpose. Teach the peo-
ple to bow before law as before any superstition, and
we, the ministers of the law, may gratify our lawless
passions as we please.
Seeing the destruction he had wrought upon his
adversary, Terry retired to his farm twenty-five miles
from Stockton. Before the duel he had given his
resignation of office to a friend to be handed to the
governor in case the affair came off. On the 17th of
September Terry was arrested by policemen Lees and
Ellis, on a warrant sworn out by P. W. Shephard, and
issued by M. P. Blake, county judge. He was brought
before the court and released on giving $10,000 bail.
F. Truett, his defender before the vigilance committee,
was one of his bondsmen. The case was several
times postponed and shifted from one court to another,
until after nine months of dexterous manipulation it
was sent by Hager of the district court to Marin
county. "Few of our readers will be surprised at
this result," says the Bulletinoi the 11th of June 1860.
" To use a vulgar phrase, it was one of those things
which had been cut and dried, and most people here-
abouts were expecting it. The history of this prose-
THE TRIAL FARCE.
773
cution is not calculated, however, to give people abroad
a very high opinion of the impartiality of criminal
proceedings in California. By a general law, Terry's
case should have been tried by our court of sessions ;
but Terry did not like our court of sessions ; and so,
not being able to dispute the authority of that court
to try him, he asks the legislature to pass a law tak-
ing all such cases out of courts of sessions. This the
legislature did ; in order to prevent a man charged
with a crime from being tried before a court he does
not like, courts of sessions all over the state are de-
clared incompetent to try duellists. That was the
first step. The case then came before Judge Hager
of a district court. There Terry made a new demand :
he asked now to select his own place of being tried,
and his own judge. All this has been granted. The
case is sent to Marin ; and J. H. Hardy, it is plain to
see, will be the judge. How the trial will terminate
is not hard to divine. A Marin jury acquitted the
duellist, Johnson, who also killed his man ; and it would
be strange if they do less for Terry."
Plate sin with gold
And the strong Ittnce of justice hurtless breaks ;
Clothe it in rags, a pigmy's straw doth pierce it.
Hardy, a personal friend of Terrj^'s, and a most
chivalrous and fire-eating judge of the law-and-order
stamp, came down from Mokelunnie Hill for the ex-
press purpose of presiding temporarily at tlie seventh
district court held at Marin county, in order to free
his friend. Wliat liad these men to fear from the law
when they could so play upon it that it would sing
any tune that best pleased them ? And now liear the
conclusion of the whole matter. The day is fixed for
trial, the hour has arrived; the witnesses from San
Francisco who should have been present are becalmed
upon the bay ; the court waits, and drinks, and smokes,
and swears a little; then the prosecuting attorney moves
a nolle prose/jui, and the trial of the Honorable David
S. Terry, late judge of the supreme court of California,
774
DUELLING.
for the killing of the Honorable David C. Broderick^
late United States senator from California, ends be-
fore it begins.
A record of Hardy's acts while on the bench, and
at other times, would tend in no wise to raise the
character of these proceedings in the eyes of good
men. I give but one incident among many: While
judge of the sixteenth judicial district in March 1861,
he was iiidicted by the grand jury of San Francisco
for mur Jer, as being accessory before the fact to the
killing of Samuel T. r^ewell. It was said that Horace
Smith, brother-in-law of Hardy, visited the city the
New Year's day previous, for the purpose of killing •
Newoil. This adds but another case of ruffian justice
to the long list which disgraces the record of the ad-
herents of law-and-order.
Were I permitted but one word, one argument in
favor of vigilance, I would point to such men as these.
Behold them on the bench, behold tham as politicians,
as lawyers, as members of the commonwealth ; be-
hold their blood-stained hands, their ever-ready and
bloody weapons, behold them in public and in private,
at home and abroad, insulting the law and constitu-
tion, which so used to impress their sense of duty in
vigilance times 1 behold them anyhow or anywhere,
and they bespeak in stronger words than mine the
necessity of vigilance committees in all places where
such characters abound. As I love such men, so hate
I law, justice, and morality.
Among the merry men of Shasta in 1859 d>
sham duel was arranged between Grove K. Godfrey,
superintendent of common schools, and William B.
Stoddart, trustee, the latter alone of the two princi-
pals being privy to it. The meeting was to take place
at French gulch, the weapons, derringers, and the
distance ten paces. The pistols \v are loaded with bul-
lets of cork covered with tin foil, in the presence
of the assemblage which consisted of about sixty per-
GATEWOOD AND GOODWIN.
775
sons, including most of the notables of the district.
The challenger, Stoddard, failed to appear and his
second, Levi, took his place. It was arranged that
Levi should fall, but Godfrey's pistol failing to dis-
charge, the joke soon leaked out, and so enraged was
the dupe, that Levi narrowly escaped with his life.
It was " conducted upon the most humane and hon-
orable terms known to the code," they said, when on
the 16th of September 1859, William J. Gatewood
shot P. Goodwin in the abdomen with a rifle at forty
yards, so that he died in excruciating agony within
three hours. The killing was done in a very gentle-
manly manner. Gatewood was a lawyer, and Good-
win a doctor.
" Doctor I am very sorry that this affair has term-
inated so ; very sorry indeed," said Gatewood.
" I am glad to know that you acted like a gentle-
man," replied Goodwin.
It was beautifully done ; and so sentimental like I
One would think the lawyer would almost rather
have been shot himself, and that the doctor found it
sweet to die at the hand of so gentlemanly a slayer.
The people of San Andreas where the two men lived
were likewise sorry ; they were both good fellows and
had their friends. They did not approve of an incen-
sate fashion based upon feudallstic superstition and
brute force, but, said they, " when the supreme judge
of the state lays aside the ermine to fight a duel;
when a United States' senator does not think it so
terrible to face the shot of an experienced marksman
at ten paces, as to look public opinion in the eye and
incur its scorn by refusing to accept a challenge;
when society and the people lavish their favors and
caresses upon those who have fought duels, and honor
the successful slayer — we see no recognized crime or
violence to the commonwealth in the act." Goodwin
spoke sharp words to Gatewood ; Gatewood struck
Goodwin ; Goodwin challenged and Gatewood killed.
Glory to Gatewood I Poor Goodwin ! Gatewood
IS
776
DUELLING.
sorry to kill him, but he should not have spoken
hastily.
There were principals, seconds, surgeons, friends,
and gapers to the measure of five carriages, which
conveyed them before six o'clock in the morning from
San Andreas to a flat near Torman's. Here the high
slaughterers descended from their vehicles and took
their positions. At the word both sprang their rifle
locks, but Goodwin's gun hung fire and Gatewood's
ball sped upon its death mission. Evidently Gate-
wood contemplated blood in some quarter, for he
brought to the field a vehicle suitable for the easy
carriage of a dying man, and this he magnanimously
left to the one he had made to feel the need of it.
Duels this year were quite the thing, particularly
among jurists. Only three days after the aflair at
San Andreas the town of Sonora sent forth its shrill
crow over a first-class fight. Sylvester Knight and
J. E. Easterbrook were the combatants ; Knight fell
at the first fire.
Daniel Showalter, of Mariposa, thirty -two years of
age, speaker pro tempore of the assembly, and Charles
W. Piercy, aged twenty -four, member from San Ber-
nardino, two light-headed boys lately from declaiming
school, fought eight miles from San Rafael, at four
o'clock. May 25th, 1861, with rifles at forty paces.
Upon our legislative floor hourly in accordance with
their well-paid duty stood these two wise and most
honorable young gentlemen making laws for sufiering
humanity, when one day upon a certain question
Showalter asks leave to explain his vote. Piercy ob-
jects. Showalter has nothing but contempt for any
gentleman who objects. Piercy challenges and Sho-
walter kills him at the second fire. Had the aflair
happened thirty years later, possibly Showalter's shot
might have dissipated more common-sense.
" The logic of the Enterprise editor is like the love
of God." These mysterious words appeared in the
editorial of a certain issue of the Virgmia Union dur-
his
FIERY EDITOK.S.
777
ing the autumn of 1863, of which Thomas Fitch wa8
editor ; and he of whom they were written was I. T.
Goodman, editor of the Territorial Enterprise. Good-
man's aticle which called out the mystic rejoinder
was more slashing than sound ; and when the writer
first read the criticism he thought that Fitch, with
a forgiving spirit, intended it as a compliment. Tlie
love of God was surely good, and so must be likewise
his logic.
But the reporters, literary bummers, and wise men
of Virginia city began to question among themselves
what deep or dire significance lay wrapped in the
words. Whose were they and what was their con-
nection ? Mark Twain thought the words were from
Byron. Dan de Quille was sure he had seen them
in Baxter's Saints' Rest. The astute Goodman himself
claimed them for Shakespeare. But finally a thin-
haired rosy-vlsaged occupant of the bench beside the
entrance to the Fashion saloon, who had once been
whipped for running away from Sunday school, sug-
gested the bible. After due search a copy of the
book was found, and the passage brought to light,
with its continuation — "in that it surpasseth human
understanding." The astute Goodman's eyes were
opened, and he immediately set about to mend his
logic by sending Fitch a challenge to mortal combat.
The editors of Virginia were at that time, as a
rule, pugilistic in their proclivities ; what they lacked
in logic they made up for in pistolings; hence most of
them were already under bonds to keep the peace,
and new indulgence must be sought beyond the limits
of the territory. So the valley called Dry, over the
Californian boundary, was chosen for the further in-
terpretation of this scripture passage. Sophistical
as Goodman was with the pen, he was no less illog-
ical with the pistol. Ferrend, his second, recommended
a few lessons, and two days before the appointed time
the two went over into the valley to practise. A
pine burr placed midway between Goodman and a
778
DUELLING.
large tree served as a target. The instructions were
" Fire low and raise your pistol in a line with the
burr." The instructor gave the word, and the pupil
fired. Both burr and tree remained untouched.
Before the two days had expired, however, much am-
munition had been spent, and many burrs shattered.
The morning of the meeting broke cold and crisp.
A large fire had been built of dry pine limbs, at which
the injured Goodman was warming hiijiself There
lie stood awaiting his enemy, half in hope and half
in fear, as Hector waited the appearance of Achilles
before the walls of Troy. Presently Fitch, attended
by his friends, drew near. The combatants were soon
placed in position and the word given to fire. Simul-
taneously the shots rang through the valley, the
astute Goodman stood erect, but Fitch dropped his
pistol, grasped his knee, and turning half round fell
to the ground. Then all went back to their re-
spective avocations, happy in the consciousness of a
duty well performed, of a great principle vindicated,
and of an intricate question solved. Meanwhile the
astute Goodman thought to mend his logic, while
Fitch thought only of his knee.
Billy Mulligan and Tom Coleman having quarreled,
proceeded according to the custom of such gentlemen
to settle the difficulty by an informal shooting. Meet-
ing one day in April 1864 at Austin, Nevada, Cole-
man drew ; but Mulligan from long association with
the law and order party, with governors, congress-
men, legislators, and judges for his friends, was becom-
ing somewhat fastidious in his tastes, and proposed
the matter should be conducted on the latest and
most approved method. Coleman agreed. Next day
they met and fought with revolvers at ten paces.
After exchanging six shots, in which Coleman was
twice wounded, once in the finger and once in the leg,
the distinguished gentlemen retired from the field.
At Laguna Honda near San Francisco in June 1865,
VERY POOR SHOOTINi;.
779
a mock duel came ofl' between a tailor and a barber,
the latter only being cognizant of the joke. The de-
tails are ttx) childish for record.
At Music hall in Virginia, Nevada, on the 9th of
March, 1805, a difficulty arose between Boss Fouke
and Charles Safford, well known in the sporting circles
of that vicinity. Fouke drew a weapon. Safford
said he was not anned ; and besides, that was no way
for gentlemen to fight. If Fouke would name a time
and place, Safford would meet and remain witli him
as long as he should desire his comimny. Fouke ac-
quiesced ; and the next morning an agreement was
drawn up in writing, and signed by both, to meet
that day at five o'clock at Long valley, and with navy
six-shooters, at ten paces, to fire at the word, and
then to advance at pleasure, and to continue firing
until all the chambers should be discharged if one of
them was not disabled in the meantime. Accordingly
they met, about 150 persons being present. Each
had two seconds ; Fiimegan and Louis La Page act-
ing for Safford, and Dr Colombo and Jack McNabb for
Fouke. The combatants were stationed, the weapons
placed in their hands, and the word given. Fouke
was struck at the first fire; but swerving to the right
with his head bent downward he continued to shoot.
Safford advanced two paces in a direct line keeping
up the fire. Every shot on both sides was expended
but there was no hit after the first fire, which sent a
ball through the fleshy part of Fouke's breast making
a bloody but not dangerous wound. The men became
reconciled, then each desired that the other might
live, and shaking hands they returned to their homes.
Two friends, a book-keeper and a lawyer, living in
Virginia, Nevada, in 1865, fell in love with the same
female and quarrelled. The woman favored the
book-keeper. At a party the two men came to blows
and pistol shots. Next day the lawyer challenged
the book-keeper to fight, but the latter declined.
Toward evening the two men met on the street. The
ii
780
DUJaj.lNO.
lawyer drawing at once a whip and a revolver struck
the book-keeper and exclaimed, ** You won't tight, eh 1
Then take that I and thatl" accompanying the first
exclamation with a blow of the whip on the head,
and the next with a pistol-shot which took effect in
the side. The book-keeper staggered back for a
moment, then drawing a pistol both fired simultane-
ously, the ball from the book-keeper's pistol entering
the lawyer's brain. The book-keeper married the
girl. This is a very common-place story ; but its
frame- work will answer for a hundred others.
Charles Anderson and a Mr Lewis, in January
1866, at Sinker creek, ten miles below the Ainsworth
mill, in Owyhee county, Idaho, quarrelled about some
hay, and fought with knives. Both were killed ; one
died immediately, and the other shortly afterward.
The TerrUorial Enterprise of the 31st of March,
1857, thus takes off a fight which occurred at Dayton
between B. F. Leetingham and A. L. Buck, the
combat being the ultimate appeal in the settlement of
a dispute concerning a piece of sluicing-ground.
" The dispute between the parties was about a piece
of sluicing ground, but no matter about that. The
fight began about six o'clock in the morning, when
Leetingham came into the ring smiling, and knocked
a chip off Buck's shoulder. Buck in return gave
Leetingham a look which cut him to the soul. First
blood for Buck I The bottle-holders advanced, and
sponged their mouths and nostrils. Time being called,
the principals resumed their places. Till half-past
eight o'clocP.: the parties stood face to face, neither
moving a muscle. Then it was thought by some of
Buck's baclii^i's that Leetingham was observed to
wink, and they called upon the referees to decide the
dispute. On looking for the referees they were no-
where to be seen. A committee started toward the
town to find them, as some one said they had gone off
in that direction nearly an hour before to get, as was
supposed, a supply of blue-ruin whisky. About half
8Pi<X3IMEN OK NEVADA HUMOR.
