The Shirley Letters from California Mines in 1851-52 Part 5

Ned himself waited, dressed in a brand-new flannel s.h.i.+rt and calico ditto, his hair--he is a light mulatto--frizzled to the most intense degree of corkscrewity, and a benign and self-satisfied smile irradiating his face, such as _should_ illumine the features of a great artist when he knows that he has achieved something, the memory of which the world will not willingly let die. In truth, he needed but white kid gloves to have been worthy of standing behind the chair of Count d'Orsay himself. So grand was his air, so ceremonious his every motion, that we forgot we were living in the heart of the Sierra Nevada; forgot that our home was a log cabin of mere primitive rudeness; forgot that we were sitting at a rough pine table covered with a ragged piece of four-cent cotton cloth, eating soup with iron spoons!

I wish, my funny little Molly, that you could have been here clairvoyantly. It was one of those scenes, just touched with that fine and almost imperceptible _perfume_ of the ludicrous, in which you especially delight. There are a thousand minute shreds of the absurd which my duller sense overlooks, but which never can hope to escape your mirth-loving vision.

Ned really plays beautifully on the violin. There is a white man, by the name of "Chock," who generally accompanies him. Of course, true daughter of Eve that you are, you will wish to know "right off" what Chock's _other_ name is. Young woman, I am ashamed of you! Who ever asks for the _other_ name of Alexander, of Hannibal, of Homer? Suffice it that he is Chock by himself,--Chock, and a.s.sistant violinist to Paganini Vattal Ned.

Ned and one of his musical cronies--a white man--gave me a serenade the other evening. As it was quite cold, F. made them come inside the cabin. It was the richest thing possible, to see the patronizing and yet serene manner with which Ned directed his companion what marches, preludes, etc., to play for the amus.e.m.e.nt of that profound culinary and musical critic, Dame s.h.i.+rley.

It must be confessed that Ned's love of the beautiful is not quite so correct as his taste in cooking and violin-playing. This morning a gentle knock at my door was followed by that polite person, bearing in triumph a small waiter, purloined from the Humboldt, on which stood in state, festooned with tumblers, a gaudy pitcher, which would have thrown Tearsoul and Lelie into ecstasies of delight. It was almost as wonderful a specimen of art as my chintz hanging. The groundwork is pure white, upon which, in bas-relief, are _executed_ two diabolical-looking bandits, appallingly bewhiskered and mustached, dressed in red coats, yellow pantaloons, green boots, orange-colored caps with brown feathers in them, and sky-blue bows and arrows. Each of the fascinating vagabonds is attended by a bird-of-paradise-colored dog, with a crimson tail waggingly depicted. They are embowered beneath a morning-glory vine, evidently a species of the Convolvulus unknown in America, as each one of its pink leaves, springing from purple stems, is three times the size of the bandit's head.

Ned could not have admired it more if it had been a jar of richest porcelain or a rare Etruscan vase, and when I gently suggested that it was a pity to rob the barroom of so elegant an ornament, he answered, "Miners can't appreciate a handsome pitcher, any more than they can good cooking, and Mrs. ---- will please to keep it."

Alas! I would infinitely have preferred the humblest brown jug, for that really _has_ a certain beauty of its own, and, besides, it would have been in keeping with my cabin. However, that good creature looked upon the miraculous vegetable, the fabulous quadrupeds, and the impossible bipeds, with so much pride that I had not the heart to tell him that the pitcher was a fright, but, graciously accepting it, I hid it out of sight as quickly as possible, on the trunk wash-stand behind the curtain.

We breakfast at nine and dine at six, with a dish of soup at noon for luncheon. Do not think we fare as sumptuously _every_ day as we did at the coronation-dinner. By no means; and it is said that there will probably be many weeks, during the season, when we shall have neither onions, potatoes, nor fresh meat. It is feared that the former will not keep through the whole winter, and the rancheros cannot at all times drive in cattle for butchering, on account of the expected snow.

