“Two or three times the conductor of the other train made a similar attempt, urging his mules forward, and did not stop until five of his mules had gone into the river. Then he said, ‘Well, I will go back, but when we get out of this trail you and I will settle accounts.’ Bill drew his revolver and his knife, made sure that they were all right, and as soon as they emerged from the cliff rode up to the other conductor with his revolver in his hand, and said, ‘Shall we settle this business here, or shall we go before the Alcalde of the next diggings?’ The man looked at him for a moment in silence, and then said, ‘Damn me if you don’t look like that she-devil of a mule of yours that threw my mules down the cliff. Are you and she any blood relation that you know of?’ Not at all offended, Bill answered, ‘I can’t say positively that we are, but one thing I can say: I would rather be full brother to a mule that would act as Kate did to-day, than a forty-second cousin to a man that would act as you did.’ ‘Well,’ said the other, ‘put up your revolver, and let us settle matters before the Alcalde.’
“The mule-drivers found the Alcalde working in the bottom of a shaft which he was sinking. They asked him to come up, but he said that was unnecessary, as he could hear and settle the case where he was. Accordingly, he turned a bucket upside down, sat down on it, and lit a cigar, leaning his back against the wall of the shaft. The two conductors then kissed a Bible which the Alcalde had sent for, and swore to tell the truth; and they gave their testimony from the top of the shaft, the driver of the unloaded mules asking for six hundred dollars damages, five hundred dollars for his mules and one hundred dollars for the pack saddles lost with them. When they had finished, the Alcalde said, ‘I know the trail well, and I find for the defendant, and order the plaintiff to pay the costs of court, which are only one ounce.’ Thereupon the Alcalde arose, turned up his bucket and began to shovel the earth into it. As he worked on, he told the plaintiff to go to the store kept by one Meyer not far off, and weigh out the ounce of dust and leave it there for him. This was done without hesitation. Bill went along, treated the plaintiff to a drink, and paid for a bottle of the best brandy that Meyer had, to be given in the evening to the Alcalde and his partner as they returned from work.”[48]
California magistrates were somewhat informal for several years. On one occasion, during a long argument by counsel, the Alcalde interrupted with the remark that the point in question was a difficult one, and he would like to consult an authority; whereupon, the clerk, understanding what was meant, produced a demijohn and glasses from a receptacle beneath the bench, and judge and counsel refreshed themselves. A characteristic story is told of Judge Searls, a San Francisco magistrate who had several times fined for contempt of court a lawyer named Francis J. Dunn. Dunn was a very able but dissipated and eccentric man, and apt to be late, and on one such occasion the judge fined him fifty dollars. “I did not know that I was late, your Honor,” said Mr. Dunn, with mock contrition; “I have no watch, and I shall never be able to get one if I have to pay the fines which your Honor imposes upon me.” Then, after a pause of reflection, he looked up and said: “Will your Honor lend me fifty dollars so that I can pay this last fine?” “Mr. Clerk,” said the judge, leaning over the bench, “remit that fine: the State can afford to lose the money better than I can.”
But informality is not inconsistent with justice. The Pioneers did not like to have men, though they were judges, take themselves too seriously; but the great majority of them were law-abiding, intelligent, industrious and kind-hearted. It was, as has been said already, a picked and sifted population. The number of professional men and of well-educated men was extraordinary. They were a magnanimous people. As the Reverend Dr. Bushnell remarked, “With all the violence and savage wrongs and dark vices that have heretofore abounded among the Pioneers, they seldom do a mean thing.”
An example of this magnanimity was the action of California in regard to the State debt amounting to five million dollars. It was illegal, having been contracted in violation of the State Constitution, and the money had been spent chiefly in enriching those corrupt politicians and their friends who obtained possession of the California government in the first years. But the Pioneers were too generous and too proud of the good name of their State to stand upon their legal rights. They were as anxious to pay this unjust debt as Pennsylvania and Mississippi had been in former years to repudiate their just debts. The matter was put to popular vote, and the bonds were paid.
Stephen J. Field remarked in his old age, “I shall never forget the noble and generous people that I found in California, in all ranks of life.” Another Pioneer, Dr. J. D. B. Stillman, wrote, “There are more intelligence and generous good feeling here than in any other country that I have ever seen.”[49] “The finest body of men ever gathered together in the world’s history,” is the declaration of another Pioneer,[50] and even this extreme statement is borne out by the contemporary records.
That there was a minority equally remarkable for its bad qualities, is also unquestionable. Moreover, many men who at home would have been classed as good citizens gave way in California to their avarice or other bad passions. Whatever depravity there was in a man’s heart showed itself without fear and without restraint. The very Pioneer, Dr. Stillman, who has just been quoted to the effect that California had, on the whole, the best population in the world, gives us also the other side of the picture: “Last night I saw a man lying on the wet ground, unknown, unconscious, uncared for, and dying. Money is the all-absorbing object. There are men who would hang their heads at home at the mention of their heartless avarice. What can be expected from strangers when a man’s own friends abandon him because he sickens and becomes an encumbrance!”
Mrs. Bates, whose account of California is never exaggerated, tells us of a miner who, night after night, deserted his dying brother for a gambling house, leaving him unattended and piteously crying for water until, at last, he expired alone.
It must be remembered, also, that the moral complexion of California changed greatly from year to year. The first condition was almost an idyllic one. It was a period of honesty and good-will such as never existed before, except in the imagination of Rousseau. There were few doors, and no locks. Gold was left for days at a time unguarded and untouched. “A year ago,” said the “Sacramento Transcript,” in October, 1850, “a miner could have left his bag of dust exhibited to full view, and absent himself a week. His tools might have remained unmolested in any ravine for months, and his goods and chattels, bed and bedding might have remained along the highway for an indefinite period without being stolen.”
There was much drinking, much gambling, and some murders were committed in the heat of passion; but nowhere else in the world, except perhaps in the smaller villages of the United States, was property so safe as it was in California.