781
way between the ring and the town they were found,
sitting flat on the ground with a gallon measure of
whisky between them, and each a clay pipe in his
mouth. One was backing Buck and the other Leet-
ingham. Both were naked as the day they were born,
having bet all their valuables, then their hats, and
one article of clothing after another, piling them up
in a heap, till nothing was left but their pipes, which
they were in the act of betting when found. As they
were too drunk to stand, they were not disturbed.
Meantime the fight was growing more furious. It
had been asserted that Buck wmked at about the
same time that Leetingham had done so, and the sec-
onds were about to call it a draw and advance and
sponge them off when Buck made a mouth at Leet-
ingham. Leetingham could no longer bo restrained,
and established rules had no meaning for hhu. He
advanced a step toward Buck, and thrust his tongue
out at him. The fight was now a regular rough and
tumble. Leetingham continued to advance upon
Buck, punishing him severely in the manner we have
stated, till both were far out of the ring, the crowd
following and cheering for Leetuigliam. This con-
tinued to be the position of this brilliant and stub-
bornly contested affair till half-past nuie o'clock, two
to one being offered on Leetingham, with no takers.
Leetingham now made an attempt to take a chew of
tobacco, but in doing so made a bad mistake, as the
moment his tongue was in his mouth. Buck seeing
his chance, at once thrust forth hie own, and having
thus turned the tables on his antagonist, caused him
to retreat. In going backward, Leetingham fell into
a shafb some 280 feet in depth. A windlass was pro-
cured, and he was hoisted out. On reaching the sur-
face he was still unconquered. Placing his thumb
upon his nose, he made a charge upon Buck, twirling
his fingers savagely. At noon, the fight being still
in this position, the spectators all went to town to
dinner. Returning about one o'clock, they searched
782
DUELLINO.
till about four in the evening for the combatants, bets
being high all this time on Leetingham, when they
were at last found on a rocky point projecting over
the surging waters of the Carson. Leetingham was
crouched upon the farthest projecting point of a crag,
begging pitifully for quarter, while Buck was seated
complacently before him, triumphantly pulling down
the lower lid of his left eye with his unsparing right
forefinger," This very funny and instructive story
was doubtless by Goodman.
Ferrend — major, they used to call him, in recherche
affairs every second must have a title if he has noth-
ing else — Ferrend had many calls of this kind during
the early days of Nevada. He was easily found,
smelling blood from afar, and was always ready to
assist at a funeral of this sort. One day in Wood and
Wilson's saloon, Jack Hunter knocked Bill Pitcher
down. Pitcher arose, found Ferrend, and challenged
Hunter. The latter assented, and named dragoon six-
shooters, next morning at sunrise, at the ravine below
the Gould and Curry mill, all of which was satisfac-
tory. But when Hunter specified that all the cham-
bers of the revolvers should be loaded, and that after
the word was given firing should continue, if possible,
until the six shots were discharged. Ferrend regarded
it murderous, which strikes one unlearned in the tech-
nicalities of refined murder as the irony of duelling ;
since why should they fight, if not to kill, and after
one was killed, what did it matter how many extra
bullet-holes were made in his carcass? Nevertheless,
it was voted barbarous ; killing should be done gen-
teelly, and with decorum. Placed in position, the
word was given, and simultaneously the two weapons
rang one report. "I think I can stand another shot,"
said Hunter, but before the seconds could reload he
fainted, having been shot through the hips. Three
days afterward he died.
A duel was fought by two distinguished French
gentlemen in the vicinity of Lone Mountain cemetery
THE CODE IN PRISON.
783
in April 1869 with swords. Amidst circlings, and
divers jumping-jack manoeuvrs, they pricked each
other until the blood began to flow, when they con-
cluded they did not like it, and went home.
A duel was fought with Kentucky rifles, thirty
paces, wheel and fire, at Los Angeles the 25th of
March, 1870. The high contending principals were
John B. Wilson, son of a senator, and Charles E.
Beane, journalistic scribe ; cause, wine and politics,
a common but unhealthy mixture. Taking with them
a surgeon, which signified blood, the belligerents gat
themselves beyond the city limits, and prepared each
for the other's death. Wilson was the challenger.
At the signal Wilson turned quickly and pulled, but
the guu refused to fire, and Beane magnanimously
withheld his shot. Re-loading Wilson's piece the
order was again given and both fired. Beane was un-
liarmed but Wilson dropped his gun, his honor satis-
fied. A flesh wound was found in the left arm.
Then followed a scene of sweet reconciliation, and the
heroes departed to their homes.
Confinement does not always wring all passion from
the man, and the inmates of prisons deem their right
to cut and kill each other in a gentlemanly way as
good as that of prize-fighters, judges, and legislators.
Feter Hanley and John O'Brien lived at San Quen-
tin, lived there upon compulsion. One day, it was
the 4th of June, 1877, as for their sins they were car-
rying the hod, they indulged in an argument upon the
moral character of a Barbary coast bar-keeper. Wax-
ing warm in t'-eir dispute, and unable to injure each
other with vords, they agreed to settle the discussion
with knives, which they forthwith secured for that
purpose from one of the shops. Retiring to a secluded
spot behind one of the new buildings, they engaged in
some really cutting arguments, until the alarm was
given and they were separated. O'Brien was badly
injured. Hanley was gashed somewhat about the
face, but not so badly as to be unable to endure
I 'If I
784
DUELLING.
twenty-five lashes, which were administered upon the
bare back. It is a pity that judges, senators, editors,
and others of that stripe, could not have had
some of the same medicine administered to them.
Two old and respected inhabitants of Mariposa
county, old enough to know better, and respected
enough to do better, met informally and fought with
shotguns in September 1877. David Evans living
six miles from Homitos was one, and Moses v.
Northrup the other. Seven or eight years before
Evans' bam was burned, and he said that Northrup
did it ; said so gently at first and then more positively,
and kept saying so for seven years, until the latter
became tired of hearing it. So one day he called up-
on his enemy with a shotgun and told Evans to brjag
out his and meet him on equal terms. Evans sxm
appeared with his gun and asked, " Are you read - ? '
" Ready," said Northrup, and the two men fireu
almost shnultaneously. Evans was killed, while
Northrup remained unharmed. Thus the God of
battles adjudged Northrup innocent of having fire<l
Evans' barn. A plain, practical, common-senso
solution of a question which never otherwise might
have been solved.
CHAPTER XXV.
TALES OP THE TIMES.
How indestmctively the Good grows, and propagates itself, even among
the weedy entanglements of Evil.
— Sartor Resartus.
«
Op tales of the times I have enough at hand to
fill volumes. I can only give brief specimens. No-
where in the world's business did fortune ever turn
her wheel more tauntingly ; dealing right and left
sudden and unfamiliar changes, her ways being out-
side of ordinary experiences, so that the shrewdest
heads were little better than those supporting ass-ears
for interpreting the future. A hundred instances
might be cited ; in fact every man of those days was
the hero of an unwritten romance. Bootblack and
banker alike might give each his remarkable histor}',
only the former would perhaps far exceed the latter
in incident and vivid interest. What a thousand and
one tales they would have made, could some seer have
reid and repeated them, the Ufe's doings and changes
o^ all those varied characters in the gulches and in
the towns ; clerks, cooks, merchants, mechanics, gam-
biers, preachers, doctors, and the rest I
With the great emigration to Oregon in 1846 came
Simeon Pettigrove, distantly related, I cannot now
exactly say how, to that Pettigrove who once owmd
the ground that Portland stands on, and who should
have been one of the richest and most influential men
of that rich and hospitable city, instead of chinking
glasses during his latter days with Van Bokkelen and
Sv/an in the hotel at Port Townsend.
Cal. Int. Poc. 60
(78B>
;86
TALES OF THE TIMES.
Of the same wagon-train with young Pettigrove in
crossing the continent was Mary Wilder, a brawny
maid of eighteen, who walked beside her father's oxen
with a long whip, having a sharp gad at the thick end
to prod them on through the powdered alkaline plains,
and all the long way of that wearisome journey, tak-
ing entire charge of the team while her father helped
a neighbor with his live stock. Pleasing was she to
lot)k upon, although her face was saffroned by the sun
and dust, and her clothes bcgreased and tattered, and
her feet broad and bare, for her head and hair were
beautiful, and when iii the vein the light and warmth
of : countenance might kindle tlie campfire. Heart
anci gs were stout, and her hands well formed — fcr
yoking cattle; and woe betide the bullock that pulled
too much to riglit or left, or pressed its neck too
lightly against the yoke. All the Wilders' wealth
was in that wagon, where sat the mother 'midst the
younger children — all theirwealth except the daughter
Mary, a precious property, who must make a good
match, and help to raise the family respectability.
Along by the willows, through the sagebrush, over
the sandy desert, and over the rugged mountains,
Simeon walked with her, talking with her much, and
loving her more. He a. l;ed the father mi'dit he
marry her. No. She had nothing; she must marry
something, and Simeon had no more than s]:e.
He went his way, and came again, and went and
came as did the winter and the summer "How
much must he have who marries Mary ? " 'At the
least, a thousand dollars." Simeon was in dcsi)air.
As wages then were in Oregon, he could not lay by
that amount in five years. Tlie mines of California
now began to be talked about, and an expedition was
organized to go and dig for gold. Here was his op-
portunity, and Pettygrove was among the first to join.
And as he wound by the base oi Shasta butte down
into the valley he took a solcnni oath never to return
without the money which should buy Mary.
MARY'S LOVER.
787
Oil Feather river he bcfjan to diix. How his heart
beat, how his soul gloated over the first half ounce
secured; how beautiful it was to gaze at, how sweet,
how lovely, how pure 1 But not more pure or lovely
or sweet or beautiful than Mary, who was awaiting
him away back in Oregon. As his pile increased, his
darling yellow pile which was to secure the loved ob-
ject, he could not contain himself for joy. His com-
rades soon learned his heart's ambition, and once the
ice was broken he was forever talking of it. Soon it
was the standing joke of the camp. " Pet, how's your
gal ?" the boys used to ask when they wished to know
of the A-\'^'s success. " It's all right, boys. I'll get
her, sure,'" was the customary reply. When fifty
ounces were safely bagged — "She's mine, boys, slic's
mine," he used to say, or rather, sing; for his heart
was singing, and the voice would echo it whether he
would or no.
A hundred ounces, "Well, boys, I've got what I
came for; I reckon I better go back and marry Mary
now." Rather tamely this was said as compared with
the late wild overflow of feeling. The fact is, his
claim was paying well, and fascinated with gold-gath-
ering, Simeon did not much like to leave it. Easily
persuaded was he to remain and work a little longer.
After this the yield began rapidly to increase, until
Simeon had secured five thousand dollars. With
store clothes he put on a thoughtful and subdued de-
meanor, hired men to take his place in the ditcli, and
was soon worth ten thousand dollars, then twenty
thousand. Little was said these days regarding
Mary Finally he was asked, "Pet, how about that
Oregon gal?' Simeon hung his head a little as he
said, " Well, the fact is, boys, her folks are mighty
connnon, and couldn't give her nmch of a bringing up,
and while she's good enough for a thousand dollars, I
think I can afford a better one now."
One may be moderately shrewd with comparative
788
TALES OF THE TIMES.
safety, but to exhibit talents for circumvention and
overreaching of too pronounced a character is dan-
gerous.
Early in the fifties there arrived at Rough and
Ready one day a double-edged native of Cape Cod.
The next morning he spent in watching and quizzing
the miners who were at work. While thus engaged,
he encountered the owner of a claim who had sunk a
shaft between two very rich claims, and was now
within a few inches of an expected strike. The owner
of the shaft having business elsewhere wished to sell,
and thought perhaps a better price might be obtained
before uncovering the precious deposit than afterward.
In any event he was willing to gamble on it a little.
" Three thousand dollars was taken out o' that thar
hole," said the shaft-sinker, "and nigh on to two thou-
sand out o' this yer 'n, and there's no reason why
mine ain't as good as them."
Dinner time came round, and the diggers on the
way to their cabins stopped to talk about it, and at
length quite a crowd collected about the place. One
offered $100 for the claim, another $200, another
$250, but the owner peremptorily declined them all.
Finrlly the man from Cape Cod opened his mouth,
and in a shrill voice pitched at F sharp spoke.
"Look a-here, stranger," said he, "you don't know
me, and I don't know you, but if you believe what
you say I'll make you an offer you can't refuse."
" How is that ? " said the shaft-owner, while all
eyes were directed toward the sharpened visage of
the newly arrived.
" Well, I'll work your hole for you on these condi-
tions. If more than $200 are taken out, you shall
have the whole of it; if less than $200 it shall all
belong to me."
The owner pondered a moment. "Surely," he
thought, "there is more than $200 there. This fellow
fresh from Cape Cod is a fool. Well, it will do him
no harm to purchase of me a little experience at the
bei
A YANKEE TRICK.
789
price of three or four weeks' labor." Turning to the
Yankee he said: "Let a friend of mine work with
5"ou, you giving him eight dollars a day should you
take out less than $200, and put it all in writing and
I'll do it."
"All right, stranger," replied the Yankee, and in a
few minutes the thing was done.
The purchaser immediately went to work, and by
noon next day had taken out $180. Then he paused;
he considered ; he looked at his little pile, then quietly
laying down his pick he went to the owner of the
claim.
" I guess I'll stop now," he remarked meekly.
'Stop," said the other, "why you've only just
begun 1 "
"I know," replied the Yankee, "but I think I had
better knock off now, so there is your claim whenever
you want it. I have paid your friend eight dollars
for one day's work, for I always do as I agree and
pay my debts, I don't ask any odds of anybody. My
father is a deacon, and we all keep Saturday night.
I was brought up never to tell a lie, nor to let any
one get the start of me swapping jack-knives;
stranger, there's your claim."
In vain the shaft-owner insisted that the Yankee
should work out the claim thoroughly, and finally
brought suit to compel him to do so. The terms of
the contract were plain, and it was decided tliat the
Yankee had the right to stop working wheneve-r he
pleased. It was a very fair return for the first day's
work, but the deacon's son was obliged to continue
his perigrinations, as the diggers of Rough and
Ready felt hardly at home in company with a genius
so superior to themselves.
A reckless youth of twenty-two, named Prudon,
whose home was in Louisiana, being put financially
upon short allowance by his father for having lost
money betting on Clay's election — a game the boy
f^
TALES OF THE TIMES.
did not understana, as the father said — set out for
CaHfoniia overland and after trying his fortune unsuc-
cessfully at Placerville, then Hangtown, he continued
his journey and arrived at Sacramento in the midst
of the cholera season of the autunm of 1850. The
streets, swarming with teams loaded and loading,
presented to one just from tlie lonely dusty plain a
stirring scene, and the hotels, taverns, and gambling
saloons were so much to his liking that he concluded
to settle there.
He had been educated by his fatlier for the presi-
dency of the United States, and as he had understood
that it was necessary to undergo certain routine before
seatinjj: himself in the White House, he determined
now to adopt the profession of politics, whereupon he
ratified his determination by taking a drink. Selling
tlie poor mule that had carried him from the Missis-
sippi river, the proceeds of which constituted his entire
capital, he chose a hotel on a par with his pretensions,
and after a substantial luncheon he bethought him of
letters from home, and started for the postofhce.
