History of Alameda County, California : including its geology, topography, soil, and productions, Part 128

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206

USA > California > Alameda County > History of Alameda County, California : including its geology, topography, soil, and productions > Part 128

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).

899

BIOGRAPHICAL SKETCHES.

time, his sole occupation, and he was quite as much at home in "the timber" or on the prairie as any Indian of them all. The party soon arrived at the hunting-grounds, and were meeting with success in trapping, when one day a Delaware came into camp with the news that a marauding party of Comanches, following the trail from New Mexico into Chihuahua, had surprised himself and trapping comrade, whom they killed. He escaped and came with the news. The plan adopted by the hunting party was to fix a point for rendezvous, while, in an area of leagues about it, the traps are set, which at stated periods are visited by the hunters, who generally go in couples. When this area is pretty well trapped over, the rendezvous is moved farther on and the same operation repeated. It was on one of these visits to the traps that the Comanches surprised the Delaware and his fellow, and took a scalp. On hearing the report the Delawares at once made ready for pursuit and revenge. Hays, who had cast in his lot with them, could not remain behind. The Comanches were well mounted. They are called the "horse Indians," as they are nearly always astride of their ponies, and avoid the brush in favor of the open country. They will not follow an enemy into the timber, but will hover around for days to catch him in the open. The Delawares were soon afoot and on the trail of their enemies, following them with that dogged purpose of revenge that is never satisfied, except by blood. The Colonel told very graphically the story of that long journey, with the never-tiring, swinging trot, of which, not having tribal instinct to sustain him, nor being actuated by a thirst for blood, he soon grew tired and became footsore. Nevertheless he held his pace, side by side, with his red-skinned companions. They neared the banks of the Rio Grande on the third day, in the cool and gray of the morning, and after a stealthy reconnoissance discovered their Comanche foes-numbering about one hundred and twenty-in a bend of the river. Their horses were picketed, and their owners reposing in fancied security, as they had set no outlook. The time and opportunity for attack were propitious. With a sudden war-whoop, the small band of Delawares sprung upon their foe. The crack of the rifle was followed rapidly by the crunch of the tomahawk, and before the surprised Comanches were fully aware of the sudden death that had fallen on them, eighty had bitten the dust. The rest took to the river and sought to reach the opposite side, but many of them were shot while in the water. Very few escaped. It was a scene ghastly with blood and death, and the uninitiated white boy, yet to be hardened in similar adventures, grew sick with the slaughter. Indian bravery and the white man's courage are the same qualities, but differing in manifesta- tion. All the Comanches' horses and the plunder they had gathered in the New Mexican raid fell into the hands of the victorious Delawares, and when later in the season a division of the spoils, as well as the profits of the hunt, was made, each of the seventeen Indians besides young Hays, was comparatively rich. The share in goods and money was nearly $500 a head. Hays was successively attached to the commands of Colonel Smith and Colonel Barnes in guarding the Mexican frontier, and fighting the Indians, and under both officers he distinguished himself for his courage and skill. Early in the campaign young Hays was with Colonel Smith and a few daring men on a scouting expedition near Toredo, a Mexican fort on the Rio Grande, two hundred miles southwest from San Antonio. Their party did not num- ber more than twenty-five, and some eighty Mexicans made a sortie from the fort. The little band of Americans retreated with the Mexicans in full pursuit, and took up a position in the chaparral. The Mexicans surrounded them, and demanded their surrender, threatening vengcance on them when captured. Colonel Smith disregarded the insolence of the pursuing party and received their fire, which did no harm. The Mexicans dismounted and ventured within forty or fifty yards of Smith's men. The men had never before met the Mexicans or been under fire, so that there was a moment of suspense as to their action under these trying circumstances, but when Smith gave the word of command their destructive fusillade struck terror into the Mexican ranks. About twenty were shot dead on the spot and the remainder broke and fled, but the

