Full text of "The forty-niners; a chronicle of the California trail and El Dorado"

See other formats

Google

This is a digital copy of a book that was preserved for generations on Hbrary shelves before it was carefully scanned by Google as part of a project

to make the world's books discoverable online.

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject

to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books

are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover.

Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the

publisher to a library and finally to you.

Usage guidelines

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we liave taken steps to
prevent abuse by commercial parties, including placing technical restrictions on automated querying.
We also ask that you:

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for
personal, non-commercial purposes.

+ Refrain fivm automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the
use of public domain materials for these purposes and may be able to help.

+ Maintain attributionTht GoogXt "watermark" you see on each file is essential for informing people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner
anywhere in the world. Copyright infringement liabili^ can be quite severe.

About Google Book Search

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web

at |http : //books . google . com/|

pK^f"^'?l'«»e«,

;|^3J

.W59

TEXTBOOK EDITION \

THE CHRONICLES

OF AMERICA SERIES

ALLEN JOHNSON /

EDITOR

GEBHABD R. LOMEB \

CHARLES W. JEFFERYS
ASSISTANT EDITORS

THE FORTY-NINERS

A CHRONICLE OF THE

CALIPOBNIA TRAIL AND EL DOKADO j

BY STEWART EDWARD WHITE

II1VT1.T

KVEMTMj

LVXET

i^i

IvzmAs

JjS^^

NEW HAVEX; YALE UNIVERSITY PRESS

TORONTO: GLASGOW, BROOK & CO.

LONDON: HUMPHREY MILFORD

OXFORD UNIVERSITY PRESS

; . ■

^ CONTENTS

I. SPANISH DAYS Page 1

II. THE AMERICAN OCCUPATION
in. LAW— MILITARY AND CDTIL
.IV. GOLD

V. ACROSS THE PLAINS
VI. THE MORMONS
VII. THE WAY BY PANAMA
VIII. THE DIGGINGS
IX. THE URBAN FORTY-NINER
X. ORDEAL BY FIRE
XI. THE VIGILANTES OF '51
XIL SAN FRANCISCO IN TRANSITION

XIII. THE STORM GATHERS

XIV. THE STORM BREAKS
^y. THE VIGILANTES OF '56
XVI. THE TRIUMPH OF THE VIGILANTES

BIBLIOGRAPHICAL NOTE

INDEX - 271

«<

13 *

<«

106

119

140

150

<•

159

174

210

231

258

267

<
b

«a

THE FORTY-NINERS

CHAPTER I

SPANISH DAYS

The dominant people of CaJifomia have been
successively aborigines, conquistador es^ monks,
the dreamy, romantic, imenergetic peoples of
Spain, the roaring melange of Forty-nine, and
finally the modem citizens, who are so distinctive
that they bid fair to become a subspecies of their
own. This modem society has, in its evolution,
something imique. To be sure, other countries
also have passed through these same phases. But
while the processes have consumed a leisurely five
hundred years or so elsewhere, here they have
been subjected to forced growth.

The tourist traveler is inclined to look upon the
cmmbling yet beautiful remains of the old mis-
sions, those venerable relics in a bustlisv^\jaa^'sc^

« THE FORTY-NINERS

land, as he looks upon the enduring remains of old
Rome. Yet there are today many unconsidered
New England farmhouses older than the oldest
western mission, and there are men now living
who witnessed the passing of Spanish California.

Though the existence of California had been
known for centuries, and the dates of her first visi-
tors are many hundreds of years old, nevertheless
Spain attempted no actual occupation until she
was forced to it by political necessity. Until that
time she had little use for the country. After
early investigations had exploded her dream of
more treasure cities similar to those looted by
Cortes and Pizarro, her interest promptly died.

But in the latter part of the eighteenth century
Spain began to awake to the importance of action.
Fortunately ready to her hand was a tried and
tempered weapon. Just as the modem statesmen
turn to commercial penetration, so Spain turned,
as always, to religious occupation. She made
use of the missionary spirit and she sent forth
her expeditions ostensibly for the purpose of con-
verting the* heathen. The result was the so-called
Sacred Expedition imder the leadership of Junl-
pero Serra and Portola. In the face of incredible
hardships and discouragements, these devoted.

SPANISH DAYS 3

if narrow and simple, men succeeded in establish-
ing a string of missions from San Diego to Sonoma.
The energy, self-sacrifice, and persistence of the
members of this expedition furnish inspiring read-
ing today and show clearly of what the Spanish
character at its best is capable.

For the next thirty years after the foimding of
the first mission in 1769, the grasp of Spain on^
California was assured. Men who could do, suffer,
and endure occupied the land. They made their
mistakes in judgment and in methods, but the
strong fiber of the pioneer was there. The original
padres were almost without exception zealous,
devoted to poverty, uplifted by a fanatic desire
to further their cause. The original Spanish
temporal leaders were in general able, energetic,
courageous, and not afraid of work or fearful of
disaster.

At the end of that period, however, things
began to suffer a change. The time of pioneering
came to an end, and the new age of material
prosperity began. Evils of various sorts crept
in. The pioneer priests were in some instances
replaced by men who thought more of the flesh-
pot than of the altar, and whose treatment of the
Indians left very much to be desired. S^csjsaaScJv^^^

4 THE FORTY-NINERS

arose between the civil and the religious powers.
Envy of the missions' immense holdings imdoubt-
edly had its influence. The final result of the
struggle could not be avoided, and in the end
the complete secularization of the missions took
place, and with this inevitable change the real
influence of these religious outposts came to an
end.

Thus before the advent in California of the
American as an American, and not as a traveler
or a naturalized citizen, the mission had disap-
peared from the land, and the land was inhabited
by a race calling itself the gente de raz6n, in presumed
contradistinction to human beasts with no reason-
ing powers. Of this period the lay reader finds such
conflicting accounts that he either is bewildered
or else boldly indulges his prejudices. According
to one school of writers — mainly those of modern
fiction — California before the advent of the
gringo was a sort of Arcadian paradise, populated
by a people who were polite, generous, pleasure-
loving, high-minded, chivalrous, aristocratic, and
above all things romantic. Only with the coming
of the loosely sordid, commercial, and despicable
American did this Arcadia fade to the strains of
dying and pathetic music. According to another

SPANISH DAYS 5

school of writers — mainly authors of personal
reminiscences at a time when growing antagonism
was accentuating the diflPerence in ideals — the
"greaser" was a dirty, idle, shiftless, treacherous,
tawdry vagabond, dwelling in a disgracefully
primitive house, and backward in every aspect
of civilization.

The truth, of course, lies somewhere between
the two extremes, but its exact location is difficult
though not impossible to determine. The influ-
ence of environment is sometimes strong, but hu-
man nature does not differ much from age to age.
Racial characteristics remain approximately the
same. The Califomians were of several distinct
classes. The upper class, which consisted of a very
few families, generally included those who had held
office, and whose pride led them to intermarry.
Pure blood was exceedingly rare. Of even the
best the majority had Indian blood; but the
slightest mixture of Spanish was a sufficient claim
to gentiKty. Outside of these "first families,"
the bulk of the population came from three sources:
the original military adjuncts to the missions,
those brought in as settlers, and convicts imported
to support one side or another in the inhumer-\
able political squabbles. These diverse eUxsL^^s^-^^

6 THE FORTY-NINERS

shared one sentiment only — an aversion to work.
The feeling had grown up that in order to main-
tain the prestige of the soldier in the eyes of the
natives it was highly improper that he should ever
do any labor. The settlers, of whom there were
few, had themselves been induced to immigrate by
rather extravagant promises of an easy life. The
convicts were only what was to be expected.

If limitations of space and subject permitted, it
would be pleasant to portray the romantic life of
those pastoral days. Arcadian conditions were
then more nearly attained than perhaps at any
other time in the world's history. The picturesque,
easy, idle, pleasant, fiery, aristocratic life has been
elsewhere so well depicted that it has taken on the
I quality of rosy legend. Nobody did any more
work than it pleased him to do; everybody was
well-fed and happy; the women were beautiful
and chaste; the men were bold, fiery, spirited,
gracefully idle; life was a succession of picturesque
merrymakings, lovemakings, intrigues, visits,
lavish hospitalities, harmless politics, and revolu-
tions. To be sure, there were but few signs of
progressive spirit. People traveled on horseback
because roads did not exist. They wore silks and
diamonds, lace and satin, but their houses were

SPANISH DAYS 7

crude, and conveniences were simple or entirely
lacking. Their very vehicles, with wooden axles
and wheels made of the cross-section of a tree,
were such as an East African savage would be
ashamed of. But who cared? And since no one
wished improvements, why worry about them?

Certainly, judged by the standards of a truly pro-
gressive race, the Spanish occupation had many
shortcomings. Agriculture was so little known
that at times the country nearly starved. Con-
temporary travelers mention this fact with wonder.
"There is," says Ryan, "very little land under
cultivation in the vicinity of Monterey. That
which strikes the foreigner most is the utter
neglect in which the soil is left and the indifference
with which the most charming sites are regarded.
In the hands of the English and Americans, Monte-
rey would be a beautiful town adorned with
gardens and orchards and surrounded with pictur-
esque walks and drives. The natives are, unfortu-
nately, too ignorant to appreciate and too indolent
even to attempt such improvement." And
Captain Charles Wilkes asserts that "notwith-
standing the immense number of domestic animals
in the country, the Califomians were too lazy
to make butter or cheese, and even rmlk^^^^'«2t^'

8 THE FORTY-NINERS

If there was a little good soap and leather occasion-
ally found, the people were too indolent to make
them in any quantity. The earth was simply
scratched a few inches by a mean and ill-contrived
plow. When the ground had been turned up by
repeated scratching, it was hoed down and the
clods broken by dragging over it huge branches
of trees. Threshing was performed by spreading
the cut grain on a spot of hard ground, treading it
with cattle, and after taking oflF the straw throwing
the remainder up in the breeze, much was lost
and what was saved was foul."

General shiftlessness and inertia extended also
to those branches wherein the Califomian was
supposed to excel. Even in the matter of cattle
and sheep, the stock was very inferior to that
brought into the coimtry by the Americans, and
such a thing as crossing stock or improving the
breed of either cattle or horses was never thought
of. The cattle were long-homed, rough-skinned
animals, and the beef was tough and coarse. The
sheep, while of Spanish stock, were very far from
being Spanish merino. Their wool was of the
poorest quality, entirely unfit for exportation,
and their meat was not a favorite food.

There were practically no manufactures on the

SPANISH DAYS

whole coast. The inhabitants depended for all
luxuries and necessities on foreign trade, and
in exchange gave hide and tallow from the semi-
wild cattle that roamed the hills. Even this
trade was discouraged by heavy import duties
which amounted at times to one hundred per
cent of the value. Such conditions naturally
led to extensive smuggling which was connived
at by most officials, high and low, and even by
the monks of the missions themselves.

Although the chief reason for Spanish occupancy
was to hold the coimtry, the provisions for defense
were not only inadequate but careless. Thomes
says, in Land and Sea^ that the fort at Mon-
terey was "armed with four long brass nine-
pounders, the handsomest guns that I ever saw
all covered with scroll work and figures. They
were mounted on ruined and decayed carriages.
Two of them were pointed toward the planet
Venus, and the other two were depressed so that
had they been loaded or fired the balls would
have startled the people on the other side of the
hemisphere.'* This condition was typical of those
throughout the so-called armed forts of California.

The picture thus presented is unjustly shaded^ ot
course, for Spanish CaliiomiaYLa^SX^V^^^^^^^'^^

10 THE FORTY-NINEBS

and romantic side. In a final estimate no one
could say where the balance would be struck; but
our purpose is not to strike a final balance. We
are here endeavoring to analyze the reasons why
the task of the American conquerors was so easy,
and to explain the facility with which the original
population was thrust aside.

It is a sometimes rather annoying anomaly of
human nature that the races and individuals about
whom are woven the most indestructible mantles
of romance are generally those who, from the stand-
point of economic stability or solid moral quality,
are the most variable. We staid and sober citizens
are inclined to throw an aura of picturesqueness
about such creatures as the Stuarts, the dissipated
Virginian cavaliers, the happy-go-lucky barren
artists of the Latin Quarter, the fiery touchiness of
that so-called chivalry which was one of the least
important features of Southern life, and so on.
We staid and sober citizens generally object strenu-
ously to living in actual contact with the unpunctu-
ality, unreliability, unreasonableness, shiftlessness,
and general irresponsibility that are the invariable
concomitants of this picturesqueness. At a safe
distance we prove less critical. We even go so
far as to r^ard this unfamiliar life as a mental

SPANISH DAYS 11

anodyne or antidote to the rigid responsibility of
our own everyday existence. We use these his-
torical accounts for moral relaxation, much as
some financiers or statisticians are said to read
cheap detective stories for complete mental
relaxation.

But the Califomian's imdoubtedly admirable
qualities of generosity, kindheartedness (when-
ever narrow prejudice or very lofty pride was not
touched), hospitality, and all the rest, proved, in
the eyes of a practical people confronted with a
large and practical job, of little value in view of his
predominantly negative qualities. A man with
all the time in the world rarely gets on with a man
who has no time at all. The newcomer had his
house to put in order; and it was a very big house.
The American wanted to get things done at once;
the Californian could see no especial reason
for doing them at all. Even when his short-lived
enthusiasm happened to be aroused, it was for
action tomorrow rather than today.

For all his amiable qualities, the mainspring of
the Californian's conduct was at bottom the
impression he could make upon others. The
magnificence of his apparel and his accoutrement
indicated no feeling for luxury bu\, T^XJaet ^ V>pcl^'

12 THE FORTY-NINERS

ness for display. His pride and quick-tempered
honor were rooted in a desire to stand well in the
eyes of his equals, not in a desire to stand well
with himself. In consequence he had not the
builder's fundamental instinct. He made no
effort to supply himself with anything that did not
satisfy this amiable desire. The contradictions of
his conduct, therefore, become comprehensible.
We begin to see why he wore silks and satins and
why he neglected what to us are necessities. We
see why he could display such admirable carriage
in rough-riding and lassoing grizzlies, and yet
seemed to possess such feeble military eflSciency.
We comprehend his generous hospitality coupled
with his often narrow and suspicious cruelty. In
fact, all the contrasts of his character and action
begin to be clear. His displacement was natural
when confronted by a people who, whatever their
serious faults, had wants and desires that came
from within, who possessed the instinct to create
and to hold the things that would gratify those
desires, and who, in the final analysis, began to
care for other men's opinions only after they had
satisfied their own needs and desires.

CHAPTER n

THE AMERICAN OCX^UPATION

FfiOM the earliest period Spain had discouraged
foreign immigration into California. Her object
was neither to attract settlers nor to develop the
country, but to retain political control of it, and
to mal^e of it a possible asylum for her own people.
Fifty years after the foimding of the first mission
at San Di^o, California had only thirteen inhabi-
tants of foreign birth. Most of these had become
naturalized citizens, and so were in name Spanish.
Of these but three were American !

Subsequent to 1822, however, the number of
foreign residents rapidly increased. These people
were mainly of substantial character, possessing a
real interest in the coimtry and an intention of per-
manent settlement. Most of them became natural-
ized, married Spanish women, acquired property,
and became trusted citizens. In marked contrast

to their nea^^hbors, they invanaXA^ d^&'^'a.^^ ^'^'^

14 THE FORTY-NINERS

greatest energy and enterprise. They were gener-
ally liked by the natives, and such men as Hartnell,
Richardson, David Spence, Nicholas Den, and
many others, lived lives and left reputations to
be envied.

Between 1830 and 1840, however, Americans
of a diflPerent type began to present themselves.
Southwest of the Missouri River the ancient town
of Santa Fe attracted trappers and traders of all
nations and from all parts of the great West. There
they met to exchange their wares and to organ-
ize new expeditions into the remote territories.
Some of them naturally found their way across the
western mountains into California. One of the
most notable was James Pattie, whose personal
narrative is well worth reading. These men were
bold, hardy, rough, energetic, with little patience
for the refinements of life — in fact, diametrically
opposed in character to the easy-going inhabitants
of California. Contempt on the one side and
distrust on the other were inevitable. The trap-
pers and traders, together with the deserters
from whalers and other ships, banded together in
small communities of the rough type familiar to
any observer of our frontier commimities. They
looked down upon and despised the "greasers,"

THE AMERICAN OCCUPATION 15

who in turn did everything in their power to harass
them by political and other means.

At first isolated parties, such as those of Jedediah
Smith, the Patties, and some others, had been
imprisoned or banished eastward over the Rockies.
The pressure of increasing numbers, combined
with the rather idle carelessness into which all
California-Spanish regulations seemed at length
to fall, later nullified this drastic policy. Notori-
ous among these men was one Isaac Graham, an
American trapper, who had become weary of wan-
dering and had settled near Natividad. There he
established a small distillery, and in consequence
drew about him all the rough and idle characters
of the country. Some were trappers, some sailors;
a few were Mexicans and renegade Indians. Over
all of these Graham obtained an absolute control.
They were most of them of a belligerent nature and
expert shots, accustomed to taking care of them-
selves in the wilds. This little band, though it
consisted of only thirty-nine members, was there-
fore considered formidable.

A rumor that these people were plotting an
uprising for the purpose of overturning the govern-
ment aroused Governor Alvarado to action. It is
probable that the rumors in quest\oTL^^x^\s:^<et<Sci

16 THE FORTY-NINERS

the reports of boastful drunken vaporings and
would better have been ignored. However, at thia
time Alvarado, recently arisen to power through
the usual revolutionary tactics, felt himself not en-
tirely secure in his new position. He needed some
distraction, and he therefore seized upon the
rumor of Graham's uprising as a means of solidify-
ing his influence — an expedient not unknown to
modem rulers. He therefore ordered the prefect
Castro to arrest the party. This was done by sur-
prise. Graham and his companions were taken
from their beds, placed upon a ship at Monterey,
and exiled to San Bias, to be eventually delivered
to the Mexican authorities. There they were
held in prison for some months, but being at last
released through the efforts of an American lawyer,
most of them returned to California rather better
off than before their arrest. It is typical of the
vacillating Californian policy of the day that,
on their return, Graham and his riflemen were
at once made use of by one of the revolutionary
parties as a reinforcement to their military power!
By 1840 the foreign population had by these
rather desultory methods been increased to a
few over four hundred souls. The majority could
not be described as welcome guests. They had

THE AMERICAN OCCUPATION 17

rarely come into the country with the deliberate
intention of settling but rather as a traveler's
chance. In November, 1841, however, two par-
ties of quite a diflFerent character arrived. They
were the first true immigrants into California, and
their advent is significant a^ marking the beginning
of the end of the old order. One of these parties
entered by the Salt Lake Trail, and was the
forerunner of the many pioneers over that great
central route. The other came by Santa Fe, over
the trail that had by now become so well marked
that they hardly suflFered even inconvenience on
their journey. The first party arrived at Monte
Diablo in the north, the other at San Gabriel
Mission in the south. Many brought their fami-
lies with them, and they came with the evident
intention of settling in California.

The arrival of these two parties presented to the
Mexican Government a problem that required
immediate solution. Already in anticipation of
such an event it had been provided that nobody
who had not obtained a legal passport should be
permitted to remain in the country; and that even
old settlers, unless naturalized, should be required
to depart unless they procured official permission
to remain. Naturally none of tha tl^^ ^rKM'sSSa^

18 THE FORTY-NINERS

had received notice of this law, and they were in
consequence unprovided with the proper passports.
Legally they should have been forced at once to
turn about and return by the way they came.
Actually it would have been inhuman, if not
impossible, to have forced them at that season of
the year to attempt the moimtains. General
Vallejo, always broad-minded in his policies, used
discretion in the matter and provided those in his
district with temporary permits to remain. He
required only a bond signed by other Americans
who had been longer in the country.

Alvarado and Vallejo at once notified the
Mexican Government of the arrival of these
strangers, and both expressed fear that other and
larger parties would follow. These fears were
very soon realized. Succeeding expeditions set-
tled in the State with the evident intention of
remaining. No serious effort was made by the
California authorities to keep them out. From
time to time, to be sure, formal objection was
raised and regulations were passed. However,
as a matter of plain practicability, it was mani-
festly impossible to prevent parties from starting
across the plains, or to inform the people living
in the Eastern States of the regulations adopted

THE AMERICAN OCCUPATION 19

by California. It must be remembered that
communication at that time was extraordinarily
slow and broken. It would have been cruel and
unwarranted to drive away those who had already
arrived. And even were such a course to be con-
templated, a garrison would have been necessary at
every moimtain pass on the East and North, and
at every crossing of the Colorado River, as well as
at every port along the coast. The government
in California had not men sufficient to handle
its own few antique guns in its few coastwise
forts, let alone a surplus for the purpose just
described. And to cap all, provided the garri-
sons had been available and could have been
placed, it would have been physically impossible
to have supplied them with provisions for even a
single month.

Truth to tell, the newcomers of this last class were
not personally objectionable to the Califomians.
The Spanish considered them no diflFerent from
those of their own blood. Had it not been for an
uneasiness lest the enterprise of the American
settlers should in time overcome Californian in-
terests, had it not been for repeated orders from
Mexico itself, and had it not been for reports that
ten thousand Mormons had receiilV^ V5S\.^^K&a^sssa

£0 THE FORTY-NINEES

for California, it is doubtful if much attention
would have been paid to the first immigrants.

Westward migration at this time was given an
added impetus by the Or^on question. The
status of Or^on had long been in doubt. Both
England and the United States were inclined to
claim priority of occupation. The boundary
between Canada and the United States had not
yet been decided upon between the two countries.
Though they had agreed upon the compromise of
joint occupation of the disputed land, this arrange-
ment did not meet with public approval. The
land-hungry took a particular interest in the
question and joined their voices with those of men
actuated by more patriotic motives. In public
meetings which were held throughout the country
this joint occupation convention was explained
and discussed, and its abrogation was demanded.
These meetings helped to form the patriotic
desire. Senator Tappan once said that thirty
thousand settlers with their thirty thousand
rifles in the valley of the Columbia would quickly
settle all questions of title to the country. This
saying was adopted as the slogan for a campaign
in the West. It had the same inspiring effect as
the later famous "54-40 or fight." People were

THE AMERICAN OCCUPATION 21

aroused as in the olden times they had been aroused
to the crusades. It became a form of mental
contagion to talk of, and finally to accomplish,
the journey to the Northwest. Though no accu-
rate records were kept, it is estimated that in
1843 over 800 people crossed to Willamette
Valley. By 1845 this immigration had increased
to fully 3000 within the year.

Because of these conditions the Oregon Trail
had become a national highway. Starting at
Independence, which is a suburb of the present
Kansas City, it set out over the rolling prairie.
At that time the wide "plains were bright with
wild flowers and teeming with game. Elk,
antelope, wild turkeys, buffalo, deer, and a great
variety of smaller creatures supplied sport and food
in plenty. Wood and water were in every ravine;
the abimdant grass was sufficient to maintain the
swarming hordes of wild animals and to give rich
pasture to horses and oxen. The journey across
these prairies, while long and hard, could rarely
have been tedious. Tremendous thunderstorms
succeeded the sultry heat of the West, an occa-
sional cyclone added excitement; the cattle were
apt to stampede senselessly; and, while the Indian
had not yet developed the hostility \3aaX. \saJwet

22 THE FORTY-NINERS

made a journey across the plains so dangerous,
nevertheless the possibilities of theft were always
near enough at hand to keep the traveler alert and
interested. Then there was the sandy country
of the Platte River with its buffalo — buffalo by
the hundreds of thousands, as far as the eye could
reach — a marvelous sight: and beyond that again
the Rockies, by way of Fort Laramie and South
Pass.

Beyond Fort Hall the Oregon Trail and the
trail for California divided. And at this point
there began the terrible part of the journey —
the arid, alkaline, thirsty desert, short of game,
horrible in its monotony, deadly with its thirst.
It is no wonder that, weakened by their sufferings
in this inferno, so many of the immigrants looked
upon the towering walls of the Sierras with a
sinking of the heart.

While at first most of the influx of settlers was by
way of Oregon, later the stories of the new coimtry
that made their way eastward induced travelers
to go direct to California itself. The immigra-
tion, both from Oregon in the North and by the
route over the Sierras, increased so rapidly that
in 1845 there were probably about 700 Ameri-
cans in the district. Those coming over the

THE AMERICAN OCCUPATION 2S

Sierras by the Carson Sink and Salt Lake trails
arrived first of all at the fort built by Captain
Sutter at the junction of the American and
Sacramento rivers.

Captain Sutter was a man of Swiss parentage
who had arrived in San Francisco in 1839 without
much capital and with only the assets of consider-
able ability and great driving force. From the
Governor he obtained grant of a large tract of
land "somewhere in the interior" for the purposes
of colonization. His colonists consisted of one
German, four other white men, and eight Kana-
kas. The then Governor, Alvarado, thought this
rather a small beginning, but advised him to
take out naturalization papers and to select a loca-
tion. Sutter set out on his somewhat vague quest
with a four-oared boat and two small schooners,
loaded with provisions, implements, ammimition,
and three small cannon. Besides his original party
he took an Indian boy and a dog, the latter prov-
ing by no means the least useful member of the
company. He found at the junction of the
American and Sacramento rivers the location that
appealed to him, and there he established himself#
His knack with the Indians soon enlisted their
services. He seems to have been. «Sc\^ \o Vk^v^'^'^'*

M THE FORTY-NINERS

agreements with them and at the same time 1
maintain rigid discipline and control.

Within an incredibly short time he had estab-
lished a feudal barony at his fort. He owned
eleven square leagues of land, four thousand two
hundred cattle, two thousand horses, and about as
many sheep. His trade in beaver skins was most
profitable. He maintained a force of trappers
who were always welcome at his fort, and whom he
generously kept without cost to themselves. He
taught the Indians blanket-weaving, hat-making,
and other trades, and he even organized them into
military companies. The fort which he built was
enclosed on tour sides and of imposing dimensions
and convenience. It mounted twelve pieces of
artillery, supported a regular garrison of forty in
uniform, and contained within its walls a black-
smith shop, a distillery, a flour mill, a cannery,
and space for other necessary industries. Outside
the walls of the fort Captain Sutter raised wheat,
oats, and barley in quantity, and even established
an excellent fruit and vegetable garden.

Indeed, in every way Captain Sutter's environ-
ment and the results of his enterprises were in signi-
ficant contrast to the inactivity and backwardness
of bis neighbors. He showed what an energetic

THE AMERICAN OCCUPATION 25

man could accomplish with exactly the same hu-
man powers and material tools as had always
been available to the Califomians. Sutter him-
self was a rather short, thick-set man, exquisitely
neat, of military bearing, carrying himself with
what is called the true old-fashioned courtesy.
He was a man of great generosity and of high spirit.
His defect was an excess of ambition which in
the end overleaped itself. There is no doubt that
his first expectation was to found an independent
state within the borders of California. His loyalty
to the Americans was, however, never questioned,
and the fact that his lands were gradually taken
from him, and that he died finally in comparative
poverty, is a striking comment on human injustice.
The important point for us at present is that
Sutter's Fort happened to be exactly on the line
of the overland immigration. For the trail-
weary traveler it was the first stopping-place
after crossing the high Sierras to the promised
land. Sutter's natural generosity of character in-
duced him always to treat these men with the
greatest kindness. He made his profits from such
as wished to get rid of their oxen and wagons in ex-
change for the commodities which he had to oflfer.
But there is no doubt that the vjotVJkj ^«:^\sJsss.

26 THE FORTY-NINERS

displayed the utmost liberality in dealing with
those whom poverty had overtaken. On several
occasions he sent out expeditions at his personal
cost to rescue parties caught in the mountains
by early snows or other misfortunes along the road.

•

Especially did he go to great expense in the matter
of the ill-fated Donner party, who, it will be re-
membered, spent the winter near Truckee, and
were reduced to cannibalism to avoid starvation.'
Now Sutter had, of course, been naturalized
in order to obtain his grant of land. He had also
been appointed an oflScial of the California-
Mexican Government. Taking advantage of this
fact, he was accustomed to issue permits or pass-
ports to the immigrants, permitting them to
remain in the country. This gave the immi-
grants a certain limited standing, but, as they
were not Mexican citizens, they were disqualified
from holding land. Nevertheless Sutter used his
good oflSces in showing desirable locations to the
would-be settlers.^

« See The Passing of the Frontier, in " The Chronicles of America."
^ It is to be remarked that, prior to the gold rush, American settle-
ments did not take place in the Spanish South but in the unoccupied
North. In 1845 Castro and Castillero made a tour through the Sacra*
mento Valley and the northern regions to inquire about the new ar-
rivals. Castro displayed no personal uneasiness at their presence and
made no attempt or threat to deport them.

THE AMERICAN OCCUPATION 27

As far as the Califomians were concerned,
there was little rivalry or interference between
the immigrants and the natives. Their interests
did not as yet conflict. Nevertheless the central
Mexican Government continued its commands to
prevent any and all immigration. It was rather
well justified by its experience in Texas, where
settlement had ended by final absorption. The
local Califomian authorities were thus thrust be-
tween the devil and the deep blue sea. They were
constrained Ay the very positive and repeated
orders from their home government to keep out
all immigration and to eject those already on the
ground. On the other hand, the means for doing
so were entirely lacking, and the present situation
did not seem to them alarming.

Thus matters drifted along until the Mexican
War. For a considerable time before actual hos-
tilities broke out, it was well known throughout
the country that they were imminent. Every
naval and military commander was perfectly
aware that, sooner or later, war was inevitable.
Many had received their instructions in case of
that eventuality, and most of the others had indi-
vidual plans to be put into execution at the earli-
est possible moment. Indeed, as eas^-^ ^s» ^SA^*

I
I

88 THE FORTY-NINERS

Commodore Jones, being misinformed of a state
of war, raced with what he supposed to be Eng-
lish war-vessels from South America, entered the
port of Monterey hastily, captured the fort, and
raised the American flag. The next day he dis-
covered that not only was there no state of war,
but that he had not even raced British ships!
The flag was thereupon hauled down, the Mexican
emblem substituted, appropriate apologies and
salutes were rendered, and the incident was con-
sidered closed. The easy-going Californians ac-
cepted the apology promptly and cherished no
rancor for the mistake.

In the meantime Thomas O. Larkin, a veiy
substantial citizen of long standing in the country,
had been appointed consul, and in addition re-
ceived a sum of six dollars a day to act as secret
agent. It was hoped that his great influence
would avail to inspire the Californians with a
desire for peaceful annexation to the United
States. In case that policy failed, he was to use
all means to separate them from Mexico, and so
isolate them from their natural alliances. He
was furthermore to persuade them that England,
France, and Russia had sinister designs on their
Kberty. It was hoped that his good offices would

THE AMERICAN OCCUPATION 29

slowly influence public opinion, and that, on the
declaration of open war with Mexico, the United
States flag could be hoisted in California not only
without opposition but with the consent and
approval of the inhabitants. This type of peace-
ful conquest had a very good chance of success.
Larkin possessed the confidence of the better
class of Califomians and he did his duty faithfully.
Just at this moment a picturesque, gallant,
ambitious, dashing, and rather imscrupulous
character appeared inopportunely on the horizon.
His name was John C. Fr6mont. He was the son
of a French father and a Virginia mother. He was
thirty-two years old, and was married to the daugh-
ter of Thomas H. Benton, United States Senator
from Missouri and a man of great influence in
the coimtry. Possessed of an adventurous spirit,
considerable initiative, and great persistence,
Fremont had already performed the feat of cross-
ing the Sierra* Nevadas by way of Carson River
and Johnson Pass, and had also explored the Col-
umbia River and various parts of the Northwest.
Fremont now entered California by way of Walker
Lake and the Truckee, and reached Sutter's
Fort in 1845. He then turned southward to meet
a division of his party under Josep\i'^«J^«t*

30 THE FORTY-NINERS

His expedition was friendly in character, with
the object of surveying a route westward to
the Pacific, and then northward to Or^on. It
supposedly possessed no military importance
whatever. But his turning south to meet Walker
instead of north, where ostensibly his duty called
him, immediately aroused the suspicions of the
Califomians. Though ordered to leave the dis-
trict, he refused compliance, and retired to a
place called Gavilan Peak, where he erected
fortifications and raised the United States flag.
Probably Fremont's intentions were perfectly
friendly and peaceful. He made, however, a
serious blunder in withdrawing within fortifica-
tions. After various threats by the Califomians
but no performance in the way of attack, he
withdrew and proceeded by slow marches to Sut-
ter's Fort and thence towards the north. Near
Klamath Lake he was overtaken by Lieutenant
Gillespie, who delivered to him certain letters and
papers. Fremont thereupon calmly turned south
with the pick of his men.

Li the meantime the Spanish sub-prefect, Guer-
rero, had sent word to Larkin that "a multitude
of foreigners, having come into California and
bought property, a right of naturaUzed foreigners

THE AMERICAN OCCUPATION 31

only, he was under necessity of notifying the
authorities in each town to inform such pur-
chasers that the transactions were invalid, and
that they themselves were subject to be expelled."
This action at once caused widespread conster-
nation among the settlers. They remembered
the deportation of Graham and his party some
years before, and were both alarmed and thor-
oughly convinced that defensive measures were
necessary. Fremont's return at precisely this
moment seemed to them very significant. He
was a United States army oflScer at the head of a
government expedition. When on his way to
the North he had been overtaken by Gillespie, an
oflScer of the United States Navy. Gillespie had
dehvered to him certain papers, whereupon he
had immediately returned. There seemed no
other interpretation of these facts than that the
Government at Washington was prepared to up-
hold by force the American settlers in California.

