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PROCEEDINGS

OF THE

CALIFORNIA ACADEMY OF SCIENCES

Fourth Series

Vol. VIII, No. 1, pp. 1-25, pi. 1 June 17, 1918

IN MEMORIAM: THEODORE HENRY HITTELL^
Born April 5, 1830— Died February 23, 1917

The California Academy of Sciences was bereaved of one of
its most illustrious members in the death of Mr. Theodore
Henry Hittell, February 23, 1917. He would have been 87
years old in two months. For nearly 30 years he had been an
uncompromisingly loyal and assiduous member of the Acad-
emy, and in the future history of this institution, the value of
his personal attachment and fidelity will grow ever clearer and
stronger.

What a span of life was his! He was born April 5, 1830,
and it is true to fact to say that the world has traveled farther
since that year than during all its previous recorded history.
In 1830 the echoes of the battle of Waterloo had hardly died
away. Napoleon had been dead scarcely nine years. Charles
X was King of France, but the Fates had decreed that within
the next few months he was to give way to Louis Philippe.
William IV this year succeeded George IV as King of England,
and Victoria's memorable reign was to begin seven years later.
The United States had but fairly started in the second half
century of its experiment as a Republic. Andrew Jackson was
President and the brewing of Nullification in South Carolina
was raising the shadow of the coming Rebellion over States'
Rights and Slavery. Railroads were in their infancy. The

' Read at the regular monthly meeting of the California Academy of Sciences,
August 15, 1917.

June 17, 1918

7 . c . , . , .CALIFORNIA ACADEMY OF SCIENCES [Proc. 4th Ser.

first practical locomotive to run in America was delivered the
previous year ; and the first American locomotive was made in
the year 1830.

Gauged by the tremendous sweep of Science since that
period, it is fair to say that Science was then just starting on
its real career. It will probably not be disputed that the age of
Darwin is a sharp dividing line between ancient and modern
science. Present methods of research and generalization are
now so commonplace that the older limited, narrow systems
seem to belong to the distant dark ages. And yet in the year
1830, Charles Darwin was an undergraduate in Cambridge
University, which he had entered in prospect of being a
clergyman. He was now becoming fascinated with natural
science, and his history-making voyage in the "Beagle" was to
begin the following year.

What was to become Hittell's beloved California, was in
1830 but an obscure province of Mexico, known as Alta Cali-
fornia. Its northern boundary was San Francisco Bay. The
Missions were already withering under the threatened blow of
Secularization. There were about 30,000 Indians here, who
were reduced in a few years to 10,000. The white people were
few and almost wholly Spaniards. The mode of life of the
Spaniards was, in description, charming. It had an ease, a
hospitality, a gaiety unequalled. There was but little industry
beyond the raising of cattle, which were killed in immense
numbers for their hides which were sold to the occasional sail-
ing vessels which came to the Coast. It was not until four
years later that Richard H. Dana was to start on that voyage
from Boston to California, which called forth Tzvo Years Be-
fore the Mast, a book which W. Clark Russell has termed "the
greatest sea-book that was ever written in any language." John
A. Sutter did not come to California until 1839. San Fran-
cisco was not. Yerba Buena was the bay "which came up to
Montgomery Street" and was very seldom visited by sailing
vessels. There was a dilapidated Presidio, and several miles
distant was the already waning Dolores Mission. The major
portion of California was a vast desert for the greater part of
the year. The Sierra Nevada Mountains were but little known,
and most of the civilization was on or near the Coast. There
was but one Custom House, which was situated at Monterey.
The coast was bleak and repelling, though relieved in the spring

Vol. VIII] IN MEMORIAM: THEODORE HENRY HITTELL 3

season by a few oases of green. "On the whole coast of Cali-
fornia, there was not a light house, a beacon, or a buoy, and the
charts were made up from old and disconnected surveys by
British, Russian and Mexican voyagers." At that time, Cali-
fornia, except for a short season, was substantially a vast, for-
bidding, unlovely waste. Its possibilities were not suspected.
It awaited the magic touch of Anglo Saxon civilization.

It was on April 5, in this year of 1830, that Theodore H.
Hittell was born, in Marietta, Lancaster County, Pennsylvania.
As would naturally be expected of one of his strong and versa-
tile character, his ancestors were sturdy, thrifty and solid
people. His paternal great grandfather, Peter Hittel, was a
Protestant, brought up in Rhenish Bavaria, and driven into
exile by religious persecution. He, with a brother, escaped
into Holland, thence coming to America in 1720, and settled
down in Upper Milford Township, in Lehigh County, Penn-
sylvania, w^here he passed the remainder of his life as a farmer.
He was successful, progressive and energetic, and was a force-
ful, and useful member of the community.

Peter's son, Nicholas Hittel, the grandfather of Theodore,
remained on the farm in Upper Milford Township. He was a
man of prodigious physical strength, and was an industrious
and successful farmer, and, it is said, came to be regarded by
his neighbors as a sage. He married Susanna de Vesqueau,
or Wesco, as the family name was later called. Her father,
Francis de Vesqueau, was a French Huguenot, and was driven
by religious persecution from his home in Alsace, and came by
way of Holland to Pennsylvania. He and his two sons served
in the American Revolution, Francis being in the Second
Battalion, Second Company of Northampton County, Penn-
sylvania. Nicholas Hittel also served in the American Revo-
lution in the Northampton County Militia, from 1778 to 1782.
The family of Nicholas and Susanna consisted of eleven
children.

