USA > California > Tuolumne County > A history of Tuolumne County, California : compiled from the most authentic records > Part 11
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38
These considerations, as well as others which suggest themselves to the thoughtful student of political economy,
139
HISTORY OF TUOLUMNE COUNTY.
gave rise to broad and comprehensive questions hinted at in the beginning of this article, regarding the proper man- agement and disposal of the mineral lands. It was asked, Shall these lands, the treasure house of the universe, and the direct and immediate cause of the unexampled pros- perity of the country, pass from the hands of the General Government ? If so, how ? By pre-emption ? By sale ? By donation ? In large or small lots ? And again, Who should be allowed to work and hold them-American citi- zens only, or both them and foreigners ?
A thought may now be given to the situation of affairs in Tuolumne county, as concerned in the above questions.
All the laws and regulations concerning the mineral lands of the various sections were the result of the miners' own action. Untouched by State or national laws, the gold seekers were left to their own devices as regarded the disposal of the ground in which they worked. But early in the history of this county it has been seen that leagues of miners existed. The want of systematic rules giving to each one his proper rights was felt immediately upon the first experience in mining; and with the true manly in- stincts of the pioneers to uphold the weak and helpless, they made such regulations within their own " districts " as served to restrain the strong and aggressive, while giv- ing to each his right to profit by the riches so plentifully diffused.
These mining laws, which at a later period were of course rendered null and void through the passage of legislative enactments covering the points at issue, have now become only a matter of history, which it may be well to more fully particularize. The following extracts from the mining laws of Springfield may serve as an example to show the scope embraced, as well as giving hints as to the necessity which induced their adoption.
140
HISTORY OF TUOLUMNE COUNTY.
After premising that " California is, and shall be, gov- erned by American principles, and as Congress has made no rules and regulations for the government of the mining districts of the same, and as the State Legislature has pro- vided by statute and accorded to miners the right of making needful laws, rules and regulations that do not conflict with the constitution and laws of California,
" Resolved, therefore, That we, the miners of Springfield Mining District, do ordain and establish the following
" RULES AND REGULATIONS.
" ARTICLE 1. A claim for mining purposes within this district shall not exceed one hundred feet square to each man, nor be more than one hundred feet in length.
" ART. 2. That no man within the boundaries of this district shall hold more than one workable claim.
" ART. 3. That each and every man within the bounds of this district shall perform actual labor upon said claim one day out of every three, or employ a substitute; otherwise such claim shall be forfeited : Provided that claims on dry gulches, or other places, that can be worked advantageously only by water companies, etc., shall be good until water is brought in: Provided also, that wet claims and carting claims not workable in the rainy season shall be good also without working from the 15th of No- vember till the 15th of May.
"ART. 4. The bounds of claims shall be established and defined by putting up good and substantial stakes at each corner, and recording the description of the lot in the precinct registry; and by putting up one notice at each end of the claim, signed by each person or individual of the company; and the names of the several persons holding such claim shall be signed in their own handwriting, in the book of registry.
141
HISTORY OF TUOLUMNE COUNTY.
" ART. 5. When two or more claims join together, and are worked by companies, such companies can work any portion of such claims as they deem expedient, complying with Article 3.
" ART. 6. Disputes concerning claims shall be settled by referring them to a standing committee of five, or by arbi- tration, or by jury. Each member of the standing com- mittee, who may arbitrate on any case, shall be paid two dollars for such service.
* * * *
* *
" ART. 12. In case of sickness, no miner shall forfeit his claim.
* * * * * *
" ART. 14. All companies going to great expense in running tunnels, in order to prospect the hills, shall be en- titled to two claims, each person of a company.
" ART. 15. A Recorder of this District shall be chosen, and shall be paid fifty cents for recording the title of each mining claim. The Recorder shall have the custody of the books, laws and proceedings of this mining district.
" ART. 16. All foreigners subject to pay a foreign miners' tax, when called upon to show their license, and cannot or will not do the same, shall not be permitted to hold a claim in this mining district; and any such claim, purporting to be held by him, or them, shall be forfeited.