This reasoning, logical as it seems, proves mis-
taken in the perspective of the years. Gillespie, it
is true, delivered some letters to Fremont, but it is
extremely imlikely they contained instructions
having to do with interference in Calif ornian affairs.
Gillespie, at the same time that k^ Vstwy^cX, S^ase^^^

82 THE FORTY-NINERS

dispatches to Fremont, brought also instructions to
Larkin creating the confidential agency above de-
scribed, and these instructions specifically forbade
interference with Califomian affairs. It is un-
reasonable to suppose that contradictory dis-
patches were sent to one or another of these two
men. Many years later Fremont admitted that the
dispatch to Larkin was what had been commimi-
cated to him by Gillespie. His words are: "This
officer [Gillespie] informed me also that he was
directed by the Secretary of State to acquaint
me with his instructions to the consular agent,
Mr. Larkin." Reading Fremont's character,
understanding his ambitions, interpreting his
later lawless actions that resulted in his court-
martial, realizing the recklessness of his spirit,
and his instinct to take chances, one comes to the
conclusion that it is more than likely that his
move was a gamble on probabilities rather than a
residt of direct orders.

Be this as it may, the mere fact of Fremont's
turning south decided the alarmed settlers, and
led to the so-called "Bear Flag Revolution." A
number of settlers decided that it woidd be expedi-
ent to capture Sonoma, where under Vallejo were
nine cannon and some two hundred musketa.

THE AMERICAN OCCUPATION 83

It was, in fact, a sort of military station. The
capture proved to be a very simple matter.
Thirty-two or thirty-three men appeared at dawn
before Vallejo's house, imder Merritt and Semple.
They entered the house suddenly, called upon
Jacob Leese, Vallejo's son-in-law, to interpret,
and demanded immediate surrender. Richman
says "Leese was surprised at the * rough looks' of
the Americans. Semple he describes as *six feet
six inches tall, and about fifteen inches in diameter,
dressed in greasy buckskin from neck to foot,
and with a fox-skin cap.'" The prisoners were
at once sent by these raiders to Fremont, who was
at that time on the American River. He im-
mediately disclaimed any part in the affair. How-
ever, instead of remaining entirely aloof, he gave
further orders that Leese, who was still in attend-
ance as interpreter, should be arrested, and also
that the prisoners should be confined in Sutter's
Fort. He thus definitely and oflScially entered
the movement. Soon thereafter Fremont started
south through Sonoma, collecting men as he went.
The following quotation from a contemporary
writer is interesting and iUuminating. "A vast
doud of dust appeared at first, and thence in
long files emerged this wildest oi 'w^'^l ^^a;:^^^'

S4 THE FORTY-NINERS

Fremont rode ahead, a spare active looking man,
with such an eye! He was dressed in a blouse
and leggings, and wore a felt hat. After him
came five Delaware Indians who were his body-
guard. They had charge of two baggage-horses.
The rest, many of them blacker than Indians,
rode two and two, the rifle held by one hand
across the pummel of the saddle. The dress of
these men was principally a long loose coat
of deerskin tied with thongs in front, trousers of
the same. The saddles were of various fashions,
though these and a large drove of horses and a
brass field gun were things they had picked up in
California."

Meantime, the Americans who had collected in
Sonoma, under the lead of William B. Ide, raised
the flag of revolution — "a standard of somewhat
uncertain origin as regards the cotton doth
whereof it was made," writes Royce. On this,
they painted with berry juice " something that they
called a Bear." By this capture of Sonoma, and
its subsequent endorsement by Fremont, Larkin's
instructions — that is, to seciu-e California by quiet
diplomatic means — were absolutely nullified. A
second result was that Englishmen in California
were much encouraged to hope for English inters

THE AMERICAN OCCUPATION 35

vention and protection. The VaJlejo circle had
always been strongly favorable to the United
States. The effect of this raid and capture by
United States citizens, with a United States officer
endorsing the action, may well be guessed.

Inquiries and protests were lodged by the Cali-
fornia authorities with Sloat and Lieutenant
Montgomery of the United States naval forces.
Just what effect these protests would have had,
and just the temperature of the hot water in
which the dashing Fremont would have found
himself, is a matter of surmise. He had gambled
strongly — on his own responsibility or at least
at the imofficial suggestion of Benton — on an
early declaration of war with Mexico. Failing
such a declaration, he would be in a precarious
diplomatic position, and must by mere force
of automatic discipline have been heavily pim-
ished. However the dice fell for him. War
with Mexico was almost immediately an actual
fact. Fremont's injection into the revolution had
been timed at the happiest possible moment for
him.

The Bear Flag Revolution took place on June
14, 1846. On July 7 the American flag was hoisted
over the post at Monterey by CoTMcoG^o-t^ ^^^^j^--

86 THE FORTY-NINERS

Though he had knowledge from June 5 of a state
of war, this knowledge, apparently, he had shared
neither with his officers nor with the public, and
he exhibited a want of initiative and vigor which
is in striking contrast to Fremont's ambition and
overzeal.

Shortly after this incident Commodore Sloat
was allowed to return "by reason of ill health,*'
as has been heretofore published in most histories.
His imdoubted recall gave room to G>mmodore
Robert Stockton, to whom Sloat not only turned
over the command of the naval forces, but whom he
also directed to "assume command of the forces
and operations on shore."

Stockton at once invited Fremont to enlist
under his command, and the invitation was ac-
cepted. The entire forces moved south by sea
and land for the purpose of subduing southern
(^i^lifomia. This end was temporarily accom-
plished with almost ridiculous ease. At this dis-
tance of time, allowing all obvious explanations of
lack of training, meager equipment, and internal
dissension, we find it a little difficult to understand
why the Califomians did not make a better stand.
Most of the so-called battles were a sort of
opera bouffe. Califomians entrenched with cannon

THE AMERICAN OCCUPATION 37

were driven contemptuously forth, without casual-
ties, by a very few men. For example, a lieu-
tenant and nine men were sufficient to hold Santa
Barbara in subjection. Indeed, the conquest was
too easy, for, lulled into false security, Stock-
ton departed, leaving as he supposed sufficient
men to hold the coimtry. The Califomians man-
aged to get some coherence into their councils,
attacked the Americans, and drove them forth
from their garrisons.

Stockton and Fremont immediately started
south. In the meantime an overland party imder
General Kearny had been dispatched from the East.
His instructions were rather broad. He was to
take in such small sections of the coimtry as New
Mexico and Arizona, leaving sufficient garrisons
on his way to California. As a result, though his
command at first numbered 1657 men, he arrived
in the latter state with only about 100. From
Warner's Ranch in the mountains he sent word
to Stockton that he had arrived. Gillespie,
whom the Commodore at once dispatched with
thirty-nine men to meet and conduct him to San
Diego, joined Kearny near San Luis Rey Mission.

A force of Califomians, however, under com-
mand of one Andres Pico liad V^^feXL Vcsvi^sras.^

38 THE FORTY-NINERS

about the hills watching the Americans. It was
decided to attack this force. Twenty men were
detailed under Captain Johnston for the purpose.
At dawn on the morning of the 6th of Decem-
ber the Americans charged upon the Califomian
camp. The Californians promptly decamped
after having delivered a volley which resulted
in killing Johnston. The Americans at once
piu'sued them hotly, became much scattered, and
were turned upon by the fleeing enemy. The
Americans were pooriy moimted after their
journey, their weapons were now empty, and
they were unable to give mutual aid. The
Spanish were armed with lances, pistols, and
the deadly riata. Before the rearguard could
come up, sixteen of the total American force were
killed and nineteen badly wounded. This battle
of San Pascual, as it was called, is interesting as
being the only engagement in which the Cali-
fornians got the upper hand. Whether their
Parthian tactics were the result of a preconceived
policy or were merely an expedient of the moment,
it is impossible to say. The battle is also notable
because the well-known scout, Kit Carson, took
part in it.

The forces of Stockton and Kearny joined a

THE AMERICAN OCCUPATION 39

few days later, and very soon a conflict of author-
ity arose between the leaders. It was a childish
affair throughout, and probably at bottom arose
from Fremont's usual over-ambitious designs. To
Kearny had undoubtedly been given, by the
properly constituted authorities, the command
of all the land operations. Stockton, however,
claimed to hold supreme land conamand by in-
structions from Commodore Sloat already quoted.
Through the internal evidence of Stockton's
letters and proclamations, it seems he was a trifle
inclined to be bombastic and high-flown, to usurp
authority, and perhaps to consider himself and his
operations of more importance than they actually
were. However, he was an oflScer disciplined
and trained to obedience, and his absurd conten-
tion is not in character. It may be significant
that he had promised to appoint Fremont Gover-
nor of California, a promise that natiu'ally could
not be fulfilled if Kearny's authority were fully
recognized.

Furthermore, at this moment Fremont was at
the zenith of his career, and his influence in such
matters was considerable. As Hittell says, "At
this time and for some time afterwards, Fremont
was represented as a sort oi ^oxxxv^ X^ssvjl- ^X^^^

I 40 THE FORTY-NINERS

several trips he had made across the continenl,
and the several able and interesting reports he
had published over his name attracted great

■ public attention. He was hardly ever mentioned

■ except m a high-flown hyperbolical phrase. Ben-
ton was one of the most influential men of his day,
and it soon became well understood that the
surest way of reaching the father-in-law's favor
was by furthering the son-in-law's prospects;
everybody that wished to court Benton praised
Fremont. Besides this political influence Benton
exerted in Fremont's behalf, there was an almost
equally strong social influence." It might be added
that the nature of his public service had been
such as to throw him on his own responsibility,
and that he had always gambled with fortune,
as in the Bear Flag Revolution already mentioned.
His star had ever been in the ascendant. He was a
spoiled child of fortune at this time, and bitterly
and haughtily resented any check to his ambition.
The mixture of his blood gave him that fine sense
of the dramatic which so easily descends to posing.
His actual accomplishment was without doubt
great; but his own appreciation of that accomplish-
ment was also undoubtedly great. He was one of
those interesting characters whose activities are so

THE AMERICAN OCCUPATION 41

near the line between great deeds and charlatanism
that it is sometimes difficult to segregate the pose
from the performance.

The end of this row for precedence did not
come imtil after the so-called battles at the San
Gabriel River and on the Mesa on January 8 and
9, 1847. The first of these conflicts is so typical
that it is worth a paragraph of description.

The Califomians were posted on the opposite
bank of the river. They had about five hundred
men, and two pieces of artillery well placed.
The bank was elevated some forty feet above the
stream and possibly four or six himdred back from
the water. The American forces, all told, con-
sisted of about five hundred men, but most of
them were dismounted. The tactics were ex-
ceedingly simple. The Americans merely forded
the river, dragged their guns across, put them in
position, and calmly commenced a vigorous
bombardment. After about an hour and a half
of circling about and futile half -attacks, the Cali-
fomians withdrew. The total American loss in
this and the succeeding "battle,** called that of
the Mesa, was three killed and twelve wounded.

After this latter battle, the Califomians broke
completely and hurtled toward \ii^ ^qt^Ocl* ^^

42 THE FORTY-NINERS

yond Los Angeles, near San Fernando, they ran
head-on into Fremont and his California battalion
marching overland from the North. Fremont
had just learned of Stockton's defeat of the
Califomians and, as usual, he seized the happy
chance the gods had offered him. He made
haste to assiu'e the Califomians through a messen-
ger that they woidd do well to negotiate with him
rather than with Stockton. To these suggestions
the Califomians yielded. Commissioners ap-
pointed by both sides then met at Cahuenga on
January 13, and elaborated a treaty by which the
Califomians agreed to surrender their arms and not
to serve again during the war, whereupon the vic-
tors allowed them to leave the coimtry. Fremont
at once proceeded to Los Angeles, where he reported
to Kearny and Stockton what had happened.

In accordance with his foolish determination,
Stockton still refused to acknowledge Kearny's
direct authority. He appointed Fremont Gover-
nor of California, which was one mistake; and
Fremont accepted, which was another. Un-
doubtedly the latter thought that his pretensions
would be supported by personal influence in
Washington. From former experience he had
every reason to believe so. In this case, however.

THE AMERICAN OCCUPATION 43

he reckoned beyond the resources of even his
powerfid father-in-law. Keamy, who seems to
have been a direct old war-dog, resolved at once
to test his authority. He ordered Fremont to
muster the California battalion into the regular
service, under his (Kearny's) command; or, if
the men did not wish to do this, to discharge them.
This order did not in the least please Fremont.
He attempted to open negotiations, but Keamy
was in no manner disposed to talk. He said
curtly that he had given his orders, and merely
wished to know whether or not they would be
obeyed. To this, and from one army oflScer to
another, there could be but one answer, and that
was in the affirmative.

Colonel Mason opportimely arrived from Wash-
ington with instructions to Fremont either to
join his regiment or to resume the explorations
on which he had originally been sent to this
coimtry. Fremont was still pretending to be
Governor, but with nothing to govern. His game
was losing at Washington. He could not know
this, however, and for some time continued to
persist in his absurd claims to governorship.
Finally he begged permission of Keamy to form
an expedition against Mexico. B\it \^. ^^a^ ^^^JQasst

t44

THE POETY-NBIERS

late in the day for the spoiled child to ask for
favors, and the permission was refused. Upon
his return to Washington under further orders,
Fremont was court-martialed, and was found
guilty of mutiny, disobedience, and misconduct.
He was ordered dismissed from the service, but
was pardoned by President Polk in view of his past
services. He refused this pardon and resigned.

Fremont was a picturesque figure with a great
deal of persona] magnetism and dash. The halo of
romance has been fitted to his head. There is no
doubt that he was a good wilderness traveler, a
keen lover of adventure, and a likable personaUty.
He was, however, over-ambitious; he advertised
himself altogether too well; and he presumed on
the imdoubtedly great personal influence he
sd. He has been nicknamed the Path-
finder, but a better title would be the Pathfol-
lower. He found no paths that had not already
been traversed by men before him. Unless the
silly sentiment that persistently glorifies such
despicable characters as the English Stuarts
continues to surround this interesting character
with fallacious romance, Fremont will undoubtedly
take his place in history below men now more
obscure but more solid than he was. His services

THE AMERICAN OCCUPATION 45

and his ability were both great. If he, his friends,
and historians had been content to rest his fame
on actualities, his position would be high and
honorable. The presumption of so much more
than the man actually did or was has the unfortu-
nate effect of minimizing his real accomplishment.

CHAPTER m

LAW — MILITARY AND CIV IL

The military conquest of California was now an
accomplished fact. As long as hostilities should
continue in M exico, California must remain imder a
military government, and such control was at once
inaugurated. The questions to be dealt with, as
may well be imagined, were delicate in the extreme.
In general the military Governors handled such
questions with tact and eflSciency. This ability
was especially true in the case of Colonel Mason,
who succeeded General Kearny. The under-
standing displayed by this man in holding back
the over-eager Americans on one side, and in
mollifying the sensitive Califomians on the other,
is worthy of all admiration.

The Mexican laws were, in lack of any others,
supposed to be enforced. Under this system all
trials, except of course those having to do with
military affairs, took place before officials called

LAW — MILITARY AND CIVIL 47

alcaldes, who acknowledged no higher authority
than the Governor himself, and enforced the
laws as autocrats. The new military Governors
took over the old system bodily and appointed
new alcaldes where it seemed necessary. The
new alcaldes neither knew nor cared anything
about the old Mexican law and its provisions.
This disregard cannot be wondered at, for even a
cursory examination of the legal forms convinces
one that they were meant more for the enormous
leisure of the old times than for the necessities
of the new. In the place of Mexican law each
alcalde attempted to substitute his own sense of
justice and what recollection of common-law
principles he might be able to summon. These
common-law principles were not technical in the
modem sense of the word, nor were there any
printed or written statutes containing them. In
this case they were simply what could be recalled
by non-technical men of the way in which business
had been conducted and disputes had been arranged
back in their old homes. But their main reliance
was on their individual sense of justice. As
Hittell points out, even well-read lawyers who
happened to be made alcaldes soon came to pay
little attention to technicalities apd to %^^ "Cssr.

i48

THE FORTY-NINERS

merit of cases without regard to rules or forms. -
All the administration of the law was in the hands
of these alcaldes. Mason, who once made the ex-
periment of appointing a special court at Sutter's
Fort to try a man known as Growling Smith for
the murder of Indians, afterwards declared that he
would not do it again except in the most extra-
ordinary emergency, as the precedent was bad.
As may well be imagined, this uniquely in-
dividualistic view of the law made interesting
legal history. Many of the incumbents were of
the rough diamond type. Stories innumerable
are related of them. They had little regard for
the external dignity of the court, but they strongly
insisted on its discipline. Many of them sat with
their feet on the desk, chewing tobacco, and
whittling a stick. During a trial one of the
counsel referred to his opponent as an "oscillating
Tarquin." The judge roared out "A what?"
. "An oscillating Tarquin, your honor."
■ The judge's chair came down with a thump.
F "If this honorable court knows herself, and she
thinks she do, that remark is an insult to this
honorable court, and you are fined two ounces."
Expostulation was cut short.
*' Silence, sir ! This honorable court won't

LAW— MILITARY AND CIVIL 49

tolerate cussings and she never goes back on her
decisions!"

And she didn't!

Nevertheless a sort of rough justice was gen-
erally accomplished. These men felt a respon-
sibility. In addition they possessed a grim
commonsense earned by actual experience.

There is an instance of a priest from Santa
Clara, sued before the alcalde of San Jose for a
breach of contract. His plea was that as a
churchman he was not amenable to civil law.
The American decided that, while he could not
tell what peculiar privileges a clergyman enjoyed
as a priest, it was quite evident that when he
departed from his religious calling and entered
into a secular bargain with a citizen he placed
himself on the same footing as the citizen, and
should be required like anybody else to comply
with his agreement. This principle, which was
good sense, has since become good law.

The alcalde refused to be bound by trivial
concerns. A Mexican was accused of stealing;
a pair of leggings. He was convicted and fined
three ounces for stealing, while the prosecuting
witness was also fined one ounce for bothering
the court with such a complaint. Ckv laxwa'Ciss^

50 THE FORTY-NINERS

occasion the defendant, on being fined, was found
to be totally insolvent. The alcalde thereupon
ordered the plaintiflE to pay the fine and costs
for the reason that the court could not be expected
to sit without remuneration. Though this naive
system worked out well enough in the new and
primitive community, nevertheless thinking men
realized that it could be for a short time only.

As long as the war with Mexico continued,
naturally California was under military Governors,
but on the declaration of peace military govern-
ment automatically ceased. Unfortunately, ow-
ing to strong controversies as to slavery or
non-slavery. Congress passed no law organizing
California as a territory; and the status of the
newly-acquired possession was far from clear.
The people held that, in the absence of congres-
sional action, they had the right to provide for
their own government. On the other hand.
General Riley contended that the laws of Cali-
fornia obtained until supplanted by act of Con-
gress. He was under instructions as Governor to
enforce this view, which was, indeed, sustained
by judicial precedents. But for precedents the
inhabitants cared little. They resolved to call
a constitutional convention. After considerable

LAW— MILITARY AND CIVIL 51

negotiation and thought, Governor Riley resolved
to accede to the wishes of the people. An election
of delegates was called and the constitutional
convention met at Monterey, September 1, 1849.

Parenthetically it is to be noticed that this
event took place a considerable time after the
first discovery of gold. It can in no sense be
considered as a sequel to that fact. The numbers
from the gold rush came in later. The con-
stitutional convention was composed mainly of
men who had previous interests in the country.
They were representative of the time and place.
The oldest delegate was fifty-three years and the
youngest twenty-five years old. Fourteen were
lawyers, fourteen were farmers, nine wfere mer-
chants, five were soldiers, two were printers, one
was a doctor, and one described himself as "a
gentleman of elegant leisure."

The deliberations of this body are very interest-
ing reading. Such a subject is usually dry in the
extreme; but here we have men assembled from
all over the world trying to piece together a form
of government from the experiences of the diflFerent
communities from which they originally came.
Many Spanish Calif ornians were represented on
the floor. The diflEerent points hi:o\\!^ci!!c \x^ 'sjs^^

THE FORTY-NINERS

discussed, in addition to those finally incorporated
in the constitution, are both a valuable measure
of the degree of intelligence at that time, and an
indication of what men considered important in
the problems of the day. The constitution
itself was one of the best of the thirty-one state
constitutions that then existed. Though almost
every provision in it was copied from some other
instrument, the choice was good. A provision
prohibiting slavery was carried by a unanimous
vote. When the convention adjourned, the new .
commonwealth was equipped with all the neces-^-J
sary machinery for regular government.'
J It is customary to say that the discovery of
gold made the State of California. As a matter
of fact, it introduced into the history of California
a new solvent, but it was in no sense a determining
factor in either the acquisition or the assuring
of the American hold. It must not be forgotten
that a rising tide of American immigration had
already set in. By 1845 the white population had
increased to about eight thousand. At the close
of hostilities it was estimated that the white

' The constitution was ratified by popular vote, November 13,
1849; and the machinery of slate government was at once set in
motion, though the State was not ftdmittetj into the Union until
September 9, 18^0,

LAW — MILITARY AND CIVIL 53

population had increased to somewhere between
twelve and fifteen thousand. Moreover this
immigration, though established and constantly
growing, was by no means topheavy. There was
plenty of room in the north for the Americans,
and they were settling there peaceably. Those
who went south generally bought their land in
due form. They and the Califomians were get-
ting on much better than is usual with conquering
and conquered peoples.

But the discovery of gold upset all this orderly
development. It wiped out the usual evolution.
It not only swept aside at once the antiquated
Mexican laws, but it submerged for the time being
the first stirrings of the commonwealth toward
due convention and legislation after the American
pattern. It produced an interim wherein the
only law was that evolved from men's consciences
and the Anglo-Saxon instinct for order. It
brought to shores remote from their native lands
a cosmopolitan crew whose only thought was
a fixed determination to undertake no new re-
sponsibilities. Each man was living for himself.
He intended to get his own and to protect his own,
and he cared very little for the difficulties of his
neighbors. In other words, the diseoN^x^ ^ ^^^

54 THE FORTY-NINERS

oflFered California as the blank of a mint to receive
the impress of a brand new civilization. And
furthermore it gave to these men and, through
them, to the world an impressive lesson that social
responsibility can be evaded for a time» to be sure,
but only for a time; and that at the last it must be
taken up and the arrears must be paid.

CHAPTER IV

GOLD

The discovery of gold — made, as everyone knows,
by James Marshall, a foreman of Sutter's, engaged
in building a sawmill for the Captain — came at a
psychological time.^ The Mexican War was just
over and the adventurous spirits, unwilling to
settle down, were looking for new excitement.
Furthermore, the hard times of the Forties had
blanketed the East with mortgages. Many sober
communities were ready, deliberately and without
excitement, to send their young men westward
in the hope of finding a way out of their financial
difficulties. The Oregon question, as has been
already indicated, had aroused patriotism to
such an extent that westward migration had
become a sort of mental contagion.

It took some time for the first discoveries to
feak out, and to be believed after they had gained

' January 24, 1848, is the date usually given.

56 THE FORTY-NINERS

currency. Even in California itself interest was
rather tepid at first. Gold had been found in
small quantities many years before, and only the
actual sight of the metal in considerable weight
could rouse men's imaginations to the blazing point.

Among the most enthusiastic protagonists was
one Sam Brannan, who often appeared after-
wards in the pages of Califomian history. Bran-
nan was a Mormon who had set out from New
York with two hundred and fifty Mormons to
try out the land of California as a possible refuge
for the persecuted sect. That the westward
migration of Mormons stopped at Salt Lake may
well be due to the fact that on entering San
Francisco Bay, Brannan found himself just too
late. The American flag was already floating
over the Presidio. Eye-witnesses say that Bran-
nan dashed his hat to the deck, exclaiming, "There
is that damned rag again.'* However, he proved
an adaptable creature, for he and his Mormons
landed nevertheless, and took up the industries
of the country.

Brannan collected the usual tithes from these
men, with the ostensible purpose of sending them
on to the Church at Salt Lake. This, however,
he consistently failed to do. One of the Mormons,

GOLD 57

on asking Sutter how long they should be expected
to pay these tithes, received the answer, "As
long as you are fools enough to do so." But they
did not remain fools very much longer, and Bran-
nan found himself deprived of this source of
revenue. On being dumied by Brigham Young
for the tithes already collected, Brannan blandly
resigned from the Church, still retaining the assets.
With this auspicious beginning, aided by a burly,
engaging personality, a coarse, direct manner that
appealed to men, and an instinct for the lime-
light, he went far. Though there were a great
many admirable traits in his character, people
were forced to like him in spite of rather than
because of them. His enthusiasm for any public
agitation was always on tap-
In the present instance he rode down from
Sutter's Fort, where he then had a store, bringing
with him gold-dust and nuggets from the new
placers. "Gold! Gold! Gold from the American
River!" shouted Brannan, as he strode down the
street, swinging his hat in one hand and holding
aloft the bottle of gold-dust in the other. This he
displayed to the crowd that immediately gathered.
With such a start, this new interest brought about
stampede that nearly depopulated tha t\^:^ .

58 THE FORTY-NINERS

The fever spread. People scrambled to the
mines from all parts of the State. Practically
every able-bodied man in the community, except
the Spanish Califomians, who as usual did not
join this new enterprise with any unanimity,
took at least a try at the diggings. Not only did
they desert almost every sort of industry, but
soldiers left the ranks and sailors the ships, so that
often a ship was left in sole charge of its captain.
All of American and foreign California moved to

the foothills.

Then ensued the brief period so aflFectionately
described in all literalness as the Arcadian Age.
Men drank and gambled and enjoyed themselves
in the rough manner of mining camps; but they
were hardly ever drunken and in no instance
dishonest. In all literalness the miners kept
their gold-dust in tin cans and similar recep-
tacles, on shelves, unguarded in tents or open
cabins. Even quarrels and disorder were practi-
cally unknown. The communities were indivi-
dualistic in the extreme, and yet, with the
Anglo-Saxon love of order, they adopted rules and
regulations and simple forms of government that
proved entirely adequate to their needs. When
the "good old days" are mentioned with the

GOLD 59

lingering regret associated with that phrase, the
reference is to this brief period that came between
the actual discovery and appreciation of gold and
the influx from abroad that came in the following
years.

This condition was principally due to the class
of men concerned. The earliest miners were a very
different lot from the majority of those who arrived
in the next few years. They were mostly the origi-
nal population, who had come out either as pioneers
or in the government service. They included
the discharged soldiers of Stevenson's regiment of
New York Volunteers, who had been detailed
for the war but who had arrived a little late, the
so-called Mormon Battalion, Sam Brannan's im-
migrants, and those who had come as settlers
since 1842. They were a rough lot with both the
virtues and the defects of the pioneer. Neverthe-
less among their most marked characteristics were
their honesty and their kindness. Hittell gives
an incident that illustrates the latter trait very
well. "It was a little camp, the name of which
is not given and perhaps is not important. The
day was a hot one when a youth of sixteen
came limping along, footsore, weary, hungry, and
penniless. There were at least thirty \^<5fosi^

60 THE FORTY-NINERS

miners at work in the ravine and it may well b^
believed they were cheerful, probably now and
then joining in a chorus or laughing at a joke.
The lad as he saw and heard them sat down upon
the bank, his face telling the sad story of his
misfortunes. Though he said nothing he was not
unobserved. At length one of the miners, a
stalwart fellow, pointing up to the poor fellow on
the bank, exclaimed to his companions, 'Boys,
I'll work an hour for that chap if you will.' All
answered in the affirmative and picks and shovels
were plied with even more activity than before.
At the end of an hour a hundred dollars' worth of
gold-dust was poured into his handkerchief. As
this was done the miners who had crowded around
the grateful boy made out a list of tools and said to
him: 'You go now and buy these tools and come
back. We'll have a good claim staked out for
you; then you've got to paddle for yourself.'"

Another reason for this distinguished honesty
was the extent and incredible richness of the dig-
gings, combined with the firm belief that this rich-
ness would last forever and possibly increase.
The first gold was often found actually at the
roots of bushes, or could be picked out from the
veins in the rocks by the aid of an ordinary

GOLD 61

hunting-knife. Such pockets were, to be sure,
by no means numerous; but the miners did not
know that. To them it seemed extremelj^ possible
that gold in such quantities was to be foimd
almost anywhere for the mere seeking. Authenti-
cated instances are known of men getting ten,
fifteen, twenty, and thirty thousand dollars within
a week or ten days, without particidarly hard
work. Gold was so abundant it was much easier
to dig it than to steal it, considering the risks
attendant on the latter course. A story is told
of a miner, while paying for something, dropping a
small lump of gold worth perhaps two or three
dollars. A bystander picked it up and oflEered
it to him. The miner, without taking it, looked
at the man with amazement, exclaiming: "Well,
stranger, you are a curiosity. I guess you haven't
been in the diggings long. You had better keep
that lump for a sample."

These were the days of the red-shirted miner, of
romance, of Arcadian simplicity, of clean, honest
working imder blue skies and beneath the warm
California sun, of immense fortunes made quickly,
of faithful "pardners," and all the rest. This life
was so complete in all its elements that, as we look
back upon it, we unconsciously g>N^ \J^ ^Vsv^s?^

«S THE POBTY-NINEBS

period than it actuaUy occupied. It seems to be an
epoch, as indeed it was; but it was an epoch of less
than a single year, and it ended when the immi-
gration from the world at large b^an.

The first news of the gold discovery filtered to
the east in a roundabout fashion through vessels
from the Sandwich Islands. A Baltimore paper
published a short item. Everybody laughed at
the rumor, for people were ah-eady beginning to
discoimt California stories. But they remembered
it. Romance, as ever, increases with the square
of the distance; and this was a remote land. But
soon there came an official letter written by Gover-
nor Mason to the War Department wherein he said
that in his opinion, ^^ There is more gold in the
country drained by the Sacramento and San Joa-
quin rivers than would pay the cost of the late
war with Mexico a himdred times over." The
public immediately was alert. And then, strangely
enough, to give direction to the restless spirit
seething beneath the surface of society, came a
silly popular song. As has happened many times
before and since, a great movement was set to
the lilt of a commonplace melody. Minstrels
started it; the public caught it up. Soon in every
quarter of the world were heard the strains of

GOLD 6S

Ohy Susannahl or rather the modification of it made
to fit this ease:

''I'll scrape the mountains clean, old girl,
I'll drain the rivers dry.

I'm oflE for California, Susannah, don't you cry.
Oh, Susannah, don't you cry for me,
I'm oflE to California with my wash bowl on my
knee !"

The public mind already prepared for excitement
by the stirring events of the past few years, but
now falling into the doldrums of both monoto-
nous and hard times, responded eagerly. Every
man with a drop of red blood in his veins wanted
to go to California. But the journey was a long
one, and it cost a great deal of money, and
there were such things as ties of family or business
impossible to shake oflE. However, those who saw
no immediate prospect of going often joined the
curious clubs formed for the purpose of getting
at least one or more of their members to the El
Dorado. These clubs met once in so often, talked
over details, worked upon each other's excitement,
even occasionally and oflScially sent some one of
their members to the point of running amuck.
Then he usually broke oflE all responsibilities and
rushed headlong to the gold coast.

;4 THE FORTY-NINERS

The most absurd ideas obtained currency. Stor- '
■ies did not lose in travel. A work entitled Three
F Weeks in the Gold Mines, written by a menda-
cious individual who signed himself H. I. Simp-
son, had a wide vogue. It is doubtful if the author
bad ever been ten miles from New York; but he
wrote a marvelous and at the time convincing tale.
According to his account, Simpson had only three
weeks for a tour of the gold-fields, and considered
ten days of the period was all he could spare the
imimportant job of picking up gold. In the ten
days, however, with no other implements than
a pocket-knife, he accumulated fifty thousand
dollars. The rest of the time he really preferred
to travel about viewing the country! He con-
descended, however, to pick up Incidental nuggets
that happened to lie under hb very footstep. Said
one man to his friend: "I believe I'll go. I know
most of this talk is wildly exaggerated, but I am
sensible enough to discount all that sort of thing
and to disbelieve absurd stories. I shan't go with
.the shghtest notion of finding the thing true, but
will be satisfied if I do reasonably well. In fact,
if I don't pick up more than a hatful of gold a day
I shall be perfectly satisfied."

Men's minds were full of strange positive

^■cau

GOLD 65

knowledge, not only as to the extent of the gold-
mines, but also as to theory and practice of the
actual mining. Contemporary writers tell us of the
hundreds and hundreds of different strange ma-
chines invented tor washing out the gold and actu-
ally carried around the Horn or over the Isthmus of
Panama to San Francisco. They were of all types,
from little pocket-sized affairs up to huge arrange-
ments with windmill arms and wings. Their des-
tination was inevitably the beach below the San
tlVancisco settlement, where, half buried in the
sand, torn by the trade winds, and looted for
whatever of value might inhere in the metal parts,
they rusted and disintegrated, a pathetic and
grisly reminder of the futile greed of men.

Nor was this excitement' confined to the eastern
United States. In France itself lotteries were
held, called, I believe, the Lotteries of the Golden
Ingot. The holders of the winning tickets were
given a trip to the gold-fields, A considerable
number of French came over in that manner, so
that life in California was then, as now, consider-
ably leavened by Gallicism. Their ignorance of
English together with their national clannishness
caused them to stick together in communities.

ley soon became known as Keskydeea. 'S^tj

66 THE FORTY-NINERS

few people knew why. It was merely the frontiers-
men's understanding of the invariable French
phrase ^'Qu^esUce quHl dit?" In Great Britain,
Norway, to a certain extent in Germany, South
America, and even distant Australia, the adven-
turous and impecimious were pricking up their
ears and laying their plans.