Ned is not the only distinguished person residing on this Bar. There is a man camping here who was one of Colonel Fremont's guides during his travels through California. He is fifty years of age perhaps, and speaks several languages to perfection. As he has been a wanderer for many years, and for a long time was the princ.i.p.al chief of the Crow Indians, his adventures are extremely interesting. He chills the blood of the green young miners, who, unacquainted with the arts of war and subjugation, congregate around him by the cold-blooded manner in which he relates the Indian fights that he has been engaged in.

There is quite a band of this wild people herding a few miles below us, and soon after my arrival it was confidently affirmed and believed by many that they were about to make a murderous attack upon the miners.

This man, who can make himself understood in almost any language, and has a great deal of influence over all Indians, went to see them, and told them that such an attempt would result in their own certain destruction. They said that they had never thought of such a thing; that the Americans were like the gra.s.s in the valleys, and the Indians fewer than the flowers of the Sierra Nevada.

Among other oddities, there is a person here who is a rabid admirer of Lippard. I have heard him gravely affirm that Lippard was the greatest author the world ever saw, and that if one of his novels and the most fascinating work of ancient or modern times lay side by side, he would choose the former, even though he had already repeatedly perused it. He _studies_ Lippard just as other folks do Shakespeare, and yet the man has read and _admires_ the majestic prose of Chilton, and is quite familiar with the best English cla.s.sics! He is a Quaker, and his merciless and unmitigated regard for truth is comically grand, and nothing amuses me more than to draw out that peculiar characteristic.

For instance, after talking _at_ him the most beautiful and eloquent things that I can think of, I will pitilessly nail him in this wise:--

"Now, I know that _you_ agree with me, Mr. ----?"

It is the richest and broadest farce in this flattering and deceitful world to see him look right into my eyes while he answers smilingly, without the least evasion or reserve, the astounding _truth_,--

"I have not heard a word that you have been saying for the last half-hour; I have been thinking of something else!"

His dreamland reveries on these occasions are supposed to be a profound meditation upon the character and writings of his pet author. I am always glad to have him visit us, as some one of us is sure to be most unflatteringly electrified by his uncompromising veracity. I am, myself, generally the victim, as I make it a point to give him every opportunity for the display of this unusual peculiarity. Not but that I have had disagreeable truth told me often enough, but heretofore people have done it out of spitefulness; but Mr. ----, who is the kindest-hearted of mortals, never dreams that his merciless frankness can possibly wound one's self-love.

But _the_ great man--officially considered--of the entire river is the "Squire," as he is jestingly called. It had been rumored for some time that we were about to become a law-and-order-loving community, and when I requested an explanation, I was informed that a man had gone all the way to Hamilton, the county seat, to get himself made into a justice of the peace. Many shook their wise heads, and doubted, even if suited to the situation, which they say he is not, whether he would _take_ here; and certain rebel spirits affirmed that he would be invited to _walk over the hill_ before he had been in the community twenty-four hours, which is a polite way these free-and-easy young people have of turning out of town an obnoxious individual. Not that the Squire is particularly objectionable _per se_, but in virtue of his office, and his supposed ineligibility to fill the same. Besides, the people here wish to have the fun of ruling themselves. Miners are as fond of playing at law making and dispensing as French novelists are of "playing at Providence." They say, also, that he was not elected by the voice of the people, but that his personal friends nominated and voted for him unknown to the rest of the community. This is perhaps true. At least, I have heard some of the most respectable men here observe that had they been aware of the Squire's name being up as candidate for an office which, though insignificant elsewhere, is one of great responsibility in a mining community, they should certainly have gone against his election.

