CHAPTER XXI Concluding Observations.

* * * * *

WHY AND HOW I CAME TO CALIFORNIA.

Some months previous to the Mexican War, my brother David Dudley

Field, of New York City, wrote two articles for the Democratic Review

upon the subject of the Northwestern Boundary between the territory of

the United States and the British Possessions. One of these appeared

in the June, and the other in the November number of the Review for

1845.[1] While writing these articles he had occasion to examine

several works on Oregon and California, and, among others, that of

Greenhow, then recently published, and thus became familiar with the

geography and political history of the Pacific Coast. The next Spring,

and soon after the war broke out, in the course of a conversation upon

its probable results, he remarked, that if he were a young man, he

would go to San Francisco; that he was satisfied peace would never be

concluded without our acquiring the harbor upon which it was situated;

that there was no other good harbor on the coast, and that, in his

opinion, that town would, at no distant day, become a great city. He

also remarked that if I would go he would furnish the means, not only

for the journey, but also for the purchase of land at San Francisco

and in its vicinity. This conversation was the first germ of my

project of coming to California.

Some months afterwards, and while Col. Stevenson's regiment was

preparing to start from New York for California, my brother again

referred to the same subject and suggested the idea of my going out

with the regiment. We had at that time a clerk in the office by the

name of Sluyter, for whom I had great regard. With him I talked the

matter over, it being my intention, if I should go at all, to induce

him if possible to accompany me. But he wished to get married, and

I wished to go to Europe. The result of our conference was, that the

California project was deferred, with the understanding, however, that

after my return from Europe we should give it further consideration.

But the idea of going to California thus suggested, made a powerful

impression upon my mind. It pleased me. There was a smack of adventure

in it. The going to a country comparatively unknown and taking a

part in fashioning its institutions, was an attractive subject of

contemplation. I had always thought that the most desirable fame a man

could acquire was that of being the founder of a State, or of exerting

a powerful influence for good upon its destinies; and the more I

thought of the new territory about to fall into our hands beyond the

Sierra Nevada, the more I was fascinated with the idea of settling

there and growing up with it.

But I was anxious first to visit, or rather to revisit, Europe. I was

not able, however, to make the necessary arrangements to do so until

the Summer of 1848. On the first of May of that year, I dissolved

partnership with my brother, and in June started for Europe. In the

following December, while at Galignani's News Room in Paris, I read

in the New York Herald the message of President Polk, which confirmed

previous reports, that gold had been discovered in California, then

recently acquired. It is difficult to describe the effect which

that message produced upon my mind. I read and re-read it, and the

suggestion of my brother to go to that country recurred to me, and

I felt some regret that I had not followed it. I remained in

Europe, however, and carried out my original plan of seeing its

most interesting cities, and returned to the United States in 1849,

arriving at New York on the 1st of October of that year.

There was already at that early period a steamer leaving that city

once or twice every month for Chagres. It went crowded every trip.

The impulse which had been started in me by my brother in 1846,

strengthened by the message of President Polk, had now become

irresistible. I joined the throng, and on November 13th, 1849, took

passage on the "Crescent City;" and in about a week's time, in company

with many others, I found myself at the little old Spanish-American

town of Chagres, on the Isthmus of Panama. There we took small boats

and were poled up the river by Indians to Cruces, at which place we

mounted mules and rode over the mountain to Panama. There I found a

crowd of persons in every degree of excitement, waiting for passage

to California. There were thousands of them. Those who came on the

"Crescent City" had engaged passage on the Pacific side also; but

such was the demand among the multitude at Panama for the means

of transportation, that some of the steerage passengers sold their

tickets from that place to San Francisco for $750 apiece and took

their chances of getting on cheaper. These sales, notwithstanding they

appeared at the time to be great bargains, proved, in most cases, to

be very unfortunate transactions; for the poor fellows who thus sold

their tickets, besides losing their time, exposed themselves to

the malaria of an unhealthy coast. There was in fact a good deal

of sickness already among those on the Isthmus, and many deaths

afterwards occurred; and among those who survived there was much

suffering before they could get away.

The vessel that conveyed us, and by "us" I mean the passengers of

the "Crescent City," and as many others as could by any possibility

procure passage from Panama to San Francisco was the old steamer

"California." She was about one thousand tons burden; but probably no

ship of two thousand ever carried a greater number of passengers on a

long voyage. When we came to get under way, there did not seem to be

any spare space from stem to stern. There were over twelve hundred

persons on board, as I was informed.[2] Unfortunately many of them

carried with them the seeds of disease. The infection contracted under

a tropical sun, being aggravated by hardships, insufficient food,

and the crowded condition of the steamer, developed as the voyage

proceeded. Panama fever in its worst form broke out; and it was not

long before the main deck was literally covered with the sick. There

was a physician attached to the ship; but unfortunately he was also

prostrated. The condition of things was very sad and painful.

Among the passengers taken sick were two by the name of Gregory Yale

and Stephen Smith; and I turned myself into a nurse and took care of

them. Mr. Yale, a gentleman of high attainments, and who afterwards

occupied a prominent place at the bar of the State, was for a portion

of the time dangerously ill, and I believe that but for my attentions

he would have died. He himself was of this opinion, and afterwards

expressed his appreciation of my attention in every way he could. In

the many years I knew him he never failed to do me a kindness whenever

an opportunity presented. Finally, on the evening of December 28,

1849, after a passage of twenty-two days from Panama, we reached San

Francisco, and landed between eight and nine o'clock that night.

[1] The first article was entitled "The Oregon Question," and the

second "The Edinburgh and Foreign Quarterly on the Oregon

Question."

[2] NOTE.--The number of passengers reported to the journals of

San Francisco on the arrival of the steamer was much less

than this, probably to avoid drawing attention to the

violation of the statute which restricted the number.

FIRST EXPERIENCES IN SAN FRANCISCO.

Upon landing from the steamer, my baggage consisted of two trunks, and

I had only the sum of ten dollars in my pocket. I might, perhaps, have

carried one trunk, but I could not manage two; so I was compelled to

pay out seven of my ten dollars to have them taken to a room in an

old adobe building on the west side of what is now known as Portsmouth

Square. This room was about ten feet long by eight feet wide, and had

a bed in it. For its occupation the sum of $35 a week was charged. Two

of my fellow-passengers and myself engaged it. They took the bed, and

I took the floor. I do not think they had much the advantage on the

score of comfort.

The next morning I started out early with three dollars in my pocket.

I hunted, up a restaurant and ordered the cheapest breakfast I could

get. It cost me two dollars. A solitary dollar was, therefore, all the

money in the world I had left, but I was in no respect despondent over

my financial condition. It was a beautiful day, much like an Indian

Summer day in the East, but finer. There was something exhilarating

and exciting in the atmosphere which made everybody cheerful and

buoyant. As I walked along the streets, I met a great many persons

I had known in New York, and they all seemed to be in the highest

spirits. Every one in greeting me, said "It is a glorious country,"

or "Isn't it a glorious country?" or "Did you ever see a more

glorious country?" or something to that effect. In every case the word

"glorious" was sure to come out. There was something infectious in the

use of the word, or rather in the feeling, which made its use natural.

I had not been out many hours that morning before I caught the

infection; and though I had but a single dollar in my pocket and no

business whatever, and did not know where I was to get the next meal,

I found myself saying to everybody I met, "It is a glorious country."

The city presented an appearance which, to me, who had witnessed some

curious scenes in the course of my travels, was singularly strange

and wild. The Bay then washed what is now the east side of Montgomery

street, between Jackson and Sacramento streets; and the sides of

the hills sloping back from the water were covered with buildings of

various kinds, some just begun, a few completed,--all, however, of

the rudest sort, the greater number being merely canvas sheds. The

locality then called Happy Valley, where Mission and Howard streets

now are, between Market and Folsom streets, was occupied in a similar

way. The streets were filled with people, it seemed to me, from every

nation under Heaven, all wearing their peculiar costumes. The majority

of them were from the States; and each State had furnished specimens

of every type within its borders. Every country of Europe had its

representatives; and wanderers without a country were there in

great numbers. There were also Chilians, Sonorians, Kanakas from the

Sandwich Islands, and Chinese from Canton and Hong Kong. All seemed,

in hurrying to and fro, to be busily occupied and in a state of

pleasurable excitement. Everything needed for their wants; food,

clothing, and lodging-quarters, and everything required for

transportation and mining, were in urgent demand and obtained

extravagant prices. Yet no one seemed to complain of the charges made.

There was an apparent disdain of all attempts to cheapen articles

and reduce prices. News from the East was eagerly sought from all new

comers. Newspapers from New York were sold at a dollar apiece. I had a

bundle of them, and seeing the price paid for such papers, I gave them

to a fellow-passenger, telling him he might have half he could get for

them. There were sixty-four numbers, if I recollect aright, and

the third day after our arrival, to my astonishment he handed me

thirty-two dollars, stating that he had sold them all at a dollar

apiece. Nearly everything else brought a similarly extravagant price.

And this reminds me of an experience of my own with some chamois

skins. Before I left New York, I purchased a lot of stationery and the

usual accompaniments of a writing-table, as I intended to practise

my profession in California. The stationer, learning from some remark

made by my brother Cyrus, who was with me at the time, that I intended

to go to California, said that I ought to buy some chamois skins in

which to wrap the stationery, as they would be needed there to make

bags for carrying gold-dust. Upon this suggestion, I bought a dozen

skins for ten dollars. On unpacking my trunk, in Marysville, these

chamois skins were of course exposed, and a gentleman calling at the

tent, which I then occupied, asked me what I would take for them. I

answered by inquiring what he would give for them. He replied at once,

an ounce apiece. My astonishment nearly choked me, for an ounce was

taken for sixteen dollars; at the mint, it often yielded eighteen or

nineteen dollars in coin. I, of course, let the skins go, and blessed

the hunter who brought the chamois down. The purchaser made bags

of the skins, and the profit to him from their sale amounted to two

ounces on each skin. From this transaction, the story arose that I

had sold porte-monnaies in Marysville before practising law, which is

reported in the interesting book of Messrs. Barry and Patten, entitled

"Men and Memories of San Francisco in the Spring of 1850." The story

has no other foundation.

But I am digressing from the narrative of my first experience in San

Francisco. After taking my breakfast, as already stated, the first

thing I noticed was a small building in the Plaza, near which a crowd

was gathered. Upon inquiry, I was told it was the court-house. I at

once started for the building, and on entering it, found that Judge

Almond, of the San Francisco District, was holding what was known

as the Court of First Instance, and that a case was on trial. To my

astonishment I saw two of my fellow-passengers, who had landed the

night before, sitting on the jury. This seemed so strange that I

waited till the case was over, and then inquired how it happened they

were there. They said that they had been attracted to the building

by the crowd, just as I had been, and that while looking on the

proceedings of the court the sheriff had summoned them. They replied

to the summons, that they had only just arrived in the country. But

he said that fact made no difference; nobody had been in the country

three months. They added that they had received eight dollars each for

their services. At this piece of news I thought of my solitary dollar,

and wondered if similar good fortune might not happen to me. So I

lingered in the court-room, placing myself near the sheriff in the

hope that on another jury he might summon me. But it was not my good

luck. So I left the temple of justice and strolled around the busy

city, enjoying myself with the novelty of everything. Passing down

Clay street, and near Kearney street, my attention was attracted by

a sign in large letters, "Jonathan D. Stevenson, Gold Dust Bought and

Sold Here." As I saw this inscription I exclaimed, "Hallo, here is

good luck," for I suddenly recollected that when I left New York my

brother Dudley had handed me a note against Stevenson for $350 or

$400; stating that he understood the Colonel had become rich in

California, and telling me, that if such were the case, to ask him

to pay the note. I had put the paper in my pocket-book and thought no

more of it until the sight of the sign brought it to my recollection,

and also reminded me of my solitary dollar. Of course I immediately

entered the office to see the Colonel. He had known me very well in

New York, and was apparently delighted to see me, for he gave me a

most cordial greeting. After some inquiries about friends in New York,

he commenced talking about the country. "Ah," he continued, "it is a

glorious country. I have made two hundred thousand dollars." This was

more than I could stand. I had already given him a long shake of

the hand but I could not resist the impulse to shake his hand again,

thinking all the time of my financial condition. So I seized his hand

again and shook it vigorously, assuring him that I was delighted to

hear of his good luck. We talked over the matter, and in my enthusiasm

I shook his hand a third time, expressing my satisfaction at his good

fortune. We passed a long time together, he dilating all the while

upon the fine country it was in which to make money. At length I

pulled out the note and presented it to him. I shall never forget the

sudden change, from wreaths of smiles to an elongation of physiognomy,

expressive of mingled surprise and disgust, which came over his

features on seeing that note. He took it in his hands and examined it

carefully; he turned it over and looked at its back, and then at its

face again, and then, as it were, at both sides at once. At last he

said in a sharp tone, "That's my signature," and began to calculate

the interest; that ascertained, he paid me the full amount due. If I

remember rightly he paid me $440 in Spanish doubloons, but some of

it may have been in gold dust. If it had not been for this lucky

incident, I should have been penniless before night.