There were oflFered three distinct channels for
this immigration. The first of these wa^ by sailing
around Cape Horn. This was a slow but fairly
comfortable and reasonably safe route. It was
never subject to the extreme overcrowding of the
Isthmus route, and it may be dismissed in this
paragraph. The second was by the overland
route, of which there were several trails. The
third was by the Isthmus of Panama. Each of
these two is worth a chapter, and we shall take up
the overland migration first.

CHAPTER V

ACROSS THE PLAINS

The overland migration attracted the more hardy
and experienced pioneers, and also those whose
assets lay in cattle and farm equipment rather
than in money. The majority came from the
more western parts of the then United States, and
therefore comprised men who had already some
experience in pioneering. As far as the Mississippi
or even Kansas these parties generally traveled
separately or in small groups from a single locality.
Before starting over the great plains, however, it
became necessary to combine into larger bands
for mutual aid and protection. Such recognized
meeting-points were therefore generally in a state
of congestion. Thousands of people with their
equipment and animals were crowded together in
some river-bottom awaiting the propitious mo-
ment for setting forth.

The journey ordinarily required about fc^^i

THE FORTY-NINERS

months, provided nothing untoward happened
in the way of delay, A start in the spring there-
fore allowed the traveler to surmount the Sierra
Nevada mountains before the first heavy snow-
falls. One of the inevitable anxieties was whether
or not this crossing could be safely accomplished.
At first the migration was thoroughly orderly and
successful. As the stories from California became
more glowing, and as the fever for gold mounted
higher, the pace accelerated.

A book by a man named Harlan, written in
the County Farm to which his old age had brought
him, gives a most interesting picture of the times.
His party consisted of fourteen persons, one of
whom, Harlan's grandmother, was then ninety
years old and blind! There were also two very
small children. At Indian Creek in Kansas they
caught up with the main body of immigrants and
soon made up their train. He says: "We pro-
ceeded very happily until we reached the South
Platte. Every night we young folks had a dance
on the green prairie," Game abounded, the
party was in good spirits and underwent no
especial hardships, and the Indian troubles fur-
nished only sufficient excitement to keep the
men interested and alert. After leaving Salt

ACROSS THE PLAINS 69

"Lake, however, the passage across the desert
suddenly loomed up as a terrifying thing. "We
started on our passage over this desert in the
early morning, trailed all next day and all night,
and on the morning of the third day our guide
told us that water was still twenty-five miles
away. William Harlan here lost his seven yoke
of oxen. The man who was in charge of them went
to sleep, and the cattle turned back and recrossed
the desert or perhaps died there. . . . Next day I
^started early and drove till dusk, as I wished to
^e the cattle so that they would lie down and
give me a chance to sleep. They would rest for
two or three hours and then try to go back
home to their former range." The party won
through, however, and descended into the smil-
ing valleys of California, ninety-year-old lady

idaU.

These parties which were hastily got together for
the mere purpose of progress soon found that they
must have some sort of government to make the
trip successful. A leader was generally elected to
jw^hom implicit obedience was supposed to be
rded. Among independent and hot-headed
men quarrels were not infrequent. A rough sort
of justice was, however, invoked by vcAs. i^A. '^'si

If:

■th(
mil
trip i
^L^whoi
^Bacco]

70 THE FORTY-NINERS

majority. Though a "split of blankets'' was not
unknown, usually the party went through under
one leadership. Fortunate were those who pos*
sessed experienced men as leaders, or who in
hiring the services of one of the numerous plains
guides obtained one of genuine" experience. In-
experience and graft were as fatal then as now.
It can well be imagined what disaster could
descend upon a camping party in a wilderness
such as the Old West, amidst the enemies which
that wilderness supported. It is bad enough
today when inexperienced people go to camp
by a lake near a farm-house. Moreover, at that
time everybody was in a hurry, and many sus-
pected that the other man was trying to obtain
an advantage.

Hittell tells of one ingenious citizen who, in
trying to keep ahead of his fellow inmiigrants as
he hvuried along, had the bright idea of setting
on fire and destroying the dry grass in order to
retard the progress of the parties behind. Grass
was scarce enough in the best circumstances, and
the burning struck those following with starvation.
He did not get very far, however, before he was
caught by a posse who mounted their best horses
for pursuit. They shot him from his saddle and

ACROSS THE PLAINS 71

turned back. This attempt at monopoly was thus
nipped in the bud.

Probably there would have been more of this
sort of thing had it not been for the constant
menace of the Indians. The Indian attack on the
inmiigrant train has become so familiar through
Wild West shows and so-called literature that it
is useless to redescribe it here. Generally the
object was merely the theft of horses, but occa-
sionally a genuine attack, followed in case of
success by massacre, took place. An experience
of this sort did a great deal of good in holding
together not only the parties attacked, but also
those who afterwards heard of the attempt.

There was, however, another side to the shield,
a very encouraging and cheerful side. For
example, some good-hearted philanthropist es-
tablished a kind of reading-room and post-oflSce .
in the desert near the headwaters of the Humboldt
River. He placed it in a natural circular wall of
rock by the road, shaded by a lone tree. The
original founder left a lot of newspapers on a
stone seat inside the wall with a written notice
to "Read and leave them for others.**

Many trains, well equipped, well formed, well
led, went through without trouble — indsftAL^''^^>5^

|72 THE FORTY-NINERS

real pleasure. Nevertheless the overwhelmin"
testimony is on the other side. Probably this was
due in large part to the irritability that always

■ seizes the mind of the tenderfoot when he is con-
P fronted by wilderness conditions. A man who is a

perfectly normal and agreeable citizen in his own
environment becomes a suspicious half-lunatic
when placed in circumstances uncomfortable and
unaccustomed. It often happened that people
were obliged to throw things away in order to
lighten their loads. When this necessity occurred,
lliey generally seemed to take an extraordinary
delight in destroying their property rather than in
leaving it for anybody else who might come along.
HIttell tells us that sugar was often ruined by

■ having turpentine poured over it, and flour was
F mixed with salt and dirt; wagons were burned;

clothes were torn into shreds and tatters. All of
this destruction was senseless and useless, and was
probably only a blind and instinctive reaction
against hardships.

Those hardships were considerable. It is esti-
mated that during the height of the overland
migration in the spring of 1849 no less than fifty
thousand people started out. The wagon trains fol-
lowed almost on one another's heels, so hot was the

ACROSS THE PLAINS 73

pace. Not only did the travelers wish to get to
the Sierras before the snows blocked the passes,
not only were they eager to enter the gold mines,
but they were pursued by the specter of cholera
in the concentration camps along the Mississippi
Valley. This scourge devastated these gatherings.
It followed the men across the plains like some
deadly wild beast, and was shaken oflF only
when the high clear climate of desert altitude was
eventually reached.

But the terrible part of the journey began with
the entrance into the great deserts, like that of
the Humboldt Sink. There the conditions were
almost beyond belief. Thousands were left be-
hind, fighting starvation, disease, and the loss of
cattle. Women who had lost their husbands from
the deadly cholera went staggering on without
food or water, leading their children. The trail
was literally lined with dead animals. Often in
the middle of the desert could be seen the camps
of death, the wagons drawn in a circle, the dead
animals tainting the air, every living human being
crippled from scurvy and other diseases. There
was no fodder for the cattle, and very little water.
The loads had to be lightened almost every mile
by the discarding of valuable good&. Mass^ ^

74 THE FORTY-NINERS

the immigrants who survived the struggle reached
the goal in an impoverished condition. The road
was bordered with an almost unbroken barrier of
abandoned wagons, old mining implements, clothes,
provisions, and the like. As the cattle died, the
problem of merely continuing the march became
worse. Often the rate of progress was not more
than a mile every two or three hours. Each mile
had to be relayed back and forth several times.
And when this desert had sapped their strength,
they came at last to the Sink itself, with its long
white fields of alkali with drifts of ashes across
them, so soft that the cattle sank half-way to their
bellies. The dust was fine and light and rose
chokingly; the sun was strong and fierce. All but
the strongest groups of pioneers seemed to break
here. The retreats became routs. Each one put
out for himself with what strength he had left.
The wagons were emptied of everything but the
barest necessities. At every stop some animal fell
in the traces and had to be cut out of the yoke.
If a wagon came to a full stop, it was abandoned.
The animals were detached and driven forward.
And when at last they reached the Humboldt River
itself, they found it almost impossible to ford.
The best feed lay on the other side. In the

ACROSS THE PLAINS 75

distance the high and forbidding ramparts of the
Sierra Nevadas reared themselves.

One of these Forty-niners, Delano, a man of
some distinction in the later history of the mining
communities, says that five men drowned them-
selves in the Humboldt River in one day out oi
sheer discouragement. He says that he had to
save the lives of his oxen by giving Indians fifteen
dollars to swim the river and float some grass
across to him. And with weakened cattle, dis-
couraged hearts* no provisions, the travelers
had to tackle the high rough road that led across
the mountains.

Of course, the picture just drawn is of the
darkest aspect. Some trains there were under
competent pioneers who knew their job; who
were experienced in wilderness travel; who under-
stood better than to chase madly away after every
cut-oflP reported by irresponsible trappers; who
comprehended the handling and management of
cattle; who, in short, knew wilderness travel.
These came through with only the ordinary hard-
ships. But take it all in all, the overland trail
was a trial by fire. One gets a notion of its deadli-
ness from the fact that over five thousand people
died of cholera alone. The trail ^^^ tdl^js;:^^^

76 THE FORTY-NINERS

throughout its length by the shallow graves of
those who had succumbed. He who arrived in
Califomia was a different person from the one
who had started from the East. Experience had
even in so short a time fused his elements into
something new. This alteration must not be
forgotten when we turn once more to the internal
affairs of the new commonwealth.

CHAPTER VI

THE MORMONS

In the westward overland migration the Salt Lake
Valley Mormons played an important part. These
strange people had but recently taken up their
abode in the desert. That was a fortunate circum-
stance, as their necessities forced them to render
an aid to the migration that in better days would
probably have been refused.

The founder of the Mormon Church, Joseph
Smith, Jr., came from a commonplace family.
Apparently its members were ignorant and super-
stitious. They talked much of hidden treasure and
of supernatural means for its discovery. They be-
lieved in omens, signs, and other superstitions. As
a boy Joseph had been shrewd enough and super-
. stitious enough to play this trait up for all it was
worth. He had a magic peep-stone and a witch-
hazel divining-rod that he manipulated so skill-
fully as to cause other boys and even oldjKt Ts^ssa.

Its

THE FOETY-NINERS

to dig for him as he wished. He seemed to delight
in tricklDg his companions in various ways, by tell-
ing fortunes, reeling o£f tall yarns, and posing as
one possessed of occult knowledge.

According to Joseph's autobiography, the dis-
covery of the Mormon Bible happened in this wise:
on the night of September 21, 1823, a vision fell
upon him; the angel Moroni appeared and directed
him to a cave on the hillside ; in this cave he found
some gold plates, on which were inscribed strange
characters, written in what Smith described as
"reformed Egj'ptian"; they were undecipherable
except by the aid of a pair of magic peep-stones
named TJrim and Thummim, delivered him for the
purpose by the angel at Palmyra; looking through
the hole in these peep-stones, he was able to inter-
pret the gold plates. This was the skeleton of the
story embellished by later ornamentation in the
way of golden breastplates, two stones bright and
shining, golden plates united at the back by rings,
the sword of Laban, square stone boxes, cemented
clasps, invisible blows, suggestions of Satan, and
similar mummery born from the quickened imagi-
nation of a zealot.

Smith succeeded in interesting one Harris to
f IKt as his amanuensis in his interpretation of these

THE MORMONS 79

books of Mormon. The future prophet sat be-
hind a, screen with the supposed gold plates in his
hat. He dictated through the stones Urim and
Thummini. With a keen imagination and natural
aptitude for the strikingly dramatic, he was able
to present formally his ritual, tabernacle, holy of
holies, priesthood and tithings, constitution and
councils, blood atonement, anointment, twelve
apostles, miracles, his spiritual manifestations and
revelations, aU in reminiscence of the religious
tenets of many lands.

Such religious movements rise and fall at peri-
odic intervals. Sometimes they are never heard
of outside the small communities of their birth;
at other times they arise to temporary nation-wide
importance, but they are unlucky either in leader-
ship or environment and so perish. The Mormon
Church, however, was fortunate in all respects.
Smith was in no manner a successful leader, but
he made a good prophet. He was strong physi-
cally, was a great wrestler, and had an abundance
of good nature; he was personally popular with the
type of citizen with whom he was thrown. He
could impress the ignorant mind with the reality of
his revelations and the potency of his claims. He
could impress the more intelligent, but ^^ ^sa.-

80 THE FORTY-NINERS

scrupulous, half fanatical minds of the leaders with
the power of his idea and the opportunities offered
for leadership.

Two men of the latter type were Parley P. Pratt
and Sidney Rigdon. The former was of the narrow,
strong, fanatic type; the latter had the cool con-
structive brain that gave point, direction, and
consistency to the Mormon system of theology.
Had it not been for such leaders and others like
them, it is quite probable that the Smith move-
ment would have been lost like himdreds of
others. That Smith himself lasted so long as
the head of the Church, with the powers and
perquisites of that position, can be explained
by the fact that, either by accident or shrewd
design, his position before the unintelligent masses
had been made impregnable. If it was not
true that Joseph Smith had received the golden
plates from an angel and had translated them —
again with the assistance of an angel — and had
received from heaven the revelations vouchsafed
from time to time for the explicit guidance of the
Church in moral, temporal, and spiritual matters,
then there was no Book of Mormon, no new revela-
tion, no Mormon Church. The dethronement of
Smith meant that there could be no successor

THE MORMONS 81

to Smith, for there would be nothing to which
to succeed. The whole church structure must
crumble with him.

The time was psychologically right. Occa-
sionally a contagion of religious need seems to
sweep the coimtry. People demand manifesta-
tions and signs, and wiU flock to any who can
promise them. To this class the Book of Mormon,
with its definite sort of mysticism, appealed
strongly. The promises of a new Zion were con-
crete; the power was centralized, so that people
who had heretofore been floundering in doubt felt
they could lean on authority, and shake oflF the
personal responsibility that had weighed them
down. The Mormon communities grew fast, and
soon began to send out proselyting missionaries.
England was especially a fruitful field for these
missionaries. The great manufacturing towns
were then at their worst, containing people des-
perately ignorant, superstitious, and so deeply
poverty-stricken that the mere idea of owning
land of their own seemed to them the height of
affluence. Three years after the arrival of the
missionaries the general conference reported 4019
converts in England alone. These were good
material in the hands of strong, fanatical^ ort nssn.-

I
I

THE FORTY-NINERS
scrupulous leaders. They were religious enthusi-*
asts, of course, who believed they were coming to
a. real city of Zion. Most of them were in debt to
the Church for the price of their passage, and their
expenses. They were dutiful in their acceptance
of miracles, signs, and revelations. The more
intelligent among them realized that, having come
so far and invested in the enterprise their all, it was
essential that they accept wholly the discipline
and authority of the Church.

Before their final migration to Utah, the Mor-
mons made three ill-fated attempts to found the
city of Zion, first in Ohio, then in western Mis-
souri, and finally, upon their expulsion from
Missouri, at Nauvoo in Illinois. In every case
ihey both inspired and encountered opposition
and sometimes persecution. As the Mormons
increased in power, they became more self-suf-
ficient and arrogant. They at first presumed to
dictate politically, and then actually began to
consider themselves a separate political entity.
One of their earliest pieces of legislation, under the
act incorporating the city of Nauvoo, was an
ordinance to protect the inhabitants of the Mor-
mon communities from all outside legal processes.
No writ for the arrest of any Mormon inhabitants

THE MORMONS 83

of any Mormon city could be executed until it had
received the mayor's approval. By way of a mild
and adequate penalty, anyone violating this ordi-
nance was to be imprisoned for life with no jKiwer
of pardon in the governor without the mayor's
consent.

Of course this was a welcome opportunity for the
lawless and desperate characters of the surround-
ing country. They became Mormon to a man.
Under the shield of Mormon protection they could
steal and raid to their heart's content. Land
speculators also came into the Church, and bought
land in the expectation that New Zion property
would largely rise. Banking grew somewhat
frantic. Complaints became so bitter that even
the higher church authorities were forced to
take cognizance of the practiceB. In 1840 Smith
himself said: "We are no longer at war, and you
must stop stealing. When the right time comes,
we will go in force and take the whole State

I of Missouri. It belongs to us as our inheritance,
but I want no more petty stealing. A man that
will steal petty articles from his enemies will,
when occasion offers, steal from his brethren too.
Now I command you that have stolen must steal
no more. "

THE FORTY-NINEas
At Nauvoo, on the eastern bank of the Missis-
sippi, they built a really pretentious and beautiful
city, and all but completed a temple that was, from
ftvery account, creditable. However, their arro-
gant relations with their neighbors and the extreme
isolation in which they held themselves soon earned
them the dislike and distrust of those about them.
The practice of polygamy had begun, although
even to the rank and file of the Mormons them-
selves the revelation commanding it was as yet
unknown. Still, rumors had leaked forth. The
community, already severely shocked in its eco-
nomic sense, was only too ready to be shocked in
its moral sense, as is the usual course of human
nature. The rather wild vagaries of the converts,
too, aroused distrust and disgust in the sober
minds of the western pioneers. At religious meet-
ings converts would often arise to talk in gibberish
— utterly nonsensical gibberish. This was called
a, "speaking with tongues," and could be trans-
lated by the speaker or a bystander in any way
he saw fit, without responsibility for the saying.
This was an easy way of calling a man names
without standing behind it, so to speak. The
congregation saw visions, read messages on stones
red up in the field — messages which disap-

THE MORMONS 85

peared as soon as interpreted. They Had fits in
meetings, they chased balls of fire through the
fields, they saw wonderful lights in the air, in
short they went through all the hysterical vagaries
formerly seen also in the Methodist revivals imder
John Wesley.

Turbulence outside was accompanied by tur-
bulence within. Schisms occurred. Branches
were broken oflf from the Church. The great
temporal power and wealth to which, owing to the
obedience and docility of the rank and file, the
leaders had fallen practically sole heirs, had gone
to their heads. The Mormon Chulxjh gave every
indication of breaking up into disorganized smaller
units, when fortimately for it the prophet Joseph
Smith and his brother Hyriria-were killed by a mob.
This martyrdom consolidated the • church body
once more; and before disintegrating influences
could again exert themselves, the reins of power
were seized by the strong hand of a remarkable
man, Brigham Yoimg, who thrust aside the logical
successor, Joseph Smith's son.

Young was an imeducated man, but with a deep
insight into hmnan nature. A shrewd practical
ability and a rugged intelligence, combined with
absolute cold-blooded unscTup\Ao\vstLe^'8»\s^^Ji^^^^s^^

'€e THE FORTY-NINERS

his ends, were qualities amply sufficient to put
Young in the front rank of the class of people who
composed the Mormon Church. He early estab-
lished a hierarchy of sufficient powers so that
always he was able to keep the strong men of the
Church loyal to the idea he represented. He paid
them well, both in actual property and in power
that was dearer to them than property. Further-
more, whether or not be originated polygamy, be
not only saw at once its uses in increasing the
population of the new state and in takmg care of
the extra women such fanatical reUgions always
attract, but also, more astutely, he realized that
the doctrine of polygamy would set his people apart
from all other people, and probably call down upon
them'the direct opposition of the Federal Govern-
ment, A feeling of persecution, opposition, and
possible punishment were all potent to segregate
the Mormon Church from the rest of humanity
and to assure its coherence. Further, he under-
stood thoroughly the results that can be obtained
by cooperation of even mediocre people under able
leadership. He placed his people apart by thor-
oughly impressing upon their minds the idea of
their superiority to the rest of the world. They
'ere the chosen people, hitherto scattered, but now

THE MORMONS 87

at last gathered together. His followers had just the
degree of intelligence necessary to accept leadership
gracefully and to rejoice in a supposed superiority
because of a sense of previous inferiority.

This ductile material Brigham welded to his own
forms. He was able to assume consistently an
appearance of uncouth ignorance in order to retain
his hold over his imcultivated flock. He delivered
vituperative, even obscene sermons, which may
still be read in his collected works. But he was
able also on occasions, as when addressing agents
of the Federal Government or other outsiders
whom he wished to impress, to write direct and
dignified English. He was resourceful in obtain-
ing control over the other strong men of his
Church; but by his very success he was blinded to
due proportions. There can be little doubt that at
one time he thought he could defy the United States
by force of arms. He even maintained an organi-
zation called the Danites, sometimes called the
Destroying Angels, who carried out his decrees. ^

Brigham could welcome graciously and leave

' The Mormon Church has always denied the existence of any such
organization; but the weight of evidence is against the Church. In
one of his discourses. Young seems inadvertently to have admitted the
existence of the Danites. The organization dates {tomX^^^^^^ssx^^^'^c^
Mormons in Missouri. See linn. The Story oj iK6Ma^IwmA;V^*'^S5^^■=^Sft«

THE FORTY-NINERS ,
a good impression upon important visitors. He
was not a good business man, however, and almost
every enterprise he directly undertook proved to
be a complete or partial failure. He did the most
extraordinarily stupid things, as, for instance, when
he planned the so-called Cottonwood Canal, the
mouth of wliich was ten feet higher than its source'
Nevertheless he had sense to utilize the business
ability of other men, and was a good accumulator
of properties. His estate at his death was valued
at between two and three million dollars. This
was a pretty good saving for a pioneer who had
come into the wilderness without a cent of his own,
who had always spent lavishly, and who had sup-
ported a family of over twenty wives and fifty
children^ all this without a salary as an oflScer.
Tithes were brought to him personally, and he
rendered no accounting. He gave the strong men
of his hierarchy power and opportunity, played
them against each other to keep his own lead, and
made holy any of their misdeeds which were not
directed against himself.

The early months of 1846 witnessed a third
Mormon exodus. Driven out of Illinois, these
Latter-day Saints crossed the Mississippi In or-
ffauizeS bands, with Council Bluffs as their first

THE MORMONS 89

objective. Through the winter and spring some
fifteen thousand Mormons with three thousand
wagons foimd their way from camp to camp,
through snow, ice, and mud, over the weary stretch
of four hundred miles to the banks of the Missouri.
The epic of this westward migration is almost
biblical. Hardship brought out the heroic in
many characters. Like true American pioneers,
they adapted themselves to circumstances with
fortitude and skill. Linn says: "When a halt
occurred, a shoemaker might be seen looking for a
stone to serve as a lap-stone in his repair work,
or a gunsmith mending a rifle, or a weaver at a
wheel or loom. The women learned that the
jolting wagons would chum their milk, and when
a halt occurred it took them but a short time to
heat an oven hollowed out of the hillside, in which
to bake the bread already raised. " Colonel Kane
says that he saw a piece of cloth, the wool for
which was sheared, dyed, spim, and woven, during
the march.

After a winter of sickness and deprivation in
camps along "Misery Bottom," as they called the
river flats, during which malaria carried oflF hun-
dreds, Brigham Young set out with a pioneer band
of a himdred and fifty to find a ne^ Tlvcya., ^os^^x^

loo THE FORTY-NINERS

the end of July, this expedition by design or chance
entered Salt Lake Valley, At sight of the lake
glistening in the sun, "Each of us," wrote one of
the party, "without saying a word to the other,
instinctively, as if by inspiration, raised our hats
from our heads, and then, swinging our hats,
shouted, 'Hosannah to God and the Lamb!'"

Meantime the first emigration from winter
quarters was under way, and in the following
spring Young conducted a train of eight hundred
wagons across the plains to the great valley where
a city of adobe and log houses was aheady building.
The new city was laid off into numbered lots.
The Presidency had charge of the distribution of
these lots. You may be sure they did not reserve
the worst for their use, nor did they place about
themselves undesirable neighbors. Immediately
after the assignments had been made, various
people began at once to speculate in buying and
selling according to the location. The spiritual
power immediately anathematized this. No one
was permitted to trade over property. Any sales
were made on a basis of the first cost plus the value
of the improvement, A community admirable in
almost every way was improvised as though by
magic. Among themselves the Mormons were

THE MORMONS 91

sober, industrious. God-fearing, peaceful. Their
difficulties with the nation were yet to come.

Throughout the year, 1848, the weather was
propitious for ploughing and sowing. Before the
crops could be gathered, however, provisions ran
so low that the large community was in actual
danger of starvation. Men were reduced to eating
skins of slaughtered animals, the raw hides from
the roofs of houses, and even a wild root dug by
the miserable Ute Indians. To cap the chmax,
when finally the crops ripened, they were attacked
by an army of crickets that threatened to destroy
them utterly. Prayers of desperation were mir-
aculously answered by a flight of white sea-gulls
I that destroyed the invader and saved the crop.
Since then this miracle has been many times
repeated.
It was in August, 1849, that the first gold rush
began. Some of Brannan's company from Cali-
fornia had already arrived with samples of gold-
dust. Brigham Young was too shrewd not to
discourage all mining desires on the part of his
people, and he managed to hold them. The
Mormons never did indulge in gold-mining. But
the samples served to inflame the ardor of the ira.-
migrants from the east. TkeVr one dea«e aN- ■=.■&':»

n THE FOBTY'NIXERS

became to H^ten their loads so that they could
get to the diggings in the sh(»test poss3>le time.
Then the Mormons hegan to reap their hanresL
Animals wcnih only twenty-five or thirty dollars
would bring two hundred dollars in exchange for
goods brouj^t in by the travders. Yot a light
wagon the immigrants did not hesitate to offer
three or four heavy ones, and sometimes a yoke of
oxen to boot* Such very desirable things to a new
community as sheeting, or spades and shovels,
since the miners were overstocked, could be had
for almost nothing. Indeed, everything, except
coffee and sugar, was about half the wholesale
rate in the East. The profit to the Mormons from
this migration was even greater in 1850. The
gold-seeker sometimes paid as hi^ as a dollar a
pound for flour; and, conversely, as many of the
wayfarers started out with heavy loads of mining
machinery and miscellaneous goods, as is the habit
of the tenderfoot camper even imto this day, they
had to sell at the buyers' prices. Some of the enter-
prising miners had even brought large amounts of
goods for sale at a hoped-for profit in California.
At Salt Lake City, however, the information was
industriously circulated that shiploads of similar
merchandiae were on their ^ d the Horn,

THE MORMONS OS

and consequently the would-be traders often sacri-
ficed their own stock. '

This friendly condition could not, of course, long
obtain. Brigham Young's policy of segregation was
absolutely opposed to permanent friendly relations.
The immigrants on the other hand were violently
prejudiced against the Mormon faith. The valley
of the Salt Lake seemed to be just the psycho-
logical point for the breaking up into fragments of
the larger companies that had crossed the plains.
The division of property on these separations some-
times involved a considerable amount of diflSculty.
The disputants often applied to the Mormon courts
for decision. Somebody was sure to become dis-
satisfied and to accuse the courts of imdue influ-
ence. Rebellion against the decision brought upon
them the full force of civil power. For contempt of
court they were most severely fined. The fields
of the Mormons were imperfectly fenced; the cattle
of the immigrants were very numerous. Trespass
cases brought heavy remuneration, the value
being so much greater for damages than in the
States that it often looked to the stranger like an
injustice. A protest would be taken before a
bishop who charged costs for his decision., dssk

* Linn, The Story of the Mormons^ 406.

Pi THE FORTY-NINERS

unreasonable prejudice against the Mormons often
arose from these causes. On the other hand there
is no doubt that the immigrants often had right on
their side. Not only were the Mormons human
beings, with the usual qualities of love of gain and
desire to take advantage of their situation; but,
further, they belonged to a sect that fostered the
belief that they were superior to the rest of man-
kind, and that it was actually meritorious to "spoil
the Philistines. "

Many gold-diggers who started out with a com-
plete outfit finished their journey almost on foot.
Some five hundred of these people got together
later in California and compared notes. Finally
theyi drew up a series of affidavits to be sent
back home. A petition was presented to Congress
charging that many immigrants had been murdered
by the Mormons; that, when members of the Mor-
mon community became dissatisfied and tried to
leave, they were subdued and killed ; that a two per
cent tax on the property was levied on those im-
migrants compelled to stay through the winter;
that justice was impossible to obtain in the Mor-
mon courts; that immigrants' mail was opened and
destroyed; and that all Mormons were at best
treasonable in sentiment. Later t\ie \>Teajcii liC;-

THE MORMONS 95

tween the Mormons and the Americans became
more marked, until it culminated in the atrocious
Mountain Meadows massacre, which was probably
only one of several similar but lesser occurrences.
These things, however, are outside of our scope,
as they occurred later in history. For the moment,
it is only necessary to note that it was extremely
fortunate for the gold immigrants, not only that
the half-way station had been established by the
Mormons, but also that the necessities of the
latter forced them to adopt a friendly policy. By
the time open enmity had come, the first of the
rush had passed and other routes had been well
established.

CHAPTER Vn

THE WAY BY PANAMA

Of the three roads to California that by Panama
was the most obvious, the shortest* and therefore
the most crowded. It was likewise the most ex-
pensive. To the casual eye this route was also the
easiest. You got on a ship in New York, you dis-
embarked for a very short land journey, you re-
embarked on another ship, and landed at San
Francisco. This route therefore attracted the
more unstable elements of society. The journey
by the plains took a certain grim determination
and courage; that by Cape Horn, a slow and
persistent patience.

The route by the Isthmus, on the other hand,
allured the impatient, the reckless, and those who
were unaccustomed to and undesirous of hard-
ships. Most of the gamblers and speculators,
for example, as well as the cheaper politicians,
went by Panama.

THE WAY BY PANAMA 97

In October, 1848, the first steamship of the
Pacific Steamship Company began her voyage
from New York to Panama and San Francisco,
and reached her destination toward the end of
February. On the Atlantic every old tub that
could be made to float so far was pressed into
service. Naturally there were many more vessels
on the Atlantic side than on the Pacific side, and
the greatest congestion took place at Panama.
Every man was promised by the shipping agent
a through passage, but the shipping agent was
careful to remain in New York..

The overcrowded ships were picturesque though
uncomfortable. They were crowded to the guards
with as miscellaneous a lot of passengers as were
ever got together. It must be remembered that
they were mostly young men in the full vigor of
youth and thoroughly imbued with the adventur-
ous spirit. It must be remembered again, if the
reader can think back so far in his own experience,
that youth of that age loves to deck itself out both
physically and mentally in the trappings of ro-
mance. Almost every man wore a red shirt, a slouch
hat, a repeating pistol, and a bowie knife; and most
of them began at once to grow beards. TVve^j ^sasofc
from all parts of the country. T\i^ Yax^^XaSo^^

THE FORTY-NINERS
Yankee elbowed the tall, sallow, black-hai
Southerner. Social distinctions soon fell away
and were forgotten. No one could tell by speech,
manners, or dress whether a man's former status
was lawyer, physician, or roustabout. The days
were spent in excited discussions of matters per-
taining to the new country and the theorj- and
practice of gold-mining. Only two things were
said to be capable of breaking in on this inter-
minable palaver. One was dolphins and the other
the meal-gong. TVTien dolphins appeared, eacli
passenger promptly rushed to the side of the ship |
and discharged his revolver in a fusillade that was
usually harmless. Meal time always caught the
majority unawares. They tumbled and jostled
down the companionway only to find that the wise
and forethoughtful had preempted every chair.
There was very little quarreling. A holiday spirit I
seemed topervadethecrowd. Everybody was more I
or less elevated in mood and everybody was imbued
with the same spirit of comradeship in adventure.
But with the sight of shore, the low beach, and
the round high bluffs with the castle atop that
meant Chagres, this comradeship rather fell
apart. Soon a landing was to be made and '
transportation across the Isthmus liad to be oh-

THE WAY BY PANAMA 99

tained. Men at once became rivals for prompt
service. Here, for the first time, the owners of the
weird mining-machines already described found
themselves at a disadvantage, while those who
carried merely the pick, shovel, and small personal
equipment were enabled to make a flying start.
On the beach there was invariably an immense
wrangle over the hiring of boats to go up the river.
These were a sort of dug-out with small decks in
the bow and in the stern, and with low roofs of
palmetto leaves amidships. The fare to Cruces
was about fifteen dollars a man. Nobody was
in a hurry but the Americans.

Chagres was a collection of cane huts on level

ground, with a swamp at the back. Men and

women clad in a single cotton garment lay about

smoking cigars. Naked and pot-bellied children

played in the mud. On the threshold of the doors,

in the huts, fish, bullock heads, hides, and carrion

were strewn, all in a state of decomposition, while

I. in the rear was the jungle and a lake of stagnant

I water with a delicate bordering of greasy blue mud.

I There was but one hotel, called the Crescent City,

[ which boasted of no floor and no food. The new-

s who were unsupplied with provisions had

eat what they could pick up. \5n^ea."TOE)\iia^'3'-

100 THE FORTY-NINERS

in tropical ways, they wasted a tremendous lot of
nervous energy in trying to get the natives started.
The natives, calm in the consciousness that there
was plenty of demand, refused to be hurried.
Many of the travelers, thinking that they had
closed a bargain, returned from sightseeing only
to find their boat had disappeared. The only safe
way was to sit in the canoe until it actually started.

With luck they got ofiF late in the afternoon, and
made ten or twelve miles to Gatun. The journey
up the lazy tropical river was exciting and inter-
esting. The boatmen sang, the tropic forests came
down to the banks with their lilies, shrubs, man-
goes, cocos, sycamores, palms; their crimson,
purple, and yellow blossoms; their bananas with
torn leaves; their butterflies and paroquets; their
streamers and vines and scarlet flowers. It was
like a vision of fairyland.

