Contra Costa County CA Archives Biographies.....Smith, John F. S. 1821 - ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ca/cafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com November 29, 2005, 3:41 pm Author: W. A. Slocum & Co., Publishers (1882) JOHN F. S. SMITH.—Now living on the San Miguel Rancho, where his sons, Smith Brothers, are engaged in farming and stock-raising, we find the subject of this sketch. Mr. Smith, the old "ex-Sheriff" of Contra Costa county, as he is familiarly known among all of the old settlers, and whose personal acts as an energetic officer in the discharge of the then dangerous and trying duties of his position, were not only in the arrest of criminals of the most desperate kind, but on many occasions he was forced to contend with that greater danger to society, the rampant "mob spirit" then prevailing and threatening at times the subversion of law and order to the whims of an excited people, led generally by thoughtless demagogues to the extremes of daring rashness. Mr. Smith was evidently a success as a Sheriff, for notwithstanding the lapse of time, having retired from office as Sheriff in 1855, his sobriquet of ex-Sheriff still attaches to his name, and in the recital of the stirring events of his official term, his fellow citizens invariably refer to him in the honorable terms of the "right man in the right place." As stated, we found the old ex-Sheriff to be quite a courteous gentleman, of about sixty years, living with his large family on a fine ranch in Ygnacio valley, at the western base of Mount Diablo. We were kindly received and agreeably entertained by himself and family. He was quite willing to impart his knowledge of the early history of the county, but when informed that our special object was his biography, as one of the pioneers of Contra Costa county, a shade of sadness passed over his features and he replied that notwithstanding many incidents of his personal history would make interesting reading for a book, he did not relish the egotistical task of writing of himself—for if not altogether a failure in the struggle of life, he certainly was one financially. But after solicitation and informing him that it was a necessity to our history of the county, he penned for us the following events:— In throwing memory back over the thousand incidents in my personal history since I became aware of passing events, the task of selecting matter for this writing is overpowering, and I am tempted to condense by the simple recital that, on information and belief, I am the third son of respectable parents, and was on the 21st of November, A. D. 1821, in the city of Savannah, Georgia, introduced to this troublous world, in which, after possibly passing a few more years, the coroner will probably give you the date of my exit. But my promise requires something more, and therefore I must comply and if possible make the matter readable. My father was Captain James Smith of the United States navy, a native of Richmond, Virginia, of the old cavalier stock of Smiths and Mumfords of that old dominion. My mother was Mary Boylston, a native of Springfield, Massachusetts, and of the old Puritan stock of Morgans. James Boylston, my grandfather, was a Captain in the English army, and married my grandmother when the old revolutionary war was only a "little unpleasantness" to be settled in a few days, and which finally culminated in the independence of the Colonies after a long and bloody war. It was similar to the beginning of the late "secesh war," and there were many William H. Sewards at that time to predict a resto -ration of peace within "sixty days." The early history of my family brings out that fact forcibly. The Morgans, of Springfield, were strong Whigs, there was a family of Boylstons living in Boston, also Whigs, Captain James Boylston was introduced to the family by my great uncle, the late General David B. Morgan, his intimate friend, to placate the bitter hatred of the old mother towards the English, represented him as of the Boston stock of Boylstons, and as such he was welcomed to the family circle, they, my uncle and his friend the Captain, anticipating that the war clouds then lowering over America would soon blow over, and they would then find no difficulty in making peace with the old lady. The possibility of war could not stop the course of true love, and the young English Captain and the young daughter of the family fell hopelessly in love. The old lady having learned that her guest was only a cousin of the Boston family of Boylstons and the son and heir of the hated English stock, and still worse, an officer in the army of King George, wrathfully drove him from the house, and threatened, in case of any future visit, to have her negro slaves (slavery then existed in Massachusetts) tie him and deliver him over to Washington as a spy. The young captain and his lady love were married with the connivance of her brother David, and until called off to duty in the army, continued to visit his wife unknown to the old mother. My grandfather finally parted from his bride, fondly hoping that the unhappy war would soon cease and he would be permitted to return and claim her with the consent of all. But his young bride soon became a widow, and soon after a mother of an orphan girl. Her husband became a martyr to duty, and after giving birth to her child she followed him to where no ruthless wars could separate them, leaving her little girl in the care of her brother, the late General David B. Morgan, of Louisiana history, he to become her guardian and protector, the old lady having never forgiven her daugher for her secret marriage with the hated Englishman. The dying mother insisted upon depriving her of any care for or interest in her child, and insisted on the brother's promise to guard and protect her little babe. In the late "secesh" war we have many analagous cases of the loves and hates of the female sex within the rebel lines—for bear in mind my great-grandmother was a rebel of Massachusetts. We have a family story, which, as it concerns Washington, may be listened to with interest. My great-grandfather Morgan being one of General Washington's warmest supporters, was frequently visited by him for counsel and advice. My grandfather, then young Boylston, was of course introduced and became acquainted with the great man on such occasions. In the course of the bloody war which followed, Washington in the