Law is so expensive and uncertain in all newly-established communities, that even sensible people do not like to resort to it, in the settlement of their disputes. Perhaps in this respect, the citizens of older communities might imitate the gold-diggers to advantage.
While in California, I was witness to another incident illustrative of the unwillingness to resort to the judgments of a legal tribunal. It was a case of two gold-diggers, who had been working together, and were about to dissolve partnership. Among the property they had owned in common was a fine mule. Each was desirous of becoming sole possessor of the animal; but neither would consent to give the other the price demanded for parting with his share. The difficulty might have been arranged by arbitration; but, neither desiring to be under any obligation to a third party, they adopted a more independent plan for settling the dispute.
“I’ll give you fifty dollars for your share of the mule,” proposed one, “or I’ll take a hundred for mine? I want the animal.”
“And I’ll give you fifty for your share, or take a hundred for mine?” said the other, “I want it too.”
“I’ll make you another offer,” said the first. “We’ll play a game of ‘Euker,’ and whoever wins shall have the mule?”
The third challenge was accepted. The game was played; and the difficulty settled in five minutes, without any expense or ill-feeling arising out of it!
A disposition to settle doubts and difficulties by chance—that “unspiritual god”—is very common, among those who have long followed the occupation of gold hunting—for the reason, no doubt, that there is so much chance or uncertainty in the calling itself. Gold-diggers become familiarised to a sort of fatalism; and, in consequence, allow many questions to be decided by chance, that should be submitted to the test of reason.
I have seen a miner after working out a rich claim, toss up a dollar, to decide whether he should return home or not! The piece of money fell wrong side down; and the man remained at the diggings; and for aught I know, may be there still, working for a “pennyweight per diem.”
And yet I do not always condemn this mode of relieving the intellect from the agony of doubt.
I once met two miners in San Francisco—to which place they had come from different diggings, for the purpose of having a few days’ rest after months of toil. They had been shipmates to California; and now meeting again, each told the other of the way fortune had served him, since they had parted.