Jacob Hittel was the eighth son and the last child of Nicho-
las. He was the father of Theodore and was as remarkable a
man as his son. He was brought up as a farmer's boy, and at
fifteen years of age, he could speak only in Pennsylvania Ger-
man. He hungered for an education and began attendance at
an English school. This was three miles and a half from his
home, and he walked to school and back every day, whatever

4 CALIFORNIA ACADEMY OF SCIENCES [Proc. 4th Skr.

the weather or the condition of the roads. When sixteen years
old, he walked to Philadelphia, a distance of forty-seven and a
half miles, to go to a better school. He found a good family
where he worked each half day for his board, and went to
school the other half day. He bought an English dictionary,
which he studied incessantly. In carrying out his steadfast pur-
pose, he would work and save until he had accumulated a small
sum of money; theniie would devote himself to school until
the money was exhausted. Thus, by intense industry and un-
remitting frugality, he acquired a good English education.
When he was twenty years old, he decided to become a phy-
sician, and began studying in the office of Drs. Benjamin and
James Green, at Quakerstown, Pennsylvania. The next year,
he entered the College of Physicians and Surgeons at Philadel-
phia, but at the end of two years his funds were exhausted.
In those days, it was the custom of medical students, if they so
desired and felt competent, to enter upon practice before final
graduation ; and therefore, in his twenty-third year, the young
doctor opened an office at Segersville, Lehigh County. This
same year he married Catherine Shertzer, of Millerstown. Her
ancestors came from Germany, and settled in Pennsylvania,
and were successful and influential people. Catherine Shertzer
became the mother of Theodore Hittell. She lived to be over
ninety years old. She was an unusual woman, of great per-
sonal charm and intellectual gifts, and her son always spoke of
her with a keenness of appreciation that denoted the greatest
of affection.

The newly married couple settled down in Segersville, where,
due to his energy and ability, supplemented by the popularity
of his accomplished wife, Jacob Hittell gained at once a large
practice ; so that in less than a year, he had accumulated enough
money for his final year in the Philadelphia college. Thus,
when about twenty-four years old, he received his medical
diploma from what was then perhaps the most prominent in-
stitution of its kind in the United States.

After practicing in several small towns in that region, he re-
moved, in 1825, to Marietta, in Lancaster County. Remaining
there five years, he was attracted by the prospects of success
in Ohio, Indiana and Illinois. These states were then becom-
ing a magnet, like California in later times. The fertility of soil,
beauty of scenery and cheapness of public lands were drawing

Vol. VIII] IN MEMORIAM: THEODORE HENRY HITTELL 5

many pioneers to this "new West." Therefore, in 1831, Dr.
Jacob Hitteh started for Illinois with his wife and three chil-
dren ; but because of the health of his youngest child, Theodore,
he changed the destination, and settled in the famous Miami
Valley, at Trenton, Ohio. From the beginning he was suc-
cessful and his increasing practice induced him to remove to
the more important town of Hamilton, about ten miles dis-
tant, and a few miles north of Cincinnati. This became the
permanent family home, and so remained for thirty-four
years. Here Dr. Jacob Hittell's professional skill, activity in
business investments and energy in public matters made him a
very prominent and influential citizen. Realizing his own
tremendous difficulties in obtaining an education, he took a
special interest in the public school and the Female Academy
at Hamilton, and assisted and encouraged his children in ob-
taining a good education.

Thus, though born in Pennsylvania, Theodore Hittell's
conscious life began in Hamilton, Ohio, he being only a year
old at the time of the family removal. At the earliest possible
age he was sent to school, because it was an understood rule
in the family that each child was to be given the best educa-
tion attainable in the country, and should be obliged, unless
prevented by sickness, to keep on steadily at work in acquiring
it. The boy w^as "father of the man," and his studies were
characterized by great industry and thoroughness. All his
life, he made it a rule to carry out to a finish what he had
once begun, and to do everything in the very best manner it
was possible for him to do it. Concentration on the work in
hand and carrying it to completeness were among the most
marked secrets of his success in life. He early became a
"prize pupil" in algebra, geometry and trigonometry. He was
handy with tools and very ingenious; he also worked in his
father's drug store, where he learned considerable about the
technical parts of the business. At about fifteen years of age
he was sent to a Catholic school, then to a select school to
study Latin and Greek. Meantime he had read many books,
and all of them he "chewed and digested." His boyhood was
pleasant and happy, and very busy. Though absorbed in his
work, none turned to amusement and recreation with more
zest than he.

6 CALIFORNIA ACADEMY OF SCIENCES [Proc. 4th Sek.

In 1845, at the age of fifteen years, he entered Oxford
College, afterwards known as Miami University. Here he
had the usual studies of Latin and Greek, and mathematics.
Characteristically he applied himself devotedly to his books,
and became especially proficient in mathematics. He joined
a literary society, but as he had no idea of ever becoming a
public speaker, his activity was confined to written addresses
on literary subjects. He read indefatigably, especially history
and biography. He left the college because of the students'
"snowball rebellion" against the faculty, which rebellion vir-
tually caused the temporary ruin of the institution.

From there he went to Center College, at Danville, Ken-
tucky, where he stayed during his junior year. He was not
satisfied with the educational advantages of the institution and
determined to go to Yale College, where he achieved the un-
usual distinction of gaining admittance to the senior class of
Yale from the junior class of a small western college; due
largely to his proficiency in mathematics and originality in
working out theorems and problems. In 1849 he graduated
from Yale College with the degree of Bachelor of Arts.

He was now nineteen years of age. In the following year
he began reading law in the ofiice of Charles Fox, at Cin-
cinnati, and was admitted to the Ohio bar in 1852.

He had now earned and won a good education and admis-
sion to the profession of the law. He was in his twenty-third
year, in perfect health, with an upright and incorruptible
character, a widely varied and valuable experience, and a
trained and industrious mind. For several years he practiced
law at Hamilton, Ohio, but the life became irksome to him.
His father, and all of his ancestors, were pioneers, and the
call of his inheritance was strong in his veins. His brother
John had come to California in 1849, and Theodore could not
longer resist the lure of the Golden West. On October 5,
1855, he came from New York to San Francisco by way of
the Isthmus of Panama. Thus, in her early history, did Cali-
fornia feverishly dig her gold, which was her supposed only
treasure, and send it to the East, to be rewarded by the return
of far more priceless treasures — resolute, virile citizens.

