USA > California > Placer County > History of Placer county, California > Part 21
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EMIGRATION TO CALIFORNIA.
the valleys; made a constitution guaranteeing free- dom, with laws of justice and equality, and impressed a character upon it which will never be obliterated.
DOMESTIC HABITS OF THE PIONEERS.
For the satisfaction of curious women who wish to know how their fathers and brothers managed housekeeping, and for men who never tried pioneer life, and have no prospeet or necessity of trying it, this is written. Many exaggerated stories are in circulation concerning the habits and characters of our early settlers. Bret Harte, Joaquin Miller, and a score of other writers, have taken some odd sample of humanity, added some impossible qualities, and set him up to be laughed at, or perhaps admired; when the fact is, the caricature is about as near the original as the Indian maiden of romance is to the filthy squaw of reality. The '49er is represented as having pounds of dust loose in his pockets, which he passed out by the handful for whisky or whatever struck his fancy; as carrying an arsenal of knives and revolvers which he was wont to use on the slightest provocation-" rough but generous, brave, and kind." While it is true that an ideal '49er occa- sionally made an appearance in those days-for it is almost impossible to draw a monster, physical, moral, or intellectual, that has not some familiar features-the fact is, that the mass of the people had no resemblance to the ideals of Bret Harte or Joaquin Miller. They were sober, industrious, and energetic men, who toiled as men with ambition and strength can toil. The labor these men performed in dam- ming and turning rivers, or tunneling mountains, was not the spurt of enthusiasm born of whisky. Many of the men had families at home whose letters were looked for with the most eager interest. The younger men, who had not families, had ties perhaps equally as strong. The exceptions, which have given such a false character to the '49er, were un . principled adventurers from every State and nation, gamblers in bad repute, even among their own kind, frontiersmen who acknowledged no law, and fugi. tives from justice everywhere. This was the class that made a vigilance committee necessary in San Francisco in 1850 and 1856; which occasionally aronsed the wrath of the mass of miners by robbing or killing a peaceable citizen. The description of this class is not the object of this chapter; they have already, in the hundred books which have been written ofthem. had more notice than they deserved. The substantial, honorable, and industrious must now claim our attention.
THE MINERS' CABIN.
When the lucky prospecter had found a paying claim, the next thing was to set up his household. From two to four was the usual number of the mess. The summers were long and dry, and there was no discomfort in sleeping out of doors. But even in summer a house, though humble it might be, had many advantages over a tent for comfort and secu-
rity. A stray horse or ox would sometimes get into the flour-sack or bread sack, npset the sugar, or make a mess of the table-ware. Wandering Indians would pilfer small things, or take away clothing which might be left within reach; but in a cabin things were tolerably secure from depredation. A site for a cabin was selected where wood and water were abundant. These things, as well as the pres- ence of gold, often determined the location of a future town. Bottle Spring, Double Springs, Mud Springs, Diamond Springs, Cold Springs, and Soldier Springs, at once suggest their origin, as places of encampment, as Ophir, Secret Ravine and Dry Dig- gings did places of gold. In the earlier days, log- cabins were soon put up, for suitable logs were found everywhere. Though these cabins are in the dust- passed into history-there is no need of describing them, as the books are full of the " settlers' log- cabin," and no boy of the present generation, who has arrived at the age of ten, would need instruc- tion in building one.
In the western settlements a floor made of hewn timbers (puncheons) was usual, but the ground served for a floor, and was considered good enough for a man. The sleeping places were as various as the minds of men. Sometimes a kind of dais, or elevation of two or three feet, was made on one side of the cabin, where the men, wrapped in their blank- ets, slept with their feet to the fire. Generally bunks were made by putting a second log in the cabin at a proper elevation and distance from the sides, and nailing potato or gunny sacks across from one to the other, making in the same way a second tier of bunks, if necessary. Some fern leaves or coarse hay on these sacks, with blankets, made a comfortable bed. A good fire-place was necessary. Most of the mining was in water, necessarily involv- ing wet clothes. A rousing fire, especially in winter, was necessary to "get dried out." Some of these fire-places would be six feet across, and built of granite or slate rocks, as each abounded. There was not much hewing done to make them fit. When the structure bad been carried up four or five feet, an oak log was laid across as a mantel-piece, and on this the chimney, generally made of sticks or small poles plastered with mud, was built. A couple of rocks served for rests for the backloy and forestick. A shelf or two of shakes, or sometimes an open box in which pickles or candles had come around the Horn, would serve for a cupboard to keep a few tin plates, and cups, and two or three cans containing salt, pepper, and soda. A table of moderate size was also made of shakes, sometimes movable, but oftener nailed fast to the side of the house. Those who crossed the plains would often take the tail gate of the wagon for this purpose. A frying-pan, coffee- pot, Dntch-oven, and water-bucket completed the list of household utensils. As the miners became prosperons, a soup- kettle for boiling potatoes, and also for heating water to wash their clothes on a
HISTORY OF PLACER COUNTY, CALIFORNIA.