" JUBAL HARRINGTON, President. "J. W. GLASS, Secretary."
These simple laws, with a few of less importance which it is deemed unnecessary to reproduce, were found amply sufficient for the maintenance of order in the important district of Springfield; and equally simple and concise were the rules and regulations of other districts. Of course they were but a makeshift, serving to bridge over the time until the legislative bodies of the State or Nation should
142
HISTORY OF TUOLUMNE COUNTY.
make such enactments as should serve in their stead. It is to be observed that these primitive regulations did not in any case look towards a final settlement of the important questions which agitated the mining communities. It was, as already observed, with a view of influencing the authori- ties to make such a settlement of these questions, that con- ventions, so called, of miners, were held; and it is of the celebrated convention at Jamestown, that met on the 8th of September, 1852, that the following facts are preserved.
The body of delegates, one hundred and ninety in num- ber, organized by choosing J. M. Mandeville president, and L. L. Alexander secretary. Then proceeding to busi- ness, they adopted a series of resolutions, directed to the consideration of the people and of the legislative bodies, deploring the past inaction of the miners, and recommend- ing such legislation as in their opinion would remedy the then existing state of insecurity; adding, that the natural- ization laws should not be so construed as to embrace within its scope the motley races from Asia, Polynesia and South America. They declared it the plain duty of the Legislature of the State to pass laws to impede and obstruct the immigration of the last named classes; recommending that, in order to effect that purpose, a hospital tax of five hundred dollars should be levied upon each such objec- tionable immigrant.
These resolutions, with others, proclaiming among other things that the legislation of the State had previously been only for the benefit of the capitalist, and not for that of the miner, and that the miners of Tuolumne would look there- after upon those only as true friends who used their en- deavors to procure legislation in correspondence with the ideas advanced, were unanimously adopted; as also were another series of this tenor:
" WHEREAS, it is deemed necessary to take immediate
143
HISTORY OF TUOLUMNE COUNTY.
action to drive the coolies from some of our mining dis- tricts; therefore,
" Resolved, that we recommend to the miners of the various mining districts to take such steps as will rid us of the same.
"Resolved, that this Convention pledges the aid and sup- port of those whom they represent, if needed, to remove said coolies and other foreigners."
The Convention, after adopting an "Address to the Miners of California," adjourned.
Only in part have the suggestions then laid before the governing bodies been adopted. Congress, after years of delay, provided suitable laws for the disposition of the United States' mineral domain, but, with the most utter disregard for the moral interests of California, it has dallied and hesitated over the crying evil of Chinese immigration until almost too great to be borne, while legislation of the kind calculated to settle the question forever seems further off than in 1852.
It is an interesting subject to trace the moral effects of such meetings as these; interesting though difficult, for many causes may have combined to induce the legislation and the views that now prevail, though that fact does not detract from the importance of these waves of popular feel- ing, which, emanating from minds the ablest and most vigorous of the century, remain attractive reminiscences of history, attesting to the growth of thought and intelligence rife among a people wrought upon by the most unique sur- roundings, which surroundings themselves have something of the sternness and even of the poetry that alone have been able to inspire the action and thought characteristic of the strong-minded people who make history, and lay the foundation of States as the enduring remains of their great- ness.
144
HISTORY OF TUOLUMNE COUNTY.
Inner Life of the Miners.
Thus far in this work but little mention has been made of the inner life of the miner. That subject, now of en- grossing interest, has furnished the inspiration of many an article by Californian and other poets and prose writers, who have in this found a treasure-house from whence may be drawn an unceasing store of incident suited for elaboration by the graceful pen of a Harte, a Clemens or a Miller. But it is not the heroic or the poetical aspects of life that the sober requirements of history must affect. A more fitting subject for the moment is the narrative of how the miners passed their time in the winter.
The inhabitants of the Atlantic States and of the cities of California, and even the earlier immigrants to the mines, first imagined that the rainy season, corresponding as it did to the cold, dreary winter of the East, was of necessity the most disagreeable and unremunerative portion of the year to those engaged in mining. In the earlier years in which this industry was prosecuted, a succession of severe win- ters, coupled to the added disadvantage of the total want of roads, rendered the mines at times totally inaccessible. Famine, in consequence, was seriously feared, and the fashion then became common of retiring to the towns near San Francisco Bay, in order to pass that portion of the year.