The good fortune which the Colonel then enjoyed has not always

attended him since. The greater part of his property he lost

some years afterwards, but he has always retained, and now in his

seventy-eighth year[1] still retains, great energy and vigor of

mind, and a manly independence of character, which have made him

warm friends. In all the changes of my life his name is pleasantly

associated with the payment of the note, and the timely assistance

which he thus gave me. His career as commander of the well-known

regiment of New York volunteers which arrived in California in March,

1847, and subsequently in the State, are matters of public history.

As soon as I found myself in funds I hired a room as an office at the

corner of Montgomery and Clay streets for one month for $300, payable

in advance. It was a small room, about fifteen feet by twenty. I then

put out my shingle as attorney and counsellor-at-law, and waited for

clients; but none came. One day a fellow-passenger requested me to

draw a deed, for which I charged him an ounce. He thought that too

much, so I compromised and took half an ounce. For two weeks this was

the only call I had upon my professional abilities. But I was in no

way discouraged. To tell the truth I was hardly fit for business. I

was too much excited by the stirring life around me. There was so much

to hear and see that I spent half my time in the streets and saloons

talking with people from the mines, in which I was greatly interested.

I felt sure that there would soon be occasion in that quarter for my

services.

Whilst I was excited over the news which was daily brought from the

mines in the interior of the State, and particularly from the northern

part, an incident occurred which determined my future career

in California. I had brought from New York several letters of

introduction to persons who had preceded me to the new country, and

among them one to the mercantile firm of Simmons, Hutchinson & Co.,

of San Francisco, upon whom I called. They received me cordially, and

inquired particularly of my intentions as to residence and business.

They stated that there was a town at the head of river navigation,

at the junction of Sacramento and Feather Rivers, which offered

inducements to a young lawyer. They called it Vernon, and said they

owned some lots in it which they would sell to me. I replied that I

had no money. That made no difference, they said; they would let me

have them on credit; they desired to build up the town and would let

the lots go cheap to encourage its settlement. They added that they

owned the steamer "McKim," going the next day to Sacramento, and they

offered me a ticket in her for that place, which they represented to

be not far from Vernon. Accordingly I took the ticket, and on January

12th, 1850, left for Sacramento, where I arrived the next morning.

It was the time of the great flood of that year, and the entire upper

country seemed to be under water. Upon reaching the landing place at

Sacramento, we took a small boat and rowed to the hotel. There I found

a great crowd of earnest and enthusiastic people, all talking about

California, and in the highest spirits. In fact I did not meet

with any one who did not speak in glowing terms of the country and

anticipate a sudden acquisition of fortune. I had already caught the

infection myself, and these new crowds and their enthusiasm increased

my excitement. The exuberance of my spirits was marvelous. The next

day I took the little steamer "Lawrence," for Vernon, which was so

heavily laden as to be only eighteen inches out of water; and the

passengers, who amounted to a large number, were requested not to move

about the deck, but to keep as quiet as possible. In three or four

hours after leaving Sacramento, the Captain suddenly cried out with

great energy, "Stop her! stop her!"; and with some difficulty the boat

escaped running into what seemed to be a solitary house standing in

a vast lake of water. I asked what place that was, and was answered,

"Vernon,"--the town where I had been advised to settle as affording a

good opening for a young lawyer. I turned to the Captain and said, I

believed I would not put out my shingle at Vernon just yet, but would

go further on. The next place we stopped at was Nicolaus, and the

following day we arrived at a place called Nye's Ranch, near the

junction of Feather and Yuba Rivers.

No sooner had the vessel struck the landing at Nye's Ranch than all

the passengers, some forty or fifty in number, as if moved by a common

impulse, started for an old adobe building, which stood upon the

bank of the river, and near which were numerous tents. Judging by

the number of the tents, there must have been from five hundred to

a thousand people there. When we reached the adobe and entered the

principal room, we saw a map spread out upon the counter, containing

the plan of a town, which was called "Yubaville," and a man standing

behind it, crying out, "Gentlemen, put your names down; put your names

down, all you that want lots." He seemed to address himself to me,

and I asked the price of the lots. He answered, "Two hundred and fifty

dollars each for lots 80 by 160 feet." I replied, "But, suppose a man

puts his name down and afterwards don't want the lots?" He rejoined,

"Oh, you need not take them if you don't want them: put your names

down, gentlemen, you that want lots." I took him at his word and wrote

my name down for sixty-five lots, aggregating in all $16,250. This

produced a great sensation. To the best of my recollection I had only

about twenty dollars left of what Col. Stevenson had paid me; but it

was immediately noised about that a great capitalist had come up from

San Francisco to invest in lots in the rising town. The consequence

was that the proprietors of the place waited upon me and showed me

great attention.

Two of the proprietors were French gentlemen, named Covillaud and

Sicard. They were delighted when they found I could speak French and

insisted on showing me the town site. It was a beautiful spot, covered

with live-oak trees that reminded me of the oak parks in England, and

the neighborhood was lovely. I saw at once that the place, from its

position at the head of practical river navigation, was destined to

become an important depot for the neighboring mines, and that its

beauty and salubrity would render it a pleasant place for residence.

In return for the civilities shown me by Mr. Covillaud, and learning

that he read English, I handed him some New York papers I had with me,

and among them a copy of the New York "Evening Post" of November

13th, 1849, which happened to contain a notice of my departure for

California with an expression of good wishes for my success.[2] The

next day Mr. Covillaud came to me and in an excited manner said:

"Ah, Monsieur, are you the Monsieur Field, the lawyer from New York,

mentioned in this paper?" I took the paper and looked at the notice

with apparent surprise that it was marked, though I had myself drawn

a pencil line around it, and replied, meekly and modestly, that I

believed I was. "Well, then," he said, "we must have a deed drawn

for our land." Upon making inquiries I found that the proprietors

had purchased the tract upon which the town was laid out, and several

leagues of land adjoining, of General--then Captain--John A. Sutter,

but had not yet received a conveyance of the property. I answered that

I would draw the necessary deed; and they immediately dispatched a

couple of vaqueros for Captain Sutter, who lived at Hock Farm, six

miles below, on Feather River. When he arrived the deed was ready

for signature. It was for some leagues of land; a considerably larger

tract than I had ever before put into a conveyance. But when it was

signed there was no officer to take the acknowledgment of the grantor,

nor an office in which it could be recorded, nearer than Sacramento.

I suggested to those present on the occasion, that in a place of such

fine prospects, and where there was likely in a short time to be much

business and many transactions in real property, there ought to be an

officer to take acknowledgments and record deeds, and a magistrate for

the preservation of order and the settlement of disputes. It happened

that a new house, the frame of which was brought in the steamer, was

put up that day; and it was suggested by Mr. Covillaud that we should

meet there that evening and celebrate the execution of the deed,

and take into consideration the subject of organizing a town by the

election of magistrates. When evening came the house was filled. It

is true it had no floor, but the sides were boarded up and a roof was

overhead, and we improvised seats out of spare planks. The proprietors

sent around to the tents for something to give cheer to the meeting,

and, strange as it may seem, they found two baskets of champagne.

These they secured, and their contents were joyously disposed of. When

the wine passed around, I was called upon and made a speech. I started

out by predicting in glowing colors the prosperity of the new town,

and spoke of its advantageous situation on the Feather and Yuba

Rivers; how it was the most accessible point for vessels coming up

from the cities of San Francisco and Sacramento, and must in time

become the depot for all the trade with the northern mines. I

pronounced the auriferous region lying east of the Feather River and

north of the Yuba the finest and richest in the country; and I felt

certain that its commerce must concentrate at the junction of those

rivers. But, said I, to avail ourselves of all these advantages we

must organize and establish a government, and the first thing to be

done is to call an election and choose magistrates and a town council.

These remarks met with general favor, and it was resolved that a

public meeting should be held in front of the Adobe house the next

morning, and if it approved of the project, that an election should be

held at once.

Accordingly, on the following morning, which was the 18th of January,

1850, a public meeting of citizens was there held, and it was resolved

that a town government should be established and that there should be

elected an Ayuntamiento or town council, a first and second Alcalde,

(the latter to act in the absence or sickness of the former,) and

a Marshal. The Alcalde was a judicial officer under the Spanish and

Mexican laws, having a jurisdiction something like that of a Justice

of the Peace; but in the anomalous condition of affairs in California

at that time, he, as a matter of necessity, assumed and exercised very

great powers. The election ordered took place in the afternoon of the

same day. I had modestly whispered to different persons at the meeting

in the new house the night before, that my name was mentioned by my

friends for the office of Alcalde; and my nomination followed. But I

was not to have the office without a struggle; an opposition candidate

appeared, and an exciting election ensued. The main objection urged

against me was that I was a new comer. I had been there only three

days; my opponent had been there six. I beat him, however, by nine

votes.[3]

On the evening of the election, there was a general gathering of

people at the Adobe house, the principal building of the place, to

hear the official announcement of the result of the election. When

this was made, some one proposed that a name should be adopted for

the new town. One man suggested "Yubafield," because of its situation

on the Yuba River; and another, "Yubaville," for the same reason. A

third, urged the name "Circumdoro," (surrounded with gold, as he

translated the word,) because there were mines in every direction

round about. But there was a fourth, a solid and substantial old man,

evidently of kindly domestic affections, who had come out to

California to better his fortunes. He now rose and remarked that

there was an American lady in the place, the wife of one of the

proprietors; that her name was Mary; and that, in his opinion, her

name ought to be given to the town, and it should be called, in her

honor, "Marysville." No sooner had he made the suggestion, than the

meeting broke out into loud hurrahs; every hat made a circle around

its owner's head, and we christened the new town "Marysville,"

without a dissenting voice. For a few days afterwards, the town was

called both Yubaville and Marysville, but the latter name was soon

generally adopted, and the place is so called to this day. The lady,

in whose honor it was named was Mrs. Covillaud. She was one of the

survivors of the Donner party, which suffered so frightfully while

crossing the Sierra Nevadas in the winter of 1846-7, and had been

living in the country ever since that terrible time.

With my notions of law, I did not attach much importance to the

election, but I had a certificate of election made out and signed by

the Inspectors, stating that at a meeting of the residents of the

District of Yubaville, on the day named, an election for officers had

been held, and designating the Inspectors who were appointed, the

number of votes that had been cast for the office of Alcalde, and the

number received by myself, and the number received by my opponent,

and that as I had received a majority of all the votes cast, I was

elected to that office. It was made out with all possible formality,

and when completed, was sent to the Prefect of the District. This

officer, a Mr. E.O. Crosby, afterwards Minister to one of the South

American Republics, wrote back approving my election, and advising me

to act. His advice, under the circumstances, was a matter of some

moment. The new Constitution of the State had gone into effect,

though it was still uncertain whether it would be recognized by

Congress. Mr. Crosby, therefore, thought it best for me to procure,

in addition to my commission as Alcalde, an appointment as Justice of

the Peace; and through his kind offices, I obtained from Governor

Burnett the proper document bearing his official seal. After my

election, I went to Sacramento, and on the 22d of January, 1850, was

sworn into office as first Alcalde of Yubaville, by the Judge of the

Court of First Instance, as that was the name of the district in the

certificate of election; but I was always designated, after the name

of the town had been adopted, as First Alcalde of Marysville.[4]

Captain Sutter, whose deed I had drawn, was a remarkable character.