Sunday, was added. Somewhere in a corner was a roll of paper, with pen and ink, with which to cor- respond with the folks at home.
HOUSEKEEPING AND COOKING.
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Cooking was sometimes done turn-about for a week, and sometimes seemed to fall to the lot of the best-natured one of the crowd, the others bringing wood and water by way of offset. Not much attempt was made at neatness, and oftentimes one had to console himself with eating only his own dirt, for there were camps where the dishes were not washed for months. Sometimes a little hot coffee turned on a plate would take off the last-formed dirt; but washing dishes-the everlasting bane of woman's housekeeping-was, if possible, more repugnant to man, an was frequently omitted; it made the gold- pan greasy (the miners prospecting-pan served for washing dishes as well as gold, also as a bread-pan. and wash-tub on Sunday ); there was no time to stop after breakfast, and they worked so late that they could not delay supper for the dishes to be washed, and so they were left from day to day. The cooking was a simple matter, boiling potatoes, making coffee, frying slap-jacks and meat being the usual routine. Bread ?- yes, I am going to tell you about that. All sorts of bread but good bread were made at first. The miners knew that their wives and mothers put in soda, so they put in soda. Some of them brought dried yeast across the plains, and undertook to make raised bread, but as a general thing miners' bread was but sorry, sad stuff. The most successful plan was to keep a ean of sour batter (flour and water mixed ), with which to mix the bread. neutralizing the excess of acid with soda. Some of the miners became quite expert with this, judging to a nicety the exact amount of soda required. Dough mixed in this way and set in the sun would soon raise, and, if the soda was rightly proportioned, was palatable and wholesome. The sour batter was splendid for slup-jucks. The old story that a Cali- fornia miner could toss his slap-jack np a chimney, run out doors and catch it as it came down, right side up, is too old to be repeated; but it is a fact that they would turn the slap-jacks witha dexterous Hip-flap of the frying-pan, though when the batter was made stiff enough to stand this kind of nsage the cake would answer for half-soling a boot. The better way was to have two frying-pans, and turn the cakes by gently upsetting the contents of one into the other. Thirty years experience and observ- ation suggest no improvement on this method.
Practice made many of the miners expert cooks. New methods of cooking were sought out, and new dishes invented. Think of using a dry-goods box for an oven, and baking a pig, or shoulder of mutton in it! No trick at all. Drive down a stake or two, and on them make a small scaffold, on which to place your roast; now build a very small fire of hard wood, at such a distance away that a moderate
sized dry-goods box will cover it all, and your arrangements are complete. The fire will need replenishing onee or twice, and in two or three hours, according to the size of the roast, you may take it out, done in a rich gold color, with a flavor unat- tainable by any other method. Steaks were roasted before a fire, or smothered, when sufficiently fried by the ordinary process, in a stiff batter, and the whole baked like a batch of biscuit, making a kind of meat pie. Game sometimes entered into the miner's bill of fare. Quails, rabbits, bares, coons, squirrels, and hawks, were all converted into food, as well as deer and bear.
THRIFTY CHARACTERS.