Upon reaching San Francisco, Mr. Hittell plunged into the
life of one of the strangest, busiest and most romantic cities

\0L. \UU /iV MEMORIAM: THEODORE HENRY HITTELL 7

on the face of the earth. Twenty years before, Yerba Buena
was not even a village, and had no existence. Nine years be-
fore, Yerba Buena had started on its career and had two hun-
dred people. Eight years previously, the name was changed to
San Francisco. The discovery of gold created a city almost
overnight, and San Francisco now had a population of 50,000.
Five great fires had successively destroyed it, but the build-
ings were now more numerous and enduring than ever. In
such a seething mass of gold seekers, adventurers and real
pioneers there were inevitably mingled much lawlessness and
crime. At least a hundred murders had been committed in
the previous year without a single execution. It was not safe
to walk the streets after dark, while by day and night incen-
diarism and burglary were common. Allied with this indi-
vidual crime was political corruption. Though the city had
been partially purged by the Vigilance Committee of 1851, the
baser elements were again in control. As usual in modern
times, the good men did not vote and the bad men never
failed to vote. In his History of California Hittell phrased
the situation thus : "There probably had never been in the
United States a deeper depth of political degredation reached
than in San Francisco in 1854 and 1855." In spite of bad
government and prevalent crime, nothing was able to prevent
the town from forging ahead. The golden stream from the
mines, the dawning realization of the immensely varied agri-
cultural resources of the State, the first fruits of foreign com-
merce, revealed to the sagacious eyes of the pioneers the
splendid destiny of this city and State. These good citizens
could not yet control the development of the civic and mate-
rial resources ; but they .were dazzled by the vision of the
future, and hopefully consecrated their souls and ene'-gies to
the building up of the new community.

When he started for California from the East, Mr. Hit-
tell intended to go to the mines. As soon as he reached San
Francisco, and saw its activities and gauged its prospects, he
was easily convinced by his advisers that this city should be
the theatre of his future career. Though a thoroughly edu-
cated lawyer, he seems at first to have avoided the practice
of his profession, and with his literary tastes and training he
naturally gravitated towards the newspaper business. The

8 CALIFORNIA ACADEMY OF SCIENCES [Proc. 4th Slr.

financial failures of the year before, and the speculative trans-
actions of each busy and exciting day, resulted in an im-
mense amount of litigation. News from the outside world
was scant, and except for world events of sensational magni-
tude the people depended for their news on local happenings
and the developments of the courts. In consequence, the local
editors of the newspapers were of unique importance, and the
court news was greatly sought after by the public. Mr. Ilit-
tell began by reporting law news for a German paper pub-
lished in San Francisco. His previous training now became
of great value. The accuracy of his reports, the inclusion of
all of the essential points of a judge's decision, the fidelity to
facts, soon attracted the attention of the editor of the "Bul-
letin." This paper was founded by James King of William
in the latter part of 1855, and by its fearlessness in attacking
criminals and dishonest men in public life, and by its decency
and vigor, in a short time reached the distinction of being the
leading newspaper in the city. Mr. Hittell soon became the
law reporter for the Bulletin and was such at the time of the
assassination of James King of William and the revival of
the famous Vigilance Committee in 1856. Though not per-
sonally a member of the Vigilance Committee, he was their
staunch supporter, their reliable chronicler. He logically be-
came the local editor of the Bulletin, which was a position of
great responsibility and importance during these stirring
times. He prided himself upon the accuracy of his columns,
and no news was printed that was not true and trustworthy.

He retained his connection with the Bulletin until 1860.
The rising tide of disunion had brought California actively
into the national contest. In the State were many of South-
ern birth or with Southern sympathies, of great energy, re-
sources and influence. Mighty and successful efforts were
made to keep California in the Union. These were the his-
toric days of Baker, Broderick and Starr King. For a year
previous and during the first part of Lincoln's campaign, Mr.
Hittell was the local editor of the San Francisco Times. He
was very patriotic in sentiment, an ardent Union man, and
gave valiant service for the cause of human liberty.

During this period, on June 12, 1858, he married Mis?
Elise Christine Wiehe. She was the daughter of Dr. Carl

Vol. VIII] IN MEMORIAM: THEODORE HENRY HI! TELL 9

Wiehe, of Goedens, in the northeast corner of Germany. Dr.
Wiehe was chief surgeon on the staff of Field Marshal
Bliicher, and was present at the battle of Waterloo. The
daughter left Germany on account of the events of 1848, and
came to California on a sailing vessel by way of Cape Horn.
It is said that she trimmed and introduced the first Christ-
mas tree in San Francisco. After her marriage, she took
much interest in Science, and with Mrs. Brandegee and Miss
Rita Haggan was among the first women members of the
California Academy of Sciences. She was one of the found-
ers of the San Francisco Foundling Asylum. She also
founded the Silk Culture Society of California. She actively
urged the establishment of manual training schools. She was
one of the pioneers in advocating the organizing of a museum
in San Francisco. She was interested in the preservation of
the Indian picture writings found in California, and wrote
an article on the subject for "Science" magazine. Her last
published article was on Pasteur, in "Science." She died
in 1900.

Mr. and Mrs. Hittell had four children, of whom three
are now living: Catherine Hermanna, Charles Jacob and
Franklin Theodore. They were all born at the old home at
726 Folsom street, in this city.

It was in a great measure due to the solicitations of his
wife that Mr. Hittell decided to re-enter the practice of the
law. In 1861 he joined the San Francisco bar, and in 1862
he formed a partnership with Elisha Cook that lasted for
five years. He devoted himself to civil law, and only once in
his legal career tried a criminal case. Upon one occasion he
was asked by John B. Felton to prepare a brief, and the doc-
ument was so clear and cogent that Mr. Felton immediately
offered him a partnership, which was promptly accepted.
This partnership lasted until Mr, Felton's death in 1877.

John B. Felton was one of the ablest lawyers in the history
of the State. He was a type of that period, one might say
almost a product of his day and of San Francisco in the six-
ties. He collected vast amounts in fees, but spent his income
with princely lavishness. He had astonishing ingenuity in
applying the principles of law, and great quickness and exact-
ness of observation. His brilliancy at the bar, prodigality of

10 CALIFORNIA ACADEMY OF SCIENCES [Proc. 4th ses.

living, versatility as a public speaker, remarkable wit and ex-
cessive generosity are among the traditions of this city and
State. But with all this he was not a man of extraordinary
industry in detail ; therefore to be associated with a man of
the dogged diligence and legal resource and exactness of Mr.
Hittell was the opportunity of a lifetime. In turn, to have
such a legal associate as Mr. Felton was the opportunity of
a lifetime for Mr. Hittell. Each supplemented and was in-
valuable to the other. Mr. Hittell wrote the briefs and
mainly conducted the office business. He was a model of
careful industry, and of powerful and logical statement.
While he personally was not largely in the public eye during
this period, he gained a reputation as a lawyer of great reli-
ability and singular skill.