He was about five feet nine inches in height, and was thick-set. He

had a large head and an open, manly face, somewhat hardened and

bronzed by his life in the open air. His hair was thin and light, and

he wore a mustache. He had the appearance of an old officer of the

French army, with a dignified and military bearing. I subsequently

became well acquainted with him, and learned both to respect and to

pity him. I respected him for his intrepid courage, his gentle

manners, his large heart, and his unbounded benevolence. I pitied him

for his simplicity, which, while suspecting nothing wrong in others,

led him to trust all who had a kind word on their lips, and made him

the victim of every sharper in the country. He was a native of

Switzerland and was an officer in the Swiss Guards, in the service of

the King of France, in 1823, and for some years afterwards. In 1834,

he emigrated to America, and had varied and strange adventures among

the Indians at the West; in the Sandwich Islands, at Fort Vancouver,

in Alaska, and along the Pacific Coast. In July, 1839, the vessel

which he was aboard of, was stranded in the harbor of San Francisco.

He then penetrated into the interior of California and founded the

first white settlement in the valley of the Sacramento, on the river

of that name, at the mouth of the American River, which settlement he

named Helvetia. He built a fort there and gathered around it a large

number of native Indians and some white settlers. In 1841, the

Mexican government granted to him a tract of land eleven square

leagues in extent; and, subsequently, a still larger concession was

made to him by the Governor of the Department. But the Governor being

afterwards expelled from the country, the concession was held to be

invalid. The emigrants arriving in the country after the discovery of

gold proved the ruin of his fortunes. They squatted upon his land,

denied the validity of his title, cut down his timber, and drove away

his cattle. Sharpers robbed him of what the squatters did not take,

until at last he was stripped of everything; and, finally, he left

the State, and for some years has been living with relatives in

Pennsylvania. Even the stipend of $2,500, which the State of

California for some years allowed him, has been withdrawn, and now in

his advanced years, he is almost destitute. Yet, in his days of

prosperity, he was always ready to assist others. His fort was always

open to the stranger, and food, to the value of many thousand

dollars, was, every year, so long as he had the means, sent out by

him for the relief of emigrants crossing the plains. It is a reproach

to California that she leaves the pioneer and hero destitute in his

old age.

[1] Col. Stevenson was born at the commencement of the century,

and is therefore now, 1893, in his ninety-fourth year.

[2] See Exhibit A, in Appendix.

[3] See Exhibit B, in Appendix.

[4] See Exhibit C, in Appendix.

EXPERIENCES AS ALCALDE.

Under the Mexican law, Alcaldes had, as already stated, a very

limited jurisdiction. But in the anomalous condition of affairs under

the American occupation, they exercised almost unlimited powers. They

were, in fact, regarded as magistrates elected by the people for the

sake of preserving public order and settling disputes of all kinds.

In my own case, and with the approval of the community, I took

jurisdiction of every case brought before me. I knew nothing of

Mexican laws; did not pretend to know anything of them; but I knew

that the people had elected me to act as a magistrate and looked to

me for the preservation of order and the settlement of disputes; and

I did my best that they should not be disappointed. I let it be known

that my election had been approved by the highest authority.

The first case I tried was in the street. Two men came up to me, one

of them leading a horse. He said, "Mr. Alcalde, we both claim this

horse, and we want you to decide which of us is entitled to it." I

turned to the man who had the horse, administered an oath to him, and

then examined him as to where he got the horse, of whom and when,

whether he had a bill of sale, whether there was any mark or brand on

the animal, and, in short, put all those questions which would

naturally be asked in such a case to elicit the truth. I then

administered an oath to the other man and put him through a similar

examination, paying careful attention to what each said. When the

examination was completed I at once decided the case. "It is very

plain, gentlemen," I said, "that the horse belongs to this man

(pointing to one of them) and the other must give him up." "But,"

said the man who had lost and who held the horse, "the bridle

certainly belongs to me, he does not take the bridle, does he?" I

said, "Oh no, the bridle is another matter." As soon as I said this

the owner of the bridle turned to his adversary and said, "What will

you take for the horse?" "Two hundred and fifty dollars," was the

instant reply. "Agreed," retorted the first, and then turning to me,

he continued: "And now, Mr. Alcalde, I want you to draw me up a bill

of sale for this horse which will stick." I, of course, did as he

desired. I charged an ounce for trying the case and an ounce for the

bill of sale; charges which were promptly paid. Both parties went off

perfectly satisfied. I was also well pleased with my first judicial

experience.

Soon after my election I went to San Francisco to get my effects; and

while there I purchased, on credit, a frame house and several zinc

houses, which were at once shipped to Marysville. As soon as the

frame house was put up I opened my office in it, and exercised not

only the functions of a magistrate and justice, but also of a

supervisor of the town. I opened books for the record of deeds and

kept a registry of conveyances in the district. I had the banks of

the river graded so as to facilitate the landing from vessels. The

marshal of my court, elected at the same time with myself, having

refused to act, I appointed an active and courageous person in his

place, R.B. Buchanan by name, and directed him to see that peace was

preserved, and for that purpose to appoint as many deputies as might

be necessary. He did so, and order and peace were preserved

throughout the district, not only in Marysville, but for miles

around.

As a judicial officer, I tried many cases, both civil and criminal,

and I dictated the form of process suited to the exigency. Thus, when

a complaint was made to me by the owner of a river boat, that the

steamer, which plied between Marysville and Sacramento, had run down

his boat, by which a part of its cargo was lost, I at once dictated

process to the marshal, in which the alleged injury was recited,

and he was directed to seize the steamer, and hold it until further

orders, unless the captain or owner gave security to appear in the

action commenced by the owner of the boat, and pay any judgment that

might be recovered therein. Upon service of the process the captain

appeared, gave the required security, and the case was immediately

tried. Judgment was rendered and paid within five hours after the

commission of the injury.

In civil cases, I always called a jury, if the parties desired one;

and in criminal cases, when the offence was of a high grade, I went

through the form of calling a grand jury, and having an indictment

found; and in all cases I appointed an attorney to represent the

people, and also the accused, when necessary. The Americans in the

country had a general notion of what was required for the preservation

of order and the due administration of justice; and as I endeavored

to administer justice promptly, but upon a due consideration of

the rights of every one, and not rashly, I was sustained with great

unanimity by the community.

I have reported a civil case tried before me as Alcalde. I will now

give a few criminal prosecutions and their circumstances. One morning,

about five o'clock, a man tapped at my window, and cried, "Alcalde,

Alcalde, there has been a robbery, and you are wanted." I got up at

once, and while I was dressing he told his story. Nearly every one in

those days lived in a tent and had his gold dust with him. The man,

who proved to be Gildersleeve, the famous runner, upon going to bed

the previous evening had placed several pounds of gold dust in his

trunk, which was not locked. In the night some one had cut through his

tent and taken the gold dust. I asked him if he suspected anybody;

and he named two men, and gave such reasons for his suspicion that I

immediately dictated a warrant for their arrest; and in a short time

the two men were arrested and brought before me. The gold dust was

found on one of them. I immediately called a grand jury, by whom he

was indicted. I then called a petit jury, and assigned counsel for the

prisoner. He was immediately placed upon his trial, and was convicted.

The whole proceeding occupied only a part of the day. There was a

great crowd and much excitement, and some talk of lynching. Curiously

enough, my real trouble did not commence until after the conviction.

What was to be done with the prisoner? How was he to be punished?

Imposing a fine would not answer; and, if he had been discharged, the

crowd would have immediately hung him. When at San Francisco, Mayor

Geary, of that place, told me if I would send my convicts to him, with

money enough to pay for a ball and chain for each one, he would put

them in the chain-gang. But at that time the price of passage by

steamer from Marysville to San Francisco was fifty dollars, which,

with the expense of an officer to accompany the prisoner, and the

price of a ball and chain, would have amounted to a much larger sum

than the prosecution could afford; so it was clearly impracticable to

think of sending him to San Francisco. Nor is it at all likely

that the people would have consented to his removal. Under these

circumstances there was but one course to pursue, and, however

repugnant it was to my feelings to adopt it, I believe it was the only

thing that saved the man's life. I ordered him to be publicly whipped

with fifty lashes, and added that if he were found, within the next

two years, in the vicinity of Marysville, he should be again whipped.

I, however, privately ordered a physician to be present so as to see

that no unnecessary severity was practiced. In accordance with this

sentence, the fellow was immediately taken out and flogged; and that

was the last seen of him in that region. He went off and never came

back. The latter part of the sentence, however, was supererogatory;

for there was something so degrading in a public whipping, that I have

never known a man thus whipped who would stay longer than he could

help, or ever desire to return. However this may have been, the sense

of justice of the community was satisfied. No blood had been shed;

there had been no hanging; yet a severe public example had been given.

On another occasion a complaint was made that a man had stolen

fifteen hundred dollars from a woman. He was arrested, brought before

me, indicted, tried, and convicted. I had the same compunctions about

punishment as before, but, as there was no other course, I ordered

him to receive fifty lashes on his back on two successive days,

unless he gave up the money, in which case he was to receive only

fifty lashes. As soon as the sentence was written down the marshal

marched the prisoner out to a tree, made him hug the tree, and in the

presence of the crowd that followed, began inflicting the lashes. The

man stood it for awhile without flinching, but when he had received

the twenty-second lash he cried out, "Stop, for God's sake, and I

will tell you where the money is." The marshal stopped and,

accompanied by the crowd, took the man to the place indicated, where

the money was recovered; and the thief was then made to carry it back

to the woman and apologize for stealing it. The marshal then

consulted the sentence, and, finding that it prescribed fifty lashes

at any rate, he marched the wretch back to the tree and gave him the

balance, which was his due.

But the case which made the greatest impression upon the people, and

did more to confirm my authority than anything else, was the

following: There was a military encampment of United States soldiers

on Bear River, about fifteen miles from Marysville, known as "Camp

Far West." One day an application was made to me to issue a warrant

for the arrest of one of the soldiers for a larceny he had committed.

It was stated that a complaint had been laid before the local Alcalde

near the camp; but that the officer in charge had refused to give up

the soldier unless a warrant for that purpose were issued by me, it

being the general impression that I was the only duly commissioned

Alcalde in the district above Sacramento. On this showing I issued my

warrant, and a lieutenant of the army brought the soldier over. The

soldier was indicted, tried, convicted, and sentenced to be publicly

whipped with the usual number of lashes, and the officer stood by and

saw the punishment inflicted. He then took the soldier back to camp,

where it was afterwards reported that he received an additional

punishment. But before the lieutenant left me that day, and while we

were dining together, he took occasion to say that, if at any time I

had any trouble in enforcing the law, I had but to send him word and

he would order out a company of troops to support me. This offer I

permitted to become known through the town; and people said--and with

what effect may be imagined--"Why here is an Alcalde that has the

troops of the United States at his back."

I have already stated that I had the banks of the Yuba River graded

so as to facilitate the landing from vessels. I will now mention

another instance of my administration as general supervisor of the

town. There were several squatters on the landing at the river,

which, according to the plan of the town, was several hundred feet

wide. The lots fronting on this landing being the best for business,

commanded the highest prices. But on account of the squatters the

owners were deprived of the benefit of the open ground of the landing

in front of their property, and they complained to me. I called upon

the squatters and told them that they must leave, and that if they

were not gone by a certain time, I should be compelled to remove them

by force, and, if necessary, to call to my aid the troops of the

United States. This was enough; the squatters left, the landing was

cleared, and business went on smoothly.