This erroneous custom became abandoned in the succeed- ing years, when the fact was demonstrated that a far greater portion of the mining ground was workable during the wet season than at any other time. During the dry season most of the land surface was above the influence of the running streams, around which were gathered the majority of the population. On the hillsides and elevated table-lands water was rarely to be found, the ground was baked to its hardest, and the labor of prospecting was found burden-
concen
145
HISTORY OF TUOLUMNE COUNTY.
some and disagreeable. When winter came, a new direc- tion was given to the exertions of every miner. They then forsook the river beds and the coyote diggings, and spread- ing themselves over the surface of the country, took ad- vantage of every little pool of water and every running streamlet, to minister to the desired end. The most provi- dent, not wandering aimlessly, had before prospected and found a deposit of " pay dirt," near which they had erected a cabin and provided themselves with a store of food suffi- cient to last through their winter labors. The situation of those whose wise foresight had dictated such a course was not only tolerable, but was far superior to that of the labor- ing class in the cities.
Winter and spring were, and are, preeminently the most favorable seasons for placer mining, and they were, in ad- dition, the most pleasant in the life of the gold-digger. It was never too cold for outdoor work. There were doubt- less days when the intensity of the rain, or the presence at rare intervals of snow, made it disagreeable; but doubtless the heat of summer was a far more unpleasant circumstance. And when, after the hours of exhausting, though often profitable and pleasant, toil were over, the miner repaired to his stout log hut, where, with plentiful though rough fare spread before him, and a cheerful fire blazing on his hearth, he was moved to pity the less favored inhabitants of those localities where daily toil was insufficient to procure comfort and abundance. Then it was that, amid the com- panionship only of bearded men, often the chance acquaint- ances of a week or month, he sighed for the society which was his at a former day, and longed to see around him the well remembered faces which he might never look upon again. Then was it that the husband resolved to devote his earnings to the darling object of removing hither the natural and affectionate partner of his toils; and then did
146
HISTORY OF TUOLUMNE COUNTY.
the victim of single-blessedness make up his mind to return home for a while, that he might bring back some loved one towards whom his heart yearned in former days.
During the long winter evenings the miner enjoyed, bet- ter than at other times, the opportunities for rational de- lights. If he has had the forethought and the good taste to have provided himself with books, papers, pens and ink, he then had the opportunities of passing the time with good and lasting effects, besides making himself comfortable through their agency. He then indited long letters home, or read such volumes as by accident found their way to this secluded region; or, if his lot happened to be cast among congenial spirits, he sat and whiled the time away with conversation and song, diversified, perhaps, with a friendly game of cards or similar amusement. Happy they who spent their leisure time in their own log cabin after this fashion, rather than at the drinking-house, the gambling table, or the dancing saloon!
It is repugnant to man's nature to live a life of solitari- ness. So those pioneers found, although they endured it for a time, that their bright hopes for the future might have fruition. Thus it was with most in California. They toiled and suffered many privations, that their bright dreams of future happiness might become true; but as the years went on and the advantages of the new land became more appa- rent, many were brought to think that all desirable happi- ness could be created here; that they could rebuild the homes that had perished with the scattering of their fami- lies, or transplant those whom a kinder fate still preserved on the old homesteads. So believing, some began to gather around them the ties for which they yearned; the family altar and the household gods began to be reared in the land, and the good old times began before many a cottage hearth to be raised from among the buried years.
.
147
HISTORY OF TUOLUMNE COUNTY.
Not for all was this happy fate reserved; many a one had left all the endearments of home, and, with a heart buoyant with expectations, sought the far-off land of gold. The clank of his pick had been heard in its rugged ravines, his merry laugh had rung upon the hills, and life went pros- perously on until Death's unfeeling hand beckoned him from the busy ranks of life. Disease prostrated his manly form; upon a rude couch, within a narrow tent, withont the gentle, pain-dispelling hand of woman about his sleep- less couch, he wasted away. When the icy arms of Death were thrown around him, chilling life's warm current, no father or mother was there to smooth his rough passage with their prayers; no wife, sister nor brother stood by him as he contended with the fell monster. No sobbing mourners followed in his funeral train, no church bell tolled for his departure, or gray-haired pastor chanted the prayer for the departed; a few comrades bore him to the lonely spot where he now rests.