Among the heterogeneous elements who thronged the golden regions, there were odd characters among the men; and incidents comic and otherwise were con- stantly occurring. Tools of various kinds were very searce, at Murderer's and Buekner's Bars in 1849, but the Vermont Company, comprising many mechanics, was the best supplied, and the thrifty habits acquired in the State whence they came fol- lowed them into the land of gold-more so in small details than in the larger transactions of the period. Thus they would rent to a neighbor on the bar a two-inch auger, or a cross-cut saw, for the paltry sum of only $2.00 a day; and other tools proportion- ately. Following their example, a Campbellite preacher named Parker, from Missouri, rented out a sledge hammer for $1.00 a day, and, having a dimin- ntive-sized grindstone, would only charge a half- dollar for its use in shaping any kind of a tool; and as Sunday was the time which many set apart to do their tool sharpening, and the old gentleman would give the miners a preach in the forenoon, one of his sons -of whom there were two-and a son-in-law named Green, then young men, would stay by the grindstone and collect tolls. Many people were irreverent enough to think that the old man had in his time been " up to snuff," for, as he would occasionally pass by the tent, where betting at monte was pretty lively, while pretending to not know the cards, would watch them as the dealer turned them up and involuntarily ntter a suppressed "oh! ah!" from time to time till the deal was ont. By his thrift he got very well off that fall and went back to Missouri.
MEANNESS AND ITS REWARD.
.A company of eleven men located upon the river, and according to rule each one took turn-about at cooking a week, the usual diet being bacon, beans and slap-jacks or bread. Some of these men turned out to be the champion mean ones of the region; for, when it came to the week of one of their number for cooking, he thought he would vary the bill of fare and have something good. By way of aston- ishing his companions. he laid low, and at supper time brought on to the table biscuit sweetened with molasses. A growl was started at the extravagance of the cook; some of the party would not eat at all,
RESIDENCE OF D. W. SPEAR, AUBURN PLACER CO. CAL.
王治
ORGANIZATION OF STATE GOVERNMENT.
and the upshot of the affair was that it culminated in the collapse of the company, nine out of the eleven leaving, and abandoning the claims they were working, which naturally fell into the possession of the two men who remained-a Mr. Stacy, from Mac- edon, Wayne County, New York, and the cook who had unwittingly caused the trouble. This ground, thus abandoned, was worth tens of thousands of dol- lars, as was afterwards proven. Mr. Stacy left it in the fall of 1851, after having made with a rocker 87,000, and it was then comparatively untouched.
FIRST DUEL IN PLACER.
It was here, during the same summer of 1850, that the first duel was fought in Placer County, Colonel Potter, who was subsequently a clerk in the Califor- nia Legislature during several sessions, and an Eng- lish sailor named George Melville, a well-bred and companionable man, got into a dispute relative to mining operations, and a challenge passed. This was on Saturday evening upon Murderer's Bar. Early on Sunday morning the combatants, with sec- onds, and perhaps twenty friends of each party, crossed the river and took position at twenty paces apart on the mining ground just back of Buckner's Bar. The weapons were pistols. One shot was fired, and neither of the men were hit. Potter, see- ing that his opponent was unhurt, threw down his weapon, and cried out " Load again;" but seconds and friends intervened, explanations were given and apologies made, when the two men shook hands, recrossed the stream, and passed the remainder of the day in conviviality.
A HOMICIDE.
About this time a homicide occurred-the only one that summer in that immediate locality-arising from the disputed ownership to a mining claim. A man, designated Black Walker (which appellation he bore to distinguish him from three other residents of the same surname, and who were called respectively Ken- tuck Walker, Long Walker, and Scotch Walker), kept a few articles on sale in a tent upon Murderer's Bar, and a " claim" had fallen to him in the way of trade which would be drained by the flume. The Saturday upon which the water was turned into the flume, Walker went upon the ground and found that it was claimed by two young men named Beck and Rice, who were there ahead of him. A few harsh words followed, when Beck, who was an athletic young lawyer from the State of Kentucky, pushed Walker into a pool of water, from which he seram- bled, remarking as he did so that he was no match for them in a contest of that kind, but would soon be back prepared for " business," and, in the meantime, they could "fix " themselves.
Going to his tent he soon emerged therefrom with a double-barreled shot-gun, and hallooed to the men who were thickly interspersed over the ground. to " look out!" Beek, in the interim, bad obtained a Colt's navy revolver, and, seeing Walker approach
in a hostile attitude, drew it and calmly waited the coming of his foe. When at close range, both fired simultaneously, Beck falling. He immediately jumped up, however, and endeavored to fire again, but could not raise his arm. Rice, seeing that his partner was struck, immediately went to him, when Beck said, " I can't shoot, you use the pistol," and fell upon his back a dead man. Ile had been struck by a dozen buckshot. Rice's impulse was to use the pistol; but the determined aspect and words of Walker, backed by the formidable shotgun, deterred him. The act was witnessed by several hundred men, and might have been prevented.