In addition to my ordinary duties as a judicial officer and as general

supervisor of the town, I acted as arbitrator in a great number of

controversies which arose between the citizens. In such cases the

parties generally came to my office together and stated that they had

agreed to leave the matter in dispute between them to my decision. I

immediately heard their respective statements--sometimes under oath,

and sometimes without oath--and decided the matter at once. The whole

matter was disposed of without any written proceedings, except in some

instances I gave to parties a memorandum of my decision. Thus on one

occasion a dispute arose as to the rate of wages, between several

workmen and their employer; the workmen insisting upon twelve dollars

a day and the employer refusing to give more than ten. To settle

the dispute they agreed to leave the matter to me. I heard their

respective statements, and after stating that both of them ought to

suffer a little for not having made a specific contract at the outset,

decided that the workingmen should receive eleven dollars a day, with

which both appeared to be well satisfied. On another occasion parties

disputed as to whether freight on a box of crockery should be charged

by measurement or by weight, a specific contract having been made that

all articles shipped by the owner should be carried at a fixed

price per hundred pounds. They agreed to leave the matter to my

determination, and I settled it in five minutes. Again, on one

occasion a woman, apparently about fifty-six, rushed into my office

under great excitement, exclaiming that she wanted a divorce from her

husband, who had treated her shamefully. A few moments afterwards

the husband followed, and he also wanted relief from the bonds of

matrimony. I heard their respective complaints, and finding that they

had children, I persuaded them to make peace, kiss, and forgive; and

so they left my office arm-in-arm, each having promised the other

never to do so again, amid the applause of the spectators. In this

way I carried out my conception of the good Cadi of the village,

from which term (Al Cadi) my own official designation, Alcalde, was

derived.

To make a long story short, until I was superseded by officers

under the State government, I superintended municipal affairs and

administered justice in Marysville with success. Whilst there was a

large number of residents there of high character and culture, who

would have done honor to any city, there were also unfortunately many

desperate persons, gamblers, black-legs, thieves, and cut-throats;

yet the place was as orderly as a New England village. There were no

disturbances at night, no riots, and no lynching. It was the model

town of the whole country for peacefulness and respect for law.

And now a word about my speculations. In a short time after going to

Marysville and writing my name down for sixty-five town lots, property

increased ten-fold in value. Within ninety days I sold over $25,000

worth, and still had most of my lots left. My frame and zinc houses

brought me a rental of over $1,000 a month. The emoluments of my

office of Alcalde were also large. In criminal cases I received

nothing for my services as judge, and in civil cases the fees were

small; but as an officer to take acknowledgments and affidavits and

record deeds, the fees I received amounted to a large sum. At one time

I had $14,000 in gold dust in my safe, besides the rentals and other

property.

One day whilst I was Alcalde, a bright-looking lad, with red cheeks

and apparently about seventeen years of age, came into the office and

asked if I did not want a clerk. I said I did, and would willingly

give $200 a month for a good one; but that I had written to Sacramento

and was expecting one from there. The young man suggested that perhaps

the one from Sacramento would not come or might be delayed, and he

would like to take the place in the meanwhile. I replied, very well,

if he was willing to act until the other arrived, he might do so. And

thereupon he took hold and commenced work. Three days afterwards the

man from Sacramento arrived; but in the meanwhile I had become so much

pleased with the brightness and quickness of my young clerk that I

would not part with him. That young clerk was George C. Gorham,

the present Secretary of the United States Senate. I remember him

distinctly as he first appeared to me, with red and rosy cheeks. His

quickness of comprehension was really wonderful. Give him half an idea

of what was wanted, and he would complete it as it were by intuition.

I remember on one occasion he wanted to know what was necessary for

a marriage settlement. I asked him why. He replied that he had been

employed by a French lady to prepare such a settlement, and was

to receive twenty-five dollars for the instrument. I gave him some

suggestions, but added that he had better let me see the document

after he had written it. In a short time afterwards he brought it to

me, and I was astonished to find it so nearly perfect. There was only

one correction to make. And thus ready I always found him. With the

most general directions he would execute everything committed to his

charge, and usually with perfect correctness. He remained with me

several months, and acted as clerk of my Alcalde court, and years

afterwards, at different times was a clerk in my office. When I went

upon the bench of the Supreme Court, I appointed him clerk of the

Circuit Court of the United States for the District of California,

and, with the exception of the period during which he acted as

secretary of Gov. Low, he remained as such clerk until he was

nominated for the office of governor of the State, when he resigned.

Through the twenty-seven years of our acquaintance, from 1850 to the

present time, July, 1877, his friendship and esteem have been sincere

and cordial, which no personal abuse of me could change and no

political differences between us could alienate. His worldly

possessions would have been more abundant had he pursued the

profession of the law, which I urged him to do; and his success as a

public man would have been greater, had he been more conciliatory to

those who differed from him in opinion.

THE TURNER CONTROVERSY.

Towards the end of May, 1850, William E. Turner, who had been

appointed Judge of the Eighth Judicial District of the State by the

first Legislature which convened under the Constitution, made his

appearance and announced that he intended to open the District Court

at Marysville on the first Monday of the next month. We were all

pleased with the prospect of having a regular court and endeavored,

as far as lay in our power, to make the stay of the Judge with us

agreeable. I had been in the habit of receiving a package of New York

newspapers by every steamer, and among them came copies of the New

York "Evening Post," which was at that time the organ of the so-called

Free-soil party. When Judge Turner arrived, I waited on him to pay my

respects, and sent him the various newspapers I had received. He had

lived for years in Texas, and, as it proved, was a man of narrow

mind and bitter prejudices. He seems to have had a special prejudice

against New Yorkers and regarded a Free-soiler as an abomination. I

have been told, and I believe such to be the fact, that my sending

him these newspapers, and particularly the "Evening Post," led him

to believe that I was an "Abolitionist"--a person held in special

abhorrence in those days by gentlemen from the South. At any rate he

conceived a violent dislike of me, which was destined in a short time

to show itself and cause me great annoyance. What was intended on my

part as an act of courtesy, turned out to be the beginning of a long,

bitter, and on his part, ferocious quarrel. At that time my affairs

were in a very prosperous condition, as I have already stated. I had

$14,000 in gold dust, a rental of over a thousand dollars a month, and

a large amount of city property constantly increasing in value. Such

being the case, I thought I would go East on a visit, and accordingly

began making arrangements to leave. But shortly before the opening

of the June term of the District Court, Captain Sutter came to me

and told me he had been sued by a man named Cameron, and wished me to

appear as his counsel. I answered that I was making arrangements to go

East and he had better retain some one else. He replied that I ought

to remain long enough to appear for him and assist his attorney, and

begged of me as an act of friendship to do so. I finally consented,

and deferred my departure.

Soon after the opening of the court, some time during the first week,

the case of Captain Sutter was called. A preliminary motion, made by

his attorney, was decided against him. Mr. Jesse O. Goodwin, a member

of the bar, sitting near, said to me that the practice act, passed

at the recent session of the Legislature, contained a section

bearing upon the question; and at the same time handed me the act.

I immediately rose, and addressing the court, remarked that I was

informed there was a statutory provision applicable to the point, and

begged permission to read it; and commenced turning over the pages

of the act in search of it, when Judge Turner, addressing me and

apparently irritated, said in a petulant manner;--"The court knows

the law--the mind of the court is made up--take your seat, sir." I was

amazed at hearing such language; but in a respectful and quiet manner

stated that I excepted to the decision, and appealed, or would appeal

from the order. The Judge instantly replied, in a loud and boisterous

manner, "Fine that gentleman two hundred dollars." I replied quietly,

"Very well," or "Well, sir." He immediately added, in an angry tone,

"I fine him three hundred dollars, and commit him to the custody of

the sheriff eight hours." I again replied, "Very well." He instantly

exclaimed, in the same violent manner, "I fine him four hundred

dollars and commit him twelve hours." I then said that it was my right

by statute to appeal from any order of his honor, and that it was no

contempt of court to give notice of an exception or an appeal, and

asked the members of the bar present if it could be so regarded. But

the Judge, being very ignorant of the practice of the law, regarded

an exception to his decision as an impeachment of his judgment,

and, therefore, something like a personal affront. And so, upon my

statement, he flew into a perfect rage, and in a loud and boisterous

tone cried out, "I fine him five hundred dollars and commit him

twenty-four hours--forty-eight hours--turn him out of court--subpoena

a posse--subpoena me." I then left the court-room. The attorney in the

case accompanied me, and we were followed by the deputy sheriff.

After going a few steps we met the coroner, to whom the deputy sheriff

transferred me; and the coroner accompanied me to my office, and

after remaining there a few moments left me to myself. On the way an

incident occurred, which probably inflamed Judge Turner against me

more than anything else that could have happened. The attorney, who

was much exasperated at the conduct of the Judge, said to me as we met

the coroner, "Never mind what the Judge does; he is an old fool." I

replied, "Yes, he is an old jackass." This was said in an ordinary

conversational tone; but a man by the name of Captain Powers, with

whom Turner boarded, happened to overhear it, and running to the

court-house, and opening the door, he hallooed out, "Judge Turner!

oh, Judge Turner! Judge Field says you are an old jackass." A shout

followed, and the Judge seemed puzzled whether or not he should send

an officer after me, or punish his excitable friend for repeating my

language.

I remained in my office the remainder of the day, and many people who

were present in court, or heard of what had occurred, called to

see me. I immediately wrote out a full statement of everything that

happened in the court-room, and had it verified by a number of persons

who were eye and ear witnesses of the affair. Towards evening the

deputy sheriff met the Judge, who asked him what he had done with me.

The deputy answered that I had gone to my office and was still there.

The Judge said, "Go and put him under lock and key, and, if necessary,

put him in irons." The deputy came to me and said, "The Judge has sent

me to put you under lock and key; let me turn the key upon you in your

own office." At this I became indignant, and asked for his warrant or

commitment to hold me. He replied that he had none, that only a verbal

order was given to him by the Judge in the street. I then told him he

must go away from me and leave me alone. He replied that, "as he was

acting by the orders of the sheriff, whose deputy he was, in obeying

the Judge, he must do as he had been directed." He added, "I will lock

the door anyway," and doing so he went off. I immediately sued out

a writ of habeas corpus returnable before Henry P. Haun, the County

Judge. The writ was executed forthwith, and the same evening I was

taken before the Judge. There was a great crowd present. I called

the sheriff to the stand and asked him if he had any writ, process,

commitment, or order by which he held me in custody. He replied that

he had none. I then put on the stand Samuel B. Mulford and Jesse O.

Goodwin and several others, who were present in the District Court

where the scenes narrated had occurred, and they testified that there

was nothing disrespectful in my language or manner; that I had not

used an expression at which anybody could justly take offence; and

that they had been utterly surprised at the conduct of the Judge,

which was violent and tyrannical; and that they saw no possible excuse

for it. This testimony was of course of no consequence on the question

presented by the habeas corpus; because, as there was no order or

warrant for my arrest in the possession of the officer, I could not,

under any circumstances, be held; but I wished to show my friends, who

had not been present in the court-room, the facts of the case.

I was of course at once discharged. But the matter did not end there.

An excited crowd was present, and as I left the court-room they

cheered enthusiastically. I thereupon invited them to the Covillaud

House, a public house in the town, and directed the keeper to dispense

to them the good things of his bar. The champagne was accordingly

uncorked without stint, and the best Havana boxes were soon emptied of

their most fragrant cigars. A bill of $290 paid the next day settled

the account. Whilst the boys were thus enjoying themselves, Judge

Turner, who was not far off, entered the Covillaud House, perfectly

furious, and applied obscene and vile epithets to the County Judge,

declaring with an oath that he would teach "that fellow" that he was

an inferior judge, and that the witnesses before him were a set of

"perjured scoundrels" who should be expelled from the bar. Similar

threats were made by him in different saloons in the town, to the

disgust of every one. That evening he was burned in effigy in the

public plaza. I had nothing to do with that act, and did not approve

of it. I did not know then, and do not know to this day who were

engaged in it. He attributed it to me, however, and his exasperation

towards me in consequence became a malignant fury.