His blanket was his winding-sheet, the cold, harsh clods his coffin lid; his little tent stood empty and alone; the pickax and shovel lay idly by; his merry voice was heard no more among the hills; the old hearth at home had one less around it, for his place in the family circle was for- ever vacant. Where he sleeps, no sculptured marble marks the place, no tombstone rears its head; the hands of love have planted no flowers at his grave that the tears of affec- tion might water. Yet the lone grave of the miner has its watchers, and the sun shines on it bright and warm.
The Execution of Bruce.
On Friday, December 8, 1854, Robert Bruce was hanged at Sonora, for the murder of a Mexican Indian boy, of six- teen. The murder took place in Sonora the previous year,
148
HISTORY OF TUOLUMNE COUNTY.
and was committed during a brawl in a fandango-house. Bruce was immediately arrested, tried and convicted, but owing to the law's delays, more than a year passed before his execution. In the meanwhile the criminal, in company with another convicted felon, named Hayes, broke jail, and, aided by the darkness, got as far as the vicinity of Burns' Ferry, where they were discovered by the pursuing party. In the attempt to arrest them, Bruce was severely wounded. Being returned to the county jail, a day was set for the execution, on which Bruce was to suffer, together with his brother convict, Thomas Crooks, also under sentence for committing a murder. Four days before the appointed time, the sentence of the latter was commuted by Governor Bigler to ten years' imprisonment, the ameliorating cause being that Crooks was suffering from an attack of delirium tremens at the time of the murder.
On Friday, the people from the surrounding camps began at an early hour to make their way to the place of execu- tion, and by noon the largest assemblage thus far seen in Tuolumne County had gathered. Just at noon Bruce was taken from the jail, placed in a carriage, in which the Sheriff and other officers were seated, and escorted to the place of execution, by the two military companies of Tuol- umne, the Sonora Grays and the Columbia Fusiliers. Arriving at the gallows, the doomed man alighted from the carriage and ascended the steps to the platform, with a firm and determined tread, exhibiting a stoical indifference to life, which he maintained throughout the whole proceed- ings. The Sheriff read the death warrant, and intimated to him that he could then speak if he wished. Bruce arose composedly and made a short speech, declaring his inno- cence, and stating that some witnesses for the people had sworn his life away. At the close of his few remarks, the Rev. Mr. Evans, pastor of the M. E. Church South, at
149
HISTORY OF TUOLUMNE COUNTY.
Sonora, performed religious services and pronounced an appropriate address. Bruce then took leave of his friends and of the officers of the law and the bystanders. His hands and feet were tied, the rope adjusted around his neck, and at fifteen minutes before one o'clock the trap- door fell, and all that remained of Robert Bruce was a corpse suspended from the gallows.
Although this was, as before remarked, the largest assem- blage ever yet held in Tuolumne County, vet the utmost decorum and good order prevailed throughout, and no untoward scenes occurred to mar the solemnity of the occasion.
So died the second person who suffered death at the hands of the law in the fair city of Sonora. Two previous executions there had been, but of these, one-that of Jim Hill-was by mob law, as has already been described.
The first man who died in obedience to the outraged laws of the land was Jose Corrales, who was hanged in Sonora January 7, 1852, for the crime of horse-stealing, the law of that time providing the death penalty for that offense. This man's execution was witnessed by a great crowd, but which was a most orderly assemblage. Previous to his death, the convict confessed his guilt, and seemed resigned to the fate which awaited him. This execution would seem to have created a less impression upon the pub- lic than such scenes usually do, for the newspaper accounts of the affair were exceedingly meager.
Murder of Parrot by Peter Nicholas.