900

HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

majority of them were captured and all their horses fell into the hands of the Ameri- cans. Colonel Smith did not lose a man. Such was the training Colonel John C. Hays received. Colonel Karnes then formed a company to fight the Indians, and young Hays was one of the first to join. Their antagonists were chiefly the Comanche Indians, who fought against all parties. Shortly afterward Hays was employed in surveying government grants to soldiers on the western streams of Texas, and, in the unsettled condition of the country, it was necessary that each surveying party be accompanied by a guard of soldiers. These were often placed under the command of Hays, and in the first of his expeditions he and his party were taken prisoners by the Cherokees. His four or five men were surrounded by the Indians and they sought safety in flight. They would have escaped had it not been that their movements were impeded by a little boy who was unable to keep up, and compelled them to halt. The savages, under pretense of friendship, were allowed to come near, and then declared the little band prisoners. Hays told his men under no circumstances to give up their guns, and the succeeding day he learned through a negro of his party who understood the Cherokee language, that the savages were being pursued by a band of Comanches, and further that they feared the unerring aim of the prisoners, who stubbornly refused to give them guns. Moreover, they dreaded that the massacre of the prisoners would bring on them an avenging pursuit from San Antonio. This knowledge gave Hays confidence, and he boldly demanded the release of his party, and he solemnly assured the Indians that he would kill the first man who repeated the attempt to get posses- sion of their guns. The horrors of the situation were such that one man of his party- a brave man, too-found his hair turned from black to gray in a single night. Never- theless, on the second afternoon the Indians made a proposition that the surveyors be released on signing a paper testifying to the friendly character of these Indians. The captives agreed, and were released. The famous Texas Rangers were organized in 1840, and John C. Hays, then twenty-seven years of age, was commissioned to their command by the Texas Congress. In this responsible position, his bravery, skill, and sagacity became proverbial. Once, shortly after the organization of the Rangers, he had started out on an expedition with about twelve men, and in the Cañon de Ubalda, he came unexpectedly on twelve Indian scouts, who were three or four miles distant from their main body. He rode his party quickly down on the Indians, until within sixty or seventy yards of them, when they fled to a thicket, where they took shelter behind three oak-trees and a log. Captain Hays dismounted his men and surrounded the thicket. Then with two men he plunged in to fight the Indians. The first discharge of arrows killed one of his men and badly wounded the other. Hays was himself wounded in the finger, and he helped his wounded comrade out of the thicket to a place of safety. Then with a double-barreled shotgun and a pistol he returned to the thicket. Waiting his opportunity, and when three of the savages had come within fifteen feet of him, he discharged the two barrels of his gun, killing an Indian with each. Reserving his pistol for an emergency, Hays crept out of the thicket, and, taking a Yager rifle, went back to the desperate encounter. For three hours he thus carried on the fight. The arrows of the enemy fell thick and fast around him, but the density of the bush and his constant changes of position ren- dered them harmless. Whenever an Indian presented himself for an instant, the

unerring bullet of Hays' rifle laid him dead, until all but one of the savages had fallen. This sole survivor was armed with a gun, and proved a formidable opponent. This Indian lay concealed behind a log, while Hays remained in the obscurity of the thick underbrush, and managed to cover his foe. In an unguarded moment the Indian raised his head from behind the log, and two muffled shots rang out as each fired at the same moment. The Indian's bullet grazed Captain Hays' shoulder, but the other bullet went home-the Indian was killed. The Indians' horses were taken, and the scouting party of Rangers returned safely to camp. From 1836 to 1842, after the defeat of Santa Ana, no concerted invasion occurred; but in the latter year General

901

BIOGRAPHICAL SKETCHES.