Mr. Hittell was associated with a number of cases famous
in the legal history of California. Conspicuous among these
were the Lick Trust case, the Montgomery avenue case, the
Dupont street case, the case involving the title to the lands
near the ocean beach of San Francisco, and the famous San
Pablo land case. In the ocean beach case he settled the title
to the lands out among the sand dunes, and by a compromise
between the claimants and the city of San Francisco, secured
a deed for one thousand acres of land to the city which is
now comprised in Golden Gate Park. The great San Pablo
land case was technically known as Emeric against Alvarado.
It began in 1868, and after twenty-seven years of dogged,
persistent fighting, he won his case in 1895. The land titles
involved were in Contra Costa county, especially in and about
Richmond, and this noted case forever settled the earlier titles
to every piece of property in the city of Richmond. This case
gave him a position as a distinguished authority in the inex-
tricably complicated question of land titles in California. Due
to the earlier ambiguous Spanish land grants, followed by the
equally ambiguous Mexican land grants in California, the
titles were universally tangled, almost beyond settlement ;
and Mr. Hittell's work went greatly beyond the adjustment
of his particular litigation. The winning of this suit brought
him much legal fame, for it alone was enough to establish his
position as an eminent lawyer. His other noted lawsuits evi-
denced the same shrewdness and ingenuity and unflagging
pertinacity.

Vol. VHI] /-V MEMOKIAM: THEODORE HEXRY HITTELL 11

When the Constitution of Cahfornia was adopted in 1879,
Mr. Hittell became greatly interested in State politics. He
was elected as State Senator from San Francisco and served
during 1880-82. The legislature was flooded by bills of all
kinds evoked by the spirit of the sand-lot agitation, and by
the new Constitution. Because of his sane and balanced
character, aided by his wide legal attainments, he was a mov-
ing force in the Senate, and performed notable and valuable
service for his State. Many an ill-considered or iniquitous
piece of legislation went into oblivion through his shrew^d
and sagacious opposition. He re-drafted the entire Code of
Civil Procedure to conform to the new Constitution, and his
work was adopted in preference to that presented by the reg-
ularly appointed commissioners. He was always a tremen-
dous worker, and a high authority says of him that "the
greater part of the statutes of 1880 was his work."

After the close of his Senatorial career, he again devoted
himself to the practice of law. Even as late as 1906, he acted
as attorney for his old clients.

His legal practice brought him much honor and a large
fortune. The last twenty years of his life were devoted
mainly to his waiting. The astonishing vigor of his mind
and body lasted to the end. By systematic temperance in liv-
ing he possessed perfect health through his whole hfe. His
principal exercise w^as walking. He often came dow^n town
from his home on Turk street above Van Ness avenue, but
rarely took a street car. As late as his eighty-seventh year
he occasionally walked from his home to the Clif¥ House, a
distance of six and a half miles. He had no final ilhiess.
Five days before his death, he took to his bed because of
physical weakness; and the evening before his death, with a
mind as clear as ever, he told his physician that he was feel-
ing well. He passed away peacefully and w ithout pain,

"Like one who wraps the drapery of his couch
About him, and lies down to pleasant dreams."

Though the practice of law was his chosen profession, the
writing of books was his chief love. From the amount pro-
duced, one might think that he lived always with a pen in his
hand. Of law books alone, he was a voluminous author, and

]2 CALIFORNIA ACADEMY OF SCIENCES [Proc. 4th Se».

his written contributions to law literature were substantial
and of high value. As a matter of record, his law books are
given herewith :

The Civil Practice Act of the State of California was pub-
lished in 1863; later edition, 1868.

In 1865, The General Lazes of California, two volumes; a
fourth edition, two volumes in one, in 1872. This work had
a particularly wide reputation, one authority saying that "it
was the most comprehensive and valuable law book ever pub-
lished in California."

In 1876, The Codes and Statutes of the State of Califor-
nia, two volumes in one. A supplement, in one volume, was
published in 1880.

He was also the author of Reports of Cases Determined in
the Supreme Court of the State of Nevada, six volumes,
1868-74.

At this late date, and to the lay mind, the enumeration of
the dry titles of old law books furnishes small indication of
his real achievement. Such works require minute exactness,
conciseness, clearness and a highly trained intellect. These
qualities Mr. Hittell brought to bear in his legal writing.
His books became indispensable parts of every attorney's of-
fice. He was regarded as a trustworthy authority in certain
branches of civil law, and he was frequently quoted in our
courts and even in the Supreme Court of the United States.

Though a prolific author of law books, Mr. Hittell's dear-
est occupation was writing books of general literature, but
principally of history. His legal activities accounted for a
life filled with strenuous labor; but his tireless pen was in-
cessantly busy, and brought forth fruits in other fields, suf-
ficient for the career of most hard working men.

His first published book was The Adventures of James
Capen Adams, printed in 1860. While local editor of the
Bulletin, he was one day attracted by an animal show which
was holding in a basement on Clay, near I.iedesdorff street.
Among the live animals were three grizzly bears, nanied Sam-
son, Ben Franklin and Lady Washington. Samson was of
enormous size and was said to weigh fifteen hundred pounds.
He was captured when grown, and, though not wild, was un-
tamed, and kept in a cage. The other two grizzlies were

Vol. VlII] IS' MEMORIAM: THEODORE HENRY HITTELL 13

captured when cubs and had been tamed by the owner. Mr.
Hittell noticed that the fur was worn off the backs of the
tame bears and was amazed to learn that they had been used
in the mountains as pack animals and that the owner rode
them when necessary. It did not take Mr. Hittell long to
become very well acquainted with the owner, whose name
was James Capen Adams, a hunter who had spent years in
the Sierra Nevada mountains. Adams had passed through
such curious and fascinating experiences that Mr. Hittell de-
termined to write a book about such an unusual bear hunter.
In consequence, for a year and a half, by tacit arrangement,
the author visited the animal show each afternoon after the
newspaper went to press, and listened to the hunter's tale.
These conversations he embodied in one of the best bear
books ever written. It was published in San Francisco and
also in Boston in 1860, but due to the Civil War it was not
widely distributed. The book contained 370 pages, was illus-
trated by a number of wood cuts by Charles Nahl and had a
brown cloth cover.

