The Argonauts of California: being the reminiscenses of scenes and incidents that occurred in California in the early mining days

by Charles Warren Haskins

It was customary, also, among many of the miners to play all kinds of practical jokes upon each other, and one amusement, in particular, was to place a flat stone, or board, upon the top of a chimney, and then to be near at hand in the morning when the victims were trying to cook their breakfast amidst the smoke, occasionally coming to the door with the tears streaming down their cheeks, swearing until all nature around looked blue. They would assert that some “infernal sea cook” had come in the night and stolen the draught, or had turned the chimney “tother end up.” It didn’t take long, however, to discover the cause, and then the remark was “that Nantucket sea cook of a Tom Ferney done it,” they knew.

It is necessary to explain here, as it may be the means of giving a wrong impression in relation to the habits of the old-timers, to elucidate what is meant by the boys dressing up after the day’s work

was done. In all civilized societies the expression “to dress up” signifies to change, or to alter one’s general appearance by the donning of “a biled shirt,” store clothes and a plug hat, perhaps. There was no necessity, however, in the mines for being very particular about the style. It is true that at this time there would be found occasionally one who would shave or trim up his whiskers and even don a fancy necktie, but he was looked upon with suspicion. His ancestors were sporting men, probably, and he had inherited the tendency. There was not, in the opinion of these old-timers, any necessity or use in dressing up in “store clothes” or “biled shirts.” The “dress up,” therefore, to which I had reference, consisted of washing the face and hands, taking a fresh cud of fine cut (Mrs. Miller’s brand), or donning a clay pipe, well stocked.

All of my readers, perhaps, have during their lives many times read of or heard discussed the old worn-out subject of “female influence,” but it is but very seldom that any of us are enabled to see the effect of the absence of woman so practically illustrated as it was in the mines. For the first two years, or up to the arrival of the emigration from across the plains in the fall of ’50, the condition of the mining population, especially their carelessness in regard to appearances, mode of life, and habits in general, showed conclusively that man, when alone, and deprived of that influence which the presence of woman only can produce, would in a short time degenerate into a savage and barbarous state.

At this time, also, there was but little necessity for law, except to restrain the vicious element among the few Mexican horse-thieves, who had found their way into the mining regions, but this class, Judge Lynch dealt with in a very summary style, and they soon became scarce. No standing army or armed force of policemen were required to protect the rights of the forty-niners, for they were, as a general rule, a class who respected law and order, as well as the rights of others, and illustrated the fact that among a class of men who are disposed to do what is right, with no desire to injure or trespass upon the rights of others, no law for their government or control is really necessary. It is very true, however, that in the cases of many who had occupied high positions in church organizations in the East, upon finding themselves thus placed, afar from all restraint and church influences, did reveal their true nature by falling from grace and practicing habits that were strictly prohibited by ecclesiastical law. Yet these were the exceptions, only; not the rule. We were, of course, under the jurisdiction of the U. S. Government; but no laws could be put into force or executed as no officers had been appointed for the purpose. We elected, however, an Alcalde, according to the Mexican custom, who decided all cases occurring in relation to the disputes among miners. All cases of a criminal nature were decided by a committee of the whole, a jury for the purpose being chosen from the mining community, and all criminals being granted a fair and impartial trial.

But a change soon took place in our political affairs, for upon November 13th, 1849, the constitution of the Territory was adopted, and Peter H. Burnett was elected our first Governor.

The election to vote upon the adoption of the constitution and for Governor in this portion of the mining region was held in the hotel of Col. Bachus, Hangtown, and the border element was very strongly opposed to the whole business, claiming that we did not require law and order, constitution or Governor either; that we were getting along well enough without them; if the Yanks undertook to play any sich nonsense they would be sorry for it; they made some show of resistance, but when they saw that the Yanks were in dead earnest, and had come to the place of voting well armed and prepared to maintain law and order, they very reluctantly departed in disgust and the constitution was adopted unanimously.

The first persons hung in California subsequent to the gold discovery, were two Mexicans and an American. They were hung for horse stealing and robbery during the fall of ’48, in Hangtown, and it was from this fact that the mining camp derived its name, and although the camp has enjoyed the unenviable reputation of being the place where many murderers and horse-thieves have been kindly laid to rest by the citizens, in committees of the whole, yet only one other individual was ever hung by the citizens of the place, and that was Irish Dick, a young gambler, who was executed in the fall of ’50 for murder. A jury, composed of miners, was chosen; he was granted a fair trial, declared guilty, and sentenced to be hung from the old oak tree which stood upon the side of the hill across the creek, at 2 P.M. of the same day. He requested permission to leap from the limb of the tree, head foremost; but this favor, of course, could not be granted since it did not conform to the law, and would be a very barbarous proceeding, as well as a bad precedent to establish, for in some parts of the country the trees were very small.

The first rainstorm in the fall of ’49 occurred October 13th. It was a shower lasting but a few hours, and continuing in this manner throughout the winter months with light showers, but enough, however, for the working of cradles; and now was inaugurated the process of mining in a more business-like and profitable manner.