Woll advanced on San Antonio with one thousand five hundred veteran troops, accom- panied by artillery. Major Hays was in the town when the summons came to surren- der, but his Rangers were far away, and he could only organize a hasty army of about sixty fighting men. With these he repulsed the first attack of the Mexicans, but it was plain to be seen that no successful resistance could be made against the over- whelming numbers of the enemy. Consequently, when the Mexicans sent in a flag of truce, demanding the surrender of Hays to them, and promising immunity to the citizens, the Major, accompanied by a companion, left San Antonio, passing through the enemy's lines in disguise. He then sent his companion for re-enforcements, him- self remaining in the vicinity, reconnoitering the Mexican position and watching their preparations. In eight days two hundred men arrived, and were successfully placed in the town, unknown to the attacking forces. The next day, by a shrewd strategic device, the Mexicans were drawn into battle, with such disastrous effect that at night they beat a hasty retreat. Hays having been re-enforced by a force of three hundred men from the Colorado settlements, began an active pursuit, which, after several encounters, finally resulted in the battle on the Solado, and a complete extirpation of the Mexican soldiery from Texan soil. In the Mexican War Colonel Hays distin- guished himself under General Taylor, especially at the battle of Monterey, where he commanded a corps of Texan troops who led the van and contributed materially to the success of the American forces on that occasion. He was afterwards transferred to the command of General Scott, and when General Santa Ana surrendered, the prisoner was consigned to the care of Hays, in recognition of the prominent service rendered by the troops under his immediate command in effecting the surrender. In 1849 Colonel Hays crossed the plains to California, and arriving in San Francisco, found that city in a chaotic condition-overrun by the boldest and most dangerous criminals the world has ever produced. The first election for county officers in San Francisco took place April 1, 1850. The principal office to be filled was that of Sheriff, for which there were three candidates. Colonel J. Towns was the regular Whig nomi- nee; Colonel J. J. Bryant the nominee of the Democratic party, and Colonel J. C. Hays was selected by the people as an independent candidate. Bryant was a famous gam- bler, with plenty of money, and it soon became apparent that the contest was really between himself and Hays, the dashing Texan Ranger, as he was then called. Col- onel Bryant, a man of fortune, determined to spare no expense or exertion to secure his election. He was proprietor of the most extensive and best conducted hotel in San Francisco, known at that time as the Bryant House, formerly the Ward House, which was a great resort for politicians, and where hundreds of the Colonel's pre- tended friends and real supporters enjoyed his generous hospitality. A band of music was daily stationed on the balcony of the hotel, after the nomination of its proprietor; free lunches were served up in the spacious saloon; and on the day of the election the building was literally covered with flags, while the finest liquors were served at the bar gratuitously to all who chose to call. On Saturday afternoon, March 29th, the friends of Colonel Hays held a mass-meeting on the plaza, and, after several spirited addresses, formed in procession, headed by music, and paraded the principal streets, cheering and being cheered by multitudes of spectators, as they passed along. The Bryant Democrats also made a splendid display on the plaza the same evening. The election on the ist April was conducted, as may be imagined, with more than usual spirit. At noon it was evident that Colonel Hays was the people's favorite, and this incited the Bryant party to increased effort, and they succeeded temporarily in retrieving their candidate's fortunes. But in the midst of the excitement Colonel Hays, mounted upon a fiery black charger (he was a splendid horseman, Texas and Mexico having been his schools) suddenly appeared. The sight of the Texan hero, as he sat bareheaded and unattended upon his charger, took the people by surprise, and soon the heavens were rent by applause, deadening the sound of trumpets and drums, and reaching the islands of the bay and its further shores. A description

902

HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

written at the time says men crowded around him on every side, some seizing the bridle, others clinging to his clothing and stirrups, and each anxious to obtain a grasp of his hand. The noise and tumult terrified the spirited beast he rode, which reared and plunged among the enthusiastic crowd, though the animal was so admirably man- aged that no injury was done. When, at length, the rider gave him the rein, he dashed into and along the adjoining streets, followed by loud huzzas and vivas at every spring. This settled the business. The Colonel had 'witched the crowd by noble horsemanship. Bryant's friends gave up the struggle, and the Texan Ranger was elected by an overwhelming majority. Talking about this affair in after years, Col- onel Hays, in his usual modest way, always asserted that he had no design in visiting the plaza as he did. The only object he had in coming to the polls was to learn how the vote stood. He had mounted a horse for convenience, not for display; but the enthusiasm of his friends gave life to an idea which he had not conceived, and in this case, as in many other experiences of life, an important issue hinged on a trifling circumstance. Colonel Hays was re-elected at the next annual election, September 3, 1851, and held until 1853, when William R. Gorham was elected. As an instance of Sheriff Hays' faithfulness to his official duty, regardless of public opinion, and bravery in fulfilling it, his action in the case of Samuel Whittaker and Robert Mckenzie may be mentioned. These were two criminals who were executed on the 24th of August, 1851, by the first Vigilance Committee. Owing to the interference of the authorities, the Committee had a more difficult task than they expected in bringing Whittaker and Mckenzie to justice. Hon. John McDougal, Governor of the State, although he had previously approved the citizens' movement as a needed assistance in dealing with an exceptional condition of society, thought proper on this occasion to issue his proclamation warning "all good citizens" against the acts of the Committee; and on the morning of the 21st, before sunrise, Sheriff Hays and one of his deputies, armed with a writ of habeas corpus, issued upon the affidavit of Governor McDougal himself, boldly entered the Vigilance Committee's rooms, took the men named (who had already been tried by the legally constituted authorities and condemned for burglary, robbery, and arson), and returned them to the county jail whence the Committee had taken them. It was thought the Sheriff was aided by treachery on the part of the citizen guards; but he took his men in defiance, as it was his duty to do. The Committee after- wards recaptured and hanged them, as mentioned. The case of the New Orleans may be remembered by some. This steamship had been attached for sixty-five thousand dollars, and lay moored at the old Long Wharf. Captain Ned Wakeman, who had been the hero of more than one escapade in running steamers off under a Sheriff's nose- the most notable one being in New York Harbor-itched to get away with the New Orleans, and, once on blue water, to snap his fingers at all Sheriffs and their legal pro- cesses. Sheriff Hays was wary. Sixty-five thousand dollars were at stake, and it stood him in hand to keep his eyes open. One evening a messenger came running into his office, out of breath, and said :-

"Something wrong going on down at the wharf, Colonel."