Last night I had the honor of an introduction to "_His_ Honor." Imagine a middle-sized man, quite stout, with a head disproportionately large, crowned with one of those immense foreheads eked out with a slight baldness (wonder if, according to the flattering popular superst.i.tion, he has _thought_ his hair off) which enchant phrenologists, but which one _never_ sees brooding above the soulful orbs of the great ones of the earth; a smooth, fat face, gray eyes, and prominent chin, the _tout ensemble_ characterized by an expression of the utmost meekness and gentleness, which expression contrasts rather funnily with a satanic goatee,--and you have our good Squire.

You know, M., that it takes the same _kind_ of power--differing, of course, in degree--to govern twenty men that it does to rule a million; and although the Squire is sufficiently intelligent, and the kindest-hearted creature in the world, he evidently does _not_ possess that peculiar tact, talent, gift, or whatever it is called, which makes Napoleons, Mahomets, and Cromwells, and which is absolutely necessary to keep in order such a strangely amalgamated community, representing as it does the four quarters of the globe, as congregates upon this river.

However, I suppose that we must take the goods the G.o.ds provide, satisfied that if our King Log does no good, he is too sincerely desirous of fulfilling his duty to do any harm. But I really feel sorry for this mere young Daniel come to judgment when I think of the gauntlet which the wicked wits will make him run when he tries his first cause.

However, the Squire may, after all, succeed. As yet he has had no opportunity of making use of his credentials in putting down miners'

law, which is, of course, the famous code of Judge Lynch. In the mean time we all sincerely pray that he may be successful in his laudable undertaking, for justice in the hands of a mob, however respectable, is, at best, a fearful thing.

LETTER _the_ NINTH

[_The_ PIONEER, _October_, 1854]

THEFT _of_ GOLD-DUST--TRIAL _and_ PUNISHMENT

SYNOPSIS

The "Squire's" first opportunity to exercise his judicial power.

Holding court in a barroom. The jury "treated" by the Squire. Theft of gold-dust, and arrest of suspect. A miners' meeting. Fear that they would hang the prisoner. Regular trial decided upon, at the Empire, Rich Bar, where the gold-dust was stolen. A suggestion of thrift.

Landlords to profit by trial, wherever held. Mock respect of the miners for the Squire. Elect a president at the trial. The Squire allowed to play at judge. Lay counsel for prosecution and defense. Ingenious defense of the accused. Verdict of guilty. Light sentence, on account of previous popularity and inoffensive conduct. Thirty-nine lashes, and to leave the river. Owner of gold-dust indemnified by transfer of thief's interest in a mine. A visit to Smith's Bar. Crossing the river on log bridges. Missouri Bar. Smith's a sunny camp, unlike Indian.

Frenchman's Bar, another sunny spot. "Yank," the owner of a log-cabin store. Shrewdness and simplicity. Hopeless ambition to be "cute and smart". The "Indiana girl" impossible to Yank. "A superior and splendid woman, but no polish". Yank's "olla podrida of heterogeneous merchandise". The author meets the banished gold-dust thief.

Subscription by the miners on his banishment. A fool's errand to establish his innocence. An oyster-supper bet. The thief's statements totally incompatible with innocence.

Letter _the_ Ninth

THEFT _of_ GOLD-DUST--TRIAL _and_ PUNISHMENT

_From our Log Cabin_, INDIAN BAR,

_October_ 29, 1851.

Well, my dear M., our grand Squire, whom I sketched for you in my last letter, has at length had an opportunity to exercise (or rather to _try_ to do so) his judicial power upon a criminal case. His first appearance as justice of the peace took place a week ago, and was caused, I think, by a prosecution for debt. On that momentous occasion, the proceeding having been carried on in the barroom of the Empire, it is said that our young Daniel stopped the court twice in order to treat the jury!

But let me tell you about the trial which has just taken place. On Sunday evening last, Ned Paganini, rus.h.i.+ng wildly up to our cabin, and with eyes so enormously dilated that they absolutely looked _all_ white, exclaimed that "Little John" had been arrested for stealing four hundred dollars from the proprietor of the Empire, and that he was at that very moment undergoing an examination before the Squire in the barroom of the Humboldt, where he was apprehended while betting at monte. "And," added Ned, with a most awe-inspiring shake of his corkscrews, "there is no doubt but that he will be hung!"