The steamer had lately arrived, and at the window
was a line of one hundred and fifty or two hundred
men, at the foot of which he was obliged to take his place
and wait his turn. It was a tedious process, standing
and stepping at long intervals, as one after another
was served. The sun poured down hot, and tlie
young scapegrace, feverish and thirsty from his
fatiguing journey, hailed a passing watermelon cart,
and bought and ate, and bought another and another.
Thus in due time he reached the window but found
no letters.
To console himself for the loss of so much time and
the attending disappointment, he treated himself to a
glass of brandy and water, and as it pleased him he
took another. This caused him to feel so well that
he concluded to take several more so that he might
feel better ; in fact he would feel his best.
Brandy iu doses sufficiently strong and frequent,
WATERMELON AND BRANDY.
Wi
taken directly after watermelon, when the system is
somewhat reduced by travel, and the still, incandcHcent
air is epidemic with disease, often makes one feel like
retiring; so our young Louisianian ought his bed,
and soon was sleeping heavily. Strange to say, about
three o'clock he awoke with violent pains and called
for a physician. The doctor came and dosed him.
He was comfortless; no more brandy and watermelon
now. He kept up, though he knew the cholera had
clutched him. It seemed to him the streets were full
of hearses, and once he caught a driver closely eyeing
him as if casting in his mind about how long it would
be before his services would be required.
Day after day he grew weaker, and finally was con-
fined to his room. The landlord gave him up, and
disliking him to die in his house lest it should frighten
away his guests, he reconmiended him to the hospital.
A long, low, adobe building at the fort, a little dis-
tance out, was used for that purpose. Our young
friend was not much pleased at the thought, but he
was now so weak that he could not offer nmch oppo-
sition. The hospital wagon was ordered round, and
the sick man was carried out on a mattress. AnotluT
invalid was called for and taken in, who was yet more
ill ; at all events he groaned fearfully all the way out.
The ride and the fresh air seemed to revive Prudon,
and when he reached the hospital he was able to stand
alone, and while they were carrying in his fellow-pas-
senger, he seated hhnself in a chair that stood under
the verandah which ran round the building. Just
then a small, pleasant-looking man in a green cap and
tassel made his appearance at the door.
" I say, stranger," ventured Pruuon, "can I have a
glass of water?"
"Why, are you a patient ? ' asked the little man.
"I should say I was," replied Prudon, "I came
her6 in that wagon."
Much to the joy of Prudon, who was very thirsty,
the little man disappeared within the door with alac-
792
TALES OF THE TIMES.
ritv. He soon returned, but instead of water he held
a book in his hand, and approaching the invalid he
opened it and drew from his pocket a pencil.
** What is your nanle '( "
" Prudon.'*^
" Give it to me in full if you please ; and have you
any friends here, and where is your home ? "
" Answer me one question first," replied the patient,
now growing weak and irritable, " why are you so
particular about all that ? '
" So that, in case you die, vou know, I may be able
to write home for you."
Piudon began to feel that he was indeed booked
for the next world, and looked at the small door cut
through the thick adobe as the opening to his grave.
He now asked to be taken in, for he was getting weak
again, and was almost choked with thirst. The little
man called two attendants, who took him up, and en-
tering the door laid him on a bed. The room was
about seventy feet in length by thirty in width, and
contained nearly one hundred invalids in every stage
of the disease. They were stretched on cots ranged
in rows across the room. Some were groaning and
some were cursing, but most of them lay quite still.
They were cared for as well as might be at such a
time and in such a place, but it was pitiful to see them
lying there alone, and dying alone, and at such a fear-
ful rate. For every morning when the attendant
went round he was sure to find three or four of them
cold and stiff, having died without a word, and appa-
rently without a struggle. Of such the attendants
merely straightened the limbs and covered the head
with the blanket ; then taking up the cot, they carried
it out at the back door, put the bodies in a rough
board coffin, and stacked them up to be carted away.
Truly, never went men so far to find a death so sad.
Our Louisiana friend did not like this night dying,
and so he took care to waken early in the morning,
that he might not be carried out and boxed up asleep.
A CONVERTED SINNER.
703
A <fn(fd doctor helped him through, however, and in
time ho was convalescent. Then with return in*; ap-
petite, how he thought of home, and longed for some-
thing from his mother's table I
Discharged at last, he walked, or rather, crawled,
one morning into the city, ragged, dirty, and without
a dollar in money. After walking about some time,
weak and fainting, he seated himself upon a step.
Matters were getting serious with him. Ho was not
yet fit for work, although he was well enough to leave
the hospital ; but to earn or make or get his dinner
and a place to sleep, he had not the remotest idea how
or where. Fortune now smiled on him in a way he
least expected. Seated thus, ho saw crossing the
street one he should know. Could it be possible,
Caleb Anderson, his old friend and college mate?
"Cabel" he shouted. The man turned and looked at
him, looked earnestly. He saw it all. Dress, feature,
attitude — what volumes were written tliere to the
friend who could read them I Approaching his old
comrade, he lifted him up, and drawing his arm within
his own he led him away, speaking scarcely a word.
The meeting of friends, often under circumstances the
most peculiar, each of whom had come to California
unknown to the other, if told upon the pages of fiction
would be pronounced improbable. Prudon's troubles
were over, and he was soon in a position to help
others, as he had been helped.
A godless gold-digger strolled into a new methodist
church at Forest City one Sunday, and after gazing
listlessly about for some time, his attention was at
length arrested by the story which the mitiister told
of a miner who had miraculously escaped death on
falling into a shaft while in a state ni i itoxication.
So impressed was this man by a sense ot the danger
he had escaped that he immediately sought religion
and found it.
"After sitting one hour on the repcntant's seat,"
m
TALES OF THE TIMES.
said the preacher, "God forgave liiin his sins «»nd
thenceforth he was a new man."
Now it happened that the hsteuer hhnself liad like-
wise one night not long since become beastly drunk,
stumbled into an old uncovered shaft on his way
home, and escaped unliarnied. The force of example
fell upon him. He became uneasy, twisted himself in
his seat, and finally rising up called out to the
speaker, "Is that a fact?" "It is certainly true,"
replied the preacher. Turning to the one seated
nearest him, he exclaimed, " My case exactly ; I fell
into a hole, came out all right ; religion must be a
good thing ; by God I'll try it on too 1 " Therewith
he marched forward and took his seat under the more
immediate droppings of the sanctuary.
Among the miners at Carson creek, near the
Stanislaus river, was an old man who had been there
some months — it was generally believed that lie had
been successful — no one knew what he did with his
gold, for he was a man of economical liabits, and free
from the vice of gambling. People ' oved that he
buried his gold. One day the old threw the
whole camp into excitement by frantically rushing
about and declaring that he had been robbed of his
gold. He was rather liked and most of the miners
sympathized with him, and oflered to assist him in
finding the gold, and in catching and punishing
the robber.
After numerous inquiries of the old man, it was as-
certained that he had been in the habit of burying his
treasures in different places ; and that the amount of
which he had been robbed was concealed in a leathern
bag at the foot of a certain tree — which particular
bag was filled with lump gold, specimens, etc. He
took several persons to the spot and showed them the
hole cornered by a flat stone.
Upon examining the place carefully, a large go-
pher's hole was discovered in the side of the cavity in
GOPHER STORIES.
wliich the bag had been dcpoHitod. One of the party
suggested to seart'h the goplier's hole. A shovel was
brought and the side drift carefully followed. After
tracing it about ten or twelve feet, there was found a
little ante-room or chamber of about six inches deep,
made in the side of the main road or hole, with a
neatly paved floor of lumps of gold, and in the rear of
this extravagantly furnished apartment was found a
portion of the old man's leathern bag.
The den of the robbers had evidently been found,
but only a small portion of the gold — where was the
rest? Following the trail of the robber a little far-
ther, they came upon a succession of apartn)ents or
niches, and found each one as regularly and beautifully
paved with gold as if done by tlie hand of man, while
in each was found a small portion of the leathen bag,
as if used as a lounge or mattress. Not a single [)ar-
ticle of gold was found along the line of the main
road ; all had been carefully carried into and deposited
in the side rooms. Tin; whole amount was weighed,
and found to be exactly equal to the gold the old man
had buried in the bag. The gopher succeeded in escap-
ing unharmed. Such is the gopher story of the
Stanislaus.
We have another gopher story. "Last Monday our
usually quiet burgli was awakened by the intelligence
that new diggings had been discovered within a few
hundred yards of the town, paying twelve dollars to
the pan. Hundreds inunediately flocked with picks
and spades to the place, and in a short time had
staked oft' the whole hillside. They worked very
diligently until evening, when the discoverers,let some
of their friends into tlie secret. They had buried bags
of gold dust there last spring, and in digging for it
found that the gophers had eaten the buckskin bags,
obliging them to wash the surrounding earth. Ten
minutes after this announcement there was not a
miner or tool to be seen about the new diggings."
796
TALES OF THE TIMES.
Italian straw hat? were m favor at one time to the
disgust of a Panamd hat dealer who vainlv souijht to
get rid of his high-priced wares. One day he bethought
himself to buy five dozen hats from the Italian rival,
and donate them to the chain-gang working in the
street. When the straw-hat wearers saw these men
decked therein, they at once discarded theirs and
patronized the dealer.
Swan tells the following story of a tall Irishman
named Frank, whom he knew at the mines in '48.
Frank found a great deal of gold, but threw it away
on drink. He used to go on a spree for two or three
days at a time. One day he was drinking at a liquor
tent, and had his buckskin bag open in his hand, A
looker-on told him to be more careful or he would lose
his gold ; whereupon he seized the bag by the bottom
and scattered it all around on the ground outside the
tent, saying he could get plenty more. He had
three pounds in the bag at the time, and it was nearly
all lost. Some time after that Frank made $7,000
at the Middle fork, which lasted him just six weeks.
In the summer of 1850 five dollars was not an un-
usual price to be paid for a watermelon in the mines.
Joshua Griffith, an old pioneer, planted six acres in the
spring of 1851 on the Merced, and confidently ex-
pected to realize a handsome sum from them when
ripa. Sometime previous to this he had purchased a
thousand straw hats which he still had on hand, their
sale being dull and when the young watermelon
plants came up, to protect them from the frosts, he
determined to utilize the hats, and at night each vine
would be carefully covered ; and in the morning when
the sun would commence to pour his warm beams on
the earth the vines would be uncovered. Everything
was auspicious, until one morning Griffith went as
usual to uncover the vmes, when not a hat, vine, nor
any of the soil that had been turned up by the
CLEBOYMEN.
7d7
plough, was to be seen. All had been swept away
by the rivjjr which had risen during the night, while
poor Griffith, in a dream, was selling luscious water-
melons at three dollars apiece.
California has always offered peculiar attractions
to clergymen. The opportunities for doing good were
great during the flush times, and many availed
themselves of them. As a rule the most talented
preachers at the east were glad to come to California
upon a good call with a fair salary. Their congrega-
tions here were so fresh, so full of the fire and entliu-
siasm of 3'oung manhood, so keenly appreciative, that
it was a pleasure to labor among them.
Ministers were obliged to work harder here than
in more settled comnmnities, but few cared for that.
Everybody worked harder. There was much to do,
and the emissaries of Satan were no less active than
were the servants of God. They had their old ser-
mons to fall back upon, which was a great help, par-
ticularly to those somewhat advanced in years. Very
old clergymen California did not care for.
It only shows with what thin pabulum those who
sit in pews are satisfied when they expect a man of
ordinary ability to write two sermons a week, to make
frequent parochial visits, indulge in society gossip,
attend marriages and nativities, and offer the consola-
tions of religion to the dying.
This is right enough when one has the fathomless
well of genius, like Beechcr, to draw from, but it will
not do for those who are obliged to elaborate tlieir
slow stale thoughts, as most men are, in the clt)set.
One sermon fit to preach before a really intelligent
audience requires the diligent thought and study of
an ordinary intellect for at least a fortnight.
It were infinitely better for the average clergyman
to read printed sermons than to preach the trash ho
does. How few discourses have any thing new or
really instructive in them ! The same ideas, hashed
TALES OF THE TIMES.
from time immemorial in the same words, become un-
interesting after a while to the really hungry. The
mind alive to the swift whirl of progress wants some-
thing besides ancient and oft-repeated stories and
traditions. The moment one begins to think, seats in
churches grow hard.
We have had many good men in California as spir-
itual teachers, many saintly men, many true patriots,
many of marked talents. No man exercised greater
or more beneficial influence durincj a crisis which was
to determine the destinies of the state than Thomas
Star King, who spared neither voice nor pen to save
the republic from dissension. In Doctor Scott the
Californians of early days saw her Saint Paul, and
the divine Saint John was not more heavenlv-niinded
than Doctor Wadsworth, overflowing as he was with
pure though peculiar genius.
But among the many good men of the ministerial
class, as among others, there were some bad men. Of
tliese, few knew of their badness themselves when
they left their homes. Throughout their lives ser-
mon had followed Sunday school, and college, cate-
chism, and they really regarded themselves as saintly.
No one was more surprised than they, after they had
been in the mines a short tune to catch themselves
drinking at a bar, betting at monte, or frequenthig a
house of ill-fame.
Of all plants, probably a youtliful clergjmian in a
stormy climate is the most tender. Educated into tlie
belief that belief is everything, while actually not
knowhig what belief is; taught to think himself by
reason of his profession alone whiter than others in
his purity, stronger in his strength, when bereft of
these stays he often falls deej)er than any.
It was so in flush California. Hundreds of those
who came hither fell, fell very low, lower than some
who professed less. Many took on the Hverv of
Satan before they touched the shore — in New York,
on the steamer, or at the Isthmus ; so that when they
CLERGYMEN.
799
arrived in California they never made it known that
they had ever been clergymen. Some entered a
course of systematic swindling which lasted for years,
during the whole of which they never ceased to
parade their cloth. They were ministers of the Lord,
incapable of iniquity, and so their blackest sins they
covered with robes of white.
Finding preaching in the interior unpopular and un-
profitable, some became miners; but as a rule they
did not take kindly to work. Their theology had in-
structed them that although the Lord might pay his
servants poorly, yet he did usually pay them scjuie-
thing ; and that lucre alone was In their estimation
sanctified which came without labor. They were the
Lord's, as indeed was the country, the golil, the corn,
and the wine, and the cattle on a thousand hills.
Their instructors had told them that three years' read-
ing theology had made them different from other men;
that God loved them better for it, and would do more
for them than for those who had been all this time
digging potatoes, or doing something useful. It is
the most pernicious and ruinous doctrine in the world.
Yes, thev were different from other men, ditt'erent
by reason alone of their holy teachings, their holy
professions and protestations ; so different, that the
business man would immediately suppoct one who
slumld utter the name of Christ in connection with a
moneyed transaction.