Gatun was a collection of bamboo huts, in-
habited mainly by fleas. One traveler tells of
attempting to write in his journal, and finding
the page covered with fleas before he had inscribed
a dozen words. The gold seekers slept in ham-
mocks, suspended at such a height that the native
dogs found them most convenient back-scratchers.
The fleas were not inactive. On all sides the na-

THE WAY BY PANAMA 101

tives drank, sang, and played monte. It generally
rained at night, and the flimsy huts did little to
keep out the wet. Such things went far to take
away the first enthusiasm and to leave the travel-
ers in rather a sad and weary-eyed state.

By the third day the river narrowed and became
swifter. With luck the voyagers reached Gor-
gona on a high bluff. This was usually the end
of the river journey. Most people bargained for
Cruces six miles beyond, but on arrival decided
that the Gorgona trail would be less crowded, and
with unanimity went ashore there. Here the bar-
gaining had to be started all over again, this time
for mules. Here also the demand far exceeded
the supply, with the usual result of arrogance,
indifference, and high prices. The diflScult ride
led at first through a dark deep wood in clay soil
that held water in every depression, seamed with
steep eroded ravines and diversified by low passes
over projecting spurs of a chain of mountains.
There the monkeys and parrots furnished the
tropical atmosphere, assisted somewhat by in-
numerable dead mules along the trail. Vultures
sat in every tree waiting for more things to happen.
The trail was of the consistency of very thick mud.
In this mud the first mule \iad xiaXxvt^SN:^ \<^x.>sNa»

102 THE FORTY-NINERS

tracks; the next mules trod carefully in the first
mule's footprints, and ail subsequent mules did
likewise. The consequence was a succession of
narrow deep holes in the clay into which an animal
sank half-way to the shoulder. No power was
sufficient to make these mules step anywhere else.
Each hole was full of muddy water. When the
mule inserted his hoof, water spurted out violently
as though from a squirt-gun. Walking was simpl
impossible,

All this was merely adventure for the young,
strong, and healthy; but the terrible part of the
Panama Trail was the number of victims claimed
by cholera and fever. The climate and the un-
wonted labor brought to the point of exhaustion
men unaccustomed to such exertions. They lay
flat by the trail as though dead. Many actually
did die either from the jungle fever or the yellow-
jack. The universal testimony of the times is
that this horseback journey seemed interminable;
and many speak of being immensely cheered when
their Indian stopped, washed his feet in a wayside
mudhole, and put on his pantaloons. That in-
dicated the proximity, at last, of the city of
Panama.

It was a quaint old place. The two-story

'1h

THE WAY BY PANAMA 103

wooden houses with corridor and verandah across
the face of the second story, painted in bright colors,
leaned crazily out across the streets. Narrow and
mysterious alleys led between them. Ancient
cathedrals and churches stood gray with age before
the grass-grown plazas. In the outskirts were
massive masonry ruins of great buildings, convents,
and colleges, some of which had never been finished.
The immense blocks lay about the ground in con-
fusion, covered by thousands of little plants, or
soared against the sky in broken arches and cor-
ridors. But in the body of the town, the old
picttiresque houses had taken on a new and tempor-
ary smartness which consisted mostly of canvas
signs. The main street was composed of hotels,
eating-houses, and assorted hells. At times over a
thousand men were there awaiting transportation.
Some of them had been waiting a long time, and
had used up all their money. They were broke
and desperate. A number of American gambling-
houses were doing business, and of course the
saloons were much in evidence. Foreigners kept
two of the three hotels; Americans ran the gam-
bling joints ; French and Germans kept the restaur-
ants. The natives were content to be interestai.
but not entirely idle spectaYots. 'YVex^i 'W'as "»

104 THE FORTY-NINERS

terrible amount of sickness aggravated by Ameri-
can quack remedies. Men rejoiced or despaired
according to their dispositions. Every once in a
while a train of gold bullion would start back across
the Isthmus with mule-loads of huge gold bars, so
heavy that they were safe, for no one could carry
them ofiF to the jungle. On the other hand there
were some returning Califomians, drunken and
wretched. They delighted in telling with grim joy
of the disappointments of the diggings. But prob-
ably the only people thoroughly unhappy were the
steamship officials. These men had to bear the
brunt of disappointment, broken promises, and
savage recrimination, if means for going north
were not very soon forthcoming. Every once in a
while some ship, probably an old tub, would come
wallowing to anchor at the nearest point, some
eleven miles from the city. Then the raid for
transportation took place all over again. There
was a. limited number of small boats for carrying
purposes^ and these were pounced on at once by
ten times the number they could accommodate.
Ships went north scandalously overcrowded and
underprovisioned. Mutinies were not infrequent.
It took a good captain to satisfy everybody, and
there were many bad ones. Some men got so des-

THE WAY BY PANAMA 105

perate that, with a touching ignorance of geogra-
phy, they actually started out in small boats to
row to the north. Others attempted the overland
route. It may well be believed that the reaction
from all this disappointment and delay lifted the
hearts of these argonauts when they eventually
sailed between the Golden Gates.

This confusion, of course, was worse at the be-
ginning. Later the journey was to some extent
systematized. The Panama route subsequently
became the usual and fashionable way to travel.
The ship companies learned how to handle and
treat their patrons. In fact, it was said that every
jewelry shop in San Francisco carried a large stock
of fancy silver speaking-trumpets because of the
almost invariable habit of presenting one of
these to the captain of the ship by his grateful
passengers. One captain swore that he possessed
eighteen of them!

CHAPTER Vin

THE DIGGINGS

The two streams ot immigrants, by sea and over-
land, thus differed, on the average, in kind. They
also landed in the country at different points. The
overlanders were generally absorbed before they
reached San Francisco. They arrived first at
Port Sutter, whence they distributed themselves;
or perhaps they even stopped at one or another of
the diggings on their way in.

Of those coming by sea all landed at San Fran-
cisco. A certain proportion of the yoimger and
more enthusiastic set out for the mines, but only
after a few days had given them experience of the
new city and had impressed them with at least a
subconscious idea o! opportunity. Another cer-
tain proportion, however, remained in San Fran-
cisco without attempting the mines. These were
either men who were discouraged by pessimistic
tales, men who had sickened of the fever, or more

THE DIGGINGS 107

(rften men who were attracted by the big oppor-
tunities for wealth which the city then afforded.
Thus at once we have two different types to con-
sider, the miner and the San Franciscan.

The mines were worked mostly by young men.
They journeyed up to the present Sacramento
either by river-boats or afoot. Thence they took
their outfits into the diggings. It must have
seemed a good deal like a picnic. The goal was
near; rosy hope had expanded to fill the horizon;
breathless anticipation pervaded them — a good deal
like a hunting-party starting off in the freshness
of the dawn.

The diggings were generally found at the bottoms
of the deep river-beds and ravines. Since trails,
in order to avoid freshets and too many crossings
of the water-courses, took the higher shoulder
■of the hill, the newcomer ordinarily looked down
>upon his first glimpse of the mines. The sight
must have been busy and animated. The miners
dressed in bright-colored garments, and dug them-
selves in only to the waist or at most to the
shoulders before striking bed rock, so that they
were visible as spots of gaudy color. The camps
'ere placed on the hillsides or little opeiifta.\a,^^sA

lasionalJy were set in, l\ie\>edol a. vwet- "^^^"^

108 THE FORTY-NINERS

were composed of tents, and of rough log or bark
structures.

The newcomers did not spend much time in
establishing themselves comfortably or luxuriously.
They were altogether too eager to get at the actual
digging. There was an immense excitement of
the gamble in it all. A man might dig for days
without adequate results and then of a sudden
run into a rich pocket. Or he might pan out an
immense sum within the first ten minutes of strik-
ing his pick to earth. No one could tell. The
fact that the average of all the days and all the
men amounted to very little more than living wages
was quite lost to sight. At first the methods
were very crude. One man held a coarse screen
of wiUow branches which he shook continuously
above an ordinary cooking pot, while his partner
slowly shovelled earth over this impromptu sieve.
When the pots were filled with siftings, they were
carried to the river, where they were carefully sub-
merged, and the contents we.re stirred about with
sticks. The light earth was thus flowed over the
rims of the pots. The residue was then dried, and
the lighter sand was blown away. The result was
gold, though of course with a strong mixture of
foreign substance. The pan miners soon followed;

THE DIGGINGS 109

and the cradle or rocker with its riflBie-board was
not long delayed. The digging was free. At first
it was supposed that a new holding should not be
started within fifteen feet of one already in oper-
ation. Later, claims of a definite size were
established. A camp, however, made its own laws
in regard to this and other matters.

Most of the would-^be miners at first rather
expected to find gold lying on the surface of the
earth, and were very much disappointed to learn
that they actually had to dig for it. Moreover,
digging in the boulders and gravel, imder the
terrific heat of the California sim in midsummer,
was none too easy; and no matter how rich the
diggings averaged — short of an actual bonanza — -
the miner was disappointed in his expectations.
One man is reported saying: "They tell me I can
easily make there eleven himdred dollars a day,^
You know I am not easily moved by such reports.
I shall be satisfied if I make three hundred dollars
per day. " Travelers of the time comment on the
contrast between the returning stream of dis-
couraged and disgruntled men and the cheerfulness
of the lot actually digging. Nobody had any
scientific system to go on. Often a divining-rod
was employed to determine 'w\iete Vo ^\%* ^^i5k»s2^

I
I

110 THE FORTY-NINERS

stories were current of accidental finds; as vfh&
one man, tiring of waiting for his dog to get through
digging out a ground squirrel, pulled the animal
out by the tail, and with it a large nugget, An-
other story is told of a sailor who asked some
miners resting at noon where he could dig and as a
joke was directed to a most improbable side hill.
He obeyed the advice, and uncovered a rich
pocket. With such things actually happening,
naturally it followed that every report of a real or
rumored strike set the miners crazy. Even those
who had good claims always suspected that
they might do better elsewhere. It is significant
that the miners of that day, like hunters, always
had the notion that they had come out to Cali-
fornia just one trip too late for the best pickings.
The physical life was very hard, and it is no
wonder that the stragglers back from the mines
increased in numbers as time went on. It was a
true case of survival of the fittest. Those who
remained and became professional miners were the
hardiest, most optimistic, and most persistent of
the population. The mere physical labor was
very severe. Any one not raised as a day laborer
who has tried to do a hard day's work in a new
garden can understand what pick and shovel

THE DIGGINGS nt\

digging in the bottoms of gravel and boulder"
streams can mean. Add to this the tact that evety
man overworked himself under the pressure of
excitement; that he was up to his waist in the cold
water from the Sierra snows, with his head exposed
at the same time to the tremendous heat of the
California sun; throw in for good measure that he
generally cooked for himself, and that his food
was coarse and badly prepared; and that in his
own mind he had no time to attend to the ordinary
comforts and decencies of life. It can well be
imagined that a man physically unfit must soon
succumb. But those who survived seemed to
thrive on these hardships. '

California camps by their very quaint and
whimsical names bear testimony to the over-
flowing good humor and high spirits of the early
miners. No one took anything too seriously, not
even his own success or failure. The very hard-
ness of the life cultivated an ability to snatch
joy from the smallest incident. Some of the
joking was a little rough, as when some merry
jester poured alcohol over a bully's head, touched
a match to it, and chased him out of camp yelling,
"Man on fire — put him out!" It is evident
that the time was not one tor men ol -ve^ xi^asis^

112 THE FORTY-NINERS

oi" sensitive nature, unless they possessed at
bottom the strong iron of character. The ill-
balanced were swept away by the current of excite-
ment, and fell readily into dissipation. The
pleasures were rude; the life was hearty; vices
unknown to their possessors came to the surface.
The most signiiBcant tendency, and one that had
much to do with later social and political life in
California, was the leveling effect of just this hard
physical labor. The man with a strong back and
the most persistent spirit was the superior of the
man with education but with weaker muscles.
Each man, jBnding every other man compelled to
labor, was on a social equality with the best. The
usual superiority of head- workers over hand- work-
ers disappeared. The low-grade man thus felt
himself the equal, if not the superior, of any one
else on earth, especially as he was generally able to
put his hand on what were to him comparative
riches. The pride of employment disappeared
completely. It was just as honorable to be a cook
or a waiter in a restaurant as to dispense the law,
— where there was any. The period was brief, but
while it lasted, it produced a true social democ-
racy. Nor was there any pretense about it. The
rudest miner was on a plane of perfect equality

THE DIGGINGS 113

with lawyers, merchants, or professional men.
Some men dressed in the very height of style,
decking themselves out with all the nainute care
of a dandy; others were not ashamed of, nor did
they object to being seen in, ragged garments.
No man could be told by his dress.

The great day of days in a mining-camp was
Simday. Some over-enthusiastic fortime-seekers
worked the diggings also on that day; but by
general consent — uninfluenced, it may be re-
marked, by religious considerations — the miners
repaired to their little town for amusement and
relaxation. These little towns were almost all
alike. There were usually two or three combined
hotels, saloons, and gambling-houses, built of logs,
of slabs, of canvas, or of a combination of the
three. There was one store that dispensed
whiskey as well as dryer goods, and one or two
large places of amusement. On Sunday every-
thing went full blast. The streets were crowded
with men; the saloons were well patronized; the
gambling games ran all day and late into the night.
Wrestling-matches, jumping-matches, other ath-
letic tests, horse-races, lotteries, fortune-telling,
singing, anything to get a pinch or two of the dust
out of the good-natured miners — all \3cve^^ ^<et^

J14 THE FORTY-NINERS

going strong. The American, English, and otha
continentals mingled freely, with the exception
of the French, who kept to themselves. Success-
ful Germans or Hollanders of the more stupid
class ran so true to type and were so numerous
that they earned the generic name of "Dutch
Charley." They have been described as moon-
faced, bland, bullet-headed men, with walrus mous-
taches, and fatuous, placid smiles. Value meant
nothing to them. They only knew the difference
between having money and having no money.
They carried two or three gold watches at the end
of long home-made chains of gold nuggets fastened
together with links of copper wire. The chains
were sometimes looped about their necks, their
shoulders, and waists, and even hung down in long
festoons. When two or three such Dutch Charleys
inhabited one camp, they became deadly rivals
in this childlike display, parading slowly up and
down the street, casting malevolent glances at each
other as they passed. Shoals of phrenologists,
fortune-tellers, and the like, generally drunken
old reprobates on their last legs, plied their trades.
One artist, giving out under the physical labor
of mining, built up a remarkably profitable trade
in sketching portraits. Incidentally he had to pay

THE DIGGINGS 115

two dollars and a half for every piece of paper!
John Kelly, a wandering minstrel with a violin,
became celebrated among the camps, and was
greeted with enthusiasm wherever he appeared.
He probably made more with his fiddle than he
could have made with his shovel. The influence
of the "forty-two caliber whiskey" was dire, and
towards the end of Sunday the sports became
pretty rough.

This day was also considered the time for the
trial of any cases that had arisen during the week.
The miners elected one of their number to act as
presiding judge in a "miners' meeting." Justice
was dealt out by this man, either on his own
authority with the approval of the crowd, or by
popular vote. Disputes about property were ad-
judicated as well as offenses against the criminal
code. Thus a body of precedent was slowly built
up. A new case before the alcalde of Hangtown
was often decided on the basis of the procedure at
Grub Gulch. The decisions were characterized
by direct common sense. It would be most
interesting to give adequate examples here, but
spsfce forbids. Suffice it to say that a Mexican
horse-thief was convicted and severely flogged;
and then a collection was taken w^ \at \ficca. ^^

110 THE PORTY-NINEBS

the ground that he was on the whole unfortunate!
A thief apprehended on a steamboat was punished
by a heavy fine for the benefit of a sick man on
board.

Simday evening usually ended by a dance. As
women were entirely lacking at first, a proportion
of the men was told oflF to represent the fair sex.
At one camp the invariable rule was to consider
as ladies those who possessed patches on the seats
of their trousers. This was the distinguishing
mark. Take it all around, the day was one oi
noisy, good-humored fun. There was very little
sodden drunkenness, and the miners went back
to their work on Monday morning with freshened
spirits. Probably just this sort of irresponsible
ebullition was necessary to balance the hardness
of the life.

In each mining-town was at least one Yankee
storekeeper. He made the real profits of the
mines. His buying ability was considerable; his
buying power was often limited by what he could
get hold of at the coast and what he could trans-
port to the camps. Often his consignments were
quite arbitrary and not at all what he ordered.
The story is told of one man who received what,
to judge by the smell, he thought was three

THE DIGGINGS 117

barrels of spoiled beef. Throwing them oiit in
the back way, he was interested a few days later
to find he had acquired a rapidly increasing flock .
of German scavengers. They seemed to be investi-
gating the barrels and carrying away the spoiled
meat. When the barrels were about empty, the
storekeeper learned that the supposed meat was in
reality sauerkraut!

The outstanding fact about these camps was
that they possessed no solidarity. Each man
expected to exploit the diggings and then to
depart for more congenial climes. He wished
to undertake just as little responsibility as he
possibly could. With so-called private affairs
other than his own he would have nothing to do.
The term private affairs was very elastic, stretch-
ing often to cover even cool-blooded murder.
When matters arose affecting the whole public wel-
fare in which he himself might possibly become in-
terested, he was roused to the point of administering
justice. The pimishments meted out were fines,
flogging, banishment, and, as a last resort, lynch-
ing. Theft was considered a worse offense than
killing. As the mines began to fill up with the
more desperate characters who arrived in 1850
and 1851, the necessity for goveniisieiiV*Vas2t^»aft^*

118 THE FORTY-NINEBS

At this time, but after the leveling eflPect of uni-
versal labor had had its full effect, the men of
personality, of force and influence, began to come
to the front. A fresh aristocracy of ability, of in-
fluence, of character was created.

CHAPTER IX

THE URBAN FORTY-NINER

In popular estimation the interest and romance of
the Forty-niners center in gold and mines. To
the close student, however, the true significance
of their lives is to be f oimd even more in the city
of San Francisco.

At first practically everybody came to CaJi-
f omia imder the excitement of the gold rush and
with the intention of having at least one try at the
mines. But though gold was to be found in
xmprecedented abimdance, the getting of it was at
test extremely hard work. Men fell sick both
in body and spirit. They became discouraged.
Extravagance of hope often resulted, by reaction,
in an equal exaggeration of despair. The prices
of everything were very high. The cost of medi-
cal attendance was almost prohibitory. Men
4Sometimes made large daily sums in the placers;
but necessary expenses reduced tTafcVt ti<^\. VaRsso^^Xs^

119

120 THE FORTY-NINERS

small wages. Ryan gives this account of an inter-
view with a returning miner: "He readily entered
into conversation and informed us that he had
passed the summer at the mines where the exces-
sive heat during the day, and the dampness of the
ground where the gold washing is performed, to-
gether with privation a^d fatigue, had brought on
fever and ague which nearly proved fatal to him.
He had frequently given an oimce of gold for the
visit of a medical man, and on several occasions
had paid two and even three oimces for a single
dose of medicine. He showed us a pair of shoes,
nearly worn out, for which he had paid twenty-
four dollars. '* Later Ryan says: "Only such men
as can endure the hardship and privation inciden-
tal to life in the mines are likely to make fortunes
by digging for the ore. I am unequal to the task
... I think I could within an hour assemble in
this very place from twenty to thirty individuals
of my own acquaintance who had all told the same
story. They were thoroughly dissatisJBed and
disgusted with their experiment in the gold coun-
try. The truth of the matter is that only traders,
speculators, and gamblers make large fortunes.'*
Only rarely did men of cool enough heads and
far enough sight eschew from the very beginning

THE URBAN FORTY-NINER 121

all notion of getting rich quickly in the placers,
and deliberately settle down to make their for-
times in other ways.

This conclusion of Ryan's throws, of course,
rather too dark a tone over the picture. The
"hardy miner" was a reality, and the life in the
placers was, to such as he, proiBtable and pleasant.
However, this point of view had its influence in
turning back from the mines a very large propor-
tion of those who first went in. Many of them
drifted into mercantile pursuits. Harlan tells us:
"During my sojourn in Stockton I mixed freely
with the returning and disgusted miners from
whom I learned that they were selling their min-
ing implements at ruinously low prices. An idea
struck me one day which I immediately acted
upon for fear that another might strike in the
same place and cause an explosion. The heaven-
bom idea that had penetrated my cranium was
this : start in the mercantile line, purchase the kits
and implements of the returning miners at low
figures and sell to the greenhorns en route to the
mines at California prices. " In this manner
innumerable occupations supplying the obvious
needs were taken up by many returned miners. A
certain proportion drifted to crima ot ^^^ ^kj»

THE FORTY-NINERS
vices, but the large majority returned to San
Francisco, whence they either went home com-
pletely discouraged, or with renewed energy
and better-appHcd ability took hold of the des-
tinies of the new city. Thus another sort of
Forty-niner became in his way as significant and
strong, as effective and as romantic as his brother,
the red-shirted Forty-niner of the diggings.

But in addition to the miners who had made
their stakes, who had given up the idea of mining,
or who were merely waiting for the winter's rains
to be over to go back again to the diggings, an ever
increasing immigration was coming to San Fran-
cisco with the sole idea of settling in that place.. I
All classes of men were represented. Many of the
big mercantile establishments of the East were
sending out their agents. Independent merchants
sought the rewards of speculation. Gamblers also
perceived opportunities for big killings. Pro-
fessional politicians and cheap lawyers, largely
from the Southern States, unfortunately also
saw their chance to obtain standing in a new
community, having lost all standing in their own.
The result of the mixing of these various chemical
elements of society was an extraordinary boiling ,
and bubbling.

THE URBAN FORTY-NINER 12S

When Commander Montgomery hoisted the
American flag in 1846, the town of Yerba Buena,
as San Francisco was called, had a population of
about two himdred. Before the discovery of gold
it developed under the influence of American
enterprise normally and rationally into a prosper-
ous little town with two hotels, a few private
dwellings, and two wharves in the process of
construction. Merchants had established them-
selves with connections in the Eastern States,
in Great Britain, and South America. Just be-
fore the discovery of gold the population had
increased to eight hundred and twelve.

The news of the placers practically emptied
the town. It would be curious to know exactly
how many human souls and chickens remained
after Brannan's Califomia Star published the
authentic news. The commonest necessary activi-
ties were utterly neglected, shops were closed
and barricaded, merchandise was left rottmg
on the wharves and the beaches, and the prices
of necessities rose to tremendous altitudes. The
place looked as a deserted mining-camp does now.
The few men left who would work wanted ten or
even twenty dollars a day for the commonest
labor.

124 THE FORTY-NINERS

However, the eaxly pioneers were hard-headed
citizens. Many of the shopkeepers and mer-^
chants, after a short experience of the mines,,
hurried back to make the inevitable fortune that
must come to the middleman in these extraordi-
nary times. Within the first eight weeks of the gold
excitement two hundred and fifty thousand dollars
in gold dust reached San Francisco, and within
the following eight weeks six hundred thousand
dollars more came in. All of this was to purchase
supplies at any price for the miners.

This was in the latter days of 1848. In the first
part of 1849 the immigrants began to arrive.
They had to have places to sleep, things to eat,
transportation to the diggings, outfits of various
sorts. In the first six months of 1849 ten thou-
sand people piled down upon the little city built
to accommodate eight hundred. And the last six
months of the year were still more extraordinary,^
as some thirty thousand more dumped themselves
on the chaos of the first immigration. The result
can be imagined. The city was mainly of canvas
either in the form of tents or of crude canvas and
wooden houses. The few substantial buildings
stood like rocks in a tossing sea. No attempt,
of course, had been made as yet toward public

THE URBAN FORTY-NINER 125

improvements. The streets were ankle-deep in
dust or neck-deep in mud. A great smoke of dust
hung perpetually over the city, raised by the trade
winds of the afternoon. Hundreds of ships lay at
anchor in the harbor. They had been deserted by
their crews, and, before they could be re-manned,
the faster clipper ships, built to control the
fluctuating western trade, had displaced the^m,
so that the majority were fated never again to
put to sea.

Newcomers landed at first on a flat beach of
deep black sand, where they generally left their
personal effects for lack of means of transportation.
They climbed to a ragged thoroughfare of open
sheds and ramshackle buildings, most of them in
the course of construction. Beneath crude shel-
ters of all sorts and in great quantities were goods
brought in hastily by eager speculators on the
high prices. The four himdred deserted ships
lying at anchor in the harbor had dumped down
on the new community the most ridiculous assort-
ment of necessities and luxuries, such as calico,
silk, rich furniture, mirrors, knock-down houses,
cases and cases of tobacco, clothing, statuary,
mining-implements, provisions, and the like.

The hotels and lodging \io\]Lse^ \TXiECkfc$JsaXs§c^

126 THE FORTY-NINERS H

became verj' numerous. Though they were m
reality only overcrowded bunk-houses, the most
enormous prices were charged for beds in them.
People lay ten or twenty in a single room — in row
after row of cots, in bunks, or on the floor. Be-
tween the discomfort of hard beds, fleas, and over-
crowding, the entire populace spent most of its
time on the street or in the saloons and gambling-
houses. As some one has pointed out, this custom
added greatly to the apparent population of the
place. Gambling was the gaudiest, the best-
paying, and the most patronized industry. It
occupied the largest structures, and it probably im-
ported and installed the first luxuries. Of these
resorts the EI Dorado became the most famous.
It occupied at first a large tent but soon found
itself forced to move to better quarters. The
rents paid for buildings were enormous. Three
thousand dollars a month in advance was charged
for a single small store made of rough boards. A
two-story frame building on Kearny Street near
the Plaza paid its owners a hundred and twenty
thousand dollars a year rent. The tent containing
the El Dorado gambling saloon was rented for
forty thousand dollars a year. The prices sky-
rocketed stiU higher. Miners paid as high as

THE URBAN FORTY-NINER

two hundred dollars for an ordinary gold rocker,
fifteen or twenty dollars for a pick, the same
for a shovel, and so forth. A copper coui was
considered a curiosity, a half-dollar was the mini-
mum tip for any small service, twenty-five cents
was the smallest coin in circulation, and the least
price tor which anything could be sold. Bread
came to fifty cents a loaf. Good boots were a
hundred dollars.

Affairs moved very swiftly. A month was
the unit of time. Nobody made bargains for more
than a month in advance. Interest was charged
on money by the month. Indeed, conditions
changed so fast that no man pretended to estimate
them beyond thirty days ahead, and to do even
that was considered rather a gamble. Real estate
joined the parade of advance. Little holes in
sand-hills sold for fabulous prices. The sick,
destitute, and discouraged were submerged be-
neath the moanting tide of vigorous optimism that
bore on its crest the strong and able members
of the community. Every one either was rich
or expected soon to be so. Opportunity awaited
every man at every comer. Men who knew how
to take advantage of fortune's gifts were assured
of immediate liigh returns. Those 'NWi «i'ii:^-*»N.

19S THE FORTY-NINERS

were, of course, enabled to take advantage of
the opportunities more quickly ; but the ingenious
mind saw its chances even with nothing to start on.

One man, who landed broke but who possessed
two or three dozen old newspapers used as packing,
sold them at a dollar and two dollars apiece and so
made his start. Another immigrant with a few
packages of ordinary tin tacks exchanged them
with a man engaged in putting up a canvas house
for their exact weight in gold dust. Harlan tells
of walking along the shore of Happy Valley and
finding it lined with discarded pickle jars and
bottles. Remembering the high price of pickles
in San Francisco, he gathered up several hundred
of them, bought a barrel of cider vinegar from a
newly-arrived vessel, collected a lot of cucumbers,
and started a bottling works. Before night, he
said, he had cleared over three hundred dollars.
With this he made a comer in tobacco pipes by
which he realized one hundred and fifty dollars
in twenty-four hours.

Mail was distributed soon after the arrival of
the mail-steamer. The indigent would often sit
up a day or so before the expected arrival of the
mail-steamer holding places in line at the post-^
oflSce. They expected no letters but could sell

THE URBAN FORTY-NINER 129

the advantageous positions for high prices when
the mail actually arrived. He was a poor-spirited
man indeed who by these and many other
equally picturesque means could not raise his gold
slug in a reasonable time; and, possessed of fifty
dollars, he was an independent citizen. He could
increase his capital by interest compoimded every
day, provided he used his wits; or for a brief span
of glory he could live with the best of them. A
story is told of a new-come traveler offering a
small boy fifty cents to carry his valise to the
hotel. The urchin looked with contempt at the
coin, fished out two fifty-cent pieces, handed them
to the owner of the valise, saying "Here^s a dollar;
carry it yourself. "

One John A. McGlynn arrived without assets.
He appreciated the opportunity for ordinary team-
ing, and hitching California mules to the only and
exceedingly decrepit wagon to be found he started
in business. Possessing a monopoly, he charged
what he pleased, so that within a short time he
had driving for him a New York lawyer, whom he
paid a hundred and seventy-five dollars a month.
His outfit was magnificent. When somebody
joked with him about his legal talent, he replied,
"The whole business of a lavryet \a\,o\sva^ V<3^

130 THE FORTY-NINERS

to manage mules and asses so as to make them
pay." When within a month plenty of wagons
were imported, McGlynn had so well established
himself and possessed so much character that he
became ex officio the head of the industry. He
was evidently a man of great and solid sense and
was looked up to as one of the leading citizens.

Every human necessity was crying out for its
ordinary conveniences. There were no streets,.
there were no hotels, there were no lodging-houses,
there were no warehouses, there were no stores,
there was no water, there was no fuel. Any one
who could improvise anything, even a bare substi-
tute, to satisfy any of these needs, wa? sure of
immense returns. In addition, the populace
was so busy — so overwhelmingly busy — with its
own affairs that it literally could not spare a
moment to govern itself. The professional and
daring politicians never had a clearer field. They
went to extraordinary lengths in all sorts of graft-
ing, in the sale of public real estate, in every " she-
nanigan " known to skillful low-grade politicians.
Only occasionally did they go too far, as when, in
addition to voting themselves salaries of six
thousand dollars apiece as aldermen, they coolly
voted themselves also gold medals to the value of

THE URBAN FORTY-NINER ISl

one hundred and fifty dollars apiece "for public
and extra services." Then the determined citi-
zens took an hour off for the council chambers.
The medals were cast into the melting-pot.

All writers agree, in their memoirs, that the
great impression left on the mind by San Fran-
cisco was its extreme busyness. The streets were
always cranuned full of people running and darting
in all directions. It was, indeed, a heterogeneous
mixture. Not only did the Caucasian show him-
self in every extreme of costume, from the most
exquisite top-hatted dandy to the red-shirted
miner, but there were also to be found all the
picturesque and unknown races of the earth,
the Chinese, the Chileno, the Moor, the Turk, the*
Mexican, the Spanish, the Islander, not to speak of
ordinary foreigners from Russia, England, France,
Belgium, Germany, Italy, and the out-of-the-way
comers of Europe. All these people had tre-
mendous affairs to finish in the least possible time.
And every once in a while some individual on
horseback would sail down the street at full speed,
scattering the crowd left and right. If any one
remarked that the marauding individual should
be shot, the excuse was always offered, "Oh, well,
don't mind him. He's only drunk," as if that

132 THE FORTY-NINERS

excused everything. Many of the activities of the
day also were picturesque. As there were no
warehouses in which to store goods, and as the few
structures of the sort charged enormous rentals,
it was cheaper to auction off immediately all
consignments. These auctions were then, and
remained for some years, one of the features of the
place. The more pretentious dealers kept brass
bands to attract the crowd. The returning miners
were numerous enough to patronize both these
men and the cheap clothing stores, and having
bought themselves new outfits, generally cast the
old ones into the middle of the street. Water was
exceedingly scarce and in general demand, so that
laundry work was high. It was the fashion of these
gentry to wear their hair and beards long. They
sported red shirts, flashy Chinese scarves around
their waists, black belts with silver buckles, six-
shooters and bowie-knives, and wide floppy hats.
The business of the day over, the evening was
open for relaxation. As the hotels and lodging-
houses were nothing but kennels, and very crowded
kennels, it followed that the entire population
gravitated to the saloons and gambling places.
Some of these were established on a very extensive
scale. They had not yet attained the magnificence

THE URBAN FORTY-NINER 133

of the Fifties, but it is extraordinary to realize
that within so few months and at such a great
distance from civilization, the early and enter-
prising managed to take on the trappings of lux-
ury. Even thus early, plate-glass mirrors, expen-
sive furniture, the gaudy, tremendous oil paintings
peculiar to such dives, prism chandeliers, and the
like, had made their appearance. Later, as will
be seen, these gambling dens presented an aspect
of barbaric magnificence, unique and peculiar to
the time and place. In 1849, however gorgeous
the trappings might have appeared to men long
deprived of such things, they were of small impor-
tance compared with the games themselves. At
times the bets were enormous. Soule tells us
that as high as twenty thousand dollars were
risked on the turn of one card. The ordinary
stake, however, was not so large, from fifty cents
to five dollars being about the usual amount.
Even at this the gamblers were well able to pay
the high rents. Quick action was the word.
The tables were always crowded and bystanders
many deep waited to lay their stakes. Within a
year or so the gambling resorts assumed rather the
nature of club-rooms, frequented by every class,
many of whom had no intention of gambling.

THE FORTY-NINERS

len met to talk, read the newspapers, write<J I
letters, or perhaps take a turn at the tables. But
in 1849 the fever of speculation held every man
in its grip.

Again it must be noted how wide an epoch can
be spanned by a month or two. The year 1849
was but three hundred and sixty-five days long,
and yet in that space the community of San Fran-
cisco passed through several distinct phases. It
grew visibly like the stalk of a century plant.