early dawn was inspecting the outer or picket lines, when he discovered a British soldier in the act of leveling his musket on him. Whilst facing the man in expectation of the bullet, he perceived an officer dashing rapidly up to the man, and in the next instant disarmed him, with these words: "King George expects from you the duty of a soldier and not that of an assassin," and then sent him in under arrest. Washington, in bowing his thanks, begged to know the name of the preserver of his life. The response was: "At some future time I hope to have the pleasure of giving it." The General subsequently learned that the gallant officer was Captain James Boylston, and that he fell mortally wounded on the battle field the same day, and died on board of a transport shortly after. On relating the incident to the family at the close of the war, he begged to be allowed to adopt little Mary, as he was childless, in gratitude to the dead father. The family declined the honorable request. As time rolled on and peace and social intercourse had been established, my mother, then a girl of fifteen, with her uncle, visited the family of the Lord Chief Justice of Canada. While there she was struck with the resemblance of one of the portraits to that of her father in her locket, and while comparing the two, the old Admiral Holloway, of the British Navy, came hobbling by, and inquired why she compared them, and asked her who the locket represented. She replied: "My father!" "Who was your father?" "James Boylston, sir." "Why, that is James Boylston on the wall—my nephew;" and looking at the locket and then at her, said, excitedly: "That is he, and you are surely his daughter. Explain to me, child! I did not know of his marriage in America." She referred him to her Uncle David, who soon explained the matter of the private marriage with his sister and the unhappy circumstances following. The old Admiral became still more excited, from the fact that James Boylston being supposed to have died intestate, the large estates in England were inherited, with the name and title, by the eldest son of the Admiral, he being the next in blood. After looking up the proofs of the marriage, the Admiral insisted on taking young Mary to England, and as the rightful heir of the estates, to be vested with her rights, as a simple act of justice, though by so doing he would deprive his own son of the title and estates which he was then unjustly enjoying. The papers being all arranged, they in due time arrived in England. The son was required by his father to resign the property, titles, etc., to the rightful heir; the young man refused; the father denounced him as a dishonest man and a degenerate son, and proceeded to enforce the claim at law. Some missing link or flaw in the proofs was observed, which required a return to America for additional evidence; he thereupon returned with her, and after having supplied the deficiency, was preparing to go back as soon as the next convoy would start, with renewed determination to oust his degenerate son, when death called the old man from earth and trouble. Feeling that his end was near, he called for Mary, the papers and the Lord Chief Justice, his son-in-law; placing the papers in his hands he exacted from his son-in-law a promise to proceed to England and enforce the claim of James Boylston's lawful heir and dispossess the degenerate son. As soon as practicable thereafter (the war against Napoleon then existing rendering a convoy necessary to cross the ocean), the Chief Justice and my mother were prepared to start in pursuance of the dying injunction of the Admiral, and in performing the last judicial act of his sitting—to wit, passing sentence of death upon the unhappy son of a dear friend—the shock caused the bursting of a blood vessel, and he died in his chair. Of course, this melancholy circumstance caused an indefinite postponement, and as there seemed a kind of fatality attending the prosecution of the matter she was loath to undertake it again, and as other sorrows soon after followed, plunging her into deeper grief, she abandoned the contest altogether, as she was not in need of the estates, having a good property of her own in America. Where the papers are I do not know. As the widow of the Chief Justice was the sister of the usurper, it is possible they were given to him, and, if so, soon to the flames. Some few years subsequently he visited my mother and proposed a compromise, offering to settle upon her one thousand pounds per annum for a quit claim. She indignantly ordered him to be gone, and never again dare to insult her in such manner. During the interval after the death of her friend the Chief Justice, she had become the wife of Captain Alexander Cameron, then stationed in Canada, who was taken from her by death, leaving her a widow with one son, and thus overpowered by continued sorrows, she declined to prosecute her claim any further. The foregoing, as appended to a biography of the writer, is, undoubtedly, extraneous, if not irrelevent. I give it as a romantic circumstance, calculated to interest the American reader much more than the tame commonplace recital of the writer's experience, and much pleasanter writing to him. Responding to the obligation of writing a smattering of the writer's acts and doings. My parents were prominent citizens of Savannah, Georgia. I was the youngest of four children, three boys and one daughter. After the death of my father, which occurred in 1829, my mother, then being reduced in fortune, was induced to remove with her children to New Orleans, by her uncle and former guardian, General D. B. Morgan. My eldest brother, the late Colonel William M. Smith, and founder of the town of Martinez, having run away to sea to get rid of the pedagogues, they being too much of the Teddy O'Rourke kind to suit his temper, and, although he subsequently became a man of culture and refinement, it was acquired by his own exertions as responsive to the calls of a brilliant natural intellect. He was a boy of courage, wit and pride, and a favorite with his schoolmates, but was termed a "bad boy" by teachers—and, as such, was the recipient of hardships only, which he invariably returned in evil tricks upon the master, and instead of learning, hated books and schoolmasters in particular. My brother, Wm. M. Smith, having been an early pioneer of California, and founder of the town of Martinez, is entitled to more than a passing