Some, on reaching California, sunk their reverend
titles and turned gamblers. Here they saw at once
that the parade of their profession would not pay, that
piety and prayers in a game of poker woultl be suspi-
cious of aces and kings tucked away in sleeves or other
stiintly receptacles. So scores went down into" the
depths, and never after saw the light ; often changing
their names so that their friends should never again
hear of them.
But by far the greater number refused to throw
away the holy appellations which had cost tluur pa-
TALES OF THE TIMES.
rents and themselves so much to acquire. The masses
in California, except in money matters, were soft in
heart and conscience toward old family-altar and Sun-
day-school memories, and the colors of the childish
superstitions concerning clergymen had not yet been
wholly eradicated by the toils and tumults of Califor-
nia. Quack medicine was a little more efficacious
coming from holy hands. It was not quite so unpal-
atable being cheated by a soft, smooth-tongued, glow-
ing gospeler, as by a Jim Stuart or a John Jenkins.
This the pious pilgrims soon ascertained; and so many
turned clerical tramps, going from place to place,
preaching cheap nonsense here and there to stupid
prayer-lovers, picking up such nuggets and knowl-
edge as they could lay their hands on, paying
for their breakfast with a hymn of praise, and on the
whole satisfied with their three years' reading of stale
theology and the Lord's care of them therefor.
A favorite plan was to turn insurance agent, or
take a sewing-machine or patent medicine, and beg
f)eople for Christ's sake to buy of them, and for the
ove of Christ many would so buy. So easily are
men duped on the side of their prejudices. In this
way, during a long business career, from the most hal-
lowed opinions of the cloth which had been instilled
in their minds since infancy, good, honest-minded men
came to regard them as they were. But it was slowly,
and at the cost of numerous losses, that the eyes were
opened. Then people saw the country full of canting,
hypocritical humbug, which, in the name of religion,
preyed upon the poor and credulous. As insurance
agents they became very expert, quickly learning
whenever they encountered a man how much of sal-
vation or danmation to mix with their wares, or
whether to dish up for their customer piety or profanity.
Twenty broad examples might be cited of their ras-
cality, which happened under the direct observation
of the community, but one will here suffice, as it is
not a very delightful theme.
AN OILY CUSTOMER.
801
An insurance office on California street in San
Francisco, was for many years under the efficient
and zealous management of Mr C. T. Smith. His
opinion of the honesty of clerical insurance agents
>vas bad enough, but they were among his most suc-
cessful men, and he was obliged to employ them, and,
as far as he could do so with safety, to accommodate
them.
One Saturday afternoon, the banks being closed,
Smith brought to the cashier of liis company a cler-
gyman, one of his best agents, long and favorably
known to him, with a request for the loan of $160 for
half an hour.
The cashier had filled his phace ft)r many years, and
ever proved the faithful guardian and vigilant Cerbe-
rus of the company's strong-box. Moreover, he was
gentlemanly and accommodating. There was no one
on California street who would go farther to do a
favor tha!i he, but a battalion could not force him to
break a rule of the company, or take any liberty with
the funds entrusted to him.
In this instance he hesitated. There stood an agent
of the company, a good man, a clergyman, whose re-
quest was urged by the mana[>er of the department
with which he transacted his business. The head of
the establishment was not present at the time, and
thus the whole of the responsibility was thrown on
the cashier. He did not like either to refuse or to
acquiesce.
*' Accommodate him if you can," said Smith.
"One hundred and sixty dollars," muttered the
cashier, as his hand slowly sought the knob of the
safe, "and for only half an hour; Saturday afternoon,
has money in the bank, can't get it— hum, ahem I"
"I will certainly return it you within the half hour,"
said the clergyman in sepulchral tones, smiling blandly.
"It seems to me a little strange," replied the cashier,
"that having been in town all day, and knowing that
you would require this money this afternoon when the
Cal, Int. Poc. U
802
TALES OF THE TIMES.
banks were closed, you did not draw it before. Be-
sides, what can you want with the money for only
half an hour?"
"Sir, do you know who I am?" demanded the
minister.
"Yes, I know very well who you are," replied the
cashier, " and all I can say is that 1 have no authority
to loan you this money."
" Let him have it and charge it to me," exclaimed
Smith, somewhat impatiently, thinking the cashier
too particular.
The cashier gave the minister the money and made
a ticket of it to Smith. The borrower hurried away.
When he had gone the cashier turned to Smith, who
had not yet left the place.
"Mark my word," said he, "that money goes upon
the tiger."
" But he is a clergyman, and one of our best
agents," returned Smith.
" I don't care," said Tom, "clergyman or no clergy-
man, while we are talkhig your money is on the
gambler's green cloth, and not a stiver of it will you
ever see again. Mind you, for only half an hour.
Besides being a rascal the man is a fool. Anybody
but a preacher would have made a better story than
that."
Smith grew uneasy. He was of a nervous sanguine
temperament, not easily excited in his suspicions,
being the soul of integrity himself; but once aroused
nothing stayed him. There appeared to him now
much truth in what the cashier said ; indeed there
was no other way of accounting for the reverend
borrower's behavior. Smith fidgeted, walked from
the desk a short distance and hastily returned, swore
a few gentle oaths, and finally s<,lzed his hat and
started off at a brisk pace turning up Kearny street.
Almost to the plaza he walked, then back to Cali-
fornia street, where turning he repeated his steps first
taken. He had not proceeded far on this second tack
SMITH GOES FOR THE CLEROYMAN.
803
when he saw his friend coming toward him with bended
head and a slouched hat drawn well oves his eyes.
His whole appearance betokened the ruined gamester,
and that such he was there could be no longer any
doubt.
Smith went for the man of God.
" Where is my money ? " he demanded, waking the
clergyman to a realizing sense of things by a tre-
mendous slap upon the back.
" I left it with a friend."
"Where is my money?" roared Smith, seizing the
reverend collar and shakmg the rising lie from the
reverend lips.
" Lost every dollar of it," was the reply.
" Take me to the place ? "
"I cannot."
"You will; quickly, now, if you would avoid a
scene."
Slowly the good man turned and walked about a
block, ascended a flight of stairs, passed through an
ante-room into a large saloon where stood several
tables, and thence into a back parlor, Smith following
closely at his heels. In this room behind a table was
a large and highly ornamental safe well filled with
money. On one side stood a secretary writing, and
on the other a big burly short-haired Irish shoulder-
striker. Smith saw no danger, but only the safe,
and one whom he took for the proprietor, who was in
the act of opening the door of his treasure-house,
when the former, now pale with passion, walked up to
him and exclaimed :
"I want my money."
" What name ? " asked the man, as calmly and as
politely as if in answer to the most common and
reasonable of requests.
" insurance company," was the reply.
The gambler looked at Smith and then at the par-
son. He took it all in at a glance. With his hand
still upon the knob, in the attitude the intruders first
804
TALES OP THE TIMES.
found him, he meditated an instant, but only an in-
stant, when he opened the door of the safe and
c(junted out the money. The gambler saw that he
was caught, that Smith could and would make him
nmch more trouble than the money would do him
good, and that this was by far his best way out of it.
Smith took the money and departed, the good man
meekly following.
Even in the interior, Califomians concluded in 1850
that there were sufficient conveniences to render life
»X)nifortable, while in San Francisco the man with
money might indulge in luxuries to any extent, and
even board at a hotel having a notice posted "Pota-
toes at every meal." True, there were some, who,
like the Englishman, seemed to expect as much of a
plac!e which had called itself a city but for twelve
months as of a metropolis twelve hundred years old.
This John Bull, with more belly than brains, and
characteristically prolific in left-handed compliments
to tliose who showed him attention, was invited by a
friend to a public dinner, which, considering the new-
ness of things, and the fact that the market was neces-
sarily supplied entirely from abroad, was really elegant.
The Englishman feasted himself to his heart's con-
tent, and rose from the table with happiness shining
from every corner of his face. His entertainer, natu-
rally proud of the capabilities of so new a countr},
slapped him on the shoulder and exclaimed, " Well,
sir, was not that a good dinner? " " Very good, very
good," replied the Englishman but then its nothing to
what I have eaten in London ! "
One Sunday immediately after the receipt of the
news of Louis Napoleon's doings in the Crimea, a
clergyman of Nevada took occasion to refer in riattering
terms to the Bonaparte family in general. A volatile
Frenchman happened to form one of the congrega-
tion. Scarcely had the preacher reached the culmi-
THE FAITHLESS HUSBAND.
806
nating point of his encomiums, when up jum|>ed the
Gaul, and thrusting his hand deep iii his pocket drew
forth a ten-dollar piece, and marching up to the pulpit
deposited it upon the desk hi front of the speaker.
One morning after breakfast a woman sat quietly
looking over the paper, when glancnig her eye down
the list of passengers to sail by the 'femieasee, April 1,
1851, she started as if stung. There, about the middle
of a list of two or three hundred, she saw the niiine
of her husband. It is true his trunk was packed,
but, as he had informed hor, for a short trip into tlit;
country. Her first impulse was to create a disturb-
ance; but being a sensible woman, on reflection sl.e
concladed such a husband was not worth having, and
he might go. As he was then absent from the house
making preparations for his long voyage, slie unlocked
his trunk and examined the contents. Sure enough
there was the evidence, in the shape of all his mov-
able property, of his intention to abandon her; and
among the rest $8,000 in cohi. "At all events," she
said to herself, * he shall leave me some means of
support." So she took from the amount $.*},()00, a
moderate division on her part, locked the trunk and
bade her husband farewell, giving no- signs of her
knowledge of his intentions. Th'isboth played their
little first of April trick, and the wife was not the
loser.
The grizzly bear is the king of Californian beasts,
rivalling in courage and stnuigti the royal lion him-
self They are bold and cunning and in early days
were very ])lentiful. Then the old hunters of Mis-
s,)uri ami Kentucky, who had been tempted by the
piomise of lucre from the traffic of their love, often
turned for a few hours from their digging to chase or
be chased by the grizzly. Early one morning in 1849
a M issourian, called by his comrades Graygritz, took
up his rifle and started out fo/ a buck. He had not
806
TALES OF THE TIMES.
proceeded far before lie came upon a herd feeding,
which, scenting liiui before he could get a shot, niaile
off' up the hill and along the comb of the ridge. Gray-
gritz followed at the top of his speed. Approaching
a little thicket, the hunter noticed that the deer sud-
denly shied and took a wide circuit round the covered
spot, Graygritz paid little attention to it, however,
and cut across, passing by the very verge of the
thicket. Suddenly a tremendous crash was heard,
and out rushed an enonnous grizzly with o|x.'n mouth
and angry eye. There was not a moment to lose, the
beast was upon him. Instinctively the hunter raised
his gun, fired, and missed. There was no time to
turn ; the hot breath of tlie hifuriated animal the hun-
ter could feel upon his cheek. Swinging the barrel
over his head he struck desperately at his assailant,
thus clubbing off the terrible foe, until in making a
blow the weapon flew from the hunter's hand, leaving
him without the slightest means of defence. There
was nothing now but to run for it. Darting down
the hill, running obliquely so as to take the bear at the
greatest disadvantage, the fearful race began. Down
the steep hillside rattled the loose stones, and every
leap of the bear made the chaparral crash. Again
and again the bear was almost upon him, striking at
him its ponderous paws with such force as to bring it
to its knees. Thus they rushed along until they
reached the foot of the hill, when the fugitive became
conscious that his strength was gone. He saw before
him a horrible death; there was no escape, great
drops of agony fell from his forehead ; his limbs tot-
tered ; in sheer desperation he turned upon his foe,
and boldly facing it, uttered an unearthly yell. The
beast stopped amazed, drew back, then turned and fled.
A Mexican and an Irish woman once went to a
clergyman to be married. The bride could not
speak the Mexican's language, and the groom could
speak no Irish. The clergyman, who was a good
THE FORTY-NINER.
807
linguist, tried first to tie the knot in English, but
the Mexican lauglied so immoderately and so
persistently when called upon to repeat the omin-
ous words, that the man of matrimony became angry,
closed his book, and left the pair only half united.
Bridget rushed after him and begged him, with tears
in her eyes to finish the business, assuring him her
loved one meant no disrespect. Returning ho admin-
istered the oath of allegiance to the Irish in English,
and to the Mexican hi Spanish, and the united pair
went their happy way.
Here arc two sketches ; one the forty-niner and the
other the fifty-sixer:
"Burled anumg the recollections of by-gones are
the go<jd old times when eight feet square was a claim,
and a crowbar, sheath-knife, and pan constituted a full
set of mining tools. When working with a rocker
was considered rushing business, and holding two
claims a mono|x>ly ; when jxjtatoes were an expensive
luxury, and flap-jacks passed current for bread ; when
men tlisdained to speak of dollars and cents, but reck-
oned their small change in ]X)unds and ounces; when
the abodes of honest miners were not dignified by the
modern terms of houses, towns, and cities, but were
known as cabins, camps, and ranches; when Judge
Lynch disposed of all desjierate cases in a summary
manner, through the simple medium of a jury of
nuners; and such things as petty swindling, petty
thievhjg, and pettyfoggers were unknown ; when the
only sickness in vogue was a headache after a big
spree, and the only medicine, the liair of that same
dog. Alasl the country is getting civilized, alarm-
inolv civilized 1
" Such are the reflections of an old fortv-nmer, who,
having outlived his time, now smokes the pipe of
peace and poverty — an honorary member of tlie Can't-
get-away club. He has flourished in the season of
big strikes, and can, if he chooses, give you a leaf
eo8
TALES OF THE TIMES.
from his experience concerning rich pockets, and turn
liis own inside out without spilling anything. Like
Wilkius Micawber, he has great hopes of something
turning up ; so ho prospects, contenting himself when
unsuccessful, as he generally is, with simply cursing
his luck, but will see you where the climate is anything
but cool before he will work for wages. Thinks hon-
est industry is a mighty fine tiling to talk about, but
big luck is a fortune, and is the peculiar gift of the
Muggins family. Believes that old clothes are an
honor to the wearer, but has a lurking suspicion that
men with white shirts, tall hats, and black coats are
preachers, office-seekers, or monte-sharps. Is fond of
white folks and whisky, but hates greasers and Cliina-
men; is a firm advocate of lynch law, and thinks the
California legislature a humbug, not excepting the
doings of our last body of lawgivers. He has many
other peculiar notions, which he pretends are fijunded
on experience, but being the opinion of an old fogy,
are of course behind the times, and extremely liable to
be erroneous. Gold mining is his favorite tliei:.c. If
you wish to draw him out on that particuU" sn'>if!ct,
just say to him that he has been in the country l(^ng
enough to have a waijon-load of dust. He will give
you a knowing wink and a sagacious shrug, seeming
to say, I could a tale unfold, and then proceed to un-
fold a remarkably long one."
Next we have the later comer.
" That's him, with the stovepipe hat, black pants,
satin vest, white shirt, and cravat with two round
turns and a square knot 1 See, he carries a car[)et-
bag, and bless me 1 if he hasn't got a full-grown um-
brella, tool No old inhabitant would ever mistake
him for a forty-niner. We know their sort by their
backs. Does not his countenance beam with the light
of great expectations? Isn't he, even now, cogitating
upon some safe plan of investing his dust? — discussing
in his own mhid whether he had better trust it to the
tender mercies of a banking-house, or bury it in some
THE FIFTY-SIXER.