Beck was quite a favorite with the populace, and a fine agreeable young fellow. As soon as they real- ized the extent of the transaction and beheld the body of one of their number lying prostrate in death, cut off' at the dawn of manhood, many men became excited, and the cry of " hang him! bang him!" rang from one to another of the fast gathering multitude.
Walker bravely stood bis ground, and, informing the crowd that he did not intend to attempt an escape, by his bearing soon found advocates, who began the counter cries of " give him a chance!" " let him have a fair trial!" etc., until the excitement somewhat abated. Though the homicide was com- mitted outside of the jurisdietion of El Dorado County, it was much more convenient to go to Coloma than to Nicolaus, and thither went Rice for an officer, who subsequently came and took Walker away. Nothing was done to him by way of punishment, however, but he thought best to dispose of his few goods on the bar as soon as possible, which he did, and left.
CHAPTER XVIII.
ORGANIZATION OF STATE GOVERNMENT.
The Government Before the Conquest-Colonial Governors of California-The Government Ad Interim-The Military Governors of California-Calling a Constitutional Conven . tion-Meeting of the Convention-Delegates from Sacra- mento District-First State Election-Organization of Coun- ties-Sutter County-Story of a Navigable Stream-Elec- tion of County Officers-The First Session of Court-The Court House at Oro-Election for County Seat-Story by Judge Keyser-Permanent Homes Appear-The Govern- mental Organization.
THE population of California in the fall of 1849 was believed to considerably exceed 100,000. mostly composed of the arrivals during the year, and a still larger immigration was expected the succeeding year. This placed the country above the rank of a Territory, as then established by the relative sys- tem of Congressional representation, and entitled it to the full dignity of Statehood. With such a popu- lation, far removed from the central power. the organ- ization of a Government was a duty and a necessity.
Following the conquest the country had been under a Military Government, with such laws as
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HISTORY OF PLACER COUNTY, CALIFORNIA.
could be adopted from the Spanish Codes and Amer- ican customs in vogue among the people. With the new immigration loeal governmental organiza- tions were effected, laws made and courts held. Jus- tice, rather than technicalities, formed the basis of their jurisprudenee, and by prompt execution of sentences, whether by formal courts, courts impro- vised for the occasion, or general expression of the people present, order was maintained and the rights of individuals observed.
THE GOVERNMENT BEFORE THE CONQUEST.
Law may be said to have been introduced into Alta California in 1769, when the Francisean Padres, under the leadership of Fatber Junipero Serra, founded the Mission of San Diego. The Padres had full control of the Mission settlements, and admin- istered justice in the manner best ealeulated to further the interests of their religion and govern- ment. Later, when pueblos were established, justice was administered by an Alcalde, whose authority and that of the other civil officers gradually eneroached upon the jurisdiction of the Padres, until finally, when the Missions were seenlarized, the civil power obtained supreme control, its authority extending along the whole eoast, and as far inland as the military arm had strength to carry it.
Under the Mexican laws of 1837 the courts of Alta California were established under the following form: The highest court, having an appellate juris- diction and corresponding in character to our Supreme Court, consisted of four Judges and an Attorney General. and was divided into first and seeond benches, the three senior Judges composing the first, and the junior the second. The first bench was called the Court of the Third Instance, and its decisions were final. Appeals lay to this court from the second bench, or Court of Second Instance. The latter court had first jurisdiction of appeals from the Court of the First Instance, the highest local court then existing, and having somewhat the powers of our Superior Court. It became customary for the First Alcalde to exercise the duties of Judge of the Court of the First Instance. The lesser mag- istrates consisted of the Alealdes and Justiees of the Peace, whose duties very closely corresponded to those of our justices.
California was denominated a Department and divided into distriets and partidos. There was a Governor appointed by the President of Mexico, who also was commander of the military forces, a Seere- tary, Departmental, or Territorial Legislature, a Fiscal Prefect, and Sub-Prefects to execute the laws, and for town governments an Alcalde, who was Mayor and Magistrate, and Ayuntamientos, or Town Councils. The Legislature, or Departmental Assem- bly, consisted of seven members and held their sessions at Monterey, the Capital. The next highest politieal officers to Governor were the Prefects, the jurisdiction of each, respectively, was a district.