"What about?"

"The Orleans. Steam's up. It looks to me as if she was going to take a trip." It did not take many moments for the Sheriff to reach the scene, where he found a sailor meddling with the moorings.

"Let that line alone," commanded the Colonel.

"Who are you?" asked the sailor.

"I'm the Sheriff of the county. Get away from there as quick as you can."

The sailor reported the state of affairs to Captain Wakeman, who thought he could do what the seaman failed to accomplish. He came forward for the purpose.

"Wakeman," said the Sheriff, slowly, "you must let that line remain where it is."

"Suppose I choose to cast it off, what then?"

"I will kill you," returned the Sheriff, in a low tone and the same even voice, but there was no mistaking the look in his eyes.

903

BIOGRAPHICAL SKETCHES.

The two men-Greek joined Greek-about equally matched in resolution and dar- ing, looked steadily in each other's face for about a minute, Wakeman with his hand on the hawser, and the Sheriff with his on the butt of his pistol. "I believe you would, by -! " said the captain at last. The steamer remained at the wharf. During Colonel Hays' incumbency of the shrievalty, December, 1851, Indian trouble began in the southern part of the State, and the confederated Indian tribes menaced the white settlers so seriously at the time that they applied for aid to General Hitch- cock, commanding the United States forces in California. He accordingly sent as many of his troops as could be spared, and authorized the raising of two companies of mounted volunteers. Great excitement prevailed in consequence of this permis- sion and the previous alarming news. Numbers hastened to enroll themselves in the proposed companies; but, to the disappointment of many applicants, a selection of those offering could only be received. The two companies were placed under the respective commands of Colonel John W. Geary and Captain Daniel Aldrich, while Colonel John C. Hays was appointed to the command in chief. Later intelli- gence from the south was to the effect that in the face of this armed preparation, the Indian difficulties had been arranged, and the volunteers were not called on. There was lively work for Colonel Hays and the volunteers in the spring of 1860, when the Pah Utes, numbering about three thousand warriors, made a formidable disturbance in the now State of Nevada; but it proved to be a good deal of a tem- pest in a teapot after all. The Indians were maddened by the horribly brutal action of a man named L-, who kept a stock ranch on Van Dusen River. This man had an Indian boy in his employ, who occasionally would go off to visit his relatives, and his absence so incensed the ranchero that he visited the family one morning and mur- dered every member of it, putting the victims on a rude raft of logs, which he directed to "W. H. Mills," and started it down the river. Mills was opposed to the ill-usage of the Indians, much less their indiscriminate slaughter. Winnemucca called his war- riors to the field, to revenge the rancher's atrocity. He had, according to his own account, about three thousand men, while the volunteers under 'Hays numbered six hundred. There was a good deal of scare among the settlers of the Carson River country about Winnemucca's movements, and an appeal to the public made May 31, 1860, says: "The volunteers now in the field are our main reliance for conquering a peace." The population of Virginia City at the time was about one thousand. An account of the transactions of that period gives a slightly ridiculous phase to the cam- paign, and says when the volunteers left Virginia City for Pyramid Lake May 26th, there were more officers than privates. On the 30th of May Colonel Hays, with five hundred men, had a brush with the Indians near William's old station, in which seven Pah Utes were killed and three volunteers wounded. The Cromwellian method was strong in Colonel Hays, It is recorded of Oliver that when he was tra ning his Iron- sides he used them daily to look after, feed, and dress their horses, he taught them to clean and keep their arms bright, and have themselves ready for service; to choose the best armor and arm themselves to the best advantage. Upon fitting occasions, and in order to inure their bodies to the service of the field, he also made them sleep together on the bare ground, and one day before they actually met the enemy, tried their courage by a stratagem. Leading them into a pretended ambuscade, he caused his seeming discovery of danger to be attended by all the circumstance of actual war. Terrified at which about twenty of the troops fled; and these Cromwell immediately dismissed, desiring them, however, to leave their horses for others who were not so easily scared. The parallel, relatively, in Colonel Hays' case is that when the volun- teers for the "Washo War," as it was called, offered to place themselves under his command, he accepted the leadership, but on condition that they give him complete control, and obey orders as implicitly as though he were empowered to shoot down the disobedient. They agreed to those terms, and for several days before they took up the line of march, he subjected them to incessant drilling and other military exer-