800
secure comer? That emphatic gesture with the um-
brella I Ahl he has concluded to bury it — banks are
mif|hty uncertain — even banks of earth, but he don't
realize tl.at yet. Don't make his acijuaintance till he
gets naturalized, and has the wire edge taken ott', un-
less you wish to be most essentially bored. Ho is a
harp of a thousand strings, and will vex your ear with
a multitude of tiresome yarns about his personal ad-
ventures on the route, hard fare on the steamers, in-
dignation meeting of the steerage passengers, what
they resolved to do, what they didn't do, what the
captam swore he would do, what the mate said, how
an old woman and five children were dreadful sick all
the way from New York to Aspinwall, terrible tinje
on the Isthmus, Panamti fever, lost his trunk and paid
a big nigger five dollars reward for finding it, has no
doubt but it was the same identical nijiiier who stole
it. Arrival in San Francisco, feller tried to rope him
into a game of chuck-a-luck, too smart to be caught,
surprised at finding that five-franc pieces pass f<ir a
dollar ; how like thunder they charge for meals on the
road from Stockton, and so forth.
" After he has emptied his budget of wonders, he
opens his volume of catechisms, and will ask you
more foolish questions than it is pleasant to listen to,
or profitable to answer — among which you are sure to
hear the following : How long does it take a man to
make his pile, s'posin* he's industrious ? How far is it
to the northern mines? Where is the best plaee for
mining in California? How long does the rainy
season last? Is it necessary for a man to have an
oil-cloth suit? How much will the dirt average from the
top down, in Mary Posey county ? — and last, unkind-
est cut of all — when will that water company have their
ditch completed ? My rule is to stave off his ques-
tions, as well as possible, till he comes down to that,
which I answer by saying 'next 3'ear,' at the same time."
In early times Heinrich Hcrz came to San Fran-
810
TALES OF THE TIMES.
CISCO. It was then the place alike for prince, pianist,
and porter. The forests of masts sporting the flags
of all nations astonished him ; Ukewise the bustle of
business and the confusion of tongues that greeted his
ears on landing, but his enthusiasm cooled somewhat
when on seeking lodgings he was shown a cloth-lined
closet of a bedroom at six dollars a day.
" Never mind," thought he, " is it not something to
be the pit)neer pianist in these parts ? " A knock in-
terrupted his meditations.
" Do not enter," cried Herz. Nevertheless, the
door opened, and a slight young man with a fair com-
plexion, long hair, earnest manner, and German accent
stood at the entrance.
"Is this the celebrated Heinrich Herz," asked
the visitor.
" I am he," replied the pianist, " and if you will
come in, you must first permit me to go out, as the
room will not hold two."
" I come, sir, on purpose to take you from it; to
beg of you to accept a room in my house."
" Ah I you are a hotel keeper."
" No, sir, I am a pianist."
" Pianist," cried Herz, thunderstruck at finding a
brother artist before him in the mingled nmdflats
and sandhills of that town of tents and board slian-
ties planted on a tongue of land at the very outer
verge of the earth's confines. " How long have you
been here ? "
** A year. When I arrived there were but fourteen
huts ; but I found an Italian who had a piano occupy-
ing one of them and giving lessons and concerts. One
of his pupils, taking exceptions to his method of
training, murdered him, and I inherited his piano and
his patrons. I have bought me a house and shall be
the liappiest of men if Herr Heinrich Herz will accept
my hospitality." The invitation was accepted as cor-
dially as it was given. The home was perched on
stilts under the brow of a steep hill, and the great
HEINBICH HERZ.
811
musician, after spending/ one night in the front room
which overlooked "the declivity, called to his host:
"You will think me very whimsical, no doubt, but
could you without inconvenience give me a room on
the other side of the house. I fancied I heard during
the night a settling of sleepers and rattling of rocks.
All imagination, doubtless; but if you can, please
humor me."
" Do as you like," said the young householder,
" but rest assured this is one of the safest houses in
the city."
Scarcely had they transported the professor's ef-
fects to another room than that side of the house foil
with a crash. Herz escaped by a miracle ; the young
man was in despair. "I would not mind, it he ex-
claimed ; " but my piano is gone. It was a poor one
it is true, cracked, and of only five octaves; but it
answered my purpose ; it was my fortune, and now
there it lies smashed, and buried in the rubbish."
"Never mind," said Herz, "I have two, and you
shall have one of those ; so cheer up, and repair your
house, while I go and bring them up."
Passing a restaurant he met a man whom he had
known in Paris, talking with two others, not extrava-
gantly dressed, but genthsmanly in their appearance.
Accosting him, he casually spoke of his errand, and
inquired whom he could get to move his pianos.
"I will do it," said his friend, "and these gentlemen
will lielp me."
"But you are not serious?" said Herz.
" Never more so. Everybody works in California."
The pianos were well and promptly moved.
"How much is it?" asked Herz of his friend.
" Three hundred dollars," was the reply.
"Three — what?" exclaimed the musician.
"I assure you it is the price," said his friend, in
which assertion he was backed by his host, fo that,
turning it off with a laugh, Heiz paid it, and instantly
sat down to reckon how many tickets to his concert,
Bid
TALES OF THE TIMES.
at three dollars each, he would have to sell to pay
expenses.
The following is but one of innumerable like mat-
rimonial adventures: A young man of twenty-fivo
arrived in California from one of the southern states
in 1849, and settled in Marysville. By the exercise
of industry and economy, in 1855 he found himself in
possession of money and property to the amount of
sixty or eighty thousand dollars. But tlie poor fel-
low was wifeless, and hence lonely and dissatisfied.
His m<mey did not bring him happiness ; his life was
passing away, and he making no mark. His existence
was incomplete, hollow, comfortless. He must have
a wife, and as women in his vicinity were few and
scarcely to his liking, he set out for the bay city with
matrimonial Intent. There he found one whom he
concluded to try at a venture, but she would none of
him. And so it was with all ; those w ho would marry
him, he would not marry; those whom he would
marry would not marry him. Giving it up he returned
home, a disappointed man.
One day, m)t long after his return, he happened to
meet a friend, a young married woman, at a moment
when he was in a confiding humor. Ho told her the
tale of his eore heart, of his attempt and failure, and
her sympathies were immediately enlisted. Where is
the woman whose blood does not warm in such a
cause? The young man was worthy and wealthy.
During the convui'sation his fair friend happened to
think of a sister she had left in New Jersey, two years
younger, and the counterpart of herself; perhaps she
might be induced to come to California and fill the
void in this man's affections. She hinted as much to
her companion, who eagerly made a direct offer. He
agreed to pay all the young woman's expenses out,
and to marry her on her arrival. On behalf of her
sister, his friend accepted the proposal, forwarded the
young man's money to his intended bride, who on re-
SHARP PRACTICE.
813
ceipt of it came immediately to California and was
married. This true tale, with variations, might apply
to thousands of marriages during the fast flush times.
In the town of Marysville, in 1853, there lived a
man of virtues invisible, but of faults palpable and too
apparent. His reputation for honesty, like his form,
was lean and angular. He would steal so skillfully,
holding in his hands the spoils and peering meanwhile
at his victim through the meshes of the law with such
consummate cunning that one could do no less than
beat him now and then. But such chastisements
seemed rather to refresh him than otherwise. He
felt all the while that he deserved so much worse at
the hands of his fellows than they could give him, that
even in his punishments he enjoyed the inestimable
privilege of cheating them.
Fortune smiled on skill and industry, and under
real estate manipulations, shaving short paper by
turning it down one half, and loaning money on good
security at ten per cent a month, and managing so as
to get all his interest, a portion of his principal, and
then cheating the lender out of the collateral pledged,
his capital grew rapidl}'.
But happily for humanity the inevitable laws of
traffic preclude the possibility of the eternal success
of villahiy ; otherwise our Napoleon of finance would,
ere this, have been the happy owner of all Marysville.
Up to this time he had reigned rascal supreme, but
now waves of trouble rolled over him, and a horrible
incubus settled upon his affairs in the form of two
lately-arrived lawyers, keen wiry fellows, hungrier
and sharper than himself
These two briefless sharks rented an office of our
financier, the rent after the first quarter to be paid
quarterly in advance. Promptly at the expiration of
the first three months the cadaverous visage of the
landlord, lengthened by the thought of the half year b
rent now due, appeared in the lawyer's office, apptared
814
TALES OP THE TIMES.
there day after day, and apjDeared manifestly dissatis-
fied. Finall}/ his patience deserted him, and he in-
dulged in the injudicious remark that in his opinion
his tenants were a pair of swindling vagabonds, and
that they should be incontinently ejected.
Following this remark the landlord stepped out,
stepped hastily out of the door, followed by two or
three sticks of stove-wood stolen from his own wood
pile. Consolation came to him in the form of oiie of
the lawyers, who apologized for the indignity and de-
nounced the conduct of the other, a wicked disgraceful
man, thenceforward no longer his associate. Disso-
lution of partnership was the least reparation he could
make the landlord; moreover, he professed to be an
honest man ; he would pay the rent himself, though
parting with his shirt should be the consequence.
But would not the landlord sue and eject the im-
pudent vagabond. It was a simple case, and lawless
lawyers should be taught behavior as well as cut-
tliroats. Yes, it was his duty as a wealthy, high-
mi p. led citizen, who had the interests of our great
Amorican institutions at heart, to do it. The land-
lord did not like the law, but anger, interest, and pride
all urged him on. Suit was brought; the landlord's
attorney argued the case for several days; he had
plenty of time, he wished to brush up his legal lore,
astonish the natives, and earn the respectable sura
which reputation and the honor of his profession
compelled him to charge his client. The justice de-
cided against the landlord, that being the only way to
secure his fee — two ounces. The much-abused tenant
then sued the landlord for defamation of character,
and summoned his associate as witness.
The unhappy landlord now saw clearly that he
had fallen among thieves. Having so long and so
sweetly enjoyed cheating, he now might take the
pleasure of being cheated. He saw that graceful
discretion was better than blustering valor; so he
told his tenants that they were welcome to their
AMONG THIEVES.
813
room as long as they would favor it with their pres-
ence, if so be they would kindly withdraw their suit
for damages. The injured but forgiving pair ac-
quiesced. One thing only now remained. A little
bill of $500 for professional services oh the part of
the landlord's attorney. Groaning in spirit the land-
lord paid it, and the lawyers divided it between them.
They also kept the defamation action m terrorenit
whereat the landlord ever after was very meek.
During the season of 1848-9 some men wintered in
the region of Calaveras and Mokelumne, and before
spring gold was more plenty than creature comforts.
Hence it was that the first spring traders reaped rich
harvests.
In February 1849, a man named Ricord, with a
body guard of three, to each of whom he paid $400
for two weeks' services for man and horse, started
from Staples, then McKenzie's rancho, on the Moke-
lumne river, for the spot later known as Robinson's
ferry on the Stanislaus. Ricord drove nine pack ani-
mals loaded with 200 pounds each of assortetl goods,
composed largely of liquors. The rains had so soft-
ened the ground as to greatly impede their ])rogress,
but the sales which they made- — clay pipes two dollars
each ; blankets forty dollars a pair ; liquor twenty
dollars a bottle, one ounce the tin cup full or two dol-
lars a drink: boots forty dollars a pair, and beads,
powder, and medicines, weight for weight in gold —
this description of barter reconciled the trader to the
rain and mud.
Passing Angel's and Carson's, even at that early
day regarded as worked out, though later considered
good diggings still, they finally reached their point of
destination at the foot of Murphy's gulch, on the
Stanislaus. No more riotous, roaring camp ever
frightened the coyotes of the Sierra drainage. There
congregated the diggers from every quarter, and held
high carnival as long as their money lasted. Was it
818
TALES OF THE TIMES.
not strange that these men should leave pleasant
homes, travel three, six, ten thousand miles, and sub-
ject themselves to the discomforts of a houseless Cali-
fornian winter, for gold, only to pour it into the pocket
of t)ie first whisky-seller that came to their camp!
Ricord drove into camp about sunset. For six
long weeks the place had been absolutely dry — of
whisky. No sooner was it noised abroad that asup-
ply of the bliss-producing poison was at hand, than
eager applicants with outstretched hands holding
cups, bottles, kettles, bowls, dishes, anything that
would hold water, approached from every direction,
craving each a portion as eagerly as if a draught of it
conferred upon them immortality.
Whereunto shall we liken the tapping of those
whiskey kegs in that uproarious camp of the gold-dig-
gers ? It was like the opening of Pandora's box which
should let fly all the evils incident to man ; or like the
mud-born serpent Python crushing all within its coils;
or like the HarpyisB sweeping flighty souls away in
the storm wind ; or like the Eumenides taking from
men all peace of mind and leading them into misery
and misfortune. The flow of this fiery liquid was like
the pouring out of the seven vials of wrath by the
apocalyptic angels, which should send abroad disease,
turn elements of life into elements of death; which
should scorch with fire, darken the intellect, dry up
the affections, and cause men to blaspheme the God
of heaven because of their pains and sores ; or like
the surgings of the river of Erebus, the dark and
gloomy passage to stygian realms.
For all these ills, and more, it would require to
consummate the scene that followed. In less than an
hour were heard the ominous breathings of the ap-
proaching storm. By nine o'clock there was scarcely
a sober man in camp. On every side was rioting,
hair-pulling, striking, brandishing of knives, and firing
of pistols, accompanied with no little blood-letting.
All nature was that ni;j:ht intoxicated. Even the
A WHISKY-SMITTEN CAMP. g,;
river seemed to reel, and the hills and sky to roll to-
gether in sudden drunkenness. The morning sun. blear-
eyed and red rose upon a picture disgusting! damnable
Scattered about the streets, stretehed at foil length
on their Wks and sides, and faces, mider lo^. fnd
beside their cloth houses, were mingled promiscuously
tamed men of Europe. Asia, and Africa, and milS
mannered women of America, drunk, dead drunk, and
RW^ t'flr. ^1 "^^*^^ ^y ^^^^ ««"owful sun
Ricord left them there; left with them and in them
every drop of his detestable poison ; but carried away
gold, as much as he could several times lift.
Cal. Int. Poc. 53
INDEX.
Acapnlco, descript. of, 209-13.
Adams, G., story of, 720-1.
Agua Frio, justice at, 1852, 627-9.
Alaska, want of prison facilities in,
434.
Almond, W. B., peanut peddler, 1849,
591-2; judge, 59.3-000.
Alvarado, D., death of, 744-5.
Alvarado, Gov., " Historia de Cali-
fornia," 41; statement of, 46.
Amador, justice at, 1854, 646-7.
Ames, A. M., the Chico riots, 1877,
573.
Anderson, C, duel with Lewis, 1866,
780; story of, 793.
Angel thond, duelling at, 1858,762-3.
Applegato, I., mention of, 457; con-
ference v'th Capt. Jack, 1871,
459-60; 1872, 465-6; the Modoc
outbreak, 471, 478-82; campaign
at the lava beds, 1872-3, 496.