Of public improvements there were aJmost
none. The few that were undertaken sprang from
absolute necessity. The town got through the
summer season fairly well, but, as the winter that
year proved to be an imusually rainy time, it
soon became evident that something must be
done. The streets became bottomless pits of
mud. It is stated, as plain and sober fact, that in
some of the main thoroughfares teams of mules
and horses sank actually out of sight and were
suffocated. Foot travel was almost impossible
unless across some sort of causeway. Lumber
was so expensive that it was impossible to use
it for the purpose. Fabulous quantities of goods
sent in by speculators loaded the market and
would sell so low that it was actually cheaper to

THE URBAN FORTY-NINER 135

use bales of them than to use planks. Thus
one muddy stretch was paved with bags of Chilean
flour, another with tierces of tobacco, while over
still another the wayfarers proceeded on the tops
of cook stoves. These sank gradually in the soft
soil until the tops were almost level with the mud.
Of course one of the first acts of the merry jester
was to shy the stove lids ofif into space. The
footing especially after dark can be imagined.
Crossing a street on these things was a perilous
traverse watched with great interest by spectators
on either side. Often the hardy adventurer, after
teetering for some time, would with a descriptive
oath sink to his waist in the slimy mud. If the
wayfarer was drunk enough, he then proceeded
to pelt his tormentors with missiles of the sticky
slime. The good humor of the community saved
it from absolute despair. Looked at with cold
appraising eye, the conditions were decidedly
uncomfortable. In addition there was a grimmer
side to the picture. Cholera and intermittent
fever came, brought in by ships as well as by over-
land immigrants, and the death-rate rose by leaps
and bounds.

The greater the hardships and obstacles, the
higher the spirit of the cornxmixdV.'^ xosfc \» TDkR5^

136 THE FORTY-NINERS

them. In that winter was bom the spirit that has
animated San Francisco ever since, and that so
nobly and cheerfully met the final great trial of
the earthquake and fire of 1906.

About this time an undesirable lot of immigrants
began to arrive, especially from the penal colo-
nies of New South Wales. The criminals of the
latter class soon became known to the populace as
"Sydney Ducks." They formed a nucleus for an
adventurous, idle, pleasure-loving, dissipated set
of young sports, who organized themselves into
a loose band very much on the order of the East
Side gangs in New York or the "hoodlums'* in
later San Francisco, with the exception, however,
that these young men affected the most meticulous
nicety in dress. They perfected in the spring
of 1849 an organization called the Regulators,
announcing that, as there was no regular police
force, they would take it upon themselves to
protect the weak against the strong and the new-
comer against the bunco man. Every Sunday
they paraded the streets with bands and banners.
Having no business in the world to occupy them,
and holding a position unique in the community,
the Regulators soon developed into practically a
band of cut-throats and robbers, with the object

THE URBAN FORTY-NINER 1S7

of relieving those too weak to bear alone the
weight of wealth. The Regulators, or Hounds, as
they soon came to be called, had the great wisdom
to avoid the belligerent and resourceful pioneer.
They issued from their headquarters, a large tent
near the Plaza, every night. Armed with clubs
and pistols, they descended upon the settlements
of harmless foreigners living near the outskirts,
relieved them of what gold dust they possessed,
beat them up by way of warning, and returned
to headquarters with the consciousness of a duty
well done. The victims found it of little use to
appeal to the alcalde^ for with the best disposition
in the world the latter could do nothing without
an adequate police force. The ordinary citizen,
much too interested in his own affairs, merely took
precautions to preserve his own skin, avoided dark
and unfrequented alleyways, barricaded his doors
and windows, and took the rest out in contemptu-
ous cursing.

Encouraged by this indifference, the Hounds
naturally grew bolder and bolder. They con-
sidered they had terrorized the rest of the com-
munity, and they began to put on airs and swagger
in the usual manner of bullies everywhere. On
Sunday afternoon of July 15, they isaajAfc ^ ^^^

188 THE FORTY-NINERS

on some California ranches across the bay, oarta
sibly as a picnic expedition, returning triumphant
and very drunk. For the rest of the afternoon
with streaming banners they paraded the streets,
discharging firearms and generally shooting up the
town. At dark they descended upon the Chilean
quarters, tore down the tents, robbed the Chileans,
beat many of the men to insensibility, ousted the
women, killed a number who had not already fled,
and returned to town only the following morning.
This proved to be the last straw. The busy
citizens dropped their own affairs for a day and got
together in a mass meeting at the Plaza. All work
was suspended and all business houses were closed.
Probably all the inhabitants in the city with the
exception of the Hounds had gathered together.
Our old friend, Sam Brannan, possessing the gift
of a fiery spirit and an arousing tongue, addressed
the meeting. A sum of money was raised for
the despoiled foreigners. An organization was
effected, and armed posses were sent out to arrest
the ringleaders. They had little difficulty. Many
left town for foreign parts or for the mines, where
they met an end easily predicted. Others were
condemned to various punishments. The Hounds
'ere thoroughly broken up in an astonishingly

THE URBAN FORTY-NINER 1S9

brief time. The real significance of their great
career is that they called to the attention of the
better class of citizens the necessity for at least a
sketchy form of government and a framework of
law. Such matters as city revenue were biiought
up for practically the first time. Gambling*
houses were made to pay a license. Real estate,
auction sales, and other licenses were also taxed.
One of the ships in the harbor was drawn up on
shore and was converted into a jail. A district-
attorney was elected, with an associate. The
whole municipal structure was still about as rudi-
mentary as the streets into which had been thrown
armfuls of brush in a rather hopeless attempt to
furnish an artificial bottom. It was a beginning,
however, and men had at last turned their eyes
even momentarily from their private affairs to
consider the welfare of this unique society which
was in the making.

CHAPTER X

ORDEAL BT FIRE

San Francisco in the early years must be con-
sidered, aside from the interest of its picturesque-
ness and aside from its astonishing growth, as a
crucible of character. Men had thrown oflF all
moral responsibility. Gambling, for example, was
a respectable amusement. People in every class
of life frequented the gambling saloons openly
and without thought of apology. Men were lead-
ing a hard and vigorous life; the reactions were
quick; and diversions were eagerly seized. Decent
women were absolutely lacking, and the women
of the streets had as usual followed the army of
invasion. It was not considered at all out of the
ordinary to frequent their company in public, and
men walked with them by day to the scandal of no-
body. There was neither law nor restraint. Most
men were drunk with sudden wealth. The battle
was, as ever, to the strong.

140

ORDEAL BY FIRE 141

There was every inducement to indulge the
personal side of life. As a consequence, many
formed habits they could not break, spent all of
their money on women and drink and gambling,
ruined themselves in pocket-book and in health,
returned home broken, remained sodden and
hopeless tramps, or joined the criminal class.
Thousands died of cholera or pneumonia; hundreds
committed suicide; but those who came through
formed the basis of a race remarkable today for
its strength, resourcefulness, and optimism. Char-
acters solid at bottom soon come to the inevitable
reaction. They were the forefathers of a race
of people which is certainly diflFerent from the
inhabitants of any other portion of the country.

The first public test came with the earliest of
the big fires that, within the short space of eighteen
months, six times burned San Francisco to the
groimd. This fire occurred on December 4, 1849.
It was customary in the saloons to give negroes a
free drink and tell them not to come again. One
did come again to Dennison*s; he was flogged, and
knocked over a lamp. Thus there started a confla-
gration that consumed over a million dollars* worth
of property. The valuable part of the property,
it must be confessed, was in \Xi^ loxxa. c>\ ^qkAs^-.

142 THE FORTY-NINERS

as the light canvas and wooden shacks were of
little worth. Possibly the fire consumed enough
germs and germ-breeding dirt to pay partiaUy for
itself. Before the ashes had cooled, the enter-
prising real estate owners were back reerecting
the destroyed structures.

This first fire was soon followed by others, each
intrinsically severe. The people were splendid in
enterprise and spirit of recovery; but they soon
realized that not only must the buildings be
made of more substantial material, but also that
fire-fighting apparatus must be bought. In June,
1850, four hundred houses were destroyed; in
May, 1851, a thousand were burned at a loss
of two million and a half; in June, 1851, the town
was razed to the water's edge. In many places
the wharves were even disconnected from the
shore. Everywhere deep holes were burned in
them, and some people fell through at night and
were drowned. In this fire a certain firm, Dewitt
and Harrison, saved their warehouse by knocking
in barrels of vinegar and covering their building
with blankets soaked in that liquid. Water was
unobtainable. It was reported that they thus
used eighty thousand gallons of vinegar, but
saved their warehouse.

ORDEAL BY FIRE 143

The loss now had amounted to something like
twelve million dollars for the large fires. It be-
came more evident that something must be done.
From the exigencies of the situation were developed
the volunteer companies, which later became
powerful political, as well as fire-fighting, organi-
zations. There were many of these. In the old
Volunteer Department there were foiuleen engines,
three hook-and-ladder companies, and a number
of hose companies. Each possessed its own house,
which was in the nature of a club-house, well
supplied with reading and drinking matter. The
members of each company were strongly partisan.
They were ordinarily drawn from men of similar
tastes and position in life. Gradually they came
to stand also for similar poUtical interests, and
thus grew to be, like New York's Tammany
Hall, instruments of the politically ambitious.

On an alarm of fire the members at any time
of the day and night ceased their occupation
or leaped from their beds to run to the engine-
house. Thence the hand-engines were dragged
through the streets at a terrific rate of speed by
hundreds of yelling men at the end of the ropes.
The first engine at a fire obtained the place of
honor; therefore every alaTm ^aa >i}tkfc «v^gaai Vst ^

144 THE FORTY-NINERS

breakneck race. Arrived at the scene of fire^
the water-box of one engine was connected by
hose with the reservoir of the next, and so water
was relayed from engine to engine until it was
thrown on the flames. The motive power of the
pump was supplied by the crew of each engine.
The men on either side manipulated the pump
by jerking the hand-rails up and down. Putting
out the fire soon became a secondary matter. The
main object of each company was to "wash** its
rival; that is, to pump water into the water box
of the engine ahead faster than the latter could
pump it out, thus overflowing and eternally dis-
gracing its crew. The foremen walked back and
forth between the rails, as if on quarter-decks, ex-
horting their men. Relays in uniform stood ready
on either side to take the place of those who were
exhausted. As the race became closer, the foremen
would get more excited, begging their crews to
increase the speed of the stroke, beating their
speaking trumpets into shapeless and battered
relics.

In the meantime the hook-and-ladder companies
were plying their glorious and destructive trade.
A couple of firemen would mount a ladder to the
eaves of the house to be attacked, taking with

ORDEAL BY FIRE 145

them a heavy hook at the end of a long pole or
rope. With their axes they cut a small hole in
the eaves, hooked on this apparatus, and de-
scended. At once as many firemen and volunteers
as could get hold of the pole and the rope began
to pull. The timbers would crack, break; the
whole side of the house would come out with a
grand satisfying smash. In this way the fire within
was laid open to the attack of the hose-men. This
sort of work naturally did little toward saving
the building immediately aflFected, but it was in-
tended to confine or check the fire within the area
already burning. The occasion was a grand jubi-
lation for every boy in the town — which means
every male of any age. The roar of the flames,
the hissing of the steam, the crash of the timber,
the shrieks of the foremen, the yells of applause
or of sarcastic conmaent from the crowd, and the
thud of the numerous pumps made a glorious row.
Everybody, except the owners of the buildings,
was hugely delighted, and when the fire was all
over it was customary for the unfortunate owner
further to increase the amount of his loss by deal-
ing out liquid refreshments to everybody con-
cerned. On parade days each company turned
out with its machine brougYA \,o a \3aj^ ^'sz*-^ ^

146 THE FORTY-NINERS

polish by varnish, and with the members resplend-
ent in uniform, carrying pole-axes and banners. If
the rivalries at the fire could only be ended in
a general free fight, everybody was the better
satisfied.

Thus by the end of the first period of its growth
three necessities had compelled the careless new
city to take thought of itself and of public con-
venience. The mud had forced the cleaning and
afterwards the planking of the principal roads;
the Hounds had compelled the adoption of at
least a semblance of government; and the re-
peated fires had made necessary the semi-
official organization of the fire department.

By the end of 1850 we find that a considerable
amoimt of actual progress has been made. This
came not in the least from any sense of civic
pride but from the pressure of stem necessity.
The new city now had eleven wharves, for ex-
ample, up to seventeen hundred feet in length.
It had done no little grading of its sand-hills.
The quagmire of its streets had been filled and in
some places planked. Sewers had been installed.
Flimsy buildings were being replaced by sub-
stantial structures, for which the stones in some
instances were imported from China.

ORDEAL BY FIRE U7

Yet it must be repeated that at this time little
or no progress sprang from civic pride. Each
man was for himself. But, unlike the native
Califomian, he possessed wants and desires which
had to be satisfied, and to that end he was forced,
at least in essentials, to accept responsibility and
to combine with his neighbors.

The machinery of this early civic life was very
crude. Even the fire department, which was by
far the most efficient, was, as has been indicated,
more occupied with politics, rivalry, and fun, than
with its proper function. The plank roads were
good as long as they remained unworn, but they
soon showed many holes, large and small, jagged,
splintered, ugly holes going down into the depths
of the mud. Many of these had been mended
by private philanthropists; many more had been
labeled with facetious signboards. There were
rough sketches of accidents taken from life, and
various legends such as "Head of Navigation,'*
"No bottom, " "Horse and dray lost here, " "Take
soimding," "Storage room, inquire below," "Good
fishing for teal, " and the like. As for the govern-
ment, the less said about that the better. Re-
sponsibility was still in embryo; but politics and
the law, as an irritant, were hi^lii^ ^^^^sasR.^.

148 THE FORTY-NINERS

The elections of the times were a farce and a
holiday; nobody knew whom he was voting for
nor what he was shouting for, but he voted as
often and shouted as loud as he could. Every
American citizen was entitled to a vote, and
every one, no matter from what part of the world
he came, claimed to be an American citizen and
defied any one to prove the contrary. Proof
consisted of club, sling-shot, bowie, and pistol.
A grand free fight was a refreshment to the soul.
After "a pleasant time by all was had," the
populace settled down and forgot all about the
officers whom it had elected. The latter went their
own sweet way, unless admonished by spasmodic
mass-meetings that some particularly unscrupu-
lous raid on the treasury was noted and resented.
Most of the revenue was made by the sale of
city lots. Scrip was issued in payment of debt.
This bore interest sometimes at the rate of six
or eight per cent a month.

In the meantime, the rest of the crowd went
about its own affairs. Then, as now, the American
citizen is wilhng to pay a very high price in dis-
honesty to be left free for his own pressing affairs.
That does not mean that he is himself either dis-
honest or indifferent. When the price suddenly

ORDEAL BY FIRE 149

becomes too high, either because of the increase
in dishonesty or the decrease in value of his own
time, he suddenly refuses to pay. This happened
not infrequently in the early days of California.

CHAPTER XI

THE VIGILANTES OF '51

In 1851 the price for one commodity became too
high. That commodity was lawlessness.

In two years the population of the city had
vastly increased, mitil it now numbered over thirty
thousand inhabitants. At an equal or greater
pace the criminal and lawless elements had also
increased. The confessedly criminal immigrants
were paroled convicts from Sydney and other
criminal colonies. These practiced men were
augmented by the weak and desperate from other
countries. Mexico, especially, was strongly repre-
sented. At first few in numbers and poverty-
stricken in resources, these men acted merely as
footpads, highwaymen, and cheap crooks. As
time went on, however, they gradually became
more wealthy and powerful, until they had estab-
lished a sort of caste. They had not the social
importance of many of the "higher-ups" of 1856,

150

THE VIGILANTES OF '51 151

but they were crude, powerful, and in many cases
wealthy. They were ably seconded by a class
of lawyers which then, and for some years later,
infested the coujIs of California. These men had
made little success at law, or perhaps had been
driven forth from their native haunts because of
evil practices. They played the game of law ex-
actly as the cheap criminal lawyer does today, but
with the added advantage that their activities were
controlled neither by a proper public sentiment
nor by the usual discipline of better colleagues.
Unhappily we are not yet far enough removed
from just this perversion to need further explana-
tion of the method. Indictments were fought
for the reason that the murderer's name was
spelled wrong in one letter; because, while the
accusation stated that the murderer killed his
victim with a pistol, it did not say that it was
by the discharge of said pistol; and so on. But
patience could not endure forever. The decent
element of the community was forced at last to
beat the rascals. Its apparent indiflFerence had
been only preoccupation.

The immediate cause was the cynical and open
criminal activity of an Englishman named James
Stuart. This man was a Aegeaet^Xfc cxvss^sjm^

152 THE FORTY-NINERS

of the worst type, who came into a temporary
glory through what he considered the happy cir-
cumstances of the time. Arrested for one of his
crimes, he seemed to anticipate the usual very
good prospects of escaping all penalties. There
had been dozens of exactly similar incidents, but
this one proved to be the spark to ignite a long
gathering pile of kindling. One himdred and
eighty-four of the wealthiest and most prominent
men of the city formed themselves into a secret
Committee of Vigilance. As is usual when any-
thing of importance is to be done, the busiest men
of the commimity were summoned and put to
work. Strangely enough, the first trial imder
this Committee of Vigilance resulted also in a
divided jury. The mob of eight thousand or
more people who had gathered to see justice
done by others than the appointed court finally
though grumblingly acquiesced. The prisoners
were turned over to the regular authorities, and
were eventually convicted and sentenced.

So far from being warned by this popular

demonstration, the criminal offenders grew bolder

than ever. The second great fire, in May, 1851,

was commonly believed to be the work of incen-

diaries. Patience ceased to be a virtue. The

THE VIGILANTES OF '51 153

time for resolute repression of crime had arrived.
In June the Vigilance Committee was formally
organized! Our old and picturesque friend Sam
Brannan was deeply concerned. In matters of
initiative for the public good, especially where a
limelight was concealed in the wing, Brannan
was an able and eflScient citizen. Headquarters
were chosen and a formal organization was per-
fected. The Monumental Fire Engine Com-
pany bell was to be tolled as a sumimons for the
Committee to meet.

Even before the first meeting had adjourned,
this signal was given. A certain John Jenkins
had robbed a safe and was caught after a long
and spectacular pursuit. Jenkins was an Austral-
ian convict and was known to numerous people as
an old oflFender in many ways. He was therefore
typical of the exact thing the Vigilance Committee
had been formed to prevent. By eleven o'clock
the trial, which was conducted with due decorum
and formality, was over. Jenkins was adjudged
guilty. There was no disorder either before or
after Jenkins's trial. Throughout the trial and
subsequent proceedings Jenkins's manner was un-
afraid and arrogant. He fully expected not only
that the nerve of the Committer ^oyJA ^^^ ^^^x.,

154 THE FORTY-NINERS

but that at any moment he would be rescued.
It must be remembered that the sixty or seventy
men m charge were known as peaceful unwarlike
merchants, and that against them were arrayed
all the belligerent swashbucklers of the town.
While the trial was going on, the Committee
was informed by its oflScers outside that already
the roughest characters throughout the city had
been told of the organization, and were gathering
for rescue. The prisoner insulted his captors,
still imconvinced that they meant business; then
he demanded a clergyman, who prayed for three-
quarters of an hour straight, until Mr. Ryckman,
hearing of the gathering for rescue, no longer
contained himself. Said he: "Mr. Minister, you
have now prayed three-quarters of an hour. I
want you to bring this prayer business to a halt.
I am going to hang this man in fifteen minutes."

The Committee itself was by no means sure at
all times. Bancroft tells us that "one time djaring
the proceedings there appeared some faltering
on the part of the judges, or rather a hesitancy to
take the lead in assuming responsibility and
braving what might be subsequent odium. It
was one thing for a half-drunken rabble to take
the life of a fellow man, but quite another thing

THE VIGILANTES OF '51 155

for staid church-going men of business to do it.
Then it was that William A. Howard, after watch-
ing the proceedings for a few moments, rose, and
laying his revolver on the table looked over the
assembly. Then with a slow enunciation he said,
* Gentlemen, as I understand it, we are going to
hang somebody.' There was no more halting."

While these things were going on, Sam Brannan
was sent out to communicate to the immense
crowd the Committee's decision. He was in-
structed by Ryckman, "Sam, you go out and
harangue the crowd while we make ready to move."
Brannan was an ideal man for just such a purpose.
He was of an engaging personality, of coarse
fiber, possessed of a keen sense of humor, a com-
plete knowledge of crowd psychology, and a
command of ribald invective that carried far.
He spoke for some time, and at the conclusion
boldly asked the crowd whether or not the Com-
mittee's action met with its approval. The
response was naturally very much mixed, but
like a true politician Sam took the result he
wanted. They found the lovers of order had
already procured for them two ropes, and had
gathered into some sort of coherence. The
procession marched to the Plaza ^V^^^ "i^e^sss^a*

156 THE FORTY-NINERS

was duly hanged. The lawless element gathered
at the street comers, and at least one abortive
attempt at rescue was started. But promptness
of action combined with the uncertainty of the
situation carried the Committee successfully
through. The coroner's jury next day brought in
a verdict that the deceased "came to his death on
the part of an association styling themselves a
Committee on Vigilance, of whom the following
members are implicated." And then followed nine
names. The Committee immediately countered
by publishing its roster of one hundred and eighty
names in full.

The organization that was immediately per-
fected was complete and interesting. This was
an association that was banded together and close-
knit, and not merely a loose body of citizens. It
had headquarters, company organizations, police,
equipment, laws of its own, and a regular routine
for handling the cases brought before it. Its police
force was large and active. Had the Vigilance
movement m California begun and ended with the
Committee of 1851, it would be not only necessary
but most interesting to follow its activities in detail.
But, as it was only the forenmner and trail-blazei
for the greater activities of 1856, we must save our

THE VIGILANTES OF '51 157

space and attention for the latter. SuflSce it to
say that, with only nominal interference from the
law, the first Conmiittee hanged four people and
banished a great many more for the good of their
country. Fifty executions in the ordinary way
would have had little effect on the excited populace
of the time; but in the peculiar circumstances
these four deaths accomplished a moral regenera-
tion. This revival of public conscience could not
last long, to be sure, but the worst criminals were,
at least for the time being, cowed.

Spasmodic eflforts toward coherence were made
by the criminals, but these attempts all proved
abortive. Inflammatory circulars and newspaper
articles, small gatherings, hidden threats, were
all freely indidged in. At one time a rescue of
two prisoners was accomplished, but the Monu-
mental bell called together a determined band
of men who had no great diflScidty in reclaiming
their own. The Governor of the State, secretly in
sympathy with the purposes of the Conmiittee,
was satisfied to issue a formal proclamation.

It must be repeated that, were it not for the
later larger movement of 1856, this Vigilance
ConMnittee would merit more extended notice.
It gave a lead, however, and a Ix^xx^e^^^s^ ^'^

158 THE FORTY-NINERS

which the Vigilance Committee of 1856 was built.
It proved that the better citizens, if aroused,
could take matters into their own hands. But
the opposing forces of 1851 were very diflFerent
from those of five years later. And the transition
from the criminal of 1851 to the criminal of 1856
is the history of San Francisco between those two
dates.

CHAPTER Xn

SAN FRANCISCO IN TRANSITION

By the mid-fifties San Francisco had attained
the dimensions of a city. Among other changes
of public interest within the brief space of two
or three years were a hospital, a library, a ceme-
tery, several churches, public markets, bathing
estabUshments, public schools, two race-courses,
twelve wharves, five hundred and thirty-seven
saloons, and about eight thousand women of
several classes. The population was now about
fifty thousand. The city was now of a fairly sub-
stantial character, at least in the down-town dis-
tricts. There were many structures of brick and
stone. In many directions the sand-hills had been
conveniently graded, down by means of a power
shovel called the Steam Paddy in contradistinc-
tion to the hand Paddy, or Irishman with a shovel.
The streets were driven straight ahead regardless
of contours. It is related that oftew. \3ckfc \xJmj5sss.-

15Q

160 THE FORTY-NINERS

tants of houses perched on the sides of the sand-
hills would have to scramble to safety as their
dwellings rolled down the bank, undermined by
some grading operation below. A water system
had been established, the nucleus of the present
Spring Valley Company. The streets had nearly
all been planked, and private enterprise had
carried the plank toll-road even to the Mission
district. The fire department had been brought
to a high state of perfection. The shallow waters
of the bay were being filled up by the rubbish
from the town and by the debris from the opera-
tions of the Steam Paddies. New streets were
formed on piles extended out into the bay. Houses
were erected, also on piles and on either side of
these marine thoroughfares. Gradually the rub-
bish filled the skeleton framework. Occasionally
old ships, caught by this seaward invasion, were
built around, and so became integral parts of the
city itself.

The same insistent demand that led to increasing
the speed of the vessels, together with the fact
that it cost any ship from one hundred to two
hundred dollars a day to lie at any of the wharves,
developed an extreme eflSciency in loading and
unloading cargoes. Hittell says that probably

SAN FRANCISCO IN TRANSITION 161

in no port of the world could a ship be emptied as
quickly as at San Francisco. For the first and last
time in the history of the world the profession of
stevedore became a distinguished one. In addition
to the overseas trade, there were now many ships,
driven by sail or steam, plying the local routes.
Some of the river steamboats had actually been
brought around the Horn. Their free-board had
been raised by planking-in the lower deck, and
thus these frail vessels had sailed their long and
stormy voyage — truly a notable feat.

It did not pay to hold goods very long. Eastern
shippers seemed, by a curious imanimity, to send
out many consignments of the same scarcity. The
result was that the high prices of today would be
utterly destroyed by an oversupply of tomorrow.
It was thus to the great advantage of every merchant
to meet his ship promptly, and to gain knowledge
as soon as possible of the cargo of the incoming
vessels. For this purpose signal stations were
established, rowboat patrols were organized, and
many other ingenious schemes was applied to the
secret service of the mercantile business. Both in
order to save storage and to avoid the possibility
of loss from new shipments coming in, the goods
were auctioned oflf as soon as therj >««i^\^sjA^^-

162 THE FORTY-NINERS

These auctions were most elaborate institutions
involving brass bands, comfortable chairs, elo-
quent "spielers," and all the rest. They were a
feature of the street life, which in turn had an
interest all its own. The planking threw back a
hollow reverberating sound from the various
vehicles. There seemed to be no rules of the
road. Omnibuses careered along, every window
rattling loudly; drays creaked and strained; non-
descript delivery wagons tried to outrattle the
omnibuses; horsemen picked their way amid the
mSlee. The din was described as something ex-
traordinary — hoofs drumming, wheels rumbling,
oaths and shouts, and from the sidewalk the blare
and bray of brass bands before the various auction
shops. Newsboys and bootblacks darted in all
directions. Cigar boys, a peculiar product of
the time, added to the hubbub. Bootblacking
stands of the most elaborate description were
kept by French and Italians. The town was full
of characters who delighted in their own eccen^
tricities, and who were always on public view,
One individual possessed a remarkably intelligent
pony who every morning, without guidance from
his master, patronized one of the shoe-blacking
stands to get his front hoofs polished. He pre-

SAN FRANCISCO IN TRANSITION 163

sented each one in turn to the foot-rest, and stood
like a statue until the job was done.

Some of the numberless saloons already showed
signs of real magnificence. Mahogany bars with
brass rails, huge mirrors in gilt frames, pyramids
of delicate crystal, rich hangings, oil paintings of
doubtful merit but indisputable interest, heavy
chandeUers of glass prisms, the most elaborate
of free lunches, skillful barkeepers who mixed
drinks at arm's length, were common to all the
better places. These things would not be so
remarkable in large cities at the present time, but
in the early Fifties, only three years after the tent
stage, and thousands of miles from the nearest
civilization, the enterprise that was displayed
seemed remarkable. The question of expense did
not stop these early worthies. Of one saloon-
keeper it is related that, desiring a pimch bowl
and finding that the only vessel of the sort was a
soup-tureen belonging to a large and expensive
dinner set, he bought the whole set for the sake of
the soup-tureen. Some of the more pretentious
places boasted of special attractions: thus one
supported its ceiling on crystal pillars; another
had dashing young women to serve the drinks,
though the mixing was done by iriea. ^^ \\.^m^\

164 THE FORTY-NINERS

a third possessed a large musical-box capable of
playing several very noisy tunes; a fourth had
imported a marvelous piece of mechanism run
by clockwork which exhibited the sea in motion,
a ship tossing on the waves, on shore a windmill
in action, a train of cars passing over a bridge,
a deer chased by hounds, and the like.

But these barrooms were a totally different
institution from the gambling resorts. Although
gambling was not now considered the entu-ely
worthy occupation of a few years previous, and al-
though some of the better citizens, while frequenting
the gambling halls, still preferred to do their own
playing in semi-private, the picturesqueness and
glory of these places had not yet been dimmed by
any general popular disapproval. The gambling
halls were not only places to risk one's fortune,
but they were also a sort of evening dub. They
usually supported a raised stage with footlights,
a negro minstrel troop, or a singer or so. On one
side elaborate bars of rosewood or mahogany ran
the entire length, backed by big mirrors of French
plate. The whole of the very large main floor
was heavily carpeted. Down the center generally
ran two rows of gambling tables offering various
games such as faro, keeno, roulette, poker, and the

SAN FRANCISCO IN TRANSITION 165

dice games. Beyond these tables, on the opposite
side of the room from the bar, were the lounging
quarters, with small tables, large easy-chairs,
settees, and fireplaces. Decoration was of the
most ornate. The ceilings and walls were gener-
ally white with a great deal of gilt. All classes
of people frequented these places and were wel-
comed there. Some were dressed in the height
of fashion, and some wore the roughest sort of
miners' clothes — floppy old slouch hats, flannel
shirts, boots to which the dried mud was clinging
or from which it fell to the rich carpet. All were
considered on an equal plane. The professional
gamblers came to represent a type of their own,
— weary, indifferent, pale, cool men, who had not
only to keep track of the game and the bets,
but also to assure control over the crowd about
them. Often in these places immense sums were
lost or won; often in these places occurred crimes
of shooting and stabbing; but also into these
places came many men who rarely drank or gam-
bled at all. They assembled to enjoy each other's
company, the brightness, the music, and the soci-
able warmth.

On Sunday the populace generally did one of two
things : either it sallied out in small ^ws:^^ \£^J^l

166 THE FORTY-NINERS

the surrounding country on picnics or celebrations
at some of the numerous road-houses; or it swarmed
out the plank toll-road to the Mission. To the
newcomer the latter must have been much the
more interesting. There he saw a congress of
all the nations of the earth: French, Germans,
Italians, Russians, Dutchmen, British, Turks,
Arabs, Negroes, Chinese, Kanakas, Indians, the
gorgeous members of the Spanish races, and all
sorts of queer people to whom no habitat could be
assigned. Most extraordinary perhaps were the
men from the gold mines of the Sierras. The
miners had by now distinctly segregated them-
selves from the rest of the population. They led a
hardier, more laborious life and were proud of the
fact. They attempted generally to diflFerentiate
themselves in appearance from all the rest of the
human race, and it must be confessed that they
succeeded. The miners were mostly young and
wore their hair long, their beards rough; they
walked with a wide swagger; their clothes were
exaggeratedly coarse, but they ornamented them-
selves with bright silk handkerchiefs, feathers,
flowers, with squirrel or buck tails in their hats,
with long heavy chains of nuggets, with glitter-
ing and prominently displayed pistols, revolvers.

SAN FRANCISCO IN TRANSITION 167

stilettos, knives, and dirks. Some even plaited
their beards in three tails, or tied their long hair
under their chins; but no matter how bizarre they
made themselves, nobody on the streets of blasS
San Francisco paid the slightest attention to them.
The Mission, which they, together with the crowd,
frequented, was a primitive Coney Island. Bear
pits, cockfights, theatrical attractions, side-shows,
innumerable hotels and small restaurants, saloons,
races, hammer-striking, throwing balls at negroes'
heads, and a hundred other attractions kept the
crowds busy and generally good-natured. If a
fight arose, "it was," as the Irishman says, "con-
sidered a private fight," and nobody else could
get in it. Such things were considered matters
for the individuals themselves to settle.

The great feature of the time was its extrava-
gance. It did not matter whether a man was a
public servant, a private and respected citizen,
or from one of the semi-public professions that
cater to men's greed and dissipation, he acted as »
though the ground beneath his feet were solid
gold. The most extravagant public works were
imdertaken without thought and without plan.
The respectable women vied in the magnificence
and ostentation of their costMme^ W\\3cl \3ckfc ^cFss^^eso.

168 THE FORTY-NINERS

of the lower world. Theatrical attractions at high
prices were patronized abundantly. Balls of great
magnificence were given almost every night. Pri-
vate carriages of really excellent appointment were
numerous along the disreputable planked roads or
the sandy streets strewn with cans and garbage.

The feverish life of the times reflected itself
domestically. No live red-blooded man could be
expected to spend his evenings reading a book
quietly at home while all the magnificent, splendid,
seething life of down-town was roaring in his
ears. All his friends would be out; all the news
of the day passed around; all the excitements of
the evening oflFered themselves. It was too much
to expect of human nature. The consequence was
that a great many young wives were left alone,
with the ultimate result of numerous separations
and divorces. The moral nucleus of really re-
spectable society — and there was a noticeable
one even at that time — was overshadowed and
swamped for the moment. Such a social life as
this sounds decidedly immoral but it was really
unmoral, with the bright, eager, attractive un-
morality of the vigorous child. In fact, in that
society, as some one has expressed it, everything
was condoned except meanness.

SAN FRANCISCO IN TRANSITION 169

It was the era of the grandiose. Even conversa-
tion reflected this characteristic. The -myriad
bootblacks had grand outfits and stands. The
captain of a ship- offered ten dollars to a negro
to act as his cook. The negro replied, "If you
will walk up to my restaurant, I'll set you to
work at twenty-five dollars immediately." From
men in such humble stations up to the very highest
and most respected citizens the spirit of gambling,
of taking chances, was also in the air.