And now comes an odd and interesting sequel. Half a
century later, in 1909, Charles Scribner's Sons published a
notable book called The Grhdy Bear, by William H. Wright.
Its author was born in New Hampshire. In his preface he
makes the following remarkable statement :

*T have often seen in the newspapers and magazines
replies of various persons of note to the question, 'What
book has exerted the greatest influence on your life?'
Most of these answers I notice are rather hazy, but if I
had ever been asked to reply to this question, I should
have been able to answer without any hesitation. And
my answer would have been. 'The Adventures of James
Capen Adams, Grizzly Bear Hunter of California.' "

As a result of Wright's book, Scribner's got into communi-
cation with Mr. Hittell. and in 1911, they issued a second
edition of the James Capen Adams book, exactly in the original
fomi, as to type, illustrations and old brown cloth cover, with
an introduction and postscript added by the author.

In 1872 he published a criticism of Goethe's Faust. It con-
tained forty-six pages and was bound in paper covers. It was

14 CALIFORNIA ACADEMY OF SCIEXCES [Proc. 4th Ser.

a serious attempt to interpret the great poem which has been a
puzzle to leading critics for over a century. The review dis-
played much acumen. It was written wnth more than ordi-
nary care, and furnishes a fascinating introduction to the
study of one of the greatest of literary works.

Stephen J. Field, after an eminently successful legal career
in California, became Justice of the Supreme Court of the
United States. Around his picturesque experiences clustered
many of the exciting episodes in the history of the State. The
Sharon will case, involving Sarah Althea Hill and former
Chief Justice Terry, culminated in the shooting of Judge
Terry by U. S. Marshal Neagle, at Lathrop, Cal.. while
Neagle was acting as guard over Judge Field under instruc-
tions from the United States Department of Justice. This
tragic event caused a great sensation throughout the United
States, while California was for the time in a turmoil of dis-
cussion over the event and the causes that led up to it. Judge
Field was constantly importuned by his friends to write the
story of his dramatic life, and at length he dictated his rem-
iniscences to Mr. Hittell. This was in 1877. Judge Field
decided to issue the book privately, for distribution to his
friends only. In 1893 a second edition was printed for pri-
vate distribution, but the book was never officially published.
It is not generally known that Mr. Hittell wrote these remi-
niscences, although it could easily be inferred by a careful
reader; because on page 108, edition 1893, occurs the follow-
ing sentence: "Here my narrative of 'Personal Experiences'
must for the present end. I could have given you. Mr. Hit-
tell, more interesting matter." The volume is entitled Per-
sonal Reminiscences in California, and besides the dictated
portions and an article from the Sacramento Union on the
career of Judge Field, includes an elaborate statement of the
Sharon litigation and the sensational events that focused in
the death of Judge Terry, written by George C. Gorham, a
personal friend of Judge Field, and for many years Secretary
of the United States Senate. It is a book of absorbing in-
terest and is now very rare.

It was during his law partnership with Mr. Felton, and in
the most exacting period of his legal career, in 1871, that
Mr. Hittell began the stupendous work of writing his History

Vol. VIII] IN MEMORIAM: THEODORE HENRY HITTELL 15

of California. His experiences of six years as a San Fran-
cisco editor and his delving into historical records in connec-
tion with his law work, had revealed to him the wealth of
material for an amazing story. It Avas practically a virgin
field. Though up to that time there had been a number of
books on certain picturesque phases of San Francisco and
California, there had not yet appeared an orderly, continuous
and comprehensive record of the great drama of the discov-
ery, settlement and development of this State. His literary
imagination leaped at the visioned opportunity.

The principal material for the early history of the State
was buried in that immense and practically undigested mass
of documents known as the "Archives of California." These
were in manuscript, mostly in Spanish, a very few in English,
Gennan and Russian. Soon after California was admitted as
a State, the vital value of these early documents was seen,
both in reference to the complex land titles and also as his-
torical records. They consisted of letters, proclamations,
Mexican and Spanish official orders and various memoranda.
At length, by order of the United States Government, they
were collected and bound. Though there was an attempt to
segregate them into convenient classifications, it was a diffi-
cult if not an impossible task. In consequence, documents
germane to a given subject would be found in widely scat-
tered volumes, which made the gathering of material much
more complicated and vexatious.

These "Archives of California" comprised nearly three
hundred bound volumes of about 800 pages each and con-
tained about 250,000 written pages. They were in the office
of the U. S. Surveyor General in the U. S. Treasury Build-
ing, on Commercial street. In the great fire of 1906 the
larger portion was burned, but many of the documents can
possibly be restored due to the Spanish system of preserva-
tion. Some certified copies are now in Mexico or Spain, and
some may be found in the British Museum and various li-
braries in this country.

For historical purposes the Archives were absolutely indis-
pensable, and in them Mr. Hittell found a great part of the
material for the early period. As a rule, the chirography was
good, though in many instances the ink had faded. Since

16 CALIFORNIA ACADEMY OF SCIENCES [Proc. 4th Ser.

coming to California, Mr. Hittell had learned more or less
Spanish and he now cultivated a further acquaintance with
the language until he could read it with considerable ease.
For several years he almost daily visited the office of the Sur-
veyor General, and carefully copied the necessary original
documents. At his home now are thousands of pages of
these copies, which should prove to be of much value to the
future student of history.

After fourteen years of gigantic toil, in 1885 he published
the first two volumes; and twelve years later, in 1897, the last
two volumes. At that period there were few stenographers —
scarcely any outside of the courts — and no typewriting ma-
chines. Every word was written by himself in long hand.
He had no clerk, assistant or amanuensis. His voluminous
notes were in Spanish, German and French, as well as
English.