Applegate, J., Capt. Jack's demands
on, 1871, 458-9; conference with
Capt. Jack, 1872, 465-6; the Mo-
doc outbreak, 1872, 478-82; peace
commissioner, 1873, 510; resigns,
519; rept. of, 519-20.
Applegate, L., the Modoc outbreak,
1872, 482.
Applegate, 0., the Modoc outbreak,
1872, 478.
Applegate, O. C, the Modoc outbreak,
1872, 486-7; campaign at the lava
beds, 1872-3, 490-504; at Link-
ville, 1873, 5.34-5.
Ashley, discoveries of, 90.
Aspinwall, descript. of, 1852, 15&-60.
Atherton, M., trial of, 1877, 580.
Atwell, R. H., mention of, 513.
Auctions, descript. of, 346-7, 350-1,
358-9.
Austin, duelling at, 1864, 778.
Azanza, M. J. de, exploration of,
81.
B
Babbitt, A. W., mention of, 434.
Badger Hill; justice at, 614-15.
Baird, O. T., duel with Wright, 1853,
756.
Baldwin, J., death of, 404.
Bancroft, H. U., voyage to CaL,
1853, 124-224.
Bandini, J., remark? of, 55.
Banking, James, descript. of, 700-3.
Barbour, W. T., story of, 611-12.
Barlow, Capt. G., voyage of, 1719,
30.
Barry, Justice R. C, administ. of,
1851, 630-,2.
Bates, Alcalde, mention of, 608.
Beane, C. E., duel with Wilson, 1870,
783.
Beideman, H., challenge of, 1854,
761.
Belt, G., alcalde, etc., 1849, 609-10.
Benedict XIV, Pope, bull of, 746.
Benham, C, Teriy's second, 771-2.
Benson, T. L., duel with Menzies,
1854, 759,
Bernard, Capt., the Modoc war,
1872-3, 485-504, 548.
Bein, W., rascality of, 1857, 342.
Bennett, gold found by, 58.
Briddle, Col., reconnoissancea of,
1873, 528-9.
Bidwell, J., mention of, 570-2.
Bigler, Gov., the gold discov., 76-81.
Biven, R., duel with Dorsey, 1854,
760.
Blackburn, Alcalde W., story of,
652-3.
Blair, J., duel of, 1852, 752.
Blake, H. B., statement of, 43.
Blake, M. P., mention of, 772.
Boddy, Massacre, descript. of, 1878,
473-5.
Boddy, R., killed by Modocs, 1872,
474-5.
Boise city, disposal of lotn at, 412.
(810)
INDEX.
»M
Boildy, W., killed by Modocs, 1872,
474-5.
Boise County Jail, mention of, 431.
Bonneville, Capt., adventures of,
1832, 91.
Booth, Gov., the Modocs' outbreak,
1872, 486.
Booth, Mrs, the Laura D. Fair trial,
625-6.
Borondo, 0. S., duel with Soto, 1826,
746.
'Boston Charley,' interview with
Roneborough, 536; surrender and
execution of, 5i38.
Bontelle, affray with Modocs, 1872,
470-1.
Bowie, H., mention of, 758.
Boylc, Capt. W. H., the Modoo out-
break, 1872, 488.
Boyle, Lieut, escape of, 544-5.
Boyle, Quartermaster, campaign at
the lava beds, 1872-3, 50.3.
Bowman, trial, etc. of, 63G-8.
Braunan, S., stories of, 246-7, 607;
trial of Pickett, 1848, 608-9.
Brazer, M. C, duel with Park, 1854,
760.
Briarly, Surgeon, mention of, 760.
Broderick, D. C, duel with Smith,
1852, 752-3; with Terry, IS-W, 76.3-
72; (juarrel with Perley, 765-6.
Brothcrton Massacre, descript. of,
474-7.
Brotherton, Mrs, narr. of, 476-7.
Brown, J., story of, 604-5.
Brown, Judge, administ. of, 653-6.
Bull-fighting, descript. of, 283-5.
Burn ton, G. H., the Modoc outbreak,
1872, 488.
Burton, Capt., campaign at the lava
beds, 1872-3, 494, 499, 548.
C
Cabaniss, Dr, mention of, 544-5.
Cal>ello, L., works of, 28.
Calaveras county, justice in, 648-50.
Calaveras grove, descript. of, 15.
California, valleys of, 2-13; moun-
tains, 2-22; scenery, 2-24; climate,
6-7; gold discoveries, 25-88; overl.
and travel to 89-120; the voyage
to, 121-224; mining in, 228-47,
364-6, 381-95, early miners of,
249-59; descript. of 8an Francisco,
260-93; society, 294-314; pursuit
of wealth, 316-18; profanity, 319-
20; travel, 326-31; pack trains,
331-2; commerce, 33(5-58; stock-
broking, 336-7; strikes, 330-40;
California, coinage, 340-1; l>ank and
business failures, 341, 344; prices
347-61 ;re8t't8, .349-50; business de-
pression in, 1851-4, 366-7; progress
of, 359-60; life and cliaracter in,
361-80; the Jewish element, .S72-4;
lack of gov't in, 375; evil repute of,
376-6; squatter troubles, etc., in,
306-412; land commission for,
1851, 398-9; prisons, 413-:iO; the
Modoc war, 446-.')60; outrages on
Chinese, 1871, 1877,561-81; justice
and judiciary, 582-657; <lrinktng,
661-84; hotels, 6(56-7; restaurunts,
668; saloons, 669, 674-8; gambling,
694-733; duelling, 741-84, 801-4;
miscell. stories, <85-817; churcli,
797-805.
Canby, Gen., appointment of, 1870,
453; petition to, 461; corresiiond.
with Meacham, 460-4; with Wlieat-
ton, 470; the Mwloc outbreak, 1872,
487; dispositions of, 1873, ."yM-o;
correspond, with Sherman, 503-6;
616-17, 626-7; reply to peace com-
mis., 519; negotiations, etc., of,
521, 631; messages to, 521-5; re-
ports of, 530-2; conference with
Modocs, 638-42, 543-4; death of,
642-3.
Cardwell, stories of, 44.3-5.
Carmelo creek, gold discov'd on,
68-9.
Carpentier, M. le, collection, etc. of,
44-6.
Carson hill, disturbance at, 237-40.
Carson jail, buildings, etc., 426; es-
capes from, 1871, 1877, 426-30.
Carson's creek, gopher story at, 794-
6.
Carson, J. H., 'Early recollections,'
etc., 3.3-4.
Carter, W. H., duel with De Courcy.
1852, 753.
Case, S., peace commissioner, 187.3,
610; resigns, 619.
Castillo, descript. of, 201.
Castro, P., story of, 6.")4-5.
Catalfi, Padre, M., prediction of, 40.
Caucasians, order of, described, 570-2.
Caulfield, affray with Judge Wilson,
1852, 640.
Cavallier, E., mention of, 768.
Cave, story of, 442.
Cemeteries, descript. of, 290-1.
Cerruti, story of, 627.
Chagres river, boating on, 1852,
162-9; descript. of, 166 9.
Champ, Justice J. W., administ. of,
635-8.
INDEX.
Chagres, desoript. of, 1852, 168.
Chapin, Lieut, canii>aign at the Uva
Ii«ds, 1872-3, 548.
Chaviteaiix, H., duel with Bioharda,
1804, 758.
Chico, outrages on Chineae in, 1876-
508-81.
Chineae, outrages on, 1871, 1877,661-
81; duelling among, 1851, 760-1.
Church, sketch of in Cal., 797-806.
City Hall, San Francisco, desoript.
of, 1849, 265.
Cliffoi^I, the Carson jail Omenta, 1871,
426-7.
Climate, (Cal. ) descript. of, 6-7.
Clinton, Dr, story of, 361.
Coinage, mention of, 340-1.
Coleman, T., duel with Mulligan,
1 864 778.
CoUett, J. W., death of, 1848, 748.
Coloma, gold discov. at, 62-8i6; min>
ing dispute at, 1861, 245-6.
Colombo. Dr, mention of, 779.
Colton, D. D., Broderick's second,
771.
Cr)lton, Rev., statements, etc., of,
69-60; story of, 437-8.
Commerce, descript. of, 336-68.
Congress, land commission app'd by,
1861, 398-9; memorial to, 400.
Conway, F., the Chico riots, 1877,
572-6; arrest, etc., of, 577-9.
Cotter, J., duel with Nugent, 1862.
754.
Crabb, Senator, mention of, 760.
Crane, A., duel with Toby, 1868,
857.
Cranston, Lieut, campaign at the
lava beds, 1872-3, 648-9.
Crawley, D., affray with Modocs,
1872, 472-3.
Crook, Oen., petition to, etc., 1869,
460; removal of, 1870, 443; cam-
ugn at the lava beds, 1872-3,
Dans, J. D., remarks of, 46-7.
D&vila, P., founds FanamA, etc, 178.
Davis, B., story of, 720-1.
Death, remarks on, 658-60.
De Courcy, H. A., duel with Carter,
1852, 763.
Deer Lodge Prison, descript. of, 431-
4.
Delano, Secretary, the Modoc war,
1872-3, 606-7; answer to Orover's
protest 1873, 610.
Delano, Secretary, letter to Meacham,
616; correspond, with Canby, 633;
indignation against, 646-7.
Den, mention of, 411.
Denter, C. W., story of, 636-8.
Denver, J. W., duel with Gilbert,
etc., 1862, 756-6.
Denver, Lieut Gov., the ^meute at
Carson jail, 1871,427-8.
Devil's Cafion, duelling at, 1866, 761-
2.
Dibble, O. M., duel with Lundy.
1861, 761-2.
Dickson, J. P., duel with Thomas.
1854, 758.
Donkeyville, justice at, 640-3.
Donner tragedy, descript. of, 93-109.
Dorris, recommendation, etc.. of.
493-4.
Dorsey, H. P., duel with Biven, 1864.
760.
Dougherty, E., story of, 1862, 626-7.
Dowdigan, C. duel with Hawkins.
1864, 758-9.
Downieville, justice at, 1850, 616.
Drake, Sir F., vovage, etc., of, 26-7.
Dress, descript. of, 295-6.
Drew, reconnoissance of, 466.
Drinking, evils, etc., of, 660-84;
stories about, 662-84; customs,
664-6, 671-2; saloons, 669, 674-8;
toasts, 676-7.
Dubert, duel with EUseler, 1864, 760.
Duelling, origin, etc., of, 736-6; folly,
etc., of, 737, 742-4; hist, of, 740-1;
in Cal, 741-84; in Spanish Amer.,
744-6. *^
• Duke John,' story of, 727-33.
Duran, Father, report of, 1825, 746.
Dyar, Agent, conference with Capt.
Jack, etc., 1872, 466-6; the Motloo
outbreak, 1872, 478; at Camp
Yainax, 491; peace commissioner,
1873, 628; conference with Modocs,
638-42; escape of, 542-3.
B
Eagan, Lieut, campaign at the lava
beds, 1872-3, 649.
Easterbrook, J. £., duel with Knight,
1859, 776.
Eddy, W. H., the 'Donner tragedy,'
93-106.
Eggleston, G., story of, 348.
EIDorado, name, etc., 226-7.
fillsellpr, duel with Dubert, 1884,
760.
Estill. J. M., prison contracts of,
1861-6, 416-16.
INDEX
821
*Euph6tnia,* prison ship, pnrchuo,
etc., of. 1849, 415.
Eureka, dnelling at, 1850, 748-0.
Evans, D., duel with Northrop, 1877,
784.
Evans, O. M., ■tatementa, etc., of,
55-8.
Ewer, letter of, 27&-S1.
Fahey, J., the Chioo riots, 1877,
673^.
Fair, L. D., trial of, 623-0.
Fairchild, Capt., campaign at the
lava l)eds, 1872-3, 4i>4-504; n. ^o-
tiations of, 512-14; the peace > .>m-
mission, 613-14; interview with
Capt. Jack, 535-6; Mo<loos sur-
render to, 557-8.
Fairfax, C. S., mention of, 750.
Feather river, alleged gold discov. on,
1818, 37-8.
Fellen, relief of Donner party, 102,
107.
Ferguson, Senator, duel with Johnson,
1858, 762-.^
Ferree, I). J., the Modoo outbreak,
1872, 478.
Ferrend, Major, mention of, 782.
Field, Judge S. J., story of, 1850,
610-11.
Finncgan, mining claim of, 239-40.
Fisck, G., the Modoc outbreak, 187"
479.
Fitch, T., duel Mrith Goodman, etc.,
1803, 770-8.
Flannagan, M. K, challenge of, 1854,
749.
Fletcher, story of, 387-8.
Folsom, justice at, 612.
Folsom, Capt, squatter troubles of,
404.
Folsom, duel with Russell, 1851, 751.
ForlKJs, A., statements of, 18:)5, 42-.3.
Foreigners, polit. influence of, 561-2.
Fouke, duel with SaflFord, 1805, 779.
Fremont, Gen., story of, 748.
Frisbie, J. B., mention of, 412.
O
Galvez, J., exploration of, 31.
Gambling, evils, etc., of, 686-08; laws
against, 687-8; tricks in, 687, 691-
2; prevalence of, 680; inCal., 694-
733; efifect of, 695; banking games,
700-3; lasauenet, 700-3; rondo,
701; gamblers, the personnel of,
703-9.
Gaming-honses, 708-10; monte, 711;
stories, 695-7,713-.^% 801-4; poker,
719-20; chances in, 72:{-6.
Oatewood, W. J., duel with (iioid-
win, 1859, 775-6.
Geary, J. W., alcalde, 1850, 600-1.
Geysers, descript. of, 17-21.
Gilbert, E., duel with Denver, etc.,
1852, 756-6.
Gillem, (icn. A. C, superset U-ii
Wheaton, 1873, 506; tlio Modco
war, 509, 547-69.
Gillespie, story of, .346-7.
Glover, A., relief of Donner l>arty,
102-6.
Godfrey, G. K., sham duel of, 18.'9,
774-6.
Gold Discoveries, in Cal., 2.'>-88.
Gold-dust, trattic in, 340.
Gonard, the ^ineute at Carson jail,
1878, 4.30.
Goodale, Lieut, at Ft Klamath, 18i;9,
450-3.
Goodman, I. T., duel with Fitch,
1863, 776-8.
GocMlwin, P., duel with Gatewood,
1859, 775-6.
Gordon, W., story of, 629.
frorgonii, descript. of, 170-1.
(Soscolo, Chief, death of, 747-8.
Gould, story of, 639.
Graham, W. H., duels, etc., of, 1851,
750.
Graham, W. R., challenge sent to,
1854, 749.
Grand Jury, descript. of, 1850, 600-1.
Gray, statement of, 41.
Gniyson, A. J the Donner tragetly,
04-5.
Green, Col J., iit Ft Klamath, * '2,
469-70; corrcHpond with Wheatoa,
484-5; campaign at tlio lava hvdn,
1872-.3, 491-503, 548-52.