The particulars of this murder, and the subsequent at- tempts to lynch the aggressor, have remained in the memory of the old Tuolumneites until now, when they are gathered from the narratives of various persons-now appearing as follows:
150
HISTORY OF TUOLUMNE COUNTY.
On Sunday, November 13, 1853, an Austrian named Peter Nicholas, from Sawmill Flat, visited Columbia, and becom- ing intoxicated and quarelsome, sought a difficulty with Captain John Parrot, from Pine Log, but formerly from Gloucester, Massachusetts. Parrot strove to avoid his as- sailant, replying to him calmly and endeavoring to remove his hands from his (Parrot's) throat. Stepping backward, he fell; upon which the Austrian sprang upon him and thrust his bowie knife into the neck of the prostrate man, making a wound which penetrated into the cavity of the chest, and from which recovery was impossible. Medical treatment only served to prolong his life until the Friday following, when he died. The parties had been perfect strangers to each other up to the time of the murder, and no palliating circumstances whatever attended the killing.
Immediately upon the conclusion of the bloody deed, Nicholas, still drunk, and with the bloody knife still in his grasp, was arrested by citizens and handed over to the au- thorities, and by them removed to the jail (a permanent institution in Columbia), and there' confined until the fol- lowing morning, when he was examined belore Justice Carley and committed to await the result of his victim's wound. Before his removal from the Justice's office could be effected a large crowd had assembled, among whom were many miners front Pine Log, neighbors of the wounded man, all of whom had evidently resolved upon rescuing the prisoner from the officer and summarily stringing him up. The prisoner was loudly demanded by the ever-growing mob, and active measures began to be taken to defeat their intentions. Constable Connor swore in a posse of special Constables, and the prisoner was chained to staples driven into the Court-room floor. But these precautions were absolutely of no avail, for, at a sig- nal, the officers were secured, the staples drawn out by
151
HISTORY OF TUOLUMNE COUNTY.
means of a pick, and the prisoner was thrown or dragged out of the house and passed along over the heads of the dense crowd, now thoroughly infuriated; thence he was borne along Broadway, by the efforts of men, some of whom held to him by the hair, by the arms, legs, or any available grip, until a convenient pine tree was reached in the rear of Van Gulpen's store. A rope was speedily pro- cured, thrown over a limb, and the prisoner would have immediately met his deserts had it not been for the timely interference of Mr. James Coffroth and others, who made appeals to the multitude to grant a fair trial, which, after much parley, was acceded to, and the multitude, now in- creased from hundreds to thousands, moved toward Gold Hill as a convenient spot for the proceedings.
On arriving at Gold Hill, Dan. Patterson was appointed Sheriff with several deputies, a jury was impaneled, con- sisting of four men from Pine Log and eight from Colum- bia, and including some of the most respected citizens. At this juncture Major Solomon, the Sheriff of Tuolumne county, and a most efficient officer, arrived, and addressing the people, urged them to obey the laws, and demanded that the prisoner should be given up to him. Mr. Coffroth followed in his support, but in spite of all the efforts of the law and order portion of the crowd, it was resolved to retain possession of the man and try him, and if found guilty, to hang him without delay. Acting under this de- termination, the assemblage directed the jurors to be sworn, and appointed Thomas N. Cazneau as prosecuting attorney, while Mr. Coffroth and Col. Gillespie were to de- fend the prisoner. Meanwhile Deputy Sheriff Randall (now of the Union Democrat) had arrived, and acting upon his suggestion, a force of men who had just got in from Sonora in aid of the Sheriff were posted near the prisoner, and a signal agreed upon at which he might be seized,
152
HISTORY OF TUOLUMNE COUNTY.
placed upon a horse stationed within reach, and hurried away from the scene. To do this required many minutes of preparation, during which Mr. Coffroth, who had been made acquainted with the plot, filled in the time by mak- ing an extended harangue to the multitude while acting in his capacity of defendant's counsel. He spoke for half an hour upon the evil effects of mob law, and eloquently ex- horted the assemblage to stand by the officers of their own choice, the dignity of the town and county, etc. At the close of his remarks the jury retired, returning in a quar- .ter of an hour with the following verdict:
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.