The Sub-Prefects had jurisdiction over partidos. The Department of California was divided into three distriets, the third comprising the Sacramento Valley, or entire northern part of the Department. Capt. John A. Sutter was appointed Alealde and Commandant of the district by Governor Michelto- rena. The Mexican Congress bad decreed, in 1843, that there should be no Courts of Second and Third Instance in California, and the Governor was ordered "to take care that justice is punctually and com- pletely administered in First Instance, by Judges of that grade, if there be such, or by Alcaldes or Jus- tiees of the Peace." This arbitrary order compli- cated matters very much, when, under American rnle, the aets of Alcaldes, acting as Judges, came under the review of the United States Courts.
COLONIAL GOVERNORS OF CALIFORNIA.
Upon the first colonization of California by the Franeiscan Fathers, under Junipero Serra, in 1767, Spain ruled in Mexico, being represented by a Viceroy, and through him appointed the Governors. The first Governor of Alta California was Gasper de Portala, appointed in 1767 and held office until 1771.
Felipe Barri, from 1771 to December, 1774.
Felipe de Neve, from December, 1774, to Septem- ber, 1782.
Pedro Fages, from September, 1782, to September 1790.
José Antonio Romen, from September, 1790, to April, 1792.
José Joaquin de Arrillaga, from April, 1792, to May, 1794.
Diego de Borica, from May, 1794, to 1800.
José Joaquin de Arrillaga, from 1800 to 1814. José Arguello, from 1814 to 1815.
Pablo Vincente de Sola, from 1815 to November. 1822.
The Mexican Revolution in 1822 severed the coun- try from Spain, and after that date the Governors of California held their office by Mexican appoint- ment.
Pablo Vincente de Sola continued in office until 1823.
Luis Arguello, from 1823 to June, 1825.
José Maria Echeandia, from June, 1825, to Janu- ary, 1831.
Manuel Vietoria, from January, 1831, to January, 1832.
Pio Pico, from January, 1832, to January, 1833.
Jose Figueroa, from January, 1833, to August, 1835.
José Castro, from August, 1835, to January, 1836. Nicolas Gutierrez, from January, 1836, to May, 1836.
Mariano Chico, 1836.
Nicolas Gutierrez, 1836.
Juan B. Alvarado, from 1836 to December, 1842.
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ORGANIZATION OF STATE GOVERNMENT.
Manuel Micheltorena, from December, 1842, to February, 1845.
Pio Pico, from 1845 to the conquest in 1846.
THIE GOVERNMENT AD INTERIM.
The Military Governors after the American con- quest endeavored to establish courts under the Mex- ican system, and they answered the temporary purpose, where good sense and honest intent rather than the technicalities of legal forms or the inapplicable doctrine of stare decisis governed the officers, judge or jury.
The first Magistrate, as has been stated, of the Sacramento District, was Captain Sutter. After the conquest John Sinclair was appointed Alcalde, and held the office until the fall of 1848, when Franklin Bates was elected First Alcalde and John S. Fowler Second Alcalde. Their jurisdiction exten led from the Cosumnes River to the northern extreme of the State, including the valley of the Saeramento and the mountains sloping to it. The code of laws they were acting under, or by what form or authority, they hardly knew, but mixed the Spanish and Amer- ican as they deemed fit; certainly there was a form of law, and it was generally respected as such. The district was populated almost exclusively by Ameri- cans, who are too strongly attached to law and order, to continue long under an indefinite system. To supply a partial remedy, a Board of Commissioners was selected early in the spring of 1849, at Sutter's Fort, to frame a code of laws for the district. This was the first step to American government in the Sacramento Valley. The following-named gentle- men were chosen: Samuel Brannan, Jacob R. Snyder, - Slater, Samuel J. Hensley, James King. W. B. Cheever, M. M. Carver, John McDougal, Barton Lee, A. P. Petit, Dr. Carpenter, J. B. Southard and John S. Fowler. This commisssion met under a large oak tree on the bank of the Sacramento River, where now terminates I Street, Sacramento City, and pre- sented their plan aud form of government. This provided for the election of one Alcalde and a Sheriff, to have jurisdiction throughout the district, embrac- ing an area of about 36,000 square miles .. The elec- tion was held, and Henry A. Schoolcraft was elected Alcalde and A. M. Turner, Sheriff-this constituting the first American judiciary in northern California, continuing in authority until the fall of 1849.
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