Griffith, J., story of, 1851, 796-7. ^
Grover, Gov., petition, etc., to, 1872,
463-4; to Modoc outbreak, 1872,
486; protest of, 610; orders of,
1873, 555.
Guzman, T. de, discovers site of
Panamfi, 1615, 178.
Gwin, W. M., duel of, 185.3, 756.
Habana, descript. of, 151-2.
Hacker, D. K., duel with London,
1864, 759-60.
Hager, Judge, the Terry case, 772-3
Hanley, P., affray with O'Brien, etc.,
1877, 783-4.
822
INDEX.
Hamlileton, Mrs, death of, 2.18-9.
Ihtrdcooii, death of, 117-8.
lliirdy, .ludgo J. H., tlio Terry case,
18.V.>, 773; indicted for iiiuider, 774.
}iara.s/,thy, Auguxtin, of U. 8. branch
mint, :U2.
Hari^raves, story of, 63.
llasbrouck, H. C, mention of, 534,
ll!i>!ting!4, L. W., the Downer tragedy,
'Jl».
llaverstick. Registrar, trial before,
g:«).
Hawkins, J., duel with Dowdigau,
]HM, 738-9.
Hayes, Alderman, duel with Nugent,
1853, 754-5.
Hayes, T., Terry's second, 771.
Hoaldsluirg, squatter troubles near,
411-11».
Herbert, P. T., mention of, 759.
Hertz, H., story of, 8()!t-12.
Hill, !>., campaign at the lava beds,
1872-3, 495.
Hitchcock, C. M., mention of, 760.
lli/.er, Lieut, campaign at the lava
bods, 1872^, 498.
H oat Hoy, M., robbery, etc., of, 1877,
044-0.
lloldcrbaum. A., the Chico riots,
1877, 573; trial of, 579.
Holiday, outrage of, 410-11.
'Hooker .lim,' campaign at the lava
beds, 1872-3, 492, 498; surrender
of, 558.
Hot creek, Indians of, 483-4, 487.
Hovey, E., death of, 652.
Howard & Melius, mention of, 345.
Howe, Lieut, campaign at tlie lava
beds, 187-23, 549, 554.
Hoyt, exped. of, .3.3.
lluliert, N,, duel with Hunt, 1854,
759.
Hudson, story of, 728-.32.
Hunt, ii. T., duel Mith Hubert, 1854,
759.
Hunt, Major, mention of, 468.
Hunter, J., duel with Pitcher, 782.
Huntington, Superintendent, treaty
with Indians, 1864, 446-7.
Idaho, convicts of, 431.
Innnigration, character of, 361-3.
Irish, polit. influence of, 561.
Indians, traffic with, 436-7; employ-
ment of, 438-42; treaties with,
1864, 446-50; the Motloc war, 440-
560.
Inge, S.W., duel with Stanley, 750.
Jack, Capt., treaty with, 1864, 446-
50; negotiations with, 450-1, 457-9;
40i)-9, 483-4; at Mo<b)0 point, 451;
at Lost river, 451, 454; complaints
of, 4.')2; land claimed by, 4.'')3-5;
raids, etc., of, 1870-1, 45.")-7; con-
ference witli, 1871, 459-00; 1872,
465-6; insolence of, 46li 9; at-
tempted arrest of, 470^3; campaign
at the lava licds, 1872-3, 488-504,
547-57; message to t'anby, 522-5;
conference with {>oaco commi.ss.,
538-42; massacre of comniiss., 542-
6; surrender and execution of, 558.
Jackson, Capt. J., at Ft Klamath,
1870, 457; aflFray with Modoc<,
1872, 470-2; campaign at 1.!ie lava
beds, 1872-3, 490-504.
.Tews, status, etc., of in Cal., 372-4.
Jimeno grant, disturbance at, 1853,
410.
Jones, H. J., the Chico riots, 1887,
572.
Jones, H. T., conviction of, 1877, 579.
Jones, W. H., the Hayes-Nugent
duel, 1833, 755.
Johnson, Dr, sayings of, 663-6.
Johnson, (r. P., duel witli J-^Tguson,
1858, 762-3; trial of, 703.
Jolinsou, Sheriff, mention of, 403-4.
Judiciary, character of, 582-5, 5SK);
stories of the, 691-657.
Justice, administ., etc., of, 586-656.
Kanakas, employment of, 441-2.
Koarn, U., nuaition of, 448.
Kelly, Capt. H. , the Modoc outbreak,
1872, 482; campaign at tlie lava
beds, 1872-3, 491-503.
Kelsey, (1., story of, 1850, 617-21.
Kemble, E. C, duel with McDougal,
1851, 751.
Ketchum, suit of, 639.
Kewen, A., duel M'ith Woodlief, etc.,
1834, 760-1.
Keys, Capt., m^-ntion of, 403.
Kiesburg, the Donner tragedy, 97-8,
106-8.
King, T. S., influence of, 798.
Kingston, descript. of, 133.
Klamath basin, petition from settlers
of, 1872, 463.
Klamath, Fort, reservation at, 450;
forces at, 1870, 464.
Klamaths, treaty with, 1864, 446-50;
raids of, 1863, 447.
INDEX.
Klain.iths, raids of, at Motloc point,
■i.'i.'-.'i: ciiiii|iiiign at tlio lava Itoila,
Kiiaiip, 1*. v., at Ft Klamath, 1870,
4'}\-'i; ineutiiig with Capt. Jack,
45(>; naiovcd, 1870, 4.')7.
Knight, (i., voyage of, 1719, SO.
Kuif;lit, S., dud with Eastorbrook,
1851), 77«.
Kriig, C, duel with Loehr, 1853,
7o(>-7.
Kylu, Lieut, J. G., the Modoo out-
lireak, 1872, 485; campaign at the
lava beds, 1872-3, 490-501.
La Paco, L., mention of, 779.
Lagrode, the Tcrry-Broderick duel,
708.
Lake county, justice in, 1865, 647-8.
Lalako, Chief, raids of, 1863, 447,
4.")4-5.
Land commission, appointment, etc.
of, 1851, 398-S).
Langell valley, Modoc raids, 73, 534.
Langdon, S. , duel with llyer, '57, 761-2
Lark, Justice A., administ. of, 1854,
640-7.
Larkin, T. O., statements of, 1846,
53-4.
Lauiiqncnct, deacript. of, 700-3.
Lava beds, deacript. of, 488-9; cam-
paign of tlie, 1872-3, 490-505, 647-
57.
Law-courts, 298; descript. of, 590-
656.
f .awson, F. , mention of, 400.
Leary, Lieut, mention of, 554.
Lee, B., story of, 354-5.
Leggett, W., duel with Morrison,
1852, 752.
Lcmni, C, the Chico riots, 1877, 574.
Leon, P. de, thiel with Velasco, 744.
Levi, sham duel of, 1859 775.
Lewis. T. D. P., duel with Somers,
185.3, 757.
Lewis, duel with Anderson, 1806,
780.
Lick, J., squatter troubles of, 405.
l.inkville, alarm at, 1873, 534-5.
Loehr, l)r, duel witli Krug, 1853,
750-7.
Loker, T., suit of, 1850, 619-21.
London, J. S., duel with Hacker,
1854, 759-60.
Lopez, F., gold discov'd by, 1842,
47-8.
Los Angeles, descript. of Negro Alley,
562-3; Chinese not at, 1871, 563-4.
Los Angeles, ntttniges on Chinese at,
564-7; iniiiicHt at, 567-8; duelling
at, 1852, Y'^3-4; 1870, 78.3.
Lost river, Indian raids near, 1864,
449; 1870-1, 455-7; camp on, 1873,
505.
Lower California, coast of, 216.
Ludingtou, In8|)ector, report of, 1871,
460-1.
Lundy, E. B., duel with Dibble, etc.,
1851, 751-2.
Luttrell, J. K., mention of, 656.
M
Magrudcr, Col, mention of, 753-4.
Manoney, J., trial of, 1877, 579.
Mammoth trees, descript. of, 14-15.
Manoa, fabled treasures of, 226.
Manzanillo, descript. of, 215.
Mariposa, grove, descript. of, 15.
Marshall, J. W., the gold discov.. 57-
8, 63-76; mining adventure of, 232.
Martinez, adventure of, 226.
Marysville, justice at, 1850, 610-11,
623.
Mason, Col, the Modoc outbreak,
1872, 487-8; campaign at the lava
beds, 1872-3, 4'.»4-5, 502, 547-50.
Mason, story of, 442.
MattlicwRon, the emeute at Carson
jail, 1877, 429-.m
May, E., murder of, .580.
May, Senator, duel witli Rowe, 185.3,
757.
Mazatlan, descript. of, 215-16.
McChristian, P., story of, .38,'>-6.
McCorkle, J. W., duel with Gwin,
1853, 756.
McDonald, story of, 1814, 745.
McDougal, G., duel with Kemble,
1851, 751.
McDougal, Gov., menti<m of, 760.
McDougal, J., duel witli Russell,
1852, 756.
McEldery, affrav with Modocs, 1872,
470.
McFarland co., suit of the, 641-2.
McGowan, E., stories of, 602-4.
McKay, J)., campaign at the lava
beds, 1872-3, 492-3, 547.
McKibbin, J., Broderick's second,
771.
McKune, affray with Judge Wilson,
1852, 640.
McNabb, J., mention of, 779.
McNamara, Capt., J., camjiaign in
the lava beds, 1872-3, 494.
Meiggs, H., defalcation, etc., of,
1854, 287-90.
INDEX.
Meacham, Snperintendeilt, negotia-
tions of, 420-1; treatment of In-
dians, 452; policy of, 467-8; at Ft
Klamath, 1870, 457; conferetio*
with Capt. Jack, 1871, 459 60;
correapond. of, 1871-3, 4fiO-4, 630-
2; relieved, 1872, 464; chairman of
peace commission, 1873, 607; in-
structions to, 526' disgust of, 627-8;
taterview with Capt. Jack, 635-6;
conference with Modocs, 538-42;
attempted assass. of, 643.
MendennaJ), Capt J., mention of,
654.
Menxies, R., duel with Benaon, 1854,
759.
Miller, H. F., mention of, 460; death
of, 476.
Miller, Lieut, campaign at the lava
beds, 1872-3, 494-5, 548-9.
Mills, Capt C. S., mention of, 486.
Miners, characteristics, etc., of, 247-
69, 364-6, 381-95; fortune and mis-
fortunes, 383-4; stories of, 385-94.
Mining, descript. of, 228-30; diacrimi-
natiou against foreigners, 2.32-6;
regulations and disputes, 2.%-47;
camps, 381-2, 394; stories, 385-94,
807-y, 815-17.
Mo<loc8, name, 446; treaty with,
1864, 44(V-50; raids of, 1863, 447;
1870-2, 435-82; removed to reser-
vation, 450-1; treatment of, 451-2;
aflfray with, 1872, 470-3; campaign
of the lava beds, 1872-3, 488-504;
647-57; the peace commiss., 505-42;
massacred i)y, 542-6; surrender
and disposal of, 557-9.
Mokelumne river, duelling on the,
1851, 750-1.
Money making, remarks on, 302.
Montana, penitentiary frf, 431-2.
Monterey, descript. of, 222.
Montour, duel with PiUet, 1813, 745.
Monte, descript o^ 711.
Moore, H. de W., the Modoc out-
break, 1872, 488.
Moore, Lieut, campaign at the lava
beds, 1872-3, 494.
Morgan, A., mining claim of, 237-40.
Mormon island, Indians at, 1848,
438-41.
Morrison, J., duel with Leggett, 1852,
752.
Mountains of Cal., descript. of, 2-16.
Mulligan, W., mention of, 759; duel
with Coleman, 1864, 778.
Murchison, Sir R., remarks of, 47.
MHri)hy, J. C, trial, etc. of, 629.
Murphy, camp of, 441.
Murray, B., letter of, 646-7.
Murray, Judge, H. C, ch{>racter, et<r.
of, 605-7.
N
Negro alley, (Los Angelee) descripi;.
of, 1871, 563-3.
Nevada city, justice at, 1852, 626-7;
duelling at, 1861, 751-2.
Newell, S. T., kiUing of, 774.
NezPerces, trouble with, 1873, 528.
Nicaragua, Lake, descript of, 201-2.
Nicaragua route, descript of tlic, 198-
202.
Nieto, S., mention of, 748.
Niles, Justice J., administ, etc. of,
640-3.
'North America,' wreck of the, 21^
14.
Northrup, M. V., duel with Evans,
1877, 784.
Nugent, J., duels of, 1852, 754-6.
Oak grove, duelling at, 1852, 755-6;
1854, 758.
Oakland, disturbance in, 185.'), 408.
O'Brien, J., affray with Hanley, 1877,
783.
Odeneal, L. B., Ind. superintendent,
1872, 464-70; peace commissioner,
1873, 510.
Ohio Diggings, search for the, 231-2,
Old Kent.U(^ Co., suit against the,
641-2.
Oregon, prisons of, 4.30-1 ; the Modoc
war, 446-50.
Oroville, rioters tried at, 1877, 577-9.
Otis, Major, the Modoc troubles,
1872, 464-9.
Pacific Mail Co., origin of, 125, opera-
tions, 125-6.
Pack-trains, descript. of, 331-2.
Palomares, F., narr. of, 747-8.
Panama bay, descript. of, 184-5.
Panamd city, hist, sketch of, 158-9;
descript. of, 1852, 179-^7.
Panamli, Isthmus, descript. of, 155-
88; travel across, 1852, 156-77;
population, 183; climate, 184.
Park bar, mining dispute at, 1851,
246-7.
Park. T. W., duel with Brazer, 1854,
760.
Parker, R., story of, 348.
INDEX.
825
Parsons, G. F., the gold dUcov., 72-3.
Pattie, J. O., explorations of, 1832,
9(>-l.
Pawnbroking, descript. of, 324-6.
Peace comnussion, appointment, etc.
of, 1873, 605-11; negotiations, SH-
IS; report of, 517-19; conference
with Modoca, 538-42; commiss.
massacred, 542-6.
Peachy, A. V., duel of, 1852, 762.
Pearl islands, descript. of, 185.
Pearson, H., mention of, 406.
Pefla Corpiiral, mention of, 747-8.
Perley, D. W., quarrel with Broder-
ick, 705-6.
Perry, Capt., the Modoc outbreak,
1872, 485-^; campaign at the lava
beds, 1872-3, 490-503, 5-(8, 553;
Capt Jack surrenders to, •S,
Pettigrove, S., story of, 785-7.
Phyiiician», fees of, 1850, 351.
Pickett, E. £., statements of, 50, 55;
story of, 365-7; trial of, 1848,
608-9.
Piercy, C. W., duel with Showalter,
1861, 776.
Pile-<lriving, descript. of, 1849, 264-5.
Pillet, duel with Montour, 1813, 745.
Pitcher, W., duel with Hunter, 782.
Pizarro, H., mention of, 744-6.
Pollock, Capt., at Ft Klamath, 1873,
534.
Post office (San Francisco) descript.
of, 1851, 278-9.