notice. The family resided in New Orleans in reduced, though fair circumstances; from there my brother James and I were sent north to school, in the Summer of 1833, and having been informed that the little town of Stonington, Connecticut, possessed a fine academy, a healthy climate, and good Puritan morals, and, as New Orleans, in 1833, was a bad place for boys, with its mixed population of American, French, Spanish, quadroon and negro, (Anglo-Saxons, Celtic and Teutonic races being classed collectively as Americans), there was a continued war of races kept up between the boys, the Americans, (Irish, etc.,) on the one hand, and the French, negroes, etc., on the other; many were the glorious victories won over the combined forces of the enemy. Neither Generals Grant nor R. E. Lee could claim higher credit than we awarded to our gallant Captain "Jim Connolly." Ned Warfield was First Lieutenant, my brother James was Second—of course, your humble servant was a junior in the ranks. We were not hoodlums, but patriots, engaged in maintaining the superior qualities of our race in a contest with numbers. The gens d' armes, or police, being French, we regarded them as enemies, and, when in force, attacked them fearlessly—a war of races existed, and the boy who shirked duty was disgraced. Hence, the moral atmosphere of the little Yankee town was considered necessary as a wholesome antidote to the mental poison of that turbulent city. We were duly shipped on the brig Citizen, and consigned to Old Kirby, the Irish principal and proprietor of the Stonington Academy. My brother James, being three years older than I, refused to submit to Kirby's petty tyranny, and ran away and shipped to sea, leaving me alone at the age of twelve in that far-distant place, a complete slave, under a miserable tyrant. The people of the little town gave me the kindest sympathy. The little southern boy was especially invited to all child-parties, among the highest families, as a kind of compensation for Kirby's cruelty. Having succeeded, through the aid of a school-fellow, in informing my mother of the facts, (Kirby having withheld and destroyed my letters), I was immediately removed to the Lawrenceville High School, in the State of New Jersey, with Rev. A. H. Phillips as principal, and at which school I remained till the Fall of 1835, at which time I returned south. While, during the nine months under Old Kirby, I had absorbed a little of the rudiments of education—yet to the Rev. A. H. Phillips I am indebted for what little I ever received from schools. Kirby governed by the rod, and in the true Teddy O'Rourke style—if the mind wouldn't mark, faith he'd soon mark the back—and as I could not stand his flogging, nor be a family "flunkey" at his house, we were in constant warfare, and instead of being morally or intellectually improved, he graduated me as a first-class hater of all Yankee one-eyed-Irish schoolmasters. Evidently my frequent battles with the old tyrant enlisted the sympathy of the townspeople, for my grateful memory recurs to and treasures many incidents of their noble kindness to the little stranger. By contrast, allow me to return to the noble Phillips, and his gentlemanly tutors, at the Lawrenceville High School. Boys were taught to be gentlemen, and, as such, held to a strict responsibility—corporal punishment being the last resort, only prior to expulsion and eternal disgrace. The result of such treatment, (in lieu of the code of Old Kirby, as practiced by him under the "Puritanical system of Connecticut,") was the development of all the best elements of character—the intellect was stimulated and cultivated by the best of teachers, and the deportment of a gentleman being always required in the intercourse between pupils as well as with the teachers, who were companions as well as teachers. In closing this subject, I must say that my practical experience of the New England system of education under "Kirby" at the Stonington Academy is not favorable, but, to the contrary, a damning record of the brutality of a prominent pedagogue, practiced in full knowledge of the people of that Godly and moral town upon a helpless child of one of the best families of the South, out of hearing and reach of his people, and for no other cause than refusing to be the house "flunkey" after school hours of the tyrant to whose care he was entrusted, through the influence of New England friends residing in New Orleans. The reader must not infer from the foregoing that I was by nature a "bad boy." To the contrary, I was kind and tractable, and not rebellious, except when glaring injustice aroused the natural spirit of my race. At Lawrenceville, under the noble Phillips, all the good elements of nature were cultivated; and reviewing the course of my early life, cast at the age of seventeen amidst the wild excitements of border life on the frontiers of Texas, I feel that to my friend Phillips I am largely indebted for those sound principles of true honor inculcated into my mind, acting as a chart of guidance through all the temptations of a varied life, exposed to the allurements of gilded vice of every form, when suffering under the usual poverty and want incidental to the adventurous youth. So much for the two styles of educating. Under Kirby's training, my Texan experience, in spite of a certain pride of blood inherited from my ancestry, would no doubt have inclined me to the bad—"for as the twig is bent the tree's inclined." Returning South, I joined my mother in Mobile, the family having removed from New Orleans. I remained there and at New Orleans till the Spring of 1839, at which time I arrived in Houston, Texas. Having been self-supporting after leaving school, I considered that to make a fortune it was only necessary to get to Texas, where I could soon be able to provide bountifully for my dear old mother, whose income had been reduced by successive misfortunes to a bare living. Full of hope, I sought employment in Houston, and, like the generality of foolish boys, got rid of my stock of money quite rapidly, till I found myself at the bed-rock with barely the color, when I attracted the attention of a noble gentleman, by name of Bancroft, through whose influence I found employment at a small salary in the office of the County Clerk. Soon tiring of the monotonous work of copying dry writs of law, etc., I secured a place more to my liking with a brilliant young merchant (Jno. W. Pitkin