On the Monday following, June 10th, which was the first day on which

the court was held after the scenes narrated, Judge Turner, on the

opening of the court, before the minutes of the previous session

were read, and without notice to the parties, or any hearing of them,

although they were present at the time, ordered that Judge Haun

be fined fifty dollars and be imprisoned forty-eight hours for his

judicial act in discharging me from arrest, under some pretence that

the order of the court had been thus obstructed by him. At the same

time he ordered that I should be re-imprisoned, and that Mr. Mulford,

Mr. Goodwin, and myself should be expelled from the bar; myself for

suing out the writ, and those two gentlemen for being witnesses on

its return, under the pretence that we had "vilified the court and

denounced its proceedings." Judge Haun paid his fine and left the

court-room, and I was again taken into custody by the sheriff.[1]

It happened to be the day appointed by law for the opening of the

Court of Sessions of the county, over which the County Judge presided.

Judge Haun proceeded from the District Court to the room engaged for

the Court of Sessions, and there, in connection with an associate

justice, opened that court. Immediately afterwards I sued out another

writ of _habeas corpus_, returnable forthwith, and whilst before the

court arguing for my discharge under the writ, the sheriff entered

and declared his intention of taking me out of the room, and of taking

Judge Haun from the bench and putting us in confinement, pursuant to

the order of Judge Turner. Judge Haun told the sheriff that the Court

of Sessions was holding its regular term; that he was violating the

law, and that the court must not be disturbed in its proceedings.

Judge Turner was then informed that the Court of Sessions was sitting;

that Judge Haun was on the bench, and that I was arguing before the

court on a writ of habeas corpus. Judge Turner immediately ordered a

posse to be summoned and appealed to gentlemen in the court-room to

serve on it, and directed the sheriff to take Judge Haun and myself

into custody by force, notwithstanding Judge Haun was on the bench,

and I was arguing my case; and if necessary to put Judge Haun in

irons--to handcuff him. Soon afterwards the sheriff, with a posse,

entered the room of the Court of Sessions, and forced me out of it,

and was proceeding to seize Judge Haun on the bench, when the Judge

stepped to a closet and drew from it a navy revolver, cocked it, and,

pointing it towards the sheriff, informed him in a stern manner that

he was violating the law; that whilst on the bench he, the Judge,

could not be arrested, and that if the sheriff attempted to do so he

would kill him. At the same time he fined the sheriff for contempt of

court $200, and appointed a temporary bailiff to act, and directed him

to clear the court-room of the disturbers. The new bailiff summoned

all the bystanders, who instantly responded, and the court-room was

immediately cleared. Judge Haun then laid his revolver on a drawer

before him, and inquired if there was any business ready; for if so

the court would hear it. There being none, the court adjourned.

I regret to be compelled to add, that notwithstanding the manly and

courageous conduct which Judge Haun had thus shown, no sooner was the

court adjourned than he was persuaded to make a qualified apology to

the District Court for discharging me, by sending a communication to

it, stating "that if he was guilty of obstructing the order of the

court in releasing Field, he did it ignorantly, not intending any

contempt by so doing;" and thereupon the District Court ordered that

he be released from confinement, and that his fine be remitted.[2]

Of course there was great excitement through the town as soon as these

proceedings became known. That night nearly all Marysville came to my

office. I made a speech to the people. Afterwards some of them passed

in front of Turner's house, and gave him three groans. They then

dispersed, and in returning home some of them fired off their pistols

as a sort of finale to the proceedings of the evening. The firing was

not within three hundred yards of Turner's house; but he seized hold

of the fact of firing, and stated that he had been attacked in his

house by an armed mob. He also charged that I had instigated the crowd

to attack him, but the facts are as I have stated them. There was a

great deal of feeling on the part of the people, who generally sided

with me; but I did nothing to induce them to violate the law or

disturb the peace. Even if I wished to do so, prudence and policy

counselled otherwise.

When Turner caused the names of Mulford, Goodwin, and myself, to be

stricken from the roll of attorneys, we, of course, could no longer

appear as counsel in his court. I at once prepared the necessary

papers, and applied to the Supreme Court of the State for a mandamus

to compel him to vacate the order and reinstate us. I took the ground

that an attorney and counsellor, by his admission to the bar, acquired

rights of which he could not be arbitrarily deprived; that he could

not, under any circumstances, be expelled from the bar without charges

being preferred against him and an opportunity afforded to be heard

in his defence; that the proceedings of Judge Turner being ex-parte,

without charges preferred, and without notice, were void; and that a

mandate, directing him to vacate the order of expulsion and restore us

to the bar, ought to be issued immediately.

In addition, to this application, I also moved for a mandamus to him

to vacate the order imposing a fine and imprisonment upon me for the

alleged contempt of his court, or for such other order in the premises

as might be just. I took the ground, that as the order did not show

any act committed which could constitute a contempt of court, it was

void on its face, and should be so declared. My old friend, Gregory

Yale, assisted me in the presentation of these motions. In deciding

them, the court delivered two opinions, in which these positions

were sustained. They are reported under the titles of People, ex rel.

Mulford et al., vs. Turner, 1 Cal., 143; and People, ex rel. Field vs.

Turner, 1 Cal., 152. In the first case, a peremptory writ of mandamus

was issued, directed to Judge Turner, ordering him to reinstate us as

attorneys; in the second, a writ of certiorari was issued to bring

up the order imposing a fine, which was subsequently reversed and

vacated, as shown in Ex-parte Field, 1 Cal., 187. The opinions

referred to were delivered by Judge Bennett, and are models of their

kind. Many years afterwards, when a somewhat similar question came

before the Supreme Court of the United States, I was called upon to

announce its judgment; and in doing so, I followed these opinions, as

may be seen by reference to the case of Ex-parte Robinson, 19 Wallace,

510. I there repeated substantially the doctrine of Judge Bennett,

which is the only doctrine that will protect an attorney and

counsellor from the tyranny of an arbitrary and capricious officer,

and preserve to him his self-respect and independence.

When the order for our restoration came down from the Supreme Court,

Turner refused to obey it; and wrote a scurrilous "Address to the

Public" about us, which he published in one of the newspapers. We

replied in a sharp and bitter article, signed by ourselves and five

other gentlemen; and at the same time we published a petition to the

Governor, signed by all the prominent citizens of Marysville, asking

for Judge Turner's removal. There was a general impression in those

days that Judges appointed before the admission of the State into the

Union held their offices subject to removal by the Governor. I hardly

know how this impression originated, but probably in some vague

notions about the powers of Mexican Governors. However this may be,

such was the general notion, and in accordance with it, a petition for

Turner's removal was started, and, as I have said, was very generally

signed.[3] The matter had by this time assumed such a serious

character, and the Judge's conduct was so atrocious, that the people

became alarmed and with great unanimity demanded his deposition from

office.

In the article referred to as published by us, we said, after setting

forth the facts, that "Judge Turner is a man of depraved tastes, of

vulgar habits, of an ungovernable temper, reckless of truth when his

passions are excited, and grossly incompetent to discharge the duties

of his office." Unfortunately the statement was perfectly true. He

refused to obey the mandate of the Supreme Court, even talked of

setting that court at defiance, and went around saying that every one

who had signed an affidavit against him was a "perjured villain," and

that as to Goodwin, Mulford, and Field, he would "cut their ears

off." He frequented the gambling saloons, associated with disreputable

characters, and was addicted to habits of the most disgusting

intoxication. Besides being abusive in his language, he threatened

violence, and gave out that he intended to insult me publicly the

first time we met, and that, if I resented his conduct, he would shoot

me down on the spot. This being reported to me by various persons, I

went to San Francisco and consulted Judge Bennett as to what course

I ought to pursue. Judge Bennett asked if I were certain that he had

made such a threat. I replied I was. "Well," said the Judge, "I will

not give you any advice; but if it were my case, I think I should

get a shot-gun and stand on the street, and see that I had the first

shot." I replied that "I could not do that; that I would act only in

self-defence." He replied, "That would be acting in self-defence."

When I came to California, I came with all those notions, in respect

to acts of violence, which are instilled into New England youth; if a

man were rude, I would turn away from him. But I soon found that men

in California were likely to take very great liberties with a person

who acted in such a manner, and that the only way to get along was

to hold every man responsible, and resent every trespass upon

one's rights. Though I was not prepared to follow Judge Bennett's

suggestion, I did purchase a pair of revolvers and had a sack-coat

made with pockets in which the barrels could lie, and be discharged;

and I began to practice firing the pistols from the pockets. In time I

acquired considerable skill, and was able to hit a small object across

the street. An object so large as a man I could have hit without

difficulty. I had come to the conclusion that if I had to give up my

independence; if I had to avoid a man because I was afraid he would

attack me; if I had to cross the street every time I saw him coming,

life itself was not worth having.

Having determined neither to seek him nor to shun him, I asked a

friend to carry a message to him, and to make sure that it would reach

him, I told different parties what I had sent, and I was confident

that they would repeat it to him. "Tell him from me," I said, "that

I do not want any collision with him; that I desire to avoid all

personal difficulties; but that I shall not attempt to avoid him; that

I shall not cross the street on his account, nor go a step out of my

way for him; that I have heard of his threats, and that if he attacks

me or comes at me in a threatening manner I will kill him."[4] I

acted on my plan. I often met him in the streets and in saloons, and

whenever I drew near him I dropped my hand into my pocket and cocked

my pistols to be ready for any emergency. People warned me to look

out for him; to beware of being taken at a disadvantage; and I was

constantly on my guard. I felt that I was in great danger; but after

awhile this sense of danger had a sort of fascination, and I often

went to places where he was, to which I would not otherwise have gone.

Whenever I met him I kept my eye on him, and whenever I passed him on

the street I turned around and narrowly watched him until he had

gone some distance. I am persuaded if I had taken any other course, I

should have been killed. I do not say Turner would have deliberately

shot me down, or that he would have attempted anything against me in

his sober moments; but when excited with drink, and particularly when

in the presence of the lawless crowds who heard his threats, it would

have taken but little to urge him on. As it turned out, however, he

never interfered with me, perhaps because he knew I was armed and

believed that, if I were attacked, somebody, and perhaps more than

one, would be badly hurt. I have been often assured by citizens of

Marysville that it was only the seeming recklessness of my conduct,

and the determination I showed not to avoid him or go out of his way,

that saved me. But at the same time my business was ruined. Not only

was I prevented, by his refusal to obey the mandate of the Supreme

Court, from appearing as an advocate, but I could not, on account of

the relation I occupied towards him, practice at all; nor could I,

under the circumstances, leave Marysville and make my intended visit

East. Having nothing else to do, I went into speculations which

failed, and in a short time--a much shorter time than it took to make

my money--I lost nearly all I had acquired and became involved in

debt.

[1] See Exhibit D, in Appendix.

[2] See Exhibit E, in Appendix.

[3] See Exhibit F, in Appendix.

[4] See Exhibit G, in Appendix.

RUNNING FOR THE LEGISLATURE.