The work was hailed with high acclamations by all classes.
It is a monument to the author's painstaking genius, and con-
sidering the period in which it was written, it is a master
work. It abounds in noble passages of ofttimes eloquent
English. It is detailed, and yet in proper perspective. The
early portion was drawn directly from original, official but
unpublished sources. The later portion was even more valu-
able and interesting, for the author was a keen, trained ob-
server of the events written about, and often a participator in
them. And yet his determination to be impartial was so
strong that the reader would have difficulty in believing that
the author was an eye-witness and often an actor in the
scenes described. Inevitably, where current happenings are
told, people have diverging opinions. INJany persons may
have differed from his conclusions, but there were few to
deny that the work was a dignified, accurate account of the
State from its earliest beginnings, and a weighty and valu-
able contribution to history. It is a veritable mine of fact and
reference. Since then, and especially of late years, has arisen
the school of scientific historians, and much attention is at
present being given to a minute study of California history,
especially from the archives in Spain and Mexico ; and there-
fore the writing of Pacific Coast history is now on a firm and
satisfactory basis. When Mr. Hittell wrote, the knowledge

Vol. \'in] 7iV MEMORIAM: THEODORE HENRY HITTELL 17

of California was fragmentary and untrustworthy. He dock-
eted the facts, set them forth in an intelhgible and vastly in-
teresting manner, and, upon a large canvas, is indubitably
the pioneer of the true historians of his beloved State.

At the time of the San Francisco fire in 1906 the plates of
the history were in Oakland and thus escaped destruction.
Shortly afterwards they were removed to Mountain View,
near Palo Alto, where they met their fate in a fire. The
books are fast becoming rare.

As a historian and as a contemporary, Mr. Hittell was
always an admirer of George Bancroft, whose History of the
United States was for years the leading authority, and who
as Secretary of the Navy under President Polk, had an active
if not a predominant official part in the acquisition of Califor-
nia by the United States. It was a labor of love and grati-
tude to write a memorial address of George Bancroft and His
Services to California, which was delivered May 12, 1891,
before the California Historical Society.

In 1898 was published Book I of a Brief History of Cali-
fornia by Mr. Hittell, with an introduction by Professor
Richard D. Faulkner, principal of the Franklin Grammar
School of San Francisco. It contained sixty-eight printed
pages and was devoted to the Discovery and Early Voyages.
From Professor Faulkner's introduction, the plan was evi-
dently to publish a complete history of the State, as a school
text book, in twelve small volumes, which later would be pub-
lished in a single volume. For reasons not known, the plan
was not prosecuted further than the first volume. The style
of this little book is charming as well as simple and instruc-
tive, and it is a matter of regret that the series was not con-
tinued to completion.

Mr. Hittell wrote a comprehensive, detailed history of the
Academy, styled a Historic Account of the California Acad-
emy of Sciences, 1853 — 1903. As the dates indicate, the in-
tention was to close with the proceedings of the semi-centen-
nial meeting of May 18, 1903. It was written up to that
time, and was in the hands of the Academy authorities for
publication, and about a fourth part of it was in type at the
time of the great fire, April 18, 19 and 20, 1906. The printed
pages, the type of which had been set up. and some twenty

18 CALIFORNIA ACADEMY OF SCIESCES [Proc. 4th Sef.

pages of the manuscript, were consumed. The remainder of
the manuscript was in the Academy building on Market street
and was fortunately saved and removed to a place of safety.
With this partial manuscript and the proofs already in hand,
the complete history was restored. The beginning of the re-
construction of the Academy, immediately following the fire,
made it apparent that the closing period of the epoch was not
at the semi-centennial year of 1903, but more appropriately
rather the year 1906. The author, therefore, brought it down to
the end of 1906. Since that time it has not been possible to print
the history, and it is now awaiting a time when the money
shall be available for its publication. The manuscript con-
tains 374 pages. Much of it is in Mr. Hittell's best style.
His unusual skill in assembling and digesting details, his
laborious patience in studying the original sources, his experi-
ence as a historian on a larger scale, gave him especial quali-
fications for the task. Some of the records of the Academy
were destroyed in the great fire; others were to be found in
different documents and written books; here all are combined
in a fascinating story accurately and methodically set forth.
Here \\\\\ be found the amazingly romantic tale of James
Lick's wonderful benefactions. Because of Mr. Hittell's per-
sonal acquaintance with the men who made the Academy's
history, he could write with authority. No one else can, or ever
will, tell the story so w^ell and so reliably. The Academy, as
a historic institution, deserves that such an authentic record
should be published ; and it is to be hoped that the near future
will bring out this history in printed form.

In his miscellaneous reading, ]\'Ir. Hittell became interested
in Hawaii, and it was not long before his indefatigable pen
began a History of the Hawaiian Islands. He had never been
in those enchanted isles, and at his age he shrank from un-
dertaking an ocean voyage. But he collected practically all
the literature extant upon the subject, and, beginning in about
1905, he labored upon this work for seven years. The result
is embodied in 1563 pages of closely w-ritten manuscript, with
a Table of Contents of 172 pages. The work has not been
published. It is the most comprehensive history of these
islands which has vet been written.

\-0L. VIII] IN MEMOKIAM: THEODORE HEXRV HITTELL 19

He next wrote a history of the Miami Valley, in Ohio.
This was the home of his boyhood, and the pioneer period
there and the thrilling tales of the Indians had always held
a great fascination for him. The manuscript is closely writ-
ten, and comprises 112 pages. The copy, or second draft, was
finished January 18, 1915.

At the time Mr. Hittell arrived in San Francisco in 1855,
and for the next five years, much space was occupied in the
California newspapers by accounts of the sensational doings
of William Walker, the filibuster. This city was the home of
Walker and the starting place of his expeditions to Nica-
ragua. In his History of California, the author gave many
pages to Walker, and in his late life he wrote a Historical
Account of Walker the Filibuster. It was finished in 1915.
As it has not been published, it is in manuscript form only,
and comprises 284 pages, besides 33 pages of Table of Con-
tents, and 19 pages of Index. It is an accurate but vivid
account of one of the most noted and eventful adventurers
since the days of Captain Kidd.