904

HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

cises. He would not move until the men had a fair practical knowledge of military discipline, and could receive orders without being confused. Cromwell's false ambus- cade is also paralleled by an amusing test to which the Colonel put some of his officers. While sitting around the camp-fire one evening, he slyly and unperceived hid among the glowing coals a can of fruit, which, on becoming heated, burst with a stunning report. At the same time the Colonel shouted, "Injins!" and gave the reg- ular Delaware war-whoop. The effect was electrical. Everybody sprang to their feet, and some stood their ground bravely; but two or three of the group rushed wildly into the sage-brush. One of those who beat a hasty retreat was afterwards a member of the San Francisco Board of Brokers and is now enjoying his otium cum dig. in New York, passing rich, and perhaps, occasionally, fighting his battles o'er again when his achievements cannot be discounted by facts. The history of the Washo War, with which Colonel Hays was so intimately connected, has never been written in full. A public meeting to consider the situation, to aid the volunteers in the field, and relieve settlers harassed by the Indians, was held at the Merchants' Exchange June 1, 1860, and Messrs. R. Meacham, Harvey S. Brown, S. P. Dewey, A. Fonda, R. G. Eells, H. F. Teschemaker, Colonel A. B. Perkins, Charles Hosmer, Captain J. B. Olney, and George O. Whitney-well-known names of the time, many of whom have now passed off the stage of action-were appointed a committee to collect subscrip- tions to purchase provisions for Colonel Hays' command, who were fighting and starving at the same time. Josh. P. Havens had written Governor Downey that the troops had no credit and no money, and desired permission to pledge the credit of the State for provisions and transportation. The Governor refused, as he had no authority in the premises. So the "army" had to get along the best way it could. It numbered about four hundred and fifty men, when it rendezvoused at Camp Hays, May 24, 1860, on the Carson River, about twenty miles below Carson City, the officers in command were Colonel John C. Hays; Second Lieutenant-Colonel E. Sanders; Major Charles S. Fairfax, Acting Adjutant-General; Major B. S. Lippincott, Quarter- master; Captain McNeesh, Assistant Quartermaster; Major R. N. Snowden, Commis- sary-General, and Dr. Perkins, Surgeon. Besides the four hundred and fifty volunteers there were about one hundred and sixty-four United States troops, artillery, and infantry, under command of Captain Stewart, Third United States Artillery. Dr. Keeney was surgeon to this command. Captain Treadwell Moore, A. Q. M., and the well-known Ned Byrne, Quartermaster's clerk. General Josh. Havens, Captain Lip- pitt, Frank Soulé, and other prominent San Franciscans, were with it as volunteers. Colonel Hays and Captain Stewart acted in concert, though their commands were distinct. They marched up the eastern side of the Carson River to a fort, then across the river to the valley of Pyramid Lake, where something like an action took place, and the names of Richard Snowden, Major Ormsby, Henry Meredith, and a few others who fell in this war, are to this day remembered with regret by their friends. Alameda County and the city of Oakland owe much to the enterprise and energy of Colonel Hays, who, at an early day, began to take a deep interest in the welfare and prosperity of the community. When Colonel Hays in 1852, began to direct his attention to this side of the bay, the site of Oakland and its suburbs was controlled as a vast ranch, by Vicente Peralta, under a Spanish grant. Squatters were, however, beginning to crowd in, and Peralta, perceiving that under the loose laws governing the rights of land-holders, he could not long withstand these encroach- ments, accepted a proposition from Hays, Caperton, and others, by which all the dry land north of the estuary and south of Lake Merritt passed into their hands through a bona fide sale, the title of which has been fully recognized and confirmed by the United States Government, and upon which all right, title, and interest of present holders are based. The southern portion of the city was speedily improved by Colonel Hays, and, being divided into building lots, was sold at a handsome profit. After retiring from the office of Sheriff, Colonel Hays took up his residence on this

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.

History of Alameda County, California : including its geology, topography, soil, and productions, Part 128

Author: Munro-Fraser, J. P Publication date: 1883 Publisher: Oakland, Calif. : M.W. Wood Number of Pages: 1206

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206