One morning about this time I unexpectedly found myself in the

newspapers, nominated by my friends as a candidate for the lower house

of the Legislature. Who the friends were that named me I did not

know; but the nomination opened a new field and suggested new ideas. I

immediately accepted the candidacy. Judge Turner had threatened, among

other things, to drive me into the Yuba River. I now turned upon him,

and gave out that my object in wishing to go to the Legislature was to

reform the judiciary, and, among other things, to remove him from the

district. I canvassed the county thoroughly and was not backward in

portraying him in his true colors. He and his associates spared no

efforts to defeat me. Their great reliance consisted in creating the

belief that I was an abolitionist. If that character could have been

fastened upon me it would have been fatal to my hopes, for it was a

term of great reproach. Yuba County then comprised the present county

of that name, and also what are now Nevada and Sierra Counties. It

was over a hundred miles in length and about fifty in width, and had

a population of twenty-five thousand people, being the most populous

mining region in the State. I visited nearly every precinct and spoke

whenever I could get an audience. An incident of the canvass may not

be uninteresting. I went to the town of Nevada a little more than a

week before the election. As I was riding through its main street a

gentleman whom I had long known, General John Anderson, hailed me,

and, after passing a few words, said, "Field, you won't get fifty

votes here." I asked, "Why not?" He replied, "Because everybody is for

McCarty, your opponent." I said, somewhat sharply, "Anderson, I have

come here to fight my own battle and I intend to carry Nevada." He

laughed and I rode on. The first man I met after reaching the hotel

was Captain Morgan, who afterwards commanded a steamer on the Bay of

San Francisco. After talking for some time on general topics, he asked

me about a story in circulation that I was an abolitionist. I saw at

once the work of enemies, and I now understood the meaning of General

Anderson's remark. I assured Morgan that the story was entirely false,

and added; "To-morrow will be Sunday; everybody will be in town; I

will then make a speech and show the people what kind of a man I am,

and what my sentiments are on this and other subjects." Accordingly,

the next day, in the afternoon, when the miners from the country were

in town and had nothing else to do than to be amused, I mounted a

platform erected for the purpose in the main street, and commenced

speaking. I soon had a crowd of listeners. I began about my candidacy,

and stated what I expected to do if elected. I referred to the

necessity of giving greater jurisdiction to the local magistrates, in

order that contests of miners respecting their claims might be tried

in their vicinity. As things then existed the right to a mule could

not be litigated without going to the county seat, at a cost greater

than the value of the animal. I was in favor of legislation which

would protect miners in their claims, and exempt their tents, rockers,

and utensils used in mining from forced sale. I was in favor of

dividing the county, and making Nevada the seat of the new county. I

had heard of numerous measures they wanted, and I told them how many

of these measures I advocated. Having got their attention and excited

their interest, I referred to the charge made against me of being

an abolitionist, and denounced it as a base calumny. In proof of

the charge I was told that I had a brother in New York who was a

free-soiler. So I had, I replied, and a noble fellow he is--God bless

him wherever he may be. But I added, I have another brother who is a

slaveholder in Tennessee, and with which one, I asked, in the name

of all that is good, were they going to place me. I wondered if these

"honorable" men, who sought by such littleness to defeat me, did not

find out whether I did not have some other relatives,--women, perhaps,

who believed in things unearthly and spiritual,--whose opinions they

could quote to defeat me. Shame on such tactics, I said, and the crowd

answered by loud cheering. I then went on to give my views of our

government, of the relation between the general government of the

Union and the government of the States, to show that the former

was created for national purposes which the States could not well

accomplish--that we might have uniformity of commercial regulations,

one army and one navy, a common currency, and the same postal system,

and present ourselves as one nation to foreign countries--but that all

matters of domestic concern were under the control and management of

the States, with which outsiders could not interfere; that slavery

was a domestic institution which each State must regulate for itself,

without question or interference from others. In other words, I made

a speech in favor of State Rights, which went home to my hearers, who

were in great numbers from the South. I closed with a picture of the

future of California, and of the glories of a country bounded by two

oceans. When I left the platform the cheers which followed showed that

I had carried the people with me. McCarty, my opponent, followed, but

his speech fell flat. Half his audience left before he had concluded.

The election took place a week from the following Monday. I remained

in Nevada until it was over. At the precinct in town where I had

spoken, I had between three and four hundred majority, and in another

precinct in the outskirts I had a majority of two to one. In the

county generally I ran well, and was elected, notwithstanding the fact

that I was not the nominee of any convention or the candidate of any

party. The morning following the election, as I was leaving Nevada, I

rode by the store of General Anderson, and hailing him, inquired

what he thought now of my getting fifty votes in the town. "Well," he

replied, "it was that Sunday speech of yours which did the business.

McCarty could not answer it."

There was one thing in the election which I regretted, and that

was that I did not carry Marysville; a majority of the votes of its

citizens was cast for my opponent. It is true that there the greater

number of gamblers and low characters of the county were gathered, but

the better class predominated in numbers, and I looked with confidence

to its support. My regret, however, was sensibly diminished when I

learned the cause of the failure of a portion of the people to give me

their votes. Some few weeks previous to the day of election a man

was killed in the street by a person by the name of Keiger, who was

immediately arrested. The person killed was about leaving the State,

and owed a small debt to Keiger, which he refused either to pay or to

give security for its payment. Exasperated by his refusal, Keiger drew

a pistol and shot him. I was sent for by an acquaintance of Keiger

to attend his examination before the local magistrate, by whom he was

held for the action of the grand jury. In the afternoon of the same

day a large crowd assembled in the streets, with the purpose of

proceeding to the summary execution of Keiger. Whilst the people were

in a great state of excitement I made a speech to them, begging them

not to resort to violence and thus cast reproach upon the good name

of Marysville, but to let the law take its course, assuring them that

justice would certainly be administered by the courts. My remarks were

received with evident displeasure, and I am inclined to think that

violence would have been resorted to had not the prisoner been

secretly removed from the city and taken to Sacramento. The

exasperation of a large number, at this escape of their intended

victim, vented itself on me, and cost me at least a hundred votes in

the city. I would not have acted otherwise had I known beforehand that

such would be the result of my conduct. When the civil tribunals are

open and in the undisturbed exercise of their jurisdiction, a resort

to violence can never be approved or excused.

I witnessed some strange scenes during the campaign, which well

illustrated the anomalous condition of society in the county. I will

mention one of them. As I approached Grass Valley, then a beautiful

spot among the hills, occupied principally by Mr. Walsh, a name since

become familiar to Californians, I came to a building by the wayside,

a small lodging-house and drinking-saloon, opposite to which a Lynch

jury were sitting, trying a man upon a charge of stealing gold dust.

I stopped and watched for awhile the progress of the trial. On an

occasion of some little delay in the proceedings, I mentioned to

those present, the jury included, that I was a candidate for the

Legislature, and that I would be glad if they would join me in a glass

in the saloon, an invitation which was seldom declined in those days.

It was at once accepted, and leaving the accused in the hands of an

improvised constable, the jury entered the house and partook of the

drinks which its bar afforded. I had discovered, or imagined from the

appearance of the prisoner, that he had been familiar in other days

with a very different life from that of California, and my sympathies

were moved towards him. So, after the jurors had taken their drinks

and were talking pleasantly together, I slipped out of the building

and approaching the man, said to him, "What is the case against you?

Can I help you?" The poor fellow looked up to me and his eyes filled

with great globules of tears as he replied. "I am innocent of all I am

charged with. I have never stolen anything nor cheated any one; but I

have no one here to befriend me." That was enough for me. Those eyes,

filled as they were, touched my heart. I hurried back to the saloon;

and as the jurors were standing about chatting with each other I

exclaimed, "How is this? you have not had your cigars? Mr. bar-keeper,

please give the gentlemen the best you have; and, besides, I added,

let us have another 'smile'--it is not often you have a candidate for

the Legislature among you." A laugh followed, and a ready acceptance

was given to the invitation. In the meantime my eyes rested upon

a benevolent-looking man among the jury, and I singled him out for

conversation. I managed to draw him aside and inquired what State he

came from. He replied, from Connecticut. I then asked if his parents

lived there. He answered, with a faltering voice, "My father is dead;

my mother and sister are there." I then said, "Your thoughts, I

dare say, go out constantly to them; and you often write to them, of

course." His eyes glistened, and I saw pearl-like dew-drops gathering

in them; his thoughts were carried over the mountains to his old home.

"Ah, my good friend," I added "how their hearts must rejoice to hear

from you." Then, after a short pause, I remarked, "What is the case

against your prisoner? He, too, perhaps, may have a mother and sister

in the East, thinking of him as your mother and sister do of you, and

wondering when he will come back. For God's sake remember this."

The heart of the good man responded in a voice which, even to this

day--now nearly twenty-seven years past--sounds like a delicious

melody in my ears: "I will do so." Passing from him I went to the

other jurors, and, finding they were about to go back to the trial,

I exclaimed, "Don't be in a hurry, gentlemen, let us take another

glass." They again acceded to my request, and seeing that they were

a little mellowed by their indulgence, I ventured to speak about the

trial. I told them that the courts of the state were organized, and

there was no necessity or justification now for Lynch juries; that the

prisoner appeared to be without friends, and I appealed to them, as

men of large hearts, to think how they would feel if they were accused

of crime where they had no counsel and no friends. "Better send him,

gentlemen, to Marysville for trial, and keep your own hands free from

stain." A pause ensued; their hearts were softened; and, fortunately,

a man going to Marysville with a wagon coming up at this moment, I

prevailed upon them to put the prisoner in his charge to be taken

there. The owner of the wagon consenting, they swore him to take the

prisoner to that place and deliver him over to the sheriff; and to

make sure that he would keep the oath, I handed him a "slug," a local

coin of octagonal form of the value of fifty dollars, issued at that

time by assayers in San Francisco. We soon afterwards separated. As I

moved away on my horse my head swam a little, but my heart was joyous.

Of all things which I can recall of the past, this is one of the most

pleasant. I believe I saved the prisoner's life; for in those days

there was seldom any escape for a person tried by a Lynch jury.

The expenses of the election were very great. It was difficult to

interest the miners in it; most of them had come to the country in

the hope of improving their fortunes in one or two years, and then

returning to "the States." It was, therefore, a matter of little

moment to them who were chosen members of the coming Legislature.

Party lines were not regarded among them, and party questions could

not draw many of them from their labors. As I was an independent

candidate, not supported by any party, I had to bear the whole

expenses of the campaign. How great those expenses were may be

imagined from the following bill, one of a large number sent to me

after the election. I had told the saloon-keepers in the vicinity of

the polling places in the different precincts to be liberally disposed

towards my friends on the day of election. They took me literally at

my word, as this bill from the keeper of a saloon where the polls were

opened in Downieville precinct will show:

Mr. S.J. FIELD,

TO ORLEANS HOUSE.

To 460 drinks................................ $230 00

275 cigars................................ 68 75

------

Downieville, _October 9th, 1850_. $298 75

[Endorsed:]

"We hereby certify that the within account is correct.

"P.L. Moore.

"Wm. S. Spear."

"Received payment of the within bill in full from Stephen J. Field.

"J. Stratman.

"_October 14th, 1850_."

THE TURNER CONTROVERSY CONTINUED

It was not until after my election that Judge Turner paid any

attention to the mandate of the Supreme Court commanding him to vacate

his order of expulsion against myself and Messrs. Goodwin and Mulford,

and to restore us to the bar. The mandate was issued on the fourth of

July, and was served on the Judge on the sixteenth. He immediately

and publicly declared that he would not obey it, but would stand

an impeachment first. Whilst attending the Supreme Court on the

application for the writ, Mr. Goodwin, Mr. Mulford, and myself,

were admitted as attorneys and counsellors of that court, and that

admission under its rules entitled us to practice in all the courts

of the State. The effect of this, which re-instated us in the District

Court, he determined to defeat. He accordingly directed the sheriff

of the county to notify us to show cause, before the court in Sutter

County, why we should not be again expelled from the bar for the

publication of the article in the Placer Times, to which I have

referred, written in reply to his attack on us in his "Address to the

Public." The order was dated on the fourth of October, and was served

on the eighth, and required us to appear on the first Thursday of the

month, which was the third. As the time for appearance was previous to

the day of service and to the date of the order, no attention was paid

to it. The Judge, however, proceeded, and on the eleventh of the month

made another order of expulsion. After the adjournment of the court,

he discovered his blunder, and at once issued another direction to the

sheriff to notify us that the last order of expulsion was suspended

until the twenty-eighth of October, and to show cause on that day why

we should not be again expelled. In the meantime, the Judge made no

concealment of his purposes, but publicly declared in the saloons of

the town that if we did not appear upon this second notice, he would

make an order for our expulsion, and if we did appear, he would expel

us for contempt in publishing the reply to his article, which he

termed a false and slanderous communication. We knew, of course, that

it would be useless to appear and attempt to resist his threatened

action; still we concluded to appear and put in an answer.

Accordingly, on the day designated, we presented ourselves before the

court in Sutter County. I was the first one called upon to show cause

why I should not be again expelled. I stated that I was ready, and

first read an affidavit of one of the Associate Justices of the Court

of Sessions, to show that the Judge had declared his purpose to expel

myself and the other gentlemen in any event, and that it was an idle

ceremony to call upon us to show cause against such threatened action.