Pojtal delivery, descript. of, 272-4.
Potter, E. W., mention of, 448.
Powers, J., squatter disturbance of,
185.3, 411.
Prices, extravagance of, 1849-50,
.>i7-51.
Prisons, San Quentin, 413~26; the
'Euphemia,' 415; management of,
417-22; Carson, 426-30; Salem,
430-1; Sttilacoom, 431; Boise
c^m.'y, 431; Deer Lodge, 431-4;
of Al.ska, 434; of Utah, 434; of
Arizona, 434-5.
Pnifanity, prevalence cif, 319-20.
Prudon, story of, 789-93.
R
Raleigh, Sir W., exped's, etc., of,
1595, 1017, 226-7.
liandoli)!), mention of, 700.
Raoussel-Boulbou, Cmiite de, men-
tion of, 758.
Raymond, duel with Tucker, 749.
Ream, Lieut, campaign at the lava
beds, 1872-3, 503-4.
Reed, J. F., the Donner tragedy, 93-
105.
Restaurants, descript. of, 349-50.
Reynolds, W. , mention of, 407.
Rich Bar, stories of, 662, 727-33.
Richards, M., duel with Chaviteaux,
1854, 758.
Richard, 8. R., prison inspector,
1854 434.
Ricord', story of, 1849, 815-17.
Riddle, T., warning of, 525; inter-
preter to peace commiss., etc.,
1873, 537-40; escape of, 54.S.
Riley, C. VV., saloon keeper and
iudge, 622-3.
Riley, Gen., mention of, 415.
Roberts, E., the Chico riots, 1877,
67»-6; trial, etc., of, 578-9.
Roberts, Lieut G., wouiuled at the
lava beds, 1873, 501
Robinson, Dr, the squatter riots,
1849-50, 410.
Rockwood, A. P., prison inspector,
1854, 4.34.
Rogers, Judge, story of, 6r)6.
Rogue river valley, Indian raid in,
1855, '45-6.
Romles, P., the Chico riots, 1877,
672.
Rondo, descript. of, 701-2.
Roseborougli, peace coiumissioner,
1873,512-13; interview with (apt.
Jack, 5.35-0; with Boston Charley,
530.
Roos, C. L., stf^-y of, .?45 fi.
Ross, Gen. J. K., the Modoc war,
1872-3, 486-95. 500.
Rough and Ready, camp, story of,
7J»-9.
Rowe, E., duel with May, 18.'i.3, 7.".
Rnelle, J. R., story of, .Vi.
Russell, A. C, duel with Folsom,
1851, 751.
Russell, T., mention of, 747
Russell, duel with McDougal, '.^S, 7.'0.
Rust, duel with Stidgcr, IS").'!, 7.")7.
Rutlantl, .T. P. quarrel with Thomas,
etc., 1854, 757-8.
Ryer, W. M., duel with Langdon, '.")7,
761-2.
Sacramento squatter riot, IS.TO, 408-
10; justice at, 1856, 623; affray at,
1852, 640; gambling incidents, 1850,
722; cliolora at, 1850, 75)0-2.
Snfford, C, duel with Fouke, '65, 770.
Safford, Judge, trial uf Chico rioturs,
I 1877, 579.
R'Jll
INDEX.
f^ali'iu prison, dcscript. of, 4.T0-1.
tSaliHins, (iuMuript. of, 074-8.
San Anilreiw, justice at, 1S77, 044-5;
dwelling near, \Sii',), 775-0.
San Antonio, dwelling at, 1853, 750-
7.
•San Bias, dcscript. of, 215.
San Diego, descript. of, 1852, 217;
stfirni at, 184'.(, 'J17-21; justice at,
1840, (ii:{; duelling lined at, 1830-
41, 740-7.
San Francisco, l>a)' of, 21-3; Imild-
ings and streets of, 1841), 200-5,
281-2, 280 7; j)ile-<lriving in, '2CA-
5; character ot population, 20.V0;
tlie drama, 207-0; arrival of steam-
ers, 270- 2; pust<al delivery, 272-4;
steamer-day, 275-0; post-otlice,
278-0; poverty in. 1852-3, 283;
liuU-ligliting, 283-5; promenades,
28."); cemeteries, 200-1; homes, 2i)l-
2; climate, 202; the new city, 202-
3; society, 21>4-314; pawnhroking,
324 -(i; commerce, ."ill.")-. 58; stock -
broking, 330-7; strikes, 330-40;
coinage, 340-1 ; hanks and husincss
failures, 341, 'M4; auctions, 'M6-7,
3.")0 1, 3.")8-0; prices, 347 51; hu.si-
ness depression in, 1851-5, 3.jO-7;
sijuattt-r trouhlcs, etc. in, .30(>-407;
prisons, 415; law-courts, 500, 023-
0, 0:V.) 40; grand jurv, 1850. 000-1;
gaiiihling ni, 007-727; duelling,
lS.-.lliO, 740-83.
Tvin Isidro, alleged gold discov. near,
40.
Sail .Tose, jtistico at, O-^O; ftoscolo's
imtragtN, etc. at, 747-8.
Sin .I'lau del Norte, dcscript. of, 109.
San (j'uentin, name, 413; under
Spanish rejiime, 414-15; statc-
pvisou huiltat, 410; contracts, etc.,
410-17; site, 41S; ImiMmgs. 418-
10; treatnu'ut of prisoners, 410-22;
e<cap(M from, 42.5-0; atiray at,
1S77. 783 4.
San Uafael. disturbance near, 407;
town of surveyed, 407; duelling
near, 1801, 77f).
Sanilils, l)r, explorations of, 51-2.
Santa liarhara, duelling at, 1825,
740.
Santa Craz, justice at, 052-5.
Sivila, Count, 'Nouvelles Annates,'
:t.-) (i.
' .'"■(•aiface, Thiof,' campaign at the
iiiva IkmIs. 1872-3, 402; surrender
of, .5,58.
Scenery. (Cal.) dcscript. of, 2-24.
Schira, Mrs, uarr. of, 474-5,
Schira, N., killed by Mndocs, 1872.
474-5.
Sconchin, Chief, raids of 18C3, 447;
at Modoc point, 451-4; the Modoc
outbreak, 1872, 400, 478-81, 487;
the peace commission, 511, 514-15;
message to Canby, 621-2; mediation
of, 520; insolence uf, 541; execu-
tion of, 558.
Schroedcr, J., killed by Modocs,
1872, 470.
Scott, l)r, mention of, 708.
Scott, W. H., duel with Smith, 1853,
757.
Scott bar, election at, 1851, 051.
Settlers, definition of word, .396-7;
contrasted with .scpiatters, 307.
Sheldon, mining dispute, etc. of, 246.
Shelvocke, G., voyage, etc. of, 1710-
22, 20.30.
Shephard, P. W., mention of, 772.
Sherman, (ien., the Modoc war,
1872-3, 505-0; correspond with
Canby, 510-17, 520 7.
Sherwood, Lieut, ileath of, .544-5.
Sliillabcr, T., menti(m of, 403.
Shillingow, A., killed by Modocs,
1872, 477.
Shoalwatcr bay, justice at, 0.35 8.
Showalter, D., duel with rierry,
1801, 770.
Silva, Capt., ("!. M. C, the Mount;
outlircak, 1872, 488.
Silv.as, N., mention of, 748.
Sinnnons, W., judge at .Scott Bar,
etc., 1821, 051.
Simpson, 11. I., story of, 4.38-41.
Sinclair, story of, 385-0.
Siskiyou county, petition from, 1869,
4.50.
Slanglitcr, C., the Chico riots, 1877,
57'i-O; iirrcst, etc, r)f, 577-9.
Slavery, question of, 3(»5.
Shiat, L. \V., prediction of, 54.
Smith, C. T., story of, 801-4.
Smith, (>., story of, 71-2.
Smith, 11., menlinn of, 774.
.Smitli, il., gold vliscov'd by, 39.
Smith, .1. v., duel with Broderick,
1852, 752 3.
Smith, v., duel with Scott, 18,5.3, 7.57.
Smith, explorations of, 00.
Society, dcscript. of, 2tU-314, 301-80.
Sonuirs, C, duel with Lewis, 1853,
7.57.
Sonoma, justice at, 627.
Sonora, JH.stice at, 1851,6.30-3; duel-
ling at, 18.52, 753; 18.59, 770.
Soto, M., duel with Borondo, 1825,
4U7.
INDEX.
827
(Spanish Ainorica, duolliiig in, 744-5.
Sparks, Dr, story of, 351.
Spokane, Furt, tlueilingat, 1814, 745.
tSpi-agiiu, T., atatenicnt of, 39.
Springer, T. A., mention of, 62S).
Sipiatterisin, name, 3*JG; descript and
oviU of, 397-412.
Sipiatterii, name, 39G 7; contrasted
witlj settlers, 307; greuil of, 397 -S;
power of, 401-2; riots, etc., 402-12.
St Helena, Mount, descript. of, 16.
St^iging, descript. of, 327-31.
Stainlirook, T., the Chico riots, 1877,
r)75-<>; trial of, 579.
Stanley, E., dnel with Inge, 1851,
7.")0.
Steamer day, descript. of, 275-4).
Steele, K., mention of, 443; Ind.
Hi4)erinteiident, 18(53, 447; treaty
with Indians, IS(U, 44S-50.
Steele, negotiations, etc., of, 1873,
512-15.
Stt'ilacoom, prison, mention of, 431.
Stevens, K., exped. of, .VJ.
St(!vens, K. 1'., the I^tira 1). Fair
trial, ()25.
Stidgor, duel with Uust, 18.").3, 757.
Stuekltroking, ileseript. of, 3.'U>-7.
Stuck ganililing, evils, etc., of, 086,
(I'.i'J 5.
Stockton, electi(m, etc., at, 1849,
ti09 10; gambling incident at, 18.")0,
717-18; duelling at, 1S.54, 7G().
Stoddard, \V. 1'., mention of, 774-5.
Stone, story of, 720.
Slii(kl;inil, E. A., attempted escape
of. 421).
Strikes, descript. of, 339-40.
Suis\in, sipiatter trouMe near, 18152,
412.
'Sunday l)isi>atch,' letter in, 1851,
279-81.
Sunset, trojiical, descri})t. of, 203-5.
Sui'prise valley, protection of, 1873,
.■)(».">
SiUti'r, (Jen. .T. A., the gold discov.,
(19 7(5, 84; sipiatter trouMes of,
|S,")((, -108; I'xpcrience with Indians,
etc., 4H 2.
Sutter's fort, justice at, 1848, 007-9.
Taylor, ('., story of, 3.'");i-5.
Terry, D. S., duel witii Hroderick,
etc., 7t)3-72; trial, etc., of, 772-4.
Thellar, Lieut, campaign at the lava
heds, 1872 3, 517, 5.-)0.
Thik'l, tUu Chiuu riots, 580.
Thomas, Rev. E., )>oacn commissioner,
1873, 528; indiscretion of, 5.S7;
conference with. Mmlocs, 5;i8-42;
death of, 542 3.
Thonia«, Major, campaign at tlie lava
hods, 1872-3, 549 .50; .5.54-7.
Thomas, I*. W., duel with Dickson,
18.54, 758.
Tliompson, .1. H.. story of, 048.
Thompson, W. F., gold discovM hy,
1839, 4.5.
Tlirockmorton, Major, mention of,
.509; camjiaign at the lava heds,
1882 .3, 548.
Toi)in& Duncan, auction rooms, etc.,
of, 18.52-3, 3.50-7.
Tohy, E., duel with (.'rane, 18.53, 757.
Tracy, outr.age upon, 411-12.
Travel, descript. of, 32(5-31.
Truckec, justice at, 051-2.
True, B., the Chico riots, 1877, 573.
'J'ruett, E., mentiim of, 772.
Tucker, duel with liaymond, 18.50,
749.
Tule lake, Ind. outrages near, 1S72,
473 7.
Turk, F., story of. .597-8.
Tuthill, F., remark <.f, 47.
U
Usury laws, remarks on, 34.3-4.
UtJih penitentiary, lucution of, 4.34.
Vail, O. C, alcalde of Yreka, 1851,
(5.50 1.
N'allejo, justice at, 722 .3.
Vallcjo, (leu. M. (J., ' Historia de
C'alifornia,' 38; pri.son contract of,
1852, 415.
Van Hutten, exped. of, 1.541-5. ."Jt..
Vaughn, ("aj)t. (J., voyage of, 1719,
m.
Vel.asco, duel witli Police de Leon,
744.
Veiialih', .1. W., journey to Cal.,
1849. 191 2.
Vcr .Mclir, I M', niciition of, 2(>~
Viuder, I'adre, pi'cild'lions of, 40.
Virginia city, diU'lling, etc. at, 18(55,
779 82.
Vi/.casiio, S., voyage, etc. of, 27-8.
Voorliics, \V. \',in, address of, 1853,
2li3 4.
Wadswordi, C. L,, alcalde, etc.,
1849, 009-10.
828
INDEX.
Wadsworth, Dr, mention of, 798.
Wa|5oner, Mrs, death of, 185fi, 445-6.
Waiuwright, J. E., Beideman's chal-
lenge to, 1854, 761.
Walker, duel with Graham, 1851,
749-50.
Wall, J., story of «4ft-7.
War, remarks on, 737-42.
Warner, Camp, force at, 1870, 454.
WashUurn, Editor, duel with Wash-
ington, i854, 760.
Washington, (Cal.) justice at, 1850,
616-21.
Wanhingt<in, Editor, duel with Wash-
Imrn, 1854, 760.
Washington territory, convicts of.
431.
Water-lots, appropriation, etc. of,
405-7.
Watson, mention of, 760.
Wealth, pursuit of in Cal., 316-18.
Wethered, duel with Winter, 1852.
753.
Wijeaton, Col. F., supersedes Otih,
1872, 469: oorrosponcf. with Canhy,
470: the M.-doc war, I872-.3, 484-5,
488, 490-504; superseded, 50<}.
Wheeler, W. F., mention of, 432-4.
V53.
Whittle, R., the peace oommisiion,
1873,611-12. ^^ ^
Widney, R. M., mention of, 639.
Wiener, Mrs, the gold discov., 74-6.
Wilbur, J. H., peace commissioner.
1873, 510. '
Wilder, M., story of, 786-7.
Wilson, J. B., duel with Beane, 1870,
783.
Wilson, Judge, affray with McKeune,
1852, 640.
Winter, duel with Wctherefl, 1852,
Woman, sphere of in Cal., 305-54.
Woodlief, D. .1., duel with Keweii,
etc., 1874, 760 1.
WmMiruff, W., prison insjiector, 1854,
Wright, G. J., duel with Baird. 18r)3,
7r)6.
SVright, H. C, the Chico riots, 1877,
570-6; arrest, etc. of, 577-9.
Wyeth, Capt., expeds, etc. of, 91.
Y
Yolo county, justice in, 629.
Yreka, justice at, 1851, 650-1.
Yosemite valley, dewcript. of, 6-13,
Yu«aft Jail, mention of, 434-5.