When he was 85 years old, Mr. Hittell began writing his
autobiography. He persevered at this task to the end of his
life. As was natural for one of his great age, his recollec-
tions dwelt with especial fondness upon the days of his youth
and young manhood. The Reminiscences were written for
his immediate family, and therefore he took especial pains to
revive the memory of his ancestors in America, both on his
father's and his mother's side. The verification of dates and
the confirmation of family traditions consumed much time;
and in consequence the work proceeded slowly. According
to his universal custom, he wrote everything himself in long
hand; his first draft was carefully copied, corrected and in-
dexed ; so that his entire manuscript was written twice. His
methodical manner of working enabled him to cover much
ground, so that by the end of 1916 he had produced in cor-
rected form 270 legal cap pages of writing. Considerably
more had been written as a first draft. His last entry was
dated nineteen days before his death. Nevertheless, he had
progressed no further than the end of his college education.
It is an irreplaceable loss that he did not write of his life in
California, where his real career was lived. He saw so much

20 CALIFORNIA ACADEMY OF SCIENCES [Proc. 4th Ser.

that was dramatic, he was a part of so much history, that he
could have produced a picture of incomparable value and in-
terest. As far as it was written, the Reminiscences contain
many delightful passages, particularly those descriptive of the
home life in Ohio, three-quarters of a century ago, a period
now forever past.

In addition to papers delivered before the Academy of Sci-
ences, which will be mentioned later, Mr. Hittell published or
delivered the following, which are given here as a matter of
record :

Theodore D. Judah. The Engineer of the Central Pacific
Railroad. 30 pp. Delivered at Stanford University, Febru-
ary 21, 1896.

The Discovery of Humboldt Bay. 40 pp. Read before the
Society of California Pioneers, April 9, 1889.

Hozv Yoseniite Was Discovered. 33 pp. Read before the
Society of California Pioneers, January 8, 1890.

The Place in History of the California Pioneers. 8 type-
written pp.

The Big Bonani^a. Published in "Land of Sunshine," Sep-
tember and October, 1899.

Geographical Peculiarities of California. Published in
"Land of Sunshine."

Observations on the New Constitution. Published in
"Overland Monthly," January, 1883.

On the Tip Top of the United States. Published in "Sun-
set Magazine," February, 1903. This w^as a description of
his climbing to the summit of Mount Whitney, June 23,
1902, when he was over seventy-two years old.

Considering the career and the character of James Lick,
his benefactions were an unparalleled deed of philanthropy.
With the disposition of Lick's property, Mr. Hittell was
closely associated. His partner, Mr. Felton, and himself,
were Lick's attorneys through the long period of legal com-
plications, and Mr. Hittell became not only Lick's reliable
legal counsel but his trusted personal adviser. When Lick
was preparing his Trust Deed which disposed of all of his vast
property, Mr. Hittell suggested that he make the California
Academy of Sciences and the Society of California Pioneers
his residuary legatees. Mr. Lick thought the proceeding un-

Vol. VIII] /.V MEMORIAM: THEODORE HENRY HITTELL 21

necessary, remarking that he was now giving away all of his
property, and there was nothing left. Mr. Hittell observed
that it usually required considerable time to settle up an es-
tate, and that there might be something left over after all
the specific gifts were paid. James Lick followed this advice,
and his Trust Deed, after naming the specific gifts, divided the
residue into equal proportion between the California Academy
of Sciences and the Society of California Pioneers. On Sep-
tember 28, 1875, the Academy accepted the Lick deed, and
October 2, 1876, the death of James Lick was announced.
As predicted, when the estate was settled, there was a residue,
which, owing to the tremendous rise in the value of real es-
tate and the careful management of the trustees, amounted to
over $1,100,000, of which half was received by the Academy.
This institution is thus indebted to Mr. Hittell for his influ-
ence and his suggestion for a vast fortune, which made pos-
sible many years of active and efficient service in the cause
of Science.

In September, 1906, a special committee was appointed by
the Council of the Academy to represent the Academy at the
anniversary exercises of the California School of Mechanical
Arts, to take steps for the future proper observance of Sep-
tember 21st as the day on which James Lick executed his do-
nation. At a meeting held October 1, 1906, Mr. Hittell, rep-
resenting the committee, presented and read a report. It in-
cluded such an eloquent recognition of Mr. Lick's philan-
thropy that it seems appropriate here to quote the following
paragraph :

"The more his [Mr. Lick's] bequests are studied and
the greater the insight gained of the objects and pur-
poses contemplated by him, the more is the mind im-
pressed with the real greatness of the man. Of all the
many cases in which men have devoted great wealth to
public purposes, there was not one, considering all the
circumstances, that could compare in the genuine spirit
of benevolence and beneficence and the wisdom of its dis-
tribution with that of this grand old Californian. In
this last act of his long and laborious life, in which he
gave the results of his life's toil, and, as it were, his life

22 CALIFORNIA ACADEMY OF SCIENCES [Proc. 4th Ser.

itself for the benefit of his fellow man, he seemed to
have risen above the frailties of human nature and stood
forth as a model for respect and admiration."

The Academy of Sciences is indebted to Mr. Hittell for an-
other important benefit, which grew out of a voluntary service
he was faithfully performing. It has been noted that at the
time of the great fire of 1906 his History of the Academy had
been completed to the year 1903. Although the greater part
of the books of record of the Academy were saved on that
historical morning, those of the Board of Trustees were de-
stroyed. These contained, among other things, the accounts
of expenditure for the construction of the building on Market
street. The only available if not the sole evidence of these
accounts was the copies which had been taken for the object
of writing the Academy history; and they were used for this
purpose in the negotiations and settlements with the insurance
companies, thus proving of great value.

It was on September 5, 1887, that Mr. Hittell became a
member of the California Academy of Sciences. On Janu-
ary 5, 1903, he became a life member. He identified himself
with its interests and seldom missed either a regular or
special meeting when it was in his power to attend. In ad-
dition to the regularity of his attendance, he wrote and pre-
sented the following papers:

Siitro's New Water Power. 4 pp. Read October 15, 1888.