As soon as it was read, the Judge declared that it was not respectful

and could not be received. I then began to read my answer to the order

to show cause, but was stopped when I had read about one half of it,

and was told that it was not respectful and could not be received. I

then requested permission to file it, but my request was refused. Mr.

Mulford being called upon to show cause why he should not be expelled,

began to read an answer, but was stopped after reading a few lines.

His answer was respectful, and was substantially to the effect that he

had been admitted as attorney and counsellor in the Supreme Court on

the previous July, and was thus entitled to practice in all the courts

of the State; that the communication in the Placer Times was written

in reply to an article of the Judge, and that he was ready at the

proper time and place to substantiate its truth; and he protested

against the Judge's interfering in the matter in the manner indicated

in the notice. Mr. Goodwin being called upon, took in his answer

substantially the same grounds as Mr. Mulford. Immediately after Mr.

Goodwin took his seat, without a moment's hesitation, the Judge made

an order that his previous order of the eleventh of October, expelling

us, should be confirmed, and that the order should be published in the

Sacramento Times and the San Francisco Herald. I immediately took

the proper steps to obtain another mandate from the Supreme Court

to vacate this second expulsion; and also to attach the Judge for

non-compliance with the original mandate, the first order of expulsion

still being unvacated on the records of the court. At the January

term, 1851, the applications to the court in both cases were decided,

and they are reported in the 1st California Reports, at pages 189 and

190. In the attachment case, the court denied the application on the

ground that no motion had been made by us or any one on our behalf

to cause the original order of expulsion to be vacated, and that the

Judge had, in the proceedings to expel us, substantially recognized

us as re-instated. In the other case, the court decided that the

proceedings to re-expel us were irregular, and directed an alternative

writ to issue, commanding the Judge to vacate the order and to permit

us to practice in all the courts of the district, or to show cause

to the contrary, at the next term. No cause was ever shown; and thus

ended the attempts of an ignorant, malicious, and brutal judge to keep

us out of the profession of our choice. Mr. Goodwin has since held

many positions of honor and trust in the State. He was elected

District Attorney at the same time that I was elected to the

Legislature, and afterwards was Judge of Yuba County, and is now

(1877) a member of the State Senate. Mr. Mulford was afterwards and

until his death a successful practitioner at the bar of Marysville,

and was in all the affairs of life respected as a high-spirited and

honorable man.

But with Judge Turner I have not yet done. I have a long story still

to relate with respect to him. After my election to the Legislature

was ascertained, he became exceedingly solicitous to prevent in

advance my exerting any influence in it. He expected that I would

attack him, and endeavor to secure his impeachment, and he wanted

to break me down if possible. He accordingly published a pamphlet

purporting to be a statement of the charges that I preferred against

him, which was, however, little else than a tirade of low abuse of

myself and the editor of the Marysville Herald, in the columns of

which the conduct of the Judge had been the subject of just

criticism and censure. There was nothing in the miserable swaggering

billingsgate of the publication which merited a moment's notice, but

as in one passage he stated that he had attempted to chastise me

with a whip, and that I had fled to avoid him, I published in the

Marysville Herald the following card:

A CARD.

Judge William E. Turner, in a "statement" published over his

signature on the 12th instant, asserts that he attempted to

chastise me with a switch, and that I fled to avoid him. This

assertion is a _shameless lie_. I never, to my recollection,

saw Judge Turner with a switch or a whip in his hand. He has

made, as I am informed, many threats of taking personal

vengeance on myself, but he has never attempted to put any of

them into execution. I have never avoided him, but on the

contrary have passed him in the street almost every day for

the last four months. When he attempts to carry any of his

threats into execution, I trust that I shall not forget, at

the time, what is due to myself.

Judge Turner says he holds himself personally responsible in

and under all circumstances. This he says _in print_; but it

is well understood in this place that he has stated he should

feel bound by his oath of office to endeavor to obtain an

indictment against any gentleman who should attempt to call

him to account. Shielded behind his oath of office he has

displayed his character by childish boasts of personal courage

and idle threats of vengeance.

STEPHEN J. FIELD.

MARYSVILLE, _Dec. 21st, 1850_.

There were also annexed to the publication of Turner, letters from

different persons expressive of their opinion of his general bearing

on the bench and courtesy to them. Among these was one from John T.

McCarty, the candidate against me at the recent election, in which he

spoke in high terms of the Judge's conduct on the bench, and assailed

me as his calumniator, applying to me sundry coarse epithets. In

answer to this letter I published in the Herald the following card:

JOHN T. MCCARTY.

John T. McCarty, in a letter to Judge William E. Turner, dated

the 22d of November, takes occasion to apply several vile

epithets to myself, and uses the following language to Judge

Turner: "Having been present at the first term of your court

ever held in this district, and most of your courts since that

time, and being familiar with almost every decision and your

entire conduct upon the bench, I take pleasure in saying that

I never have practiced before any court where there was so

great a dispatch of business, so much order and general

satisfaction rendered by the rules and decisions of the court,

and that, notwithstanding the base denunciations of your

enemies, a large majority of the people who have attended your

courts approve and sustain your positions and decisions."

During the session of the District Court, at its first term,

this same John T. McCarty was called before the County Judge

to give his testimony on the return of a writ of _habeas

corpus_, and then he testified "_that the conduct of Judge

Turner on the bench was the most outrageous he had ever

witnessed in any court in which he had practiced;" and the

tenor and effect of his whole testimony was in the highest

degree condemnatory of the conduct of Judge Turner_.

One of two things follows: If the statement in the letter be

true, then John T. McCarty was guilty of perjury before the

County Judge; but if he testified to the truth, then his

statement in the letter is false. In the one case he is a liar

and in the other a perjured scoundrel. Thus convicted out of

his own mouth, his vile epithets respecting myself are not

worth a moment's consideration.

STEPHEN J. FIELD.

MARYSVILLE, _Dec. 21st, 1850_.

On my return from the Legislature, and afterwards, this same McCarty

was in my presence the most abject and humble wretch I knew in

Marysville. He almost piteously begged recognition by me, and was

ready to go down on his knees for it. He was a blustering miscreant,

full of courage where no force was required, and ready to run at the

first appearance of a fight. He was one of a class, all of whom are

alike, in whom bluster, toadyism, and pusillanimity go in concert, and

are about equally developed in degree.

LIFE IN THE LEGISLATURE

Immediately after the election I commenced the preparation of a bill

relating to the courts and judicial officers of the State, intending

to present it early in the session. The Legislature met at San Jose on

the first Monday of January, 1851, and I was placed on the Judiciary

Committee of the House. My first business was to call the attention

of the Committee to the bill I had drawn. It met their approval, was

reported with a favorable recommendation, and after a full discussion

was passed. Its principal provisions remained in force for many years,

and most of them are retained in the Code, which went into effect in

January, 1873. It created eleven judicial districts and defined the

jurisdiction and powers of every judicial officer in the State, from

a Supreme Judge to a Justice of the Peace. It provided that the then

incumbent District Judges should continue to be the Judges of the new

Districts according to their respective numbers. At the same time I

introduced a bill dividing the county of Trinity, and creating that

of Klamath; and also a bill dividing the county of Yuba, and creating

that of Nevada; and I so arranged it that out of Trinity and Klamath a

new Eighth Judicial District was created, and out of Yuba, Nevada,

and Sutter a Tenth Judicial District. Thus Turner, being Judge of

the Eighth District, was sent to the then comparative wilderness of

Trinity and Klamath; and the Tenth District was to have a new judge.

After this bill was passed I presented petitions from the citizens

of Yuba County, and of that part which now constitutes Nevada County,

praying for the impeachment of Turner, and his removal from office,

charging as grounds for it his incompetency from ignorance to

discharge its duties, his arbitrary and tyrannical conduct towards

the County Judge and members of the Marysville bar, the particulars

of which I have related, his contemptuous treatment of the writ of

_habeas corpus_, and his general immoral conduct.

A committee was thereupon appointed to which the petitions were

referred, with power to send for persons and papers. The testimony

taken by them fully established the charges preferred. Indeed, there

was no serious attempt made to refute them. The only evidence offered

in behalf of the Judge was that of a few persons who testified that

they had been treated by him with courtesy in some instances and that

good order had been maintained in court when they were present. There

is no doubt that the impeachment would have been ordered but for a

strong desire of the members to bring the session to a close, and

a report which had obtained credence, that after the passage of the

court bill, by which Turner was sent out of the eighth district, I was

content to let the question of impeachment be indefinitely postponed.

The testimony taken was reported by the Committee on the 15th of

April. His impeachment would have required a trial by the Senate,

which would have prolonged the session at least a month, and to this

members were much averse. Parties came to me and said, "Judge, what's

the use of pressing this matter. You have sent Turner where there are

only grizzly bears and Indians; why not let him remain there? He

can do no harm there." I replied that he was not fit to be a judge

anywhere, and I refused assent to a postponement of the matter.

Afterwards, when the vote was about to be taken, a Senator and a

personal friend of Turner, misinterpreting some expressions of mine

that I desired to bring the matter to a speedy close, privately stated

to members of the House that I had declared myself satisfied by the

passage of the court bill and was willing to let the impeachment be

dropped, it being understood that this course would not be taken as a

sanction of the Judge's conduct. To my astonishment, members who

had said only half an hour before that they should vote for the

impeachment now voted for an indefinite postponement, which was

carried by three votes--fifteen to twelve. I did not vote, and three

members who strongly favored the impeachment were absent at the

time. Seven of the members who voted for the indefinite postponement

afterwards informed me that they had done so under the impression that

such a disposition of the matter would be satisfactory to me, and that

if a direct vote had been taken on the charges they should have voted

for the impeachment. Here the matter ended; I did not pursue it.

Turner did not go back to Marysville and I had no further trouble

with him.[1]

To understand fully the legislation with which I was connected, and

its effect upon the State, one must be familiar with the history of

the country and the condition of its people. In addition to the act

concerning the courts and judicial officers referred to, I took up the

Code of Civil Procedure, as reported by the Commissioners in New York,

remodelled it so as to adapt it to the different condition of things

and the different organization of the courts in California, and

secured its passage. It became what was known as the California

Civil Practice Act, and was afterwards adopted in Nevada and in the

Territories west of the Rocky Mountains.

I also took up the Code of Criminal Procedure, as reported by the same

Commissioners, and remodelled that in the same way and secured its

passage. It constituted what was afterwards known as the California

Criminal Practice Act, and was also adopted in the State and

Territories mentioned. The amount of labor bestowed upon these acts

will be appreciated when I state that I recast, in the two, over three

hundred sections, and added over one hundred new ones. I devoted so

much attention and earnestness to the work, that in a short time the

Legislature placed implicit confidence in everything relating to

the judiciary which I recommended. The Criminal Practice Act, for

instance, remodelled as stated, consisting of over six hundred

sections, was never read before the Legislature at all. The rules

were suspended and the bill read by its title and passed. When it came

before the Governor, on the last day of the session, he said he could

not sign it without reading it, and it was too late for him to do

that. I represented to him that its passage was essential to secure

the harmonious working of laws already passed. Turning to me he said,

"You say it is all right?" I replied, "Yes;" and thereupon he signed

it.

I have already stated that I moved Turner's impeachment. After the

testimony was taken I addressed the House upon the subject. In reply

to my remarks a member, by the name of B.F. Moore, from Tuolumne

County, took occasion to make an abusive attack on me. It was the

common practice in those days to go armed. Of the thirty-six members

of which the Assembly then consisted, over two-thirds never made their

appearance without having knives or pistols upon their persons, and

frequently both. It was a thing of every-day occurrence for a member,

when he entered the House, before taking his seat, to take off his

pistols and lay them in the drawer of his desk. He did it with as

little concern and as much a matter of course, as he took off his hat

and hung it up. Nor did such a thing excite surprise or comment. But

when Mr. Moore rose to reply to me, he first ostentatiously opened his

drawer, took out his revolvers, cocked them, and laid them in the

open drawer before him. He then launched out into a speech of the

most opprobrious language, applying to me offensive epithets, and

frequently interspersing his remarks with the declaration that he

was responsible for what he said, both there and elsewhere. It is

difficult for me to describe the indignation I felt at this outrageous

assault and the manner in which it was made. Its very fierceness made

me calm, as it is said that a tempest at sea is sometimes so violent

as to still the waves. So when I came to make my rejoinder, I answered

only such portions of his speech as attempted argument, and made no

allusion to the personal language he had used towards me. But as soon

as the vote was had on the question of postponing the impeachment, I

took measures to call him to account. For this purpose I applied to

Mr. Samuel A. Merritt, a member from Mariposa County, to carry a

note from me to him, calling upon him to apologize for his offensive

conduct or give me the satisfaction which it was understood one

gentleman had the right to demand from another.