Of course I was inexpressibly shocked at Ned's news, for Little John, as he is always called (who, by the way, is about the last person, as every one remarked, that would have been suspected), seemed quite like an acquaintance, as he was waiter at the Empire when I boarded there. I hurried F. off as quickly as possible to inquire into the truth of the report. He soon returned with the following particulars.

It seems that Mr. B., who on Sunday morning wished to pay a bill, on taking his purse from between the two mattresses of the bed whereon he was accustomed to sleep, which stood in the common sitting-room of the family, found that four hundred dollars in gold-dust was missing. He did not for one moment suspect Little John, in whom himself and wife had always placed the utmost confidence, until a man, who happened to be in the barroom towards evening, mentioned casually that Little John was then at the Humboldt betting, or, to speak technically, "bucking"

away large sums at monte. Mr. B., who knew that he had no money of his own, immediately came over to Indian Bar and had him arrested on suspicion. Although he had lost several ounces, he had still about a hundred dollars remaining. But as it is impossible to identify gold-dust, Mr. B. could not swear that the money was his.

Of course the prisoner loudly protested his innocence, and as he was very drunk, the Squire adjourned all further proceedings until the next day, placing him under keepers for the night.

On the following morning I was awakened very early by a tremendous "Aye," so deep and mighty that it almost seemed to shake the cabin with its thrilling emphasis. I sprang up and ran to the window, but could _see_ nothing, of course, as our house stands behind the Humboldt, but I could easily understand, from the confused murmur of many voices and the rapidly succeeding "ayes" and "noes," that a large crowd had collected in front of the latter. My first apprehension was expressed by my bursting into tears and exclaiming,--

"Oh! F., for G.o.d's sake, rise; the mob are going to hang Little John!"

And my fear was not so absurd as you might at first imagine, for men have often been executed in the mines for stealing a much smaller sum than four hundred dollars.

F. went to the Humboldt, and returned in a few minutes to tell me that I might stop weeping, for John was going to have a regular trial. The crowd was merely a miners' meeting, called by Mr. B. for the purpose of having the trial held at the Empire for the convenience of his wife, who could not walk over to Indian Bar to give her evidence in the case.

However, as her deposition could easily have been taken, malicious people _will_ say that it was for the convenience of her husband's _pockets_, as it was well known that at whichever house the trial took place the owner thereof would make a handsome profit from the sale of dinners, drinks, etc., to the large number of people who would congregate to witness the proceedings. Miners are proverbial for their reverence for the s.e.x. Of course everything ought to yield where a lady is concerned, and they all very properly agreed, _nem. con._, to Mr.

B.'s request.

The Squire consented to hold the court at Rich Bar, although many think that thereby he compromised his judicial dignity, as his office is on Indian Bar. I must confess I see not how he could have done otherwise.

The miners were only too ready, so much do they object to a justice of the peace, to take the case _entirely_ out of his hands if their wishes were not complied with, which, to confess the truth, they _did_, even after all his concessions, though they _pretended_ to keep up a sort of mock respect for his office.

Everybody went to Rich Bar. No one remained to protect the calico shanties, the rag huts, and the log cabins, from the much talked of Indian attack--but your humble servant and Paganini Ned.

When the people, the mighty people, had a.s.sembled at the Empire, they commenced proceedings by voting in a president and jury of their own, though they kindly consented (how _very_ condescending!) that the Squire might _play at judge_ by sitting at the side of _their_ elected magistrate! This honor the Squire seemed to take as a sort of salve to his wounded dignity, and with unprecedented meekness _accepted_ it. A young Irishman from St. Louis was appointed counsel for John, and a Dr.