Memorial on the Death of Professor John LeConte. 4 pp.
Read June 1, 1891.

The Acorn and the Oak. 19 pp. Read February 4, 1889.

Change of Level in the San Francisco Peninsula. 5 pp.
Read December 16, 1888.

Oysters in San Francisco Bay. 15 pp. Read November 6,
1893.

Remarks on the Alameda Shell-Mound and Indian Medi-
cine Tube. 14 pp. Read October 15, 1894.

The Last of the Yosemites. 34 pp. Read April 9, 1890.

Pioneers in Death Valley. 25 pp. Read November 3,
1902.

Historic Sketch of the California Academy of Sciences.
Read at the Semi-Centennial Anniversary, May 18, 1903.

Vol. VIII] IN MEMORIAM: THEODORE HENRY HITTELL 23

Dr. George Chismore. 11 typewritten pages. Dated March
5, 1906.

Memorial in Remenihrance of General Lucius Harwood
Foote. 6 typewritten pages. Dated July 7, 1913.

He also wrote memorials on Dr. H. W. Harkness and Mr.
William Alvord, which were printed by the Academy.

He was elected a member of the board of trustees of the
Academy on January 4, 1909, and served until his resigna-
tion on January 18, 1915. Thus, from the time he was
nearly seventy-nine years of age until he was nearly eighty-
five, he was active as a trustee, and the records will show that
in that entire period of service he attended every meeting of
the board but one, or possibly two.

In the Academy campaign of 1904 for the State Constitu-
tional Amendment exempting the Academy from taxation, he
took an active part. To every newspaper in California that
opposed the amendment he wrote letters of argument and ex-
planation, and indubitably his cogent statements had a sen-
sible effect upon the attitude of the press.

When the time came for pressing the plan to move the
Academy of Sciences to Golden Gate Park, it was Mr. Hit-
tell who drew up the amendment to the city charter, which
was unanimously accepted in to to by the Board of Super-
visors, and passed by a very large majority of the vote of the
people in 1910.

And thus, in all ways, he gave evidence of his acute, per-
sonal interest in the Academy. He was as loyal to this in-
stitution as a true patriot is to the country of his allegiance.
Besides being a life member of the Academy, he was an
honorary member of the Society of California Pioneers. He
belonged to no other organizations.

Theodore Hittell was a man of much versatility of talent.
Among the principal assets to which he owed his various
achievements were perfect health and the ability for long-
sustained, arduous work. He was rarely if ever ill during
his long life. He carried on for extended periods the equiva-
lent of the work of two men, as this record of his life has
demonstrated. Though it is probable that the definition of
genius as being a capacity for taking infinite pains will not
explain the astounding manifestations of real genius, it is

24 CALIFORNIA ACADEMY OF SCIENCES [Proc. 4th Ser.

unquestionably true that this abihty can Hft talent above its
normal level and make it super-efficient in its results. Mr.
Hittell possessed great patience, and an immense capacity for
taking pains. Possibly these were the dominant notes in his
character.

It was this genius for details that made him a painter of
considerable skill. His early love of drawing was born at
his mother's knee. Later he attracted a good deal of local
attention for his pen and ink drawings. He soon flowered
into oil painting, which became one of the principal amuse-
ments of his early life. In those days painting in oil was
complicated by the necessity of grinding his own colors; but
he became almost infatuated with oil painting, and some of
his productions are still in existence. At Yale College he
gained a reputation as a cartoonist and his sketches were well
known and very popular.

Like most writers, he also wrote poetry. In his earlier life
he translated a number of poems from the German. In the
issue of September, 1903, Sunset Magazine published his
poem entitled A Blackfoot Burial. The same magazine, in
June-July, 1906, printed his Phoenix Redivivns, written to
celebrate the arising of San Francisco after the fire and
earthquake of that year. In April, 1907, the same magazine
printed his poem, Reconstruction, devoted to the same subject.

He was familiar with a number of modern languages, and
could read with ease German, Spanish, French, and also to
some extent Italian and Portuguese. He never attempted to
speak in any foreign language but German.

Mr. Hittell was a true Democrat of the sturdy and out-
spoken American type. When in college he did not join a
Greek letter society because he thought these organizations
were undemocratic. His hatred of despotism was never hid-
den under a bushel, but constantly burst forth in his writings
and conversation.

He was a man of unswerving integrity of character, verac-
ity of speech and sense of justice. He was tenacious, some-
times obstinate, in his attachment to his convictions; and
where a question of right was concerned, he was immovable.
When he was a young student he fell under the spell of
Thomas Carlyle. Only a few weeks before his death he said

Vol. VIII] IN MEMORIAM: THEODORE HENRY HITTELL 25

to the writer of these lines: "Whatever I may have of in-
tegrity of character, I owe to Carlyle. I became acquainted
with his writings early in my life, and he has had the great-
est influence over me of any man who ever wrote." Mr. Hit-
tell was also sensibly molded by Carlyle's gospel of work;
few men ever carried out so conscientiously the doctrine of
unremitting, strenuous toil. Thus may we account for
achievements in a single lifetime seldom exceeded in extent
and excellence combined. He enjoyed his life to the full, and
he had the proud consciousness of success in almost every-
thing he undertook.

In his latest years, outside of his interest in the Academy,
he was a spectator rather than a participant in public activi-
ties. In consequence, his opinions were not modified through
actual friction with events, and he did not, from the stand-
point of the present, keep up with the startling changes in
modern methods and beliefs. To the unthinking or unim-
aginative, he was of the old school, of a past era, of ancient
viewpoints. So, too, may we all, as the years draw to the
end, be regarded by the rising generation as old-fashioned in
principle and as unprogressive ; and so, too, may we, in return,
look upon the latest generation as too radical, unchristian, or
even immoral. It is the way of all time. The new crowds
out the old, and is in turn crowded out by the still newer.
Each may be right in the light of his own time ; for one day
differeth from another in glory and in the shadows which it
casts.

G. W, Dickie,
Leverett Mills Loomis,
Ran.som Pratt,

Committee.

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