At that time it was generally supposed that the constitutional

provision in regard to duelling was self-operative, and that any

person who either sent or accepted a challenge, or acted as a second

to one who thus offended, would _ipso facto_ be disqualified from

afterwards holding any public office. Upon this understanding of the

law, Mr. Merritt, with many expressions of regard for me and regret at

the law, declined to carry the note. I then applied to Mr. Richardson,

also a member, but he declined for the same reason. I was afraid, as

matters stood, that I could not get anybody to act for me, and I did

not know to whom to apply or what to do. Whilst thinking the matter

over, I happened, about nine o'clock in the evening, to walk into the

Senate Chamber, and there found Mr. David C. Broderick, afterwards

United States Senator, sitting at his desk writing. He was at that

time President _pro tem._ of the Senate. I had known him for some

time, but not intimately; we were merely bowing acquaintances. As I

entered he looked up and said, "Why, Judge, you don't look well, what

is the matter?" I answered that I did not feel well, for I had not a

friend in the world. He replied, "What is it that worries you?" I then

related to him everything that had happened, giving the particulars of

the gross and violent assault upon my character, and stated that I was

determined, at all hazards, to call Moore to account. Mr. Broderick,

without hesitation, said, "My dear Field, I will be your friend in

this matter; go and write at once a note to Moore, and I will deliver

it myself." I accordingly sat down at an adjoining desk and wrote him

a note, the purport of which was that I required him either to make a

public retraction of his insulting language in the Legislature, or to

give me the satisfaction I had a right to demand. Broderick approved

of its terms and at once proceeded to deliver it.

When he called on Moore and presented it, the latter said he expected

to be a candidate for Congress before the coming convention, and he

could not accept a challenge because it would disqualify him under the

constitution from holding the office. But at the same time he observed

that he was willing to meet me at any time and place; in other words,

that he had no objection to a street fight. Broderick replied that a

street fight was not exactly the thing among gentlemen; but that

if Moore would do no better, a street fight there should be; and

thereupon named a time and place when and where I would be found the

next morning.

Within an hour afterwards Moore changed his mind, and informed Mr.

Broderick that Drury Baldwin, another member of the House, would act

as his friend, and give a reply to my note the next morning.

In anticipation of a possible collision, Mr. Broderick took me out

early the following morning to try my skill in the use of a pistol. I

tried a navy revolver and succeeded in hitting a knot on a tree, at a

distance of thirty yards, three times out of five. Broderick declared

himself satisfied, and I then urged upon him the necessity of bringing

the matter to a speedy issue. In all this he concurred, and before the

meeting of the House, called upon Baldwin for an answer to my note.

Baldwin replied that his principal had made up his mind to do nothing

further in the matter. "Then," said Broderick, "as soon as the House

meets, Judge Field will arise in his seat and refer to the attack on

him and to the language of Moore, that he held himself responsible for

what he said, and state that respect for the dignity of the House had

prevented him from replying to the attack at the time in the terms

it deserved; that he had since demanded satisfaction of Moore for his

language, and that Moore had refused to respond, and will thereupon

pronounce him a liar and a coward." "Then," said Baldwin, "Judge Field

will get shot in his seat." "In that case," rejoined Broderick, "there

will be others shot too." Mr. Broderick soon afterwards informed me of

his conversation with Baldwin, and asked me if I would act as he had

stated I would. "Most certainly," I replied; "never fear for me; I

will meet the case as it should be met." Accordingly, when the House

opened, I took my seat at my desk as usual. Looking around I saw that

Broderick was seated near me, and behind him were eight or nine of his

personal friends, all armed to the teeth and ready for any emergency.

In the meantime, and just before the House met, General John E.

Addison, who had found out what was going on and knew the seriousness

of the affair, called on Moore, who was his friend, and urged him to

retract what he had said and make a suitable apology, and for that

purpose drew up a document for him to read to the House, but of this

I was not at the time informed. As soon as the journal was read I rose

in my seat and said, "Mr. Speaker." At the same moment Moore rose in

his seat and said, "Mr. Speaker." The Speaker recognized Moore first;

and Moore thereupon proceeded to read the written apology prepared by

Addison for his conduct and language to me. It was full, ample, and

satisfactory; and of course with that the matter ended. From that time

forward to the end of the session I had no further trouble with any

one.

[1] See Exhibit H, in Appendix.

FRIENDSHIP FOR DAVID C. BRODERICK.

The narrative which I have given of my difficulty with Moore explains

how Broderick befriended me at a very trying time. But that was

not the only occasion on which he befriended me. When I came to San

Francisco after the adjournment of the Legislature, in May, 1851, I

went several times to see him at the hotel where he stopped. On one

occasion in the evening, while we were in the saloon of the hotel, he

asked me to take a glass of wine with him. We stepped up to the bar

and were about drinking, when he suddenly threw himself before me and

with great violence pushed me out of the room. The proceeding was

so sudden and unexpected that I was astonished and for a moment

indignant. I demanded an explanation, saying "What does this mean, Mr.

Broderick?" He then told me that while we were standing at the bar

he had noticed Vi.--or to give his full name, Vicesimus--Turner, a

brother of the Judge, a man of desperate character, come into the

bar-room, throw back his Spanish cloak, draw forth a navy revolver,

and level it at me. Seeing the movement, he had thrown himself between

me and the desperado and carried me off. These good offices on the

part of Mr. Broderick filled me with a profound sense of gratitude.

For years afterwards I thought and felt as if there was nothing I

could do that would be a sufficient return for his kindness. On his

account I took much greater interest in political matters than I

otherwise should. In order to aid him in his aspirations for election

to the United States Senate, upon which he had set his heart,

I attended conventions and gave liberally, often to my great

inconvenience, to assist the side to which he belonged. To many

persons it was a matter of surprise that I should take such an

interest in his success and through good and evil report remain so

constant and determined in my support of him; but the explanation lies

in the circumstances I have narrated and the brave manner in which he

had stood by me in a most critical moment of my life.

I regret to state that this friendship was ever broken. It was not by

me; but broken it was. Shortly after Mr. Broderick was elected to the

Senate, he quarrelled with Mr. Buchanan over appointments to office

in California; and when he returned to the State, he expressed a good

deal of hostility to the Administration. In that hostility I did

not participate, and he complained of me for that reason. I was then

spoken of throughout the State as a probable candidate for the bench,

and he announced his opposition to my nomination. I made no complaints

of his conduct, but was much hurt by it. My nomination and election

soon afterwards removed me from the sphere of politics. I seldom met

him after my election, and never had any conversation with him.

Though he was offended at my failure to take sides with him in his

controversy with the President, and our intimacy ceased, I could never

forget his generous conduct to me; and for his sad death there was no

more sincere mourner in the State.

LEGISLATION SECURED AND BEGINNING A NEW LIFE.

My legislative career was not without good results. I drew, as already

stated, and carried through the Legislature a bill defining the powers

and jurisdiction of the courts and judicial officers of the State;

and whilst thus doing good, I also got rid of the ignorant and

brutal judge of our district who had outraged my rights, assaulted

my character, and threatened my life. I also, as I have mentioned,

introduced bills regulating the procedure in civil and criminal cases,

remodelled with many changes from the Codes of Civil and Criminal

Procedure reported by the Commissioners of New York; and secured their

passage.

In the Civil Practice Act I incorporated provisions making the most

liberal exemptions from forced sale of the personal property of a

debtor, including not merely a limited amount of household furniture,

and provisions sufficient for individual or family use for one month,

but also the instruments or tools by which he earned his livelihood.

The exemptions embraced necessary household and kitchen furniture,

wearing apparel, beds and bedding of the debtor, whatever his calling;

and also the farming utensils and implements of husbandry of the

farmer, two beasts of burden employed by him, and one cart or wagon;

the tools and implements of a mechanic or artisan necessary to carry

on his trade; the instruments and chests of a surgeon, physician,

surveyor, and dentist; the law libraries of an attorney and

counsellor; the cabin or dwelling of a miner, and his pick, rocker,

wheelbarrow, and other implements necessary to carry on mining

operations; two oxen, two horses or two mules and their harness, and

one cart or wagon of the cartman, hackman, or teamster; and one horse

with vehicle and harness and other equipments used by a physician,

surgeon, or minister of the gospel in making his professional visits;

and all arms and accoutrements required by law to be kept by any

person.

I never could appreciate the wisdom of that legislation which would

allow a poor debtor to be stripped of all needed articles of his

household and of the implements by which alone he could earn the means

of supporting himself and family and of ultimately discharging his

obligations. It has always seemed to me that an exemption from forced

sale of a limited amount of household and kitchen furniture of the

debtor, and of the implements used in his trade or profession, was not

only the dictate of humanity, but of sound policy.

I also incorporated a provision into the Civil Practice Act respecting

suits for mining claims, which was the foundation of the jurisprudence

respecting mines in the country. The provision was that in actions

before magistrates for such claims, evidence should be admitted of the

usages, regulations, and customs prevailing in the vicinity, and that

such usages, regulations, and customs, when not in conflict with the

constitution and laws of the State, or of the United States, should

govern the decision of the action. At this time suits for mining

claims, the mines being confessedly on the property of the United

States, were brought upon an alleged forcible or unlawful detainer.

This rule, thus for the first time adopted by legislative enactment,

was soon extended to actions for such claims in all courts, and has

since been adopted in all the States and Territories west of the Rocky

Mountains and substantially by the legislation of Congress. Simple as

the provision is, it solved a difficult problem.

I also advocated and aided the passage of the Homestead Exemption

Bill. That bill was introduced by Mr. G.D. Hall, a member from El

Dorado, and now a resident of San Francisco. It provided for an

exemption of the homestead to the value of $5,000. An effort was made

to reduce the amount to $3,000, and I think I rendered some aid in

defeating this reduction, which has always been to me a source of

great gratification.

I also secured the passage of an act concerning attorneys and

counsellors-at-law, in which I incorporated provisions that rendered

it impossible for any judge to disbar an attorney in the arbitrary

manner in which Judge Turner had acted towards me, without notice of

the charges against him and affording him an opportunity to be heard

upon them.

I also introduced a bill creating the counties of Nevada and Klamath,

the provisions of which were afterwards incorporated into a

general bill which was passed, dividing the State into counties and

establishing the seats of justice therein, and by which also the

county of Placer was created.

I drafted and secured the passage of an act concerning county

sheriffs, in which the duties and responsibilities of those officers,

not only in the execution of process and the detention of prisoners,

but as keepers of the county jail, were declared and defined; also

an act concerning county recorders, in which the present system of

keeping records was adopted. This latter act, though drawn by me, was

introduced by Mr. Merritt, of Mariposa, but he does not hesitate

to speak publicly of my authorship of it. I also prepared a bill

concerning divorces, which was reported from the Judiciary Committee

as a substitute for the one presented by Mr. Carr, of San Francisco,

and was passed. In this act, aside from the ordinary causes of

adultery, and consent obtained by force or fraud, for which divorces

are granted, I made extreme cruelty and habitual intemperance, wilful

desertion of either husband or wife for a period of two years, and

wilful neglect of the husband to provide for the wife the common

necessaries of life, having the ability to provide the same, for

a period of three years, also causes of divorce. I also drew the

charters of the cities of Marysville, Nevada, and Monterey, which were

adopted--that of Monterey being reported by the Judiciary Committee as

a substitute for one introduced by a member from that district. Other

bills drawn or supported by me were passed, the provisions of which

are still retained in the laws of the State.