As has been pointed out, a large proportion of
the city's wealth was raised not from taxation
but from the sale of its property. Under the
heedless extravagance of the first government the
municipal debt rose to over one million dollars.
Since interest charged on this was thirty-six per
cent annually, it can be seen that the financial
situation was rather hopeless. As the city was
even then often very short of funds, it paid for
its work and its improvements in certificates of
indebtedness, usually called "scrip." Naturally
this scrip was held below par — a condition that
caused all contractors and supply merchants to
charge two or three hundred per cent over the nor-
mal prices for their work and commodities in order
to keep even. And this practice^ cotm^^^^sjl^ "v^^

170 THE FORTY-NINERS

vicious circle, increased the debt. An attempt was
made to fund the city debt by handing in the scrip
in exchange for a ten per cent obligation. This
method gave promise of success ; but a number of
holders of scrip refused to surrender it, and brought
suit to enforce payment. One of these, a physician
named Peter Smith, was owed a considerable
sum for the care of indigent sick. He obtained
a judgment against the city, levied on some of its
property, and proceeded to sell. The city com-
missioners warned the public that titles imder
the Smith claim were not legal, and proceeded to
sell the property on their own account. The
speculators bought claims under Peter Smith
amounting to over two millions of dollars at
merely nominal rates. For example, one parcel
of city lots sold at less than ten cents per lot.
The prices were so absurd that these sales were
treated as a joke. The joke came in on the other
side, however, when the officials proceeded to
ratify these sales. The public then woke up to
the fact that it had been fleeced. Enormous
prices were paid for unsuitable property, os-
tensibly for the uses of the city.- After the
money had passed, these properties were often
declared unsuitable and resold at reduced

SAN FRANCISCO IN TRANSITION 171

prices ix) people already determined upon by
tiie ring.

Nevertheless commercially things went well
for a time. The needs of himdreds of thousands
of newcomers, in a coimtry where the manufac-
tures were practically nothing, were enormous.
It is related that at first laimdry was sent as far as
the Hawaiian Islands. Every single commodity of
civilized life, such as we imderstand it, had to be
imported. As there was then no remote semblance
of combination, either in restraint of or in en-
couragement of trade, it followed that the market
must fluctuate wildly. The local agents of eastern
firms were often embarrassed and overwhelmed by
the ill-timed consignments of goods. One Boston
firm was alleged to have sent out a whole shipload
of women's bonnets — to a commimity where a
woman was one of the rarest sights to be foimd!
Not many shipments were as silly as this, but the
fact remains that a rumor of a shortage in any
commodity would often be followed by rush
orders on clipper ships laden to the guards with
that same article. As a consequence the bottom
fell out of the market completely, and the un-
fortunate consignee found himself forced to auc-
tion off the goods much below cos\,«

ri7j

THE rOBTY-NTOEBS

During the year 1854, the tide of prosperity be-
gan to ebb. A dry season caused a cessation of
mining in many parts of the mountains. Of course
it can be well understood that the immense pros-
perity of the city, the prosperity that allowed it to
recover from severe financial disease, had its spring
in the placer mines. A constant stream of fresh
gold was needed to shore up the tottering com-
mercial structure. With the miners out of the
diggings, matters changed. The red-shirted digger
of gold had little idea of the value of money.
Many of them knew only the difference between
having money and having none. They had to have
credit, which they promptly wasted. Extending
credit to the miners made it necessary that credit
should also be extended to the sellers, and so on
back. Meanwhile the eastern shippers continued
to pour goods into the flooded market. An auc-
tion brought such cheap prices that they proved
a temptation even to an overstocked public.
The gold to pay for purchases went east, draining
the country of bullion. One or two of the sup-
posedly respectable and polished citizens such as
Talbot Green and "honest Harry Meiggs" fell
by the wayside. The confidence of the new com-
munity began to be shaken. In 1854 came the

SAN FRANCISCO IN TRANSITION 173

crisis. Three hundred out of about a thousand
business houses shut down. Seventy-seven filed
petitions in insolvency with liabilities for many
millions of dollars. In 1855 one hundred and
ninety-seven additional firms and several banking
houses went under.

Thete were two immediate results of this state
of affairs. In the first place, every citizen became
more intensely interested and occupied with his
own personal business than ever before; he had
less time to devote to the real causes of trouble,
that is the public instability; and he grew rather
more selfish and suspicious of his neighbor than
ever before. The second result was to attract
the dregs of society. The pickings incident to
demoraUzed conditions looked rich to these men.
Professional politicians, shyster lawyers, political
gangsters, flocked to the spoil. In 1851 the law-
lessness of mere physical violence had come to a
head. By 1855 and 1856 there was added to a
recrudescence of this disorder a lawlessness of
graft, of corruption, both political and financial,
and the overbearing arrogance of a self-made
aristocracy. These conditions combined to bring
about a second crisis in the precarious life of this
new society.

CHAPTER Xm

THE STORM GATHERS

The foundation of trouble in California at this time
was formal legalism. Legality was made a fetish.
The law was a game played by lawyers and not an
attempt to get justice done. The whole of public
prosecution was in the hands of one man, generally
poorly paid, with equally underpaid assistants,
while the defense was conducted by the ablest and
most enthusiastic men procurable. It followed that
convictions were very few. To lose a criminal case
was considered even mildly disgraceful. It was a
point of professional pride for the lawyer to get his
client free, without reference to the circumstances
of the time or the guilt of the accused. To fail was
a mark of extreme stupidity, for the game was con-
sidered an easy and fascinating one. The whole
battery of technical delays was at the command of
the defendant. If a man had neither the time nor
the energy for the finesse that made the interest of

174

THE STORM GATHERS 175

the game, he could always procure interminable
delays during which witnesses could be scattered
or else wearied to the point of non-appearance.
Changes of venue to courts either prejudiced or
known to be favorable to the technical interpre-
tation of the law were very easily procured. Even
of shadier expedients, such as packing juries, there
was no end.

With these shadier expedients, however, your
high-minded lawyer, moving in the best society,
well dressed, proud, looked up to, and today
possessing descendants who gaze back upon their
pioneer ancestors with pride, had little directly to
do. He called in as coimsel other lawyers, not
so high-minded, so honorable, so highly placed.
These little lawyers, shoulder-strikers, bribe-givers
and takers, were held in good-humored contempt
by the legal lights who employed them. The
actual dishonesty was diluted through so many
agents that it seemed an almost pure stream of
lofty integrity. Ordinary jury-packing was an
easy art. Of course the sheriff's ofiBce must con-
nive at naming the talesmen; therefore it was
necessary to elect the sheriff; consequently all the
lawyers were in politics. Of course neither the
lawyer nor the sheriff himself ever kive?« ^ «ss?^

176 THE FORTY-NINERS

individual transaction! A sum of money was
handed by the leading counsel to his next in
command and charged off as "expense." This
fimd emerged considerably diminished in the
sheriff's ofiBce as "perquisites."

Such were the conditions in the realm of criminal
law, the realm where the processes became so stand-
ardized that between 1849 and 1856 over one thou-
sand murders had been committed and only one
legal conviction had been secured ! Dueling was a
recognized institution, and a skillful shot could
always "get" his enemy in this formal manner; but
if time or skill lacked, it was still perfectly safe to
shoot him down in a street brawl — provided one
had money enough to employ talent for defense.

But, once in politics, the law could not stop at
the sheriff's ofiBce. It rubbed shoulders with
big contracts and big financial operations of all
sorts. The city was being built within a few
years out of nothing by a busy, careless, and shift-
ing population. Money was still easy, people
could and did pay high taxes without a thought,
for they would rather pay well to be let alone than
be bothered with public affairs. Like hyenas to a
kill, the public contractors gathered. Immense
public works were undertaken at enormous prices.

THE STORM GATHERS 177

To get their deals through legally it was, of course,
necessary that officials, councilmen, engineers, and
others should be sympathetic. So, naturally, the
big operators as well as the big lawyers had
to go into politics. Legal efficiency coupled with
the ineflSciency of the bench, legal corruption,
and the arrogance of personal favor, dissolved
naturally into poHtical corruption.

The elections of those days would have been a
joke had they been not so tragically significant.
They came to be a sheer farce. The polls were
guarded by bullies who did not hesitate at command
to manhandle any decent citizen indicated by the
local leaders. Such men were openly hired for the
purposes of intimidation. Votes could be bought
in the open market. "Floaters" were shame-
lessly imported into districts that might prove
doubtful; and, if things looked close, the election
inspectors and the judges could be relied on to
make things come out all right in the final coimt.
One of the exhibits later shown in the Vigilante
days of 1856 was an ingenious ballot box by which
the goats could be segregated from the sheep as the
ballots were cast. You may be sure that the sheep
were the only ones counted. Election day was one
of continuous whiskey drinking and brawling &o

178 THE FORTY-NINERS

that decent citizens were forced to remain within
doors. The returns from the different wards were
announced as fast as the votes were coimted. It
was therefore the custom to hold open certain
wards imtil the votes of all the others were known.
Then whatever tickets were lacking to secure the
proper election were counted from the packed
ballot box in the sure ward. In this manner five
hundred votes were once returned from Crystal
Springs precinct where there dwelt not over thirty
voters. If some busybody made enough of a row
to get the merry tyrants into court, there were
always plenty of lawyers who could play the ultra-
technical so well that the accused were not only re-
leased but were returned as legally elected as well.
With the proper officials in charge of the execu-
tive end of the government and with a trained crew
of lawyers making their own rules as they went
along, almost any crime of violence, corruption,
theft, or the higher grades of finance could be
committed with absolute impunity. The state of
the public mind became for a while apathetic.
After numberless attempts to obtain justice, the
public fell back with a shrug of the shoulders. The
men of better feeling found themselves helpless.
As each man's safety and ability to resent insult

THE STORM GATHERS 173

depended on his trigger finger, the newspapers of
that time made interesting but scurrilous and
scandalous reading. An appetite for personalities
developed, and these derogatory remarks ordinarily
led to personal encounters. The streets became
battle-grounds of bowie-knives and revolvers, as
rivals hunted each other out. This picture may
seem lurid and exaggerated, but the cold statistics
of the time supply all the details.

The politicians of the day were essentially
fighting men. The large majority were low-grade
Southerners who had left their section, urged
by unmistakable hints from their fellow-citizens.
The political life of early California was colored
very largely by the pseudo-chivalry which these
people used as a cloak. They used the Southern
code for their purposes very thoroughly, and
bullied their way through society in a swash-
buckling manner that could not but arouse admi-
ration. There were many excellent Southerners
in California in those days, but from the very start
their influence was overshadowed by the more
unworthy. Unfortunately, later many of the
better class of Southerners, yielding to prejudice
and sectional feeling, joined the so-called "Law
and Order" party.

180 THE FORTY-NINERS

It must be remembered, however, that whereas
the active merchants and industrious citizens were
too busy to attend to local politics, the professional
low-class Southern politician had come out to Cali-
fornia for no other purpose. To be successful, he
had to be a fighting man. His revolver and his
bowie-knife were part of his essential equipment.
He used the word "honor'* as a weapon of defense,
and battered down opposition in the most high-
mannered fashion by the simple expedient of claim-
ing that he had been insulted. The fire-eater was
numerous in those days. He dressed well, had
good manners and appearance, possessed abun-
dant leisure, and looked down scornfully on those
citizens who were busy building the city, "low
Yankee shopkeepers" being his favorite epithet.

Examined at close range, in contemporary docu-
ments, this individual has about him little of
romance and nothing whatever admirable. It
would be a great pity, were mistaken sentimentality
allowed to clothe him in the same bright-hued
garments as the cavaliers of England in the time
of the Stuarts. It would be an equal pity, were
the casual reader to condemn all who eventually
aligned themselves against the Vigilance move-
ment as of the same stripe as the criminals who

THE STORM GATHERS 181

menaced society. There were many worthy people
whose education thoroughly inclined them towards
formal law, and who, therefore, when the actual
break came, fdund themselves supporting law
instead of justice.

As long as the country continued to enjoy the
full flood of prosperity, these things did not greatly
matter. The time was individualistic, and every
man was supposed to take care of himself. But in
the year 1855 financial stringency overtook the
new community. For lack of water many of the
miners had stopped work and had to ask for credit
in buying their daily necei^sities. The country
stores had to have credit from the city because the
miners could not pay, and the wholesalers of the
city again had to ask extension from the East
until their bills were met by the retailers. The
gold of the country went East to pay its bills.
Further to complicate the matter, all banking
was at this time done by private firms. These
could take deposits and make loans and could issue
exchange, but they could not issue bank-notes.
Therefore the currency was absolutely inelastic.

Even these conditions failed to shake the public
optimism, until out of a clear sky came announce-
ment that Adams and Company Tcia.Al«^ft^. KSsasssa^

182 THE FORTY-NINERS

and Cotapany occupied in men's minds much the
same position as the Bank of England. If Adams
and Company were vuhierable, then nobody was
secure. The assets of the bankrupt firm were
turned over to one Alfred Cohen as receiver, with
whom Jones, a member of the firm of Palmer,
Cook, and Company, and a third individual were
associated as assignees. On petition of other
creditors the judge of the district court removed
Cohen and appointed one Naglee in his place.
This new man, Naglee, on asking for the assets
was told that they had been deposited with Palmer,
Cook, and Company. The latter firm refused to
give them up, denying Naglee's jurisdiction in the
matter. Naglee then commenced suit against
the assignees and obtained a judgment against
them for $269,000. On their refusal to pay over
this sum, Jones and Cohen were taken into cus-
tody. But Palmer, Cook, and Company.influenced
the courts, as did about every large mercantile or
political firm. They soon secured the release of
the prisoners, and in the general scramble for the
assets of Adams and Company they secured the
Kon's share.

It was the same old story. An immense amount
of money had disappeared. Nobody had been pun-

THE STORM GATHERS 18S

ished, and it was all strictly legal. Failures resulted
right and left. Even Wells, Fargo, and Company
closed their doors but reopened them within a
few days. There was much excitement which
would probably have died as other excitement had
died before, had not the times produced a voice of
compelling power. This voice spoke through an
individual known as James King of William.

King was a man of keen mind and dauntless
courage, who had tried his luck briefly at the
mines, reaUzed that the physical work was too
much for him, and had therefore returned to
mercantile and banking pursuits in San Francisco.
His peculiar name was said to be due to the fact
that at the age of sixteen, finding another James
King in his immediate circle, he had added his
father's name as a distinguishing mark. He was
rarely mentioned except with the full designation —
James King of William. On his return he opened a
private banking-house, brought out his family, and
entered the life of the town. For a time his bank-
ing career prospered and he acquired a moderate
fortune, but in 1854 unwise investments forced
him to close his ofiBce. In a high-minded fashion,
very unusual in those times and even now somewhat
riu*e, he surrendered to his creditors eN^x^\3cSsv^<55^

184 THE FORTY-NINERS

earth he possessed. He then accepted a salaried
position with Adams and Company, which he held
until that house also failed. Since to the outside
world his connection with the firm looked dubious,
he exonerated himself through a series of pam-
phlets and short newspaper articles. The vigor
and force of their style arrested attention, so that
when his dauntless crusading spirit, revolting
against the carnival of crime both subtle and
obvious, desired to edit a newspaper, he had no
diflBculty in raising the small sum of money neces-
sary. He had always expressed his opinions
clearly and fearlessly, and the public watched
with the greatest interest the appearance of the
new sheet.

The first number of the Daily Evening Bulletin
appeared on October 8, 1855. Like all papers of
that day and like many of the English papers now,
its first page was completely covered with small
advertisements. A thin driblet of local items
occupied a column on the third and fourth pages,
and a single column of editorials ran down the
second. As a newspaper it seemed beneath con-
tempt, but the editorials made men sit up and take
notice. King started with an attack on Palmer,
Cook, and Company's methods. He said nothing

THE STORM GATHERS 185

whatever about the robberies. He dealt exclu-
sively with the excessive rentals for postal boxes
charged the public by Palmer, Cook, and Company.
That seemed a comparatively small and harmless
matter, but King made it interesting by mention-
ing exact names, recording specific instances, avoid-
ing any generalities, and stating plainly that this
was merely a beginning in the exposure of methods.
Jones of Palmer, Cook, and Company — that same
Jones who had been arrested with Cohen — immed-
iately visited King in his office with the object of
either intimidating or bribing him as the circum-
stances seemed to advise. He bragged of horse-
whips and duels, but returned rather noncommittal.
The next evening the Bulletin reported Jones's
visit simply as an item of news, faithfully, sarcas-
tically, and in a pompous vein. There followed
no comment whatever. The next number, now
eagerly purchased by every one, was more interest-
ing because of its hints of future disclosures rather
than because of its actual information. One of
the alleged scoimdrels was mentioned by name, and
then the subject was dropped. The attention of
the City Marshal was curtly called to disorderly
houses and the statutes concerning them, and it
was added " for his information** thai ^V ^ ess^vs^ca.

186 THE FORTY-NINERS

address, which was given, a structure was then
actually being built for improper purposes. Then,
without transition, followed a list of official
bonds and sureties for which Palmer, Cook, and
Company were giving vouchers, amounting to over
two millions. There were no comments on this
list, but the inference was obvious that the firm
had the whip-hand over many public officials.

The position of the new paper was soon formally
established. It possessed a large subscription
list; it was eagerly bought on its appearance in the
street; and its advertising was increasing. King
again turned his attention to Palmer, Cook, and
Company. Each day he explored succinctly,
clearly, without rhetoric, some single branch of
their business. By the time he had finished with
them, he had not only exposed all their iniquities,
but he had, which was more important, educated
the public to the financial methods of the time.
It followed naturally in this type of exposure that
King should criticize some of the legal subterfuges,
which in turn brought him to analysis of the firm's
legal advisers, who had previously enjoyed a good
reputation. From such subjects he drifted to
dueling, venal newspapers, and soon down to the
ordinary criminals such as Billy Mulligan, Wooley

THE STORM GATHERS 187

Kearny, Casey, Cora, Yankee Sullivan, Ned Me-
Oowan, Charles Duane, and many others. Never
did he hesitate to specify names and instances.
He never dealt in innuendoes. This was bringing
him very close to personal danger, for worthies of
the class last mentioned were the sort who carried
their pistols and bowie-knives prominently dis-
played and handy for use. As yet no actual vio-
lence had been attempted against him. Other
methods of reprisal that came to his notice King
published without comment as items of news.

Mere threats had little eflFect in intimidating
the editor. More serious means were tried. A
dozen men publicly announced that they intended
to kill him — and the records of the dozen were
pretty good testimonials to their sincerity. In the
gambling resorts and on the streets bets were made
and pools formed on the probable duration of
King's life. As was his custom, he commented
even upon this. Said the Bulletin's editorial
colmnns: "Bets are now being oflFered, we have
been told, that the editor of the Bulletin will not
be in existence twenty days longer. And the case
of Dr. Hogan of the Vicksburg paper who was
murdered by gamblers of that place is cited as a
earning. Pah ! . . . War then is the ei:^ ^ v^ ^^

188 THE FORTY-NINERS

War between the prostitutes and gamblers on one
side and the virtuous and respectable on the other I
Be it so, then! Gamblers of San Francisco, you
have made your election and we are ready on our
side for the issue!** A man named Selover sent
a challenge to King. King took this occasion to
announce that he would consider no challenges
and would fight no duels. Selover then announced
his intention of killing King on sight. Says the
Bulletin: "Mr. Selover, it is said, carries a knife.
We carry a pistol. We hope neither will be
required, but if this rencontre cannot be avoided,
why will Mr. Selover persist in imperiling the
lives of others.^ We pass every afternoon about
half-past four to five o'clock along Market Street
from Fourth to Fifth Streets. The road is wide
and not so much frequented as those streets
farther in town. If we are to be shot or cut to
pieces, for heaven's sake let it be done there.
Others will not be injured, and in case we fall our
house is but a few hundred yards beyond and the
cemetery not much farther." Boldness such as
this did not act exactly as a soporific.

About this time was perpetrated a crime of
violence no worse than many hundreds which
had preceded it, but occurring at a psychological

THE STORM GATHERS 189

time. A gambler named Charles Cora shot and
killed William Richardson, a United States
marshal. The shooting was cold-blooded and
without danger to the murderer, for at the time
Richardson was unarmed. Cora was at once
hustled to jail, not so much for confinement as
for safety against a possible momentary public
anger. Men had been shot on the street before —
many men, some of them as well known and as
well liked as Richardson — but not since public
sentiment had been aroused and educated as the
Bulletin had aroused and educated it. Crowds;
commenced at once to gather. Some talk of
lynching went about. Men made violent street-
comer speeches. The mobs finally surged to
the jail, but were firmly met by a strong armedl
guard and fell back. There was much destructivet
and angry talk.

But to swing a mob into action there must be
determined men at its head, and this mob had no
leader. Sam Brannan started to say something, but
was promptly arrested for inciting riot. Though
the situation was ticklish, the police seem to have
handled it well, making only a passive opposition
and leaving the crowd to fritter its energies in
purposeless cursing, surging to and fco, «xA\sscca\r

190 THE FORTY-NINERS

less threatenings. Nevertheless this crowd per*
sisted longer than most of them.

The next day the Bulletin vigorously counseled
dq)endence upon the law, expressed confidence
in the judges who were to try the case — Hager
and Norton — and voiced a personal belief that
the day had passed when it would ever be ne-
cessary to resort to arbitrary measures. It may
hence be seen how far from a contemplation of
extra legal measures was King in his public at-
titude. Nevertheless he added a paragraph of
warning: "Hang Billy Mulligan — that's the
word. If Mr. Sheriflf Scannell does not remove
Billy Mulligan from his present post as keeper
of the Coimty Jail and Mulligan lets Cora escape,
hang Billy Mulligan, and if necessary to get rid
of the sheriflf, hang him — hang the sheriflf!**

Public excitement died. Conviction seemed
absolutely certain. Richardson had been a public
official and a popular one. Cora's action had
been cold-blooded and apparently without pro-
vocation. Nevertheless he had remained undis-
turbed. He had retained one of the most brilliant
lawyers of the time, James McDougall. McDou-
gall added to his staflf the most able of the yoimger
lawyers of the city. Immense sums of money

THE STORM GATHERS 191

were available. The source is not exactly known,
but a certain Belle Cora, a prostitute afterwards
married by Cora, was advancing large amounts.
A man named James Casey, bound by some
mysterious obligation, was active in taking up
general collections. Cora lived in great luxury
at the jail. He had long been a close personal
friend of the sheriflf and his deputy. Mulligan.
When the case came to trial, Cora escaped con-
viction through the disagreement of the jury.

This fiasco, foUowing King^s editorials, had a
profoimd eflFect on the public mind. King took
the outrage against justice as a fresh starting-
point for new attacks. He assailed bitterly and
fearlessly the countless abuses of the time, until
at last he was recognized as a dangerous opponent
by the heretofore cynically amused higher crimi-
nals. Many rumors of plots against King^s life
are to be found in the detailed history of the day.
Whether his final assassination was the result of one
of these plots, or simply the outcome of a burst
of passion, matters little. Ultimately it had its
source in the ungovemed spirit of the times.

Four months after the farce of the Cora trial,
on May 14, King published an ajia^ck on the
appointment of a certain man to a posvtvo\5L\SLVlafc

192 THE FORTY-NINERS

federal custom house. The candidate had hap^
pened to be involved with James P. Casey in a
disgraceful election. Casey was at that time one
of the supervisors. Incidental to his attack on the
candidate. King wrote as follows; "It does not
matter how bad a man Casey had been, or how
much benefit it might be to the public to have him
out of the way, we cannot accord to any one
citizen the right to kill him or even beat him,
without justifiable provocation. The fact that
Casey has been an inmate of Sing Sing prison in
New York is no offense against the laws of this
Sbate; nor is the fact of his having stuffed himself
through the ballot box, as elected to the Board of
Supervisors from a district where it is said he was
not even a candidate, any justification for Mr.
Bagley to shoot Casey, however richly the latter
may deserve to have his neck stretched for such
fraud on the people. "

Casey read this editorial in full knowledge
that thousands of his fellow-citizens would also
read it. He was at that time, in addition to his
numerous political cares, editor of a small news-
paper called The Sunday Times. This had been
floated for the express purpose of supporting the
extivmists of the legalists' party, which, as we have

THE STORM GATHERS 193

explained, now included the gambling and law-
less element. How valuable he was considered
is shown by the fact that at a previous election
Casey had been returned as elected supervisor,
although he had not been a candidate, his name
had not been on the ticket, and subsequent private
investigations could unearth no man who would
acknowledge having voted for him. Indeed, he
was not even a resident of that district. However,
a slick politician named Yankee Sullivan, who ran
the election, said oflScially that the most votes had
been counted for him; and so his election was an-
nounced. Casey was a handy tool in many ways,
rarely 9'Ppearing in person but adept in selecting
suitable agents. He was personally popular. In
appearance he is described as a short, slight man
with a keen face, a good forehead, a thin but florid
countenance, dark curly hair, and blue eyes; a
type of unscrupulous Irish adventurer, with per-
haps the dash of romantic idealism sometimes
found in the worst scoundrels. Like most of his
confreres, he was particularly touchy on the sub-
ject of his "honor."

On reading the Bulletin editorials, he proceeded
at once to King's office, announcing his intention
of shooting the editor on sight. ProJa^V^ \3«^

194 THE FORTY-NINERS

would have don^ so except for the accidental cir-
cumstance that King happened to be busy at a
table with his back turned squarely to the door.
Even Casey could not shoot a man in the back
without a word of warning. He was stuttering
and excited. The interview was overheard by two
men in an adjoining office.

"What do you mean by that article?" cried
Casey.

"What article?" asked King.

**That which says I was formerly an inmate of
SingSmg."

"Is it not true?" asked King quietly.

"That is not the question. I don't wish my
past acts raked up. On that point I am sensi-
tive."

A slight pause ensued.

"Are you done?" asked King quietly. Then
leaping from the chair he burst suddenly into
excitement.

"There's the door, go! And never show your
face here again. "

Casey had lost his advantage. At the door he
gathered himself together again.

"I'll say in my paper what I please, " he asserted
with a show of bravado.

THE STORM GATHERS 195

King was again in control of himself.

"You have a perfect right to do so, " he rejoined^
"I shall never notice your paper. "

Casey struck himself on the breast.

"And if necessary I shall defend myself," he
cried.

King bounded again from his seat, livid with
anger.

"Go," he commanded sharply, and Casey went.

Outside in the street Casey found a crowd
waiting. The news of his visit to the BuUetin-
oflSce had spread. His personal friends crowded
around asking eager questions. Casey answered
with vague generalities: he wasn't a man to be
trifled with, and some people had to find out!
Blackmailing was not a healthy occupation when
it aimed at a gentleman! He left the general
impression that King had apologized. Bragging
in this manner, Casey led the way to the Bank
Exchange, the fashionable bar not far distant.
Here he remained drinking and boasting for some
time.

In the group that surrounded him was a certain
Judge Edward McGowan, a jolly, hard-drinking,
noisy individual. He had been formerly a fugitive
from justice. However, through the attractions

196 THE FORTY-NINERS

of a gay life, a combination of bullying and
intrigue, he had made himself a place in the new
city and had at last risen to the bench. He was
apparently easy to fathom, but the stream really
ran deep. Some historians claim that he had
furnished King the document which proved Casey
an ex-convict. It is certain that now he had
great influence with Casey, and that he drew
him aside from the bar and talked with him some
time in a low voice. Some people insist that he
furnished the navy revolver with which a few
moments later Casey shot King. This may be
so, but every man went armed in those days,
especially men of Casey's stamp.

It is certain, however, that after his interview
with McGowan, Casey took his place across the
street from the Bank Exchange. There, wrapped
in his cloak, he awaited King's usual promenade
home.

That for some time his intention was well
known is proved by the group that little by little
gathered on the opposite side of the street. It is a
matter of record that a small boy passing by was
commandeered and sent with a message for Peter
Wrightman, a deputy sheriflf. Pete, out of
breath, soon joined the group. T\iet^ V^ \S\fc^^

THE STORM GATHERS 197

also watching, — an official charged with the main-
tenance of the law of the land!

At just five o'clock King turned the comer, his
head bent. He started to cross the street di-
agonally and had almost reached the opposite
sidewalk when he was confronted by Casey who
stepped forward from his place of concealment
behind a wagon.

"Come on," he said, throwing back his cloak,
and immediately fired. King, who could not have
known what Casey was saying, was shot through
the left breast, staggered, and fell. Casey then
took several steps toward his victim, looked at him
closely as though to be sure he had done a good
job, let down the hammer of his pistol, picked up
his doak, and started for the police-station. All
he wanted now was a trial under the law.

The distance to the station-house was less than
a block. Instantly at the sound of the shot his
friends rose about him and guarded him to the
shelter of the lock-up. But at last the public was
aroused. Casey had unwittingly cut down a
symbol of the better element, as well as a fearless
and noble man. Someone rang the old Monu-
mental Engine House bell — the bell that VssAVk^^?^
used to call together tloie Wg\3CQXfc"& ^^^ ^&V^* '^^

198 THE FORTY-NINERS

news spread about the city like wildfire. An
immense mob appeared to spring from nowhere.

The police oflScials were no fools; they recog-
nized the quality of the approaching hurricane.
The city jail was too weak a structure. It was
desirable to move the prisoner at once to the
county jail for safe-keeping. A carriage was
brought to the entrance of an alley next the city
jail; the prisoner, closely surrounded by armed
men, was rushed to it; and the vehicle charged out
through the crowd. The mob, as yet unorganized,
recoiled instinctively before the plunging horses
and the presented pistols. Before anybody could
gather his wits, the equipage had disappeared.

The mob surged after the disappearing vehicle,
and so ended up finally in the wide open space
before the county jail. The latter was a solidly
built one-story building situated on top of a low
cliflF. North, the marshal, had drawn up his
armed men. The mob, very excited, vociferated,
surging back and forth, though they did not
rush, because ^s yet they had no leaders. At-
tempts were made to harangue the gathering, but
everywhere the speeches were cut short. At a
crucial moment the militia appeared. The crowd
thought at Grst that tlie voVwnVeet \xoo^^ ^^x^

THE STORM GATHERS 199

coming to uphold their own side, but were soon
undeceived. The troops deployed in front of the
jail and stood at guard. Just then the mayor
attempted to address the crowd.

"You are here creating an excitement/* he
said, "which may lead to occurrences this night
which will require years to wipe out. You are
now laboring under great excitement and I advise
you to quietly disperse. I assure you the prisoner
is safe. Let the law have its course and justice
will be done. "

He was listened to with respect, up to this
point, but here arose such a chorus of jeers that
he retired hastily.

"How about Richardson?" they demanded of
him. "Where is the law in Cora's case? To hell
with such justice!"

More and more soldiers came into the square,
which was soon filled with bayonets. The favor-
able moment had passed and this particular
crisis was, like all the other similar crises,
quickly over. But the city was aroused. Mass
meetings were held in the Plaza and in other
convenient localities. Many meetings took place
in rooms in diflFerent parts ot l\i^ e\\-^ . "^<kcl ^ssrssss^
by the thousands. Ve\iemevi\. ox^XiOt^ V^$^ ^sses

200 THE FORTY-NINERS

from every balcony. Some of these people were,
as a chronicler of the times quaintly expressed it,
"considerably tight." There was great diversity
of opinion. All night the city seethed with ill-
directed activity. But men felt helpless and
hopeless for want of efficient organization.

The so-called Southern chivalry called this
affair a "fight." Indeed the Herald in its issue
of the next morning, mistaking utterly the times,
held boldly along the way of its sympathies. It
also spoke of the assassination as an "affray,"
and stated emphatically its opinion that, "now
that justice is regularly administered," there
was no excuse for even the threat of public vio-
lence. This utter blindness to the meaning of
the new movement and the far-reaching effect of
King's previous campaign proved fatal to the
paper. It declined immediately. In the mean-
time, attended by his wife and a whole score of
volunteer physicians. King, lying in a room in the
Montgomery block, was making a fight for his
life.

Then people began to notice a small advertise-
ment on the first page of the morning papers,
headed The Vigilance Committee.

"The members of the Vigilance Committee in

THE STORM GATHERS 201

good standing will please meet at number 105}^
Sacramento Street, this day, Thiu-sday, fifteenth
instant, at nine o'clock A. M. By order of the
Committee op Thirteen."

People stood still in the streets, when this
notice met the eye. If this was actually the old
Committee of 1851, it meant business. There
was but one way to find out and that was to go
and see. Number 105}^ Sacramento Street was a
three-story bam-like structure that had been built
by a short-lived political party called the "Know-
Nothings." The crowd poured into the hall to
its full capacity, jammed the entrance ways, and
gathered for blocks in the street. There all waited
patiently to see what would happen.

Meantime, in the small room back of the stage,
about a score of men gathered. Chief among
all stood William T. Coleman. He had taken a
prominent part in the old Committee of '51.
With him were Clancey Dempster, small and mild
of manner, blue-eyed, the last man in the room
one would have picked for great stamina and
courage, yet playing one of the leading r61es in
this crisis; the merchant Truett, towering above
all the rest; Farwell, direct, uncompromising, in-
spired with tremendous single-minded eameat-

202 THE FORTY-NINERS

ness; James Dows, of the rough and ready, humor-
ous, blasphemous, horse-sense type; Hossefross,
of the Committee of '51; Dr. Beverly Cole, high-
spirited, distinguished-looking, and courtly; Isaac
Bluxome, whose signature of "33 Secretary" was
to become terrible, and who also had served well
in 1851. These and many more of their type
were considering the question dispassionately and
earnestly,

"It is a serious business,'* said Coleman,
summing up. "It is no child's play. It may-
prove very serious. We may get through quickly
and safely, or we may so involve oiu-selves as
never to get through. "

"The issue is not one of choice but of
expediency," replied Dempster. "Shall we
have vigilance with order or a mob with
anarchy?"

In this spirit Coleman addressed the crowd
waiting in the large halL

"In view of the miscarriage of justice in the
courts," he announced briefly, "it has been
thought expedient to revive the Vigilance Com-
mittee. An Executive Council should be chosen,
representative of the whole body. I have been
&sked to take charge. I vriiW. do ^o, XsvsX, tcsk\^\

THE STORM GATHERS 203

stipulate that I am to be free to choose the first
council myself. Is that agreed?"

He received a roar of assent.

"Very well, gentlemen, I shall request you to
vacate the hall. In a short time the books will be
open for enrollment. '*

With almost disciplined docility the crowd arose
and filed out, joining the other crowd waiting
patiently in the street.

After a remarkably short period the doors were
again thrown open. Inside the passage stood
twelve men later to be known as the Executive
Committee. These held back the rush, admitting
but one man at a time. The crowd immediately
caught the idea and helped. There was abso-
lutely no excitement. Every man seemed grimly
in earnest. Cries of "Order, order, line up!**
came all down the street. A rough queue was
formed. There were no jokes or laughing; there
was even no talk. Each waited his turn. At the
entrance every applicant was closely scrutinized
and interrogated. Several men were turned back
peremptorily in the first few minutes, with the
warning not to dare make another attempt.
Passed by this Committee, \Xie e»?CL^<ikaXfc ^&s^si^^
the stairs. In the second story \i^\sA ^ Xj^^*^ '^'^

«a4 THE FORTY-NINERS

Coleman, Dempster, and one other. These ad-
ministered to him an oath of secrecy and then
passed him into another room where sat Bluxome
behind a ledger. Here his name was written and he
was assigned a number by which henceforth in the
activities of the Committee he was to be known.
Members were instructed always to use numbers
and never names in referring to other members.

Those who had been enrolled waited for some
time, but finding that with evening the applicants
were still coming in a long procession, they gradu-
ally dispersed. No man, however, departed far
from the vicinity. Short absences and hastily
snatched meals were followed by hurried returns,
lest something be missed. From time to time
rumors were put in circulation as to the activities
of the Executive Committee, which had been in
continuous session .since its appointment. An
Examining Committee had been appointed to
scrutinize the applicants. The number of the
Executive Committee had been raised to twenty-
six; a Chief of Police had been chosen, and he in
turn appointed messengers and policemen, who
set out in search of individuals wanted as
door-keepers, guards, and so forth. Only regis-
tered members were allowed on the floor of the

THE STORM GATHERS 205

hall. Even the newspaper reporters were gently
but firmly ejected. There was no excitement or
impatience.

At length, at eight o'clock, Coleman came out
of one of the side-rooms and, mounting a table,
called for order. He explained that a military
organization had been decided upon, advised
that numbers 1 to 100 inclusive should assemble
in one comer of the room, the second hundred
at the first window, and so on. An mteresting
order was his last. "Let the French assemble in
the middle of the hall," he said in their language —
an order significant of the great numbers of French
who had first answered the call of gold in '49, and
who now with equal enthusiasm answered the call
for essential justice. Each company was advised to
elect its own officers, subject to ratification by the
Executive Committee. It was further stated that
arrangements had been made to hire muskets to
the number of several thousands from one George
Law. These were only flintlocks, but efficient
enough in their way, and supplied with bayonets.
They were discarded government weapons, brought
out some time ago by Law to arm some mysterious
filibustering expedition that had fallen through.
Li this manner, without confusion, an organizati^yoL

206 THE FORTY-NINERS

of two thousand men was formed — sixteen mili-
tary companies.

By Saturday morning, May 17, the Committee
rooms were overwhelmed by crowds of citizens
who desired to be enrolled. Larger quarters
had already been secured in a building on the
south side of Sacramento Street. Thither the
Committee now removed en masses without in-
terrupting their labors. These new headquarters
soon became famous in the history of this eventful
year.

In the meantime the representatives of the
law had not been less alert. The regular police
force was largely increased. The sheriflF issued
thousands of siunmonses calling upon citizens for
service as deputies. These summonses were made
out in due form of law. To refuse them meant to
put oneself outside the law. The ordinary citizen
was somewhat puzzled by the situation. A great
many responded to the appeal from force of habit.
Once they accepted the oath these new deputies
were confronted by the choice between perjury,
and its consequences, or doing service. On the
other hand, the issue of the summonses forced
many otherwise neutral men into the ranks
o/ the Vigilantes. If tliey leiusedL \.o ^^\- ^\kS2CL

THE STORM GATHERS 207

directly summoned by law, that very fact placed
them on the wrong side ot the law. Therefore they
felt that joining a party pledged to what prac-
tically amounted to civil war was only a short step
further. Against these the various military com-
panies were mustered, reminded of their oath, called
upon to fulfill their sworn duty, and sent to varioU"
strategic points about the jail and elsewhere. The
Governor was informally notified of a state of in-
surrection and was requested to send in the state
militia. By evening all the forces of organized
society were under arms, and the result was a
formidable, apparently impregnable force.

Nor was the widespread indignation against
the shooting of James King of William entirely
unalloyed by bitterness. King had been a hard
hitter, an honest man, a true crusader; but in the
heat of battle he had not always had time to make
distinctions. Thus he had quite justly attacked
the Times and other venal newspapers, but in so
doing had, by too general statements, drawn the
fire of every other journal in town. He had
attacked with entire reason a certain Catholic
priest, a man the Church itself would probably
soon have disciplined, but in so doing had matis-if^A.
to enrage all Roman Cat\io\\ea. Vo-X^e. -oia--K^v«

208 THE FORTY-NINEBS

his scorn of the so-called "chivalry" was certainly
well justified, but his manner of expression offended
even the best Southerners. Most of us see no
farther than the immediate logic of the situation.
Those perfectly worthy citizens were inclined
to view the Vigilantes, not as a protest against
intolerable conditions, but rather as personal
champions of King.

In thus relying oh the strength of their position
the upholders of law realized that there might be
fighting, and even severe fighting, but it must be
remembered that the Law and Order party loved
fighting. It was part of their education and of
their pleasure and code. No wonder that they
viewed with equanimity and perhaps with joy
the beginning of the Vigilance movement of 1856.

The leaders of the Law and Order party chose
as their military commander William Tecumseh
Sherman, whose professional ability and integrity
in later life are unquestioned, but whose military
genius was equaled only by his extreme inability
to remember facts. When writing his Memoirs,
the General evidently forgot that original docu-
ments existed or that statements concerning
historical events can often be checked up. A
mere mob is irresponsible and axvoxv^xcwow.^, "^>a*.

THE STORM GATHERS 209

it was not a mob with whom Sherman was faced,
for, as a final satisfaction to the legal-minded,
the men of the Vigilance Committee had put
down their names on record as responsible for
this movement, and it is upon contemporary
record that the story of these eventful days must
rely for its details.

CHAPTER XIV

THE STORM BREAKS

The Governor of the State at this time was J*
Neely Johnson, a poKtician whose merits and
demerits were both so slight that he would long
since -have been forgotten were it not for the fact
that he occupied oflSce during this excitement.
His whole life heretofore had been one of trim-
ming. He had made his way by this method,
and he gained the Governor's chair by yielding to
the opinion of others. He took his color and his
temporary belief from those with whom he hap-
pened to be. His judgment often stuck at trifles,
and his opinions were quickly heated but as
quickly cooled. The added fact that his private
morals were not above criticism gave men an
added hold over him.

On receipt of the request for the state militia
by the law party, but not by the proper authori-
ties;, Governor Johnson bumed do^wia. VtoTxi^^vRx^-

410

THE STORM BREAKS 211

mento to San Francisco. Immediately on arriving
in the city he sent word to Coleman requesting
an interview. Coleman at once visited him at
his hotel. Johnson apparently made every eflFort
to appear amiable and conciliatory. In answer to
all questions Coleman replied:

"We want peace, and if possible without a
struggle."

"It is all very well," said Johnson, "to talk
about peace with an army of insurrection newly
raised. But what is it you actually wish to
accomplish?"

"The law is crippled," replied Coleman. "We
want merely to accomplish what the crippled
law should do but cannot. This done, we will
gladly retire. Now you have been asked by the
mayor and certain others to bring out the militia
and crush this movement. I assure you it cannot
be done, and, if you attempt it, it will cause
you and us great trouble. Do as Governor
McDougal did in *51. See in this movement
what he saw in that — a local movement for a
local reform in which the State is not concerned.
We are not a mob. We demand no overthrow
of institutions. We ask not a single court tf;^
adjourn. We ask not a sVni^^ oSkGet V^ ^"s^Rsa^

212 THE FORTY-NINERS

lis position. We demand only the enforcement
of the law which we have made."

This expression of mtention, with a little elabo-
ration and argument, fired Johnson to enthusi-
asm. He gave his full support, unofficially of
course, to the movement.

"But," he concluded, "hasten the undertaking
as much as you can. The opposition is stronger
than you suppose. The pressure on me is going
to be terrible. What about the prisoners in the
jail?"

Coleman evaded this last question by saying
that the matter was in the hands of the Com-
mittee, and he then left the Governor.

Coleman at once returned to headquarters
where the Executive Committee was in session,
getting rid of its routine business. V^ter a dozen
matters were settled, it was moved "that the
Committee as a body shall visit the county jail at
such time as the Executive Committee might
direct, and take thence James P. Casey and
Charles Cora, give them a fair trial, and adminis-
ter such punishment as justice shall demand."

This, of course, was the real business for which

all this organization had been planned. A mo-

ment^s pause succeeded ftie pTo^o§»^, Vsvsl «ja

THE STORM BREAKS 213

instantaneous and unanimous assent followed the
demand for a vote. At this precise instant a
messenger opened the door and informed them
that Governor Johnson was in the building
requesting speech with Coleman.

Coleman found Johnson, accompanied by Sher-
man and a few others, lounging in the anteroom.
The Governor sprawled in a chair, his hat pulled
over his eyes, a cigar in the comer of his mouth.
His companions arose and bowed gravely as
Coleman entered the room, but the Governor
remained seated and nodded curtly with an an- of
bravado. Without waiting for even the ordinary
courtesies he burst out.

" We have come to ask what you intend to do,'*
he demanded.

Coleman, thoroughly surprised, with the full
belief that the subject had all been settled in the
previous interview, replied curtly.

"I agree with you as to the grievances,*' rejoined
the Governor, "but the courts are the proper
remedy. The judges are good men, and there is
no necessity for the people to turn themselves into
a niob."

"Sir!** cried Coleman. "This is no \sss^\ —
You know this is no moV^V*

214 THE FORTY-NINERS

The Governor went on to explain that it might
become necessary to bring out all the force at his
command. Coleman, though considerably taken
aback, recovered himself and listened without
comment. He realized that Sherman and the
other men were present as witnesses.

"I will report your remark to my associates/'
he contented himself with saying. The question
of witnesses, however, bothered Coleman. He
darted in to the committee room and shortly
returned with witnesses of his own.

"Let us now imderstand each other clearly,"
he resumed. "As I understand your proposal,
it is that, if we make no move, you guarantee
no escape, an immediate trial, and instant
execution?"

Johnson agreed to this.

"We doubt your ability to do this,** went on
Coleman, "but we are ready to meet you half-
way. This is what we will promise: we will take
no steps without first giving you notice. But in
return we insist that ten men of our own selection
shall be added to the sheriff's force within the
jail.**

Johnson, who was greatly relieved and delighted,
Bt once agreed to this proposal, and sooxL^^At^^ ,

THE STORM BREAKS 215

But the blunder he had made was evident enough.
With Coleman, who was completely outside the
law, he, as an executive of the law, had no business
treating or making agreements at all. Further-
more, as executive of the State, he had no legal
right to interfere with city affairs unless he were
formally summoned by the authorities. Up to
now he had merely been notified by private citi-
zens. And to cap the whole sheaf of blunders,
he had now in this private interview treated with
rebels, and to their advantage. For, as Coleman
probably knew, the last agreement was all for
the benefit of the Committee. They gained the
right to place a personal guard over the prisoners.
They gave in return practically only a promise to
withdraw that guard before attacking the jail — a
procedure which was eminently practical if they
cared anything for the safety of the guard.

Johnson was thoroughly pleased with himself
until he reached the hotel where the leaders of the
opposition were awaiting him. Their keen legal
minds saw at once the position in which he had
placed himself. After a hasty discussion, it was
decided to claim that the Committee had waived
all right of action, and t\ia\, \\ie^ V^ ^-t^Tss^aR^
deSnitely to leave tlie case \,o >3cLe ^to\s^<^- ^'^k^^

216 THE FORTY-NINERS

this statement had been industriously circulated
and Coleman had heard of it, he is said to have
exclaimed:

"The time has come. After that, it is either
ourselves or a mob."

He proceeded at once to the Vigilance head-
quarters and summoned Olney, the appointed
guardian of the jail. Him he commanded to get
together sixty of the best men possible. A call
was sent out for the companies to assemble.
They soon began to gather, coming some in rank
as they had gathered in their headquarters outside,
others singly and in groups. Doorkeepers pre-
vented all exit: once a man was in, he was not
permitted to go out. Each leader received explicit
directions as to what was to be done. He was
instructed as to precisely when he and his command
were to start; from what given point; along exactly
what route to proceed; and. at just what time to
arrive at a given point — not a moment sooner or
later. The plan for concerted action was very
carefully and skillfully worked out. Olney's sixty
men were instructed to lay aside their muskets
and, armed only with pistols, to make their way
by different routes to the ^aiL
Sunday morning dawned iair and eaVm^ ^>A. %a

THE STORM BREAKS 217

the day wore on, an air of unrest pervaded the
city. Rumors of impending action were abeady
abroad. The jail itself hummed like a hive.
Men came and went, busily running errands, and
darting about through the open door. Armed
men were taking their places on the flat roof.
Meantime the populace gathered slowly. At first
there were only a score or so idling around the
square; but little by little they increased in num-
bers. Black forms began to appear on the roof-
tops all about; white faces showed at the windows;
soon the center of the square had filled; the con-
verging streets became black with closely packed
people. The windows and doors and balconies, the
copings and railings, the slopes of the hills round
about were all occupied. In less than an hour
twenty thousand people had gathered. They took
their positions quietly and waited patiently . It was
evident that they had assembled in the r61e of spec-
tators only, and that action had been left to more
competent and better organized men. There was
no shouting, no demonstration, and so little talking
that it amounted only to a low murmur. Already
the doors of the jail had been closed. The armed
forces on the roof had been increa^^A.*
After a time the congealed cto^^iL ^^sssrw ^^'^ ^

218 THE FORTY-NINERS

the side-streets was agitated by the approach of
a body of armed men. At the same instant a
similar group began to appear at the end of another
and converging street. The columns came steadily
forward, as the people gave way. The men wore no
uniforms, and the glittering steel of their bayonets
furnished the only military touch. The two
columns reached the convergence of the street
at the same time and as they entered the square
before the jail a third and a fourth column de-
bouched from other directions, while still others
deployed into view on the hills behind. They all
took their places in rank aroimd the square.

Among the well-known characters of the times
was a certain Colonel Gift. Mr. Hubert H.
Bancroft, the chronicler of these events, describes
him as "a tall, lank, empty-boweled, tobacco-
spurting Southerner, with eyes like burning
black balls, who could talk a company of listeners
into an insane asylum quicker than any man in
California, and whose blasphemy could not be
equaled, either in quantity or quality, by the
most profane of any age or nation." He remarked
to a friend nearby, as he watched the spectacle
below: "When you see these damned psalm-
singing Yankees turn ou\. oi \]tifc\t Ocwct^t^^^

THE STORM BREAKS 219

shoulder their guns, and march away of a Sun-
day, you may know that hell is going to crack
shortly."

For some time the armed men stood rigid, four
deep all around the square. Behind them the
masses of the people watched. Then at a com-
mand the ranks fell apart and from the side-streets
marched the sixty men chosen by Olney, dragging
a field gun at the end of a rope. This they wheeled
into position in the square and pointed it at th^
door of the jail. Quite deliberately, the cannon
was loaded with powder and balls. A man lit a
slow match, blew it to a glow, and took his position
at the breech. Nothing then happened for a
full ten minutes. The six men stood rigid by the
gun in the middle of the square. The sunlight
gleamed from the ranks of bayonets. The vast
multitude held its breath. The wall of the jail
remained blank and inscrutable.

Then a man on horseback was seen to make
his way through the crowd. This was Charles
Doane, Grand Marshal of the Vigilantes. He
rode directly to the jafl door, on which he rapped
with the handle of his riding-whip. After a
moment the wicket in the doot o^^\i^^» "^\s^-
out dismounting, the rider l[iaTidedL ^ ^o\-^ ^FrSJsiv^.

220 THE FORTY-NINERS

and then, backing his horse the length of the
square, came to rest.

Again the ranks parted and closed, this time
to admit of three carriages. As they came to a
stop, the muskets all around the square leaped to
"present arms!" From the carriages descended
Coleman, Truett, and several others. In dead
silence they walked to the jail door, Olney's men
close at their heels. For some moments they
spoke through the wicket; then the door swung
open and the Committee entered.

Up to this moment Casey had been fully con-
tent with the situation. He was, of course,
treated to the best the jail or the city could afford.
It was a bother to have been forced to shoot
James King of William; but the nuisance of in-
carceration for a time was a small price to pay.
His friends had rallied well to his defense. He
had no doubt whatever, that, according to the
usual custom, he would soon work his way through
the courts and stand again a free man. His first
intimation of trouble was the hearing of the
resonant tramp of feet outside. His second was
when Sheriff Scannell stood before him with the
Vigilantes* note in his hand. Casey took one
glance at Scannell's face.

THE STORM BREAKS 221

"You aren't going to betray me?" he cried.
"You aren't going to give me up?"

"James," replied Seannell solemnly, "there
are three thousand armed men coming for you
and I have not thirty supporters around the jail."

"Not thirty!" cried Casey astonished. For a
moment he appeared crushed; then he leaped to
his feet flourishing a long knife. "I'll not be
taken from this place alive!" he cried. "Where
are all you brave fellows who were going to see me
through this?"

At this moment Coleman knocked at the door
of the jail. The ^heriflf hurried away to answer
the summons.

Casey took the opportimity to write a note for
the Vigilantes which he gave to the marshal.
It read:

^^To the Vigilante Committee. Gentlemen: —
I am willing to go before you if you will let me
speak but ten minutes. I do not wish to have
the blood of any man upon my head."

On entering the jail door Coleman and his
companions bowed formally to the sheriflF.

"We have come for the prisoner Casey," said
Coleman. " We ask that lieb^^^^j^ifc'sSJ^ ^ksSJsM'es^e^
us bandcuSed at the door VmxsiftdLY^^ •^

222 THE FORTY-NINERS

"Under existing circumstances," replied Scan*
nell, '^I shall make no resistance. The prison
and its contents are yours."

But Truett would have none of this. "We
want only the man Casey at present," he said.
"For the safety of all the rest we hold you strictly
accountable."

They proceeded at once to Casey's cell. The
murderer heard them coming and sprang back
from the door holding his long knife poised.
Coleman walked directly to the door, where he
stopped, looking Casey in the eye. At the end
of a full minute he exclaimed sharply:

"Lay down that knife!"

As though the unexpected tones had broken a
spell, Casey flung the knife from him and buried
his face in his hands. Then, and not until then,
Coleman informed him curtly that his request
would be granted.

They took Casey out through the door of the
jail. The crowd gathered its breath for a frantic
cheer. The relief from tension must have been
great, but Coleman, bareheaded, raised his hand
and, in instant obedience to the gesture, the cheer
was stiBed. The leaders tiien enlet^d Ike carriage,
which immediately turned and dTove a^a^ •

THE STORM BREAKS 223

Thus Casey was safely in custody. Charles
Cora, who, it will be remembered, had killed
Marshal Richardson and who had gained from
the jury a disagreement, was taken on a second
trip.

The street outside headquarters soon filled
with an orderly crowd awaiting events. There
was noticeable the same absence of excitement,
impatience, or tumult so characteristic of the
popular gatherings of that time, except perhaps
when the meetings were conducted by the parti-
sans of Law and Order. After a long interval
one of the Committee members appeared at an
upper window.

'^It is not the intention of the Committee to
be hasty," he announced. "Nothing will be
done today."

This statement was received in silence. At last
someone asked:

"Where are Casey and Cora?"

"The Committee hold possession of the jail.
All are safe, " said the Committee man.

With this simple statement the crowd was
completely satisfied, and dispersed quietly and
at once.

Of the three thousand em^'^'^^ xasa.^ ^i£ss5a^

224 THE FORTY-NINERS

hundred were retained under arms at headquarters,
a hundred surrounded the jail, and all the rest
were dismissed. Next day, Monday, head-
quarters still remained inscrutable; but large
patrols walked about the city, collecting arms.
The gunshops were picketed and their owners
were warned under no circumstances to sell
weapons. Towards evening the weather grew
colder and rain came on. Even this did not
discourage the crowd, which stood about in its
sodden clothes waiting. At midnight it reluct-
antly dispersed, but by daylight the following
morning the streets around headquarters were
blocked. Still it rained, and still apparently
nothing happened. All over the city business
was at a standstill. Men had dropped their af-
fairs, even the most pressing, either to take part
in this movement or to lend the moral support of
their presence and their interest. The partisans
of Law and Order, so called, were also abroad.
No man dared express himself in mixed company
openly. The courts were empty. Some actually
closed down, with one excuse or another; but most
of them pretended to go through the forms of
business. Many judges took the occasion to
leave town — on vacation, tke^jr aYmowweed, These

THE STORM BREAKS 225

incidents occasioned lively comment. As our
chronicler before quoted tells us: "A good
many who had things on their minds left for the
country." Still it rained steadily, and still the
crowds waited.

The prisoners, Casey and Cora, had expected,
when taken from the jail, to be lynched at once.
But, since the execution had been thus long post-
poned, they began to take heart. They under-
stood that they were to have a clear trial "ac-
cording to law" — a phrase which was in those
days immensely cheering to malefactors. They
were not entirely cut oflf from outside communica-
tion. Casey was allowed to see several men on
pressing business, and permitted to talk to them
freely, although before a witness from the Com-
mittee. Cora received visits from Belle Cora,
who in the past had spent thousands on his legal
defense. Now she came to see him faithfully
and reported every effort that was being made.

On Tuesday, the 20th, Cora was brought before
the Committee. He asked for counsel, and
Truett was appointed to act for him. A list of
witnesses demanded by Cora was at once sum-
moned, and a sub-committee was sent to l;yM5s%
tbem before the board ol IriaX. KSi. ^^ Q>>tJSsQsarj

226 THE FORTY-NINERS

forms of law were closely followed, and all the
essential facts were separately brought out. It
was the same old Cora trial over again with one
modification; namely > that all technicalities and
technical delays were eliminated. Not an attempt
was made to confine the investigation to the
technical trial. By dusk the case for the prose-
cution was finished, and that for the defense was
supposed to begin.

During all this long interim the Executive Com-
mittee had sat in continuous session. They had
agreed that no recess of more than thirty minutes
should be taken until a decision had been reached.
But of all the long list of witnesses submitted by
Cora for the defense not one could be found. They
were in hiding and afraid. The former perjurers
would not appear.

It was now falling dusk. The comers of the
great room were in darkness. Beneath the ele-
vated desk, behind which sat Coleman, Bluxome,
the secretary, lighted a single oil lamp, the better
to see his notes. In the interest of the proceed-
ings a general illumination had not been ordered.
Within the shadow, the door opened and Charles
Doane, the Grand Marshal of the Vigilantesr
advanced three steps into t\ie xoam..

THE STORM BREAKS 227

"Mr. President," he said clearly, "I am in-
structed to announce that James TCing of William
is dead."

The conviction of both men took place that
night, and the execution was ordered, but in
secret.

Thursday noon had been set for the funeral of
James King of William. This ceremony was to take
place in the Unitarian church. A great multitude
had gathered to attend. The church was filled
to overflowing early in the day. But thousands
of people thronged the streets round about, and
itood patiently and seriously to do the man honor.
Historians of the time detail the names of many
marching bodies from every guild and society in
the new city. Hundreds of horsemen, carriages,
and foot marchers got themselves quietly into the
line. They also were excluded from the funeral
ceremonies by lack of room, but wished to do
honor to the cortege. This procession is said to
have been over two miles in length. Each man
wore a band of crfepe around his left arm. All the
city seemed to be gathered there. And yet the
time for the actual funeral ceremony was still
some hours distant.

Nevertheless the few vjTclo, Vxxflr^Vck^ \s^ ^^si&

228 THE FORTY-NINERS

scene, had occasion to pass near the Vigilante
headquarters, found the silent square guarded
on all sides by a triple line of armed men. The
side-streets also were filled with them. They stood
in the exact alignment their constant drill had
made possible, with bayonets fixed, staring straight
ahead. Three thousand were under arms. Like
the vast crowd a few squares away, they, too,
stood silent and patiently waiting.

At a quarter before one the upper windows of
the headquarters building were thrown open and
small planked platforms were thrust from two of
them. Heavy beams were shoved out from the
flat roof directly over the platforms. From the
ends of the beams dangled nooses of rope. After
this another wait ensued. Across the silence of
the intervening buildings could be heard faintly
from the open windows of the church the sound
of an organ, and then the measured cadencies of
an oration. The funeral services had begun. As
though this were a signal, the blinds that had
closed the window openings were thrown back
and Cora was conducted to the end of one of the
little platforms. His face was covered with a
white handkerchief and he was bound. A mo-
ment later Casey appeared. He had asked not

THE STORM BREAKS 229

to be blindfolded. Cora stood bolt upright,
motionless as a stone, but Casey's courage broke.
If he had any hope that the boastful promises
of his friends would be fulfilled by a rescue, that
hope died as he looked down on the set, grim faces,
on the sinister ring of steel. His nerve then de-
serted him completely and he began to babble.

"Gentlemen," he cried at them, "I am not a
murderer! I do not feel afraid to meet my God
on a charge of murder! I have done nothing
but what I thought was right! Whenever I was
injured I have resented it! It has been part of
my education during twenty-nine years! Gentle-
men, I forgive you this persecution! O God!
My poor Mother ! O God ! "

It is to be noted that he said not one word of
contrition nor of regret for the man whose funeral
services were then going on, nor for the heart-
broken wife who knelt at that coflBn. His words
found no echo against that grim wall of steel.
Again ensued a wait, apparently inexplicable.
Across the intervening housetops the sound of the
oration ceased. At the door of the church a slight
commotion was visible. The coflBn was being
carried out. It was placed in the hearse. Every
head was bared. There followed a slight pause;

280 THE FORTY-NINERS

then from overhead the church-bell boomed out
once. Another bell in the next block answered;
a third, more distant, chimed in. From all parts
of the city tolled the requiem.

At the first stroke of the bell the funeral cortege
moved forward toward Lone Mountain cemetery.
At the first stroke the Vigilantes as one man pre-
sented arms. The platforms dropped, and Casey
and Cora fell into eternity.

CHAPTER XV

THE VIGILANTES OP '56

This execution naturally occasioned a great stonn
of indignation among the erstwhile powerful ad-
herents of the law. The ruling, aristocratic class,
the so-called chivalry, the best element of the
city, had been slapped deliberately in the face,
and this by a lot of Yankee shopkeepers. The
Committee were stigmatized as stranglers. They
ought to be punished as murderers ! They should
be shot down as revolutionists ! It was realized,
however, that the former customary street-shoot-
ing had temporarily become unsafe. Otherwise
there is no doubt that brawls would have been
more frequent than they were.

An undercurrent of confidence was apparent,
however. The Law and Order men had been
surprised and overpowered. They had yielded
only to overwhelming odds. With the execution
of Cora and Casey accomplished, the Committee

232 THE FORTY-NINERS

might be expected to disband. And when the
Committee disbanded, the law would have its
innings. Its forces would then be better organized
and consolidated, its power assured. It could then
safely apprehend and bring to justice the ring-
leaders of this imdertaking. Many of the hot-
heads were in favor of using armed force to take
Coleman and his fellow-conspirators into custody.
But calmer spirits advised moderation for the
present, until the time was more ripe.

But to the siu*prise and indignation of these
people, the Vigilantes showed no intention of
disbanding. Their activities extended and their
organization strengthened. The various military
companies drilled daily until they went through
the manual with all the precision of regular troops.
The Committee's book remained opened, and by
the end of the week over seven thousand men had
signed the roll. Loads of furniture and various
supplies stopped at the doors of headquarters and
were carried in by members of the organization.
No non-member ever saw the inside of the building
while it was occupied by the Committee of Vigi-
lance. So cooking utensils, cot-beds, provisions,
blanketSs bulletin-boards, arms, chairs and tables,
£eld'gunsy ammunition, and many other supplies

THE VIGILANTES OF '56 233

seemed to indicate a permanent occupation.
Doorkeepers were always in attendance, and
sentinels patrolled in the streets and on the roof.
Every day the Executive Committee was in
session for all of the daylight hours. A black-
list was in preparation. Orders were issued for
the Vigilante police to arrest certain men and to
warn certain others to leave town immediately.
A choice haul was made of the lesser lights of the
ward-heelers and chief politicians. A very good
sample was the. notorious Yankee Sullivan, an
ex-prize-fighter, ward-heeler, ballot-box stuffer,
and shoulder-striker. He, it will be remembered,
was the man who returned Casey as supervisor
in a district where, as far as is known, Casey was
not a candidate and no one could be f oimd who had
voted for him. This individual went to pieces
completely shortly after his arrest. He not only
confessed the details of many of his own crimes
but, what was more important, disclosed valuable
information as to others. His testimony was im-
portant, not necessarily as final proof against those
whom he accused, but as indication of the need
of thorough investigation. Then without warn-
ing he committed suicide in his cell. On investi-
gation it turned out that he had been accustomed

234 THE FORTY-NINERS

to from sixty to eighty drinks of whiskey each day,
and the sudden and complete deprivation had
unhinged his mind. Warned by this unforeseen
circumstance, the Committee henceforth issued
regular rations of whiskey to all its prisoners, a
fact which is a striking commentary on the
character of the latter. It is to be noted, further-
more, that liquor of all sorts was debarred from
the deliberations of the Vigilantes themselves.

Trials went briskly forward in due order, with
counsel for defense and ample . opportunity to
call witnesses. There were no more capital
pimishments. It was made known that the
Committee had set for itself a rule that capital
punishment would be inflicted by it only for crimes
so punishable by the r^ular law. But each out-
going ship took a crowd of the banished. The
majority of the first sweepings were low thugs —
"Sydney Ducks,** hangers-on, and the worst class
of criminals; but a certain number were taken
from what had been known as the city*s best.
In the law courts these men would have been
declared as white as the driven snow; in fact, that
had actually happened to some of them. But
they were plainly undesirable citizens. The Com-
mittee so decided and bade them depart. Among

THE VIGILANTES OP '56 235

the names of men who were prominent and mfluen-
tial in the early history of the city, but who now
were told to leave, were Charles Duane, WooUey
Keamy, William McLean, J. D. Musgrave, Peter
Wightman, James White, and Edward McGowan.
Hmidreds of others left the city of their own
accord. Terror spread among the inhabitants
of the underworld. Some of the minor offenders
brought in by the Vigilante police were turned
over by the Executive Committee to the regular
law courts. It is significant that, whereas con-
victions had been almost unknown up to this
time, every one of these offenders was promptly
sentenced by those courts.

But though the underworld was more or less
terrified, the upper grades were only the fiulher
aroused. Many sincerely believed that this move-
ment was successful only because it was organized,
that the people of the city were scattered and
powerless, that they needed only to be organized
to combat the forces of disorder. In pursuance
of the belief that the public at large needed merely
to be called together loyally to defend its institu-
tions, a meeting was set for June 2, in Ports-
mouth Square. Elaborate secret preparations, in-
cluding the distribution of armed men, were made

286 THE FORTY-NINEKS

to prevent interference. Such preparations were
useless. Immediately after the appearance of the
notice the Committee of Vigilance issued orders
that the meeting was to be in no manner dis-
couraged or molested.

It was well attended. Enormous crowds gath-
ered, not only in and around the Square itself, but
in balconies and windows and on housetops. It
was a very disrespectful crowd, evidently out for
a good time. On the platform within the Square
stood or sat the owners of many of the city *s proud
names. Among them were well-known speakers,
men who had never failed to hold and influence a
crowd. But only a short distance away little could
be heard. It early became evident that, though
there would be no interference, the sentiment of the
crowd was adverse. And what must have been
particularly maddening was that the sentiment
was good-humored. Colonel Edward Baker came
forward to speak. The Colonel was a man of
great eloquence, so that in spite of his considerable
lack of scruples he had won his way to a pictiur-
esque popularity and fame. But the crowd would
have little of him this day, and an almost continu-
ous uproar drowned out his efforts. The usual
catch phrases, sucli as^Wfoerl^,"" "" Co\\&\1\\>;^^\3l *

THE VIGILANTES OP '56 237

"habeas corpus, " "trial by jury, " and "freedom, **
occasionally became audible, but the people were
not interested. "See Corals defender!" cried
someone, voicing the general suspicion that Baker
had been one of the little gambler's hidden counsel.
"Cora!" "Ed. Baker!" "$10,000!" "Out of that,
you old reprobate ! " He spoke ten minutes against .
the storm and then yielded, red-faced and angry.
Others tried but in vain. A Southerner, Benham,
inveighing passionately against the conditions of
the city, in throwing back his coiat happened in-
advertently to reveal the butt of a Colt revolver.
The bystanders immediately caught the point.
"There's a pretty Law and Order man!" they
shouted. "Say, Benham, don't you know it's
against the law to go armed?"

"I carry this weapon, " he cried, shaking his fist,
"not as an instrument to overthrow the law, but
to uphold it. "

Someone from a balcony nearby interrupted:
"In other words, sir, you break the law in order
to uphold the law. What more are the Vigilantes
doing?"

The crowd went wild over this response. The
confusion became worse. Upholders of Law andL
Order thrust forward Judge CaTa^^^SL'^^'^'K^ss^

238 THE FORTY-NINERS

that his age and authority on the bench would
command respect. He was unable, however, to
utter even two consecutive sentences.

"I once thought," he interrupted himself
piteously, "that I was the free citizen of a free
country. But recent occurrences have convinced
. me that I am a slave, more a slave than any on a
Southern plantation, for they know their masters,
but I know not mine!**

But his auditors refused to be affected by
pathos.

"Oh, yes you do,** they informed him. "You
know your masters as well as anybody. Two
of them were hanged the other day!**

Though this attempt at home to gain coherence
failed, the partisans at Sacramento had better luck.
They collected, it was said, five hundred men
hailing from all quarters of the globe, but chiefly
from the Southeast and Texas. All of them were
fire-eaters, reckless, and sure to make trouble.
Two pieces of artillery were reported coming down
the Sacramento to aid all prisoners, but especially
Billy Mulligan. The numbers were not in them-
selvas formidable as opposed to the enrollment
of the Vigilance Committee, but it must be
remembered that the city nv«^ W^ ol ^^-alti^ed

THE VIGILANTES OF '56 239

warriors and of cowed members of the underworld
waiting only leaders and a rallying point. Even
were the Vigilantes to win in the long run, the
material for a very pretty civil war was ready
to hand. Two hundred men were hastily put to
filling gunnybags with sand and to fortifying not
only headquarters but the streets round about.
Cannon were mounted, breastworks were piled, and
embrasures were cut. By morning Fort Gunny-
bags, as headquarters was henceforth called, had
come into existence.

The fire-eaters arrived that night, but they were
not five hundred strong, as excited rumor had it.
They disembarked, greeting the horde of friends
who had come to meet them, marched in a body to
Fort Gunnybags, looked it over, stuck their hands
into their pockets, and walked peacefully away to
the nearest bar-rooms. This was the wisest move
on their part, for by now the disposition of the
Vigilante men was so complete that nothing short
of regularly organized troops could successfully
have dislodged them.

Behind headquarters was a long shed and stable
in which were to be found at all hours saddle
horses and artillery horses, saddled and bridled,
ready for instant use. TweiAj-dy. ^\^cfc^ <cK «:^^*

240 THE FORTY-NINERS

lery, most of them sent in by captains of vessels
in the harbor, were here parked. Other camion
were mounted for the defense of the fort itself.
Muskets, rifles, and sabers had been accumulated.
A portable barricade had been constructed in the
event of possible street fighting — a sort of wheeled
framework that could be transformed into lit-
ters or scaling-ladders at will. Mess offices and
kitchens were there that could feed a small army.
Flags and painted signs carrying the open eye
that had been adopted as emblematic of vigilance
decorated the main room. A huge alarm bell had
been mounted upon the roof. Mattresses, beds,
cots, and other furniture necessary to accommodate
whole companies on the premises themselves, had
been provided. A completely equipped armorers'
shop and a hospital with all supplies occupied the
third story. The forces were divided into four
companies of artillery, one squadron and two
troops of cavalry, foiu: regiments and thirty-two
companies of infantry, besides the small but very
efficient police organization. A tap on the bell
gathered these men in an incredibly short space of
time. Bancroft says that, as a rule, within fifteen
minutes of the first stroke seven-tenths of the
entire forces would be on \iaxLd T^^^dy for combat.

THE VIGILANTBS OP '56 241

The Law and Order people recognized the
strength of this organization and realized that they
must go at the matter in a more thorough manner.
They turned their attention to the politics of the
structure, and here they had every reason to hope
for success. No matter how well organized the
Vigilantes might be or how thoroughly they
might carry the sympathies of the general pubUc,
there was no doubt that they were acting in
defiance of constituted law, and therefore were
nothing less than rebels. It was not only within
the power, but it was also a duty, of the Governor
to declare the city in a condition of insurrection.
When he had done this, the state troops must put
down the insurrection ; and, if they failed, then the
Federal Government itself should be called on.
Looked at in this way, the small handful of
disturbers, no matter how well armed and dis-
ciplined, amounted to very little.

Naturally the Governor had first to be won
over. Accordingly all the important men of San
Francisco took the steamer Senator for Sacramento
where they met Judge Terry, of the Supreme
Court of Cahfornia, Volney Howard, and others
of the same ilk. No governor of Johnson's nature
could long withstand suck pxessvyx^* ^^^-^^aas^aRSw

242 THE FORTY-NINERS

to issue the required proclamation of insurrection
as soon as it could be "legally proved" that the
Vigilance Committee had acted outside the law.
The small fact that it had already hanged two and
deported a great many others, to say nothing of
taking physical possession of the city, meant little
to these legal minds.

In order that all things should be technically
correct, then. Judge Terry issued a writ of habeas
corpus for William Mulligan and gave it into the
hands of Deputy Sheriff Harrison for service on the
Committee. It was expected that the Committee
would deny the writ, which would constitute legal
defiance of the State. The Governor would then
be justified in issuing the proclamation. If the
state troops proved unwilling or inadequate, as
might very well be, the plan was then to call on the
United States. The local representatives of the
central government were at that time General
Wool conunanding the military department of
California, and Captain David Farragut in com-
mand of the navy-yard. Within their command
was a force suflBcient to subdue three times the
strength of the Vigilance Conmaittee. William
Tecimiseh Sherman, then in private life, had been
appointed major-general of a division of the

THE VIGILANTES OF '56 243

state militia. As all this was strictly legal, the
plan could not possibly fail.

Harrison took the writ of habeas corpus and
proceeded to San Francisco. He presented him-
self at headquarters and oflFered his writ. Instead
of denying it, the Committee welcomed him cor-
dially and invited him to make a thorough search
of the premises. Of coiurse Harrison found nothing
— the Committee had seen to that — and departed.
The scheme had failed. The Committee had in
no way denied his authority or his writ. But
Harrison saw clearly what had been expected of
him. To Judge Terry he unblushingly returned
the writ endorsed "prevented from service by
armed men. " For the sake of his cause, Harrison
had lied. However, the whole affair was now
regarded as legal.

Johnson promptly issued his proclamation.
The leaders, in high feather, as promptly turned
to the federal authorities for the assistance they
needed. As yet they did not ask for troops but
only for weapons with which to arm their own
men. To their blank dismay General Wool
refused to furnish arms. He took the position
that he had no right to do so without orders
from Washington. There is no doubt, however.

244 THE FORTY-NINERS

that this technical position cloaked the doughty
warrior's real sympathies. Colonel Baker and
Volney Howard were instructed to wait on him.
After a somewhat lengthy conversation, they
made the mistake of threatening him with a
report to Washington for refusing to uphold the
law.

"I think, gentlemen,** flashed back the veteran
indignantly, "I know my duty and in its perform-
ance dread no responsibility!" He promptly
bowed them out.

In the meantime the Executive Committee had
been patiently working down through its black-
list. It finally announced that after Jime 24 it
would consider no fresh cases, and a few days later
it proclaimed an adjournment parade on July 4.
It considered its work completed and the city safe.

It may be readily imagined that this peaceful
outcome did not in the least* suit the more aristo-
cratic members of the Law and Order party.
They were a haughty, individualistic, bold, force-
ful, sometimes charming band of fire-eaters. In
their opinion they had been deeply insulted.
They wanted reprisal and punishment.

When therefore the Committee set a definite
day for disbanding, l\ie \oe^ a\y>iicLOTv\A^% ^ssd

THE VIGILANTES OF '56 245

Dpholders of law were distinctly disappointed.
They saw slipping away the last chance for a
clash of arms that would put these rebels in their
places. There was some thought of arresting
I the ringleaders, but the courts were by now so
well terrorized that it was by no means certain
that justice as defined by the Law and Order
party could be accomplished. And even if
conviction could be secured, the representatives
of the law found little satisfaction in ordinary
punishment. What they wanted was a fight.

General Sherman had resigned his command
of the military forces in disgust. In his stead
[ was chosen General Volney Howard, a man
I typical of his class, blinded by his prejudices and
[ fais passions, filled with a sense of the importance
I of his caste, and without grasp of the broader
I aspects of the situation. In the Committee's
I present attitude he saw not the signs of a job
I well done, but indications of weakening, and
lie considered this a propitious moment to show
his power. In this attitude he received enthusi-
astic backing from Judge Terry and his narrow
coterie. Terry was then judge of the Supreme
I Court; and a man more unfitted for the position
I it woiild be difficult to find. A tall, att^^jrfwj^..

£46 THE FORTY-NINEBS

fire-eating Texan with a charming wife, he stood
high in the social life of the city. His temper was
imdisciplined and completely governed his judg-
ment. Intensely partisan and, as usual with his
class, touchy on the point of honor, he did precisely
the wrong thing on every occasion where cool
decision was demanded.

It was so now. The Law and Order party
persuaded Governor Johnson to order a parade
of state troops in the streets of San Francisco.
The argument used was that such a parade of
legally organized forces would overawe the citizens.
The secret hope, however, which was well f ounded>
was that such a display would promote the desired
conflict. This hope they shared with Howard^
after the Governor's orders had been obtained.
Howard's vanity jumped with his inclination. He
consented to the plot. A more ill-timed, idiotic
maneuver, with the existing state of the public
mind, it would be impossible to imagine. Either
we must consider Terry and Howard weak*
minded to the point of an inability to reason from
cause to effect, or we must ascribe to them more
sinister motives.

• By now the Law and Order forces had become
numerically more forandaVAe* TVkfcVyN^T ^\s^\xve;nt

THE VIGILANTES OF '56 247

flocked to the colors through sheer fright. A
certain proportion of the organized remained in
the ranks, though a majority had resigned. There
was, as is usual in a new commimity, a very large
contingent of wild, reckless yoimg men without
a care in the world, with no possible interest in
the rights and wrongs of the case, or, indeed, in
themselves. They were eager only for adventure
and offered themselves just as soon as the prospects
for a real fight seemed good. Then, too, they
could always coimt on the five hundred Texans
who had been imported.

There were plenty of weapons with which to arm
these partisans. Contrary to all expectations, the
Vigilance Committee had scrupulously refrained
from interfering with the state armories. All
the muskets belonging to the militia were in the
armories and were available in different parts of
the city. In addition, the State, as a common-
wealth, had a right to a certain number of federal
weapons stored in arsenals at Benicia. These
could be requisitioned in due form.

But at this point, it has been said, the legal
minds of the party conceived a bright plan. The
muskets at Benicia on being Yea^\^\X\^\j^^^^^^^^
have to cross the bay in a v^^^^ ^^ ^ofcas. ^^^^

248 THE FORTY-NINEBS

Until the muskets were actually delivered they
were federal property. Now if the Vigilance
Committee were to confiscate the arms while on
the transporting vessel, and while still federal
property, the act would be piracy; the interceptors,
pirates. The Law and Order people could legally
call on the federal forces, which would be com-
pelled to respond. If the Committee of Vigilance
did not fall into this trap, then the Law and Order
people would have the muskets anyway. '

To carry out this plot they called in a saturnine,
lank, drunken individual whose name was Rube
Maloney. Maloney picked out two men of his
own type as assistants. He stipulated only that
plenty of "refreshments " should be supplied. Ac-
cording to instructions Maloney was to operate
boldly and flagrantly in full daylight. But the
refreshment idea had been rather liberally inter-
preted. By six o'clock Rube had just sense enough
left to anchor oflF Pueblo Point. There all gave
serious attention to the rest of the refreshments,
and finally rolled over to sleep off the effects.

Li the meantime news of the intended shipment
had reached the headquarters of the Vigilantes.

*Mr. H, H. Bancroft, in bis Po-pulor T-nbuiuil*^ liQlda that no
proof of this plot exists.

THE VIGILANTES OF '56 249

The Executive Committee went into immediate
session. It was evident that the proposed dis-
banding would have to be postponed. A discus-
sion followed as to methods of procedure to meet
this new crisis. The Committee fell into the trap
prepared for it. Probably no one realized the
legal status of the muskets, but supposed them to
belong already to the State. Marshal Doane
was instructed to capture them. He called to him
the chief of the harbor police.

"Have you a small vessel ready for immediate
service?" he asked this man.

"Yes, a sloop, at the foot of this street."

"Be ready to sail in half an hour. "

Doane then called to his assistance a quick-
witted man named John Durkee. This man
had been a member of the regular city police
until the shooting of James King of William. At
that time he had resigned his position and joined the
Vigilance police. He was loyal by nature, steady
in execution, and essentially quick-witted, quali-
ties that stood everybody in very good stead as
will be shortly seen. He picked out twelve
reliable men to assist him, and set sail in the sloop.

For some hours he beat against the wind and the
tide; but finally these became ^o ^\xo\v^^^V^^'5i^

£50 THE FORTY-NINEBS

forced to anchor in San Pablo Bay untfl conditions
had modified. Late in the afternoon he was again
able to get under way. Several of the tramps
sailing about the bay were overhauled and ex-
amined, but none proved to be the prize. About
dark the breeze died, leaving the little sloop barely
under steerageway. A less persistent man than
Durkee would have anchored for the night, but
Durkee had received his instructions and intended
to find the other sloop, and it was he himself who
first caught the loom of a shadow imder Pueblo
Point.

He bore down and perceived it to be the
sloop whose discovery he desired. The twelve
men boarded with a rush, but foimd themselves in
possession of an empty deck. The fumes of
alcohol and the sound of snoring guided the
boarding-party to the object of their search and
the scene of their easy victory. Durkee trans-
ferred the muskets and prisoners to his own craft;
and returned to the California Street wharf shortly
after daylight. A messenger was dispatched to
headquarters. He returned with instructions to
deliver the muskets but to turn loose the prison-
ers. Durkee was somewhat astonished at the
latter order but complied.

THE VIGILANTES OF '56 251

"All right, " he is reported to have said. "Now,
you measly hounds, you've got just about twenty-
eight seconds to make yourselves as scarce as your
virtues/*

Maloney and his crew wasted few of the twenty-
eight seconds in starting, but once out of sight they
regained much of their bravado. A few drinks
restored them to normal, and enabled them to
put a good face on the report they now made to
their employers. Maloney and his friends then
visited in tiun all the saloons. The drunker they
grew, the louder they talked, reviling the Com-
mittee collectively and singly, bragging that they
would shoot at sight Coleman, Truett, Durkee,
and several others whom they named. They flour-
ished weapons publicly, and otherwise became
obstreperous. The Committee decided that their
influence was bad and instructed Sterling Hopkins,
with four others, to arrest the lot and bring them
in.

The news of this determination reached the
offending parties. They immediately fled to their
masters like cur dogs. Their masters, who
included Terry, Bowie, and a few others, hap-
pened to be discussing the situation in the oflSce
of Richard Ashe, a Texan. TVifc cx^-^ \svsr^ xs^j^^

252 THE FORTY-NINERS

this gathering very much scared, with a statement
that a "thousand stranglers" were at their heels.
Hopkins, having left his small posse at the foot of
the stairs, knocked and entered the room. He was
faced by the muzzles of half a dozen pistols and
told to get out of there. Hopkins promptly
obeyed.

If Terry had possessed the slightest degree of
leadership he would have seen that this was the
worst of all moments to precipitate a crisis. The
forces of his own party were neither armed nor
ready. But here, as in all other important crises
of his career, he was governed by the haughty and
headstrong passion of the moment.

Hopkins left his men on guard at the foot of the
stairs, borrowed a horse from a passer-by, and
galloped to headquarters. There he was instruc-
ted to return and stay on watch, and was told that
reinforcements would soon follow. He arrived
before the building in which Ashe's oflSce was
located in time to see Maloney, Terry, Ashe,
McNabb, Bowie, and Rowe, all armed with shot-
guns, just turning a far corner. He dismounted
and called on his men, who followed. The little
posse dogged the judge's party for some distance*
For a little time no attention was paid to them^

THE YIGHAXTES OF '56 £5S

but as th^ pressed doser, Terrv, Ashe, and Ma-
loney turned and presented their shot-guns. This
was probably intended only as a threat, but Hop-
kins, who was always overbcdd, lunged at Maloney.
Terry thrust his gun at a Mgilante who smed
it by the barrd. At the same instant Ashe
pressed the muzzle of his weapcm against the
breast of a man named Bovee, but hesitated to
pull the trigger. It was not at that time as
safe to shoot men in the open street as it had
been f cnmerly . Barry covered Bowe with a pistoL
Rowe dropped his gun and ran towards the arm-
ory. The accidental discharge of a pistol seemed
to unnerve Terry. He whipped out a long knife
and plunged it into Hopkins's neck. Hopkins
relaxed his hold on Terry's shot-gun and staggered
back.

"I am stabbed! Take them. Vigilantes!" he
said.

He dropped to the sidewalk. Terry and his
friends ran towards the armory. Of the Vigilante
posse only Bovee and Barry remained, but these
two pursued the fleeing Law and Order men to
the very doors of the armory itself. When the
portals were slammed in their faces they took up
their stand outside; and alone these two men held

S54 THE FORTY-NINEBS

imprisoned several hundred men! During the
next few minutes several men attempted entrance
to the armory, among them our old friend Volney
Howard. All were turned back and were given the
impression that the armory was already in charge
of the Vigilantes. After a little, however, doubt-
less to the great relief of the "outside garrison"
of the armory, the great Vigilante bell began to
boom out its signals: one^ two, three — rest; one,
two, three — rest; and so on.

Instantly the streets were alive with men.
Merchants left their customers, clerks their books,
mechanics their tools. Draymen stripped their
liorses of harness, abandoned their wagons, and
Tode away to join their cavalry. Within an
incredibly brief space of time everybody was off
for the armory, the military companies marching
Jike veterans, the artillery rumbling over the pave-
ment. The cavalry, jogging along at a slow trot,
•covered the rear. A huge and roaring mob
accompanied them, followed them, raced up the
^ide-streets to arrive at the armory at the same
time as the first files of the military force. They
found the square before the building entirely
deserted except for the dauntless Barry and Bovee,
who still marched up and down otv^^^sA^^V^^'

THE VIGILANTES OF '56 255

ing the garrison within. They were able to report
that no one had either entered or left the armory.

Inside the building the spirit had become one of
stubborn sullenness. Terry was very sorry — as,
indeed, he well might be — a Judge of the Supreme
Court, who had no business being in San Fran-
cisco at all. Sworn to uphold the law, and osten-
sibly on the side of the Law and Order party, he
had stepped out from his jurisdiction to commit
as lawless and as idiotic a deed of passion and
prejudice as could well have been imagined.
Whatever chances the Law and Order party might
have had heretofore were thereby dissipated.
Their troops were scattered in small units; their
rank and file had disappeared no one knew where;
their enemies were fully organized and had been
mustered by the alarm bell to their usual alertness
and capability; and Terry's was the hand that had
struck the bell !

He was reported as much chagrined.

"This is very unfortimate, very unfortunate,**
he said; "but you shall not imperil your lives for
me. It is I they want. I will surrender to them. '*

Instead of the prompt expostulations which he
probably expected, a dead silence greeted these
words.

£56 THE FORTY-NINERS

"There is nothing else to do," agreed Ashe at
last.

An exchange of notes in military fashion fol-
lowed. Ashe, as commander of the armory and
leader of the besieged party, offered to surrender
to the Executive Committee of the Vigilantes if
protected from violence. The Executive Com-
mittee demanded the surrender of Terry, Maloney,
and Philips, as well as of all arms and ammunition,
promising that Terry and Maloney should be
protected against persons outside the organi-
zation. On receiving this assurance, Ashe threw
open the doors of the armory and the Vigilantes
marched in.

"All present were disarmed,** writes Bancroft.
"Terry and Maloney were taken charge of and
the armory was quickly swept of its contents.
Three hundred muskets and other munitions of
war were carried out and placed on drays. Two
carriages then drove up, in one of which was
placed Maloney and in the other Terry. Both
were attended by a strong escort, Olney forming
round them with his Citizens' Guard, increased
to a battalion. Then in triumph the Committee
men, with their prisoners and plunder enclosed
in a solid body of infantry and these again

THE VIGILANTES OF '56 257

surrounded by cavalry, marched back to their

rooms. **

Nor was this all. Coleman, like a wise gen-
eral, realizing that compromise was no longer
possible, sent out his men to take possession of
all the encampments of the Law and Order forces.
The four big armories were cleaned out while
smaller squads of men combed the city house by
house for concealed arms. By midnight the job
was done. The Vigilantes were in control of the

situation.
If

CHAPTER XVI

THE TBIUMPH OF THE VIGILANTES

Judge Terry was still a thorny problem to handle.
After all, he was a Judge of the Supreme Court.
At first his attitude was one of apparent humility,
but as time went on he regained his arrogant
attitude and from his cell issued defiances to his
captors. He was aided and abetted by his high-
spirited wife, and in many ways caused the
members of the Committee a great deal of trouble.
If Hopkins were to die, they could do no less
than hang Terry in common consistency and
justice. But they realized fully that in executing
a Justice of the Supreme Court they would be
wading into pretty deep water. The state and
federal authorities were inclined to leave them
alone and let them work out the manifestly desir-
able reform, but it might be that such an act
would force official interference. As one member
of the Conmiittee expressed it, "They had gone

THE TRIUMPH OF THE VIGHANTES St59

gunning for ferrets and had coralled a grizzly/'
Nevertheless Terry was indicted before the Com-
mittee on the following counts, a statement of
which gives probably as good a bird's eye view of
Terry as numerous pages of personal description:

Resisting with violence the officers of the Vigilance
Committee while in the discharge of their duties.

Committing an assault with a deadly weapon with
intent to kill Sterling A. Hopkins on June 21, 1856.

Various breaches of the peace and attacks upon
citizens while in the discharge of their duties, specified
as follows:

1. Resistance in 1853 to a writ of habeas corpus
pn account of which one Roach escaped from the
custody of the law, and the infant heirs of the
Sanchez family were defrauded of their rights.

2. An attack in 1853 on a citizen of Stockton
named Evans.

3. An attack in 1853 on a citizen in San Fran-
cisco named Purdy.

4. An attack at a charter election on a citizen of
Stockton named King.

5. An attack in the court house of Stockton on a
citizen named Broadhouse.

Before Terry's case came to trial it was known
that Hopkins was not fatally wounded. Terry's
confidence inunediately rose. Heretofore he had
been somewhat, but not much, humbled. Now his

J60 THE FORTY-NINERS

haughty spirit blazed forth as strongly as ever.
He was tried in due course, and was found guilty
on the first charge and on one of the minor charges.
On the accusation of assault with intent to kill, the
Committee deliberated a few days, and ended
by declaring him guilty of simple assault. He
was discharged and told to leave the State. But,
for some reason or other, the order was not
enforced.

Undoubtedly he owed his discharge in this form
to the evident fact that the Committee did not
know what to do with him. Terry at once took
the boat for Sacramento, where for some time
he remained in comparative retirement. Later he
emerged in his old r61e, and ended his life by being
killed at the hands of an armed guard of Justice
Stephen Field whom Terry assaulted without
giving Field a chance to defend himself.

While these events were going forward, the
Committee had convicted and hanged two other
men, Hetherington and Brace. In both instances
the charge was murder of the most dastardly
kind. The trials were conducted with due
regard to the forms of law and justice, and the
men were executed in an orderly fashion. These
executions would not be remarkable in any way,

THE TRIUMPH OF THE VIGILANTES 261

were it not for the fax^t that they rounded out the
complete tale of executions by the Vigilance
Committee. Four men only were hanged in all
the time the Committee held its sway. Never-
theless the manner of the executions and the spirit
that actuated all the oflBcers of the organization
sufficed to bring about a complete reformation in
the administration of justice.

About this time also the danger began to mani-
fest itself that some of the less conscientious and,
indeed, less important members of the Committee
might attempt through political means to make
capital of their connections. A rule was passed
that no member of the Committee of Vigilance
should be allowed to hold political office. Shortly
after this decision, William Rabe was suspended
for "having attempted to introduce politics into
this body and for attempting to overawe the
Executive Committee.'*

After the execution of the two men mentioned,
the interesting trial of Durkee for piracy, the settle-
ment by purchase of certain private claims against
city land, and the deportation of a number of imde-
sirable citizens, the active work of the Committee
was practically over. It held complete power
and had also gained the confidence of probably

262 THE FORTY-NINERS

nine-tenths of the population. Even some of the
erstwhile members of the Law and Order party,
who had adhered to the forms of legality through
principle, had now either ceased opposition, or
had come over openly to the side of the Committee.
Another date of adjournment was decided upon.
The gunnybag barricades were taken down on the
fourteenth of August. On the sixteenth, the
rooms of the building were ordered thrown open to
all members of the Committee, their friends, their
families, for a grand reception on the following
week. It was determined then not to disorganize
but to adjourn sine die. The organization was
still to be held, and the members were to keep
themselves ready whenever the need should arise.
But preparatory to adjournment it was decided
to hold a grand military review on the eighteenth
of August. This was to leave a final impression
upon the public mind of the numbers and power
of the Committee.

The parade fulfilled its fimction admirably.
The Grand Marshal and his staff led, followed by
the President and the Military Commanding
General with his staff. Then marched four
companies of artillery with fifteen moimted can-
non. In their rear was a float representing Fort

THE TRIUMPH OF THE VICttANTES 26S

Giinnybags with imitation cannon. Next came
the Executive Committee moimted, riding three
abreast; then cavalry companies and the medical
staff, which consisted of some fifty physicians of
the town. Representatives of the Vigilance Com-,
mittee of 1851 followed in wagons with a banner;
then four regiments of infantry, more cavalry,
citizen guards, pistol men, Vigilante police. Over
six thousand men were that day in line, all disci-
plined, all devoted, all actuated by the highest
motives, and conscious of a job well done.

The public reception at Fort Gunnybags was
also well attended. Every one was curious to see
the interior arrangement. The principal entrance
was from Sacramento Street and there was also a
private passage from another street. The door-
keeper's box was prominently to the front where
each one entering had to give the pass-word. He
then proceeded up the stairs to the floor above.
The first floor was the armory and drill-room.
Around the sides were displayed the artillery
harness, the flags, bulletin-boards, and all the
smaller arms. On one side was a lunch stand
where coffee and other refreshments were dis-
pensed to those on guard. On the opposite side
were oflices for every conceivable activity. An

264 THE FORTY-NINERS

immense emblematic eye painted on the south-
east comer of the room glared down on each as he
entered. The front of the second floor was also a
guard-room, armory, and drilling floor. Here also
was painted the eye of Vigilance, and here was
exhibited the famous ballot-box whose sides could
separate the good ballots from the bad ballots.
Here also were the meeting-rooms for the Ex-
ecutive Committee and a number of cells for the
prisoners. The police-oflice displayed many hand-
cuffs, tools of captured criminals, relics, clothing
with bullet holes, ropes used for hanging, bowie-
knives, burglar's tools, brass knuckles, and all the
other curiosities peculiar to criminal activities. The
third story of the building had become the armor-
er's shop, and the hospital. Eight or ten workmen
were employed in the former and six to twenty
cots were maintained in the latter. Above all, on
the roof, supported by a strong scaffolding, hung
the Monumental bell whose tolling summoned the
Vigilantes when need arose.

Altogether the visitors must have been greatly
impressed, not only • with the strength of the
organization, but also with the care used in prepar-
ing it for every emergency, the perfection of its
discipline, and the completeness of its equipment.

THE TRIUMPH OF THE VIGH^ANTES 265

When the Committee of Vigilance of 1856 ad-
journed subject to further call, there must have
been in most men's minds the feeling that such a
call could not again arise for years to come.

Yet it was not so much the punishment meted
out to evil-doers that measures the success of the
Vigilante movement. Only four villains were
hanged; not more than thirty were banished.
But the effect was the same as though four hun-
dred had been executed. It is significant that not
less than eight hundred went into voluntary exile.

"What has become of your Vigilance Com-
mittee?" asked a stranger naively, some years
later.

"Toll the bell, sir, and you'll see,'* was the
reply. '

' Bancroft, Popular TriburuUt, ii» (W6.

BIBLIOGRAPHICAL NOTE

Caufobnia has been fortunate in her historians.
Every student of the history of the Pacific coast is
indebted to the monumental work of Hubert H. Ban-
croft. Three titles concern the period of the Forty-
niners: The History of California, 7 vols. (1884-1890);
California Inter Pocula, 181^8-56 (1888); Popular Tri-
bunals, 2 vols. (1887). Second only to these volumes
in general scope and superior in some respects is T. H.
Hittell's History of California, 4 vols. (1885-1897).
Two other general histories of smaller compass and
covering limited periods are I. B. Richman's California
under Spain and Mexico, 1535-1847 (1911), and Josiah
Royce's California, 1846-1856 (1886). The former
is a scholarly but rather arid book; the latter is an
essay in interpretation rather than a narrative of events.
One of the chief sources of information about San
Francisco in the days of the gold fever is The Annals of
San Francisco (1855) by Soul6 and others.

Contemporary accounts of California just before the
American occupation are of varying value. One of
the most widely read books is R. H. Dana's Two Years
before the Mast (1840). The author spent parts of
1835 and 1836 in California. The Personal Narrative
of James 0, Pattie (1831) is an account of six years*

267

268 BIBLIOGRAPHICAL NOTE

travel amid almost incredible hardships from St.
Louis to the Pacific and back through Mexico. W. H.
Thomes's On Land and Sea, or California in the Years
18i3, 'U, and '^5 (1892) gives vivid pictures of old
Mexican days. Two other books may be mentioned
which furnish information of some value: Alfred
Robinson, Life in California (1846) and Walter Colton,
Three Years in California (1850).

Personal journals and narratives of the Forty-niners
are numerous, but they must be used with caution.
Their accuracy is frequently open to question. Among
the more valuable may be mentioned Delano's Life on
the Plains and among the Diggings (1854) ; W. G. John-
ston's Experience of a Forty-niner (1849) ; T. T, John-
son's Sights in the Gold Region and Scenes by the Way
(1849) ; J. T. Brooks's Four Months among the Gold-Find-
ers (1849); E. G. Buffum's Six Months in the Gold
Mines (1850) — the author was a member of the "Steven-
son Regiment"; James Delevan's Notes on Calif omia
and the Placers: How to get there and what to do after'
wards (1850); and W. R. Ryan's Personal Adventures
in Upper and Lower California, in 1848-9 (1850).

Others who were not gold-seekers have left their
impression of California in transition, such as Bayard
Taylor in his Eldorado^ 2 vols. (1850), and J. W. Harlan
in his California *46 to '88 (1888). The latter was a
member of Fremont's battalion. The horrors of the
overland journey are told by Delano in the book already
mentioned and by W. L. Manly, Death Valley in ^9
(1894).

The evolution of law and government in primitive
mining communities is described in C. H. Shiim*s

BIBLIOGRAPHICAL NOTE

269

Mining Camps. A Study in American Frontier Govern'
ment (1885). The duties of the border police are set /
forth with thrilling details by Horace Bell, Reminis-
cences of a Ranger or Early Times in Southern Calif omia
(1881). An authoritative work on the Mormons is /
W. A. Linn's Story of the Mormons (1902).

For further bibliographical references the reader is
referred to the articles on California^ San Francisco^
The Mormons, and Fremont, in The Encyclopcsdia
Britannicaf 11th Edition.

INDEX

Alvarado, Governor of Califor-
nia, 15-16, 18, 23
"Arcadian Age," 58-62
Ashe, Richard, 251, 252

Baker, Edward, G>lonel, 236,

244
V'Bear Flag Revolution,** 32-

36
Benton, T. H., father-in-law to

Fremont, 29; exerts influence

in Fremont's behalf, 40
Bluxome, Isaac, 202, 204
Bovee, 253
Bowie, 251, 252
Brannan, Sam, 56-57* 155* 189

Cahuenga, Treaty of (1847),
42

California, inhabitants, 1; occu-
pation by Spain, 2 et seqr,
classes, 5-6; life of early
settlers, 6 et aeq.i advent of
foreign residents, 13 et seq,;
population in 1840, 16-17;
arrival of two parties of set-
tlers (1841), 17; Fi^mont's
expedition, 29; military con-
quest by U. S., SO et seq.;
Mexican laws in, 46-50; con-
stitutional convention (1849),
50-52; influence of discovery
of gold, 52-54; overland mi-
gration to, 67 et seq,; journey
by way of Panama to, 96 et
seq.; life in the gold fields, 107
et seq.; dty life in 1849, 119
et seq.; law, 174-76; politics*

176-80; financial stringency

(1855), 181-83
California Star, the, 123
Carson, Kit, 38
Casey, J. P., 191, 192 et seq., 220

et seq.
Chagres in 1849, 99-100
Cole, Beverly, 202
Coleman, W. T., 201, 202, 204,

205, 211 et seq., 251
Cora, Charles, trial of, 189-91;

re-trial by Vigilantes* 225-

226

Daily Evening Bulletin^ 184-88*

190
Delano, 75
Dempster, Clancey, 201, 202,

204
Den, Nicholas, 14
Doane, Charles, 219
Donner party, 26
Dows, James, 202
Duane, Charles, 235
Durkee, John, 249-51

Farragut, David, 242

Farwell, 201

Fremont, J. C, expedition, 29
et seq.; personal characteristics*
40-41,44-45; negotiates treaty
with Califomians, 42; appoint-
ed Governor of California, 42;
asks permission to form expe-
dition against Mexico, 43-
44; court-martialed and dis-
missed from service, 44

271

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "The forty-niners; a chronicle of the California trail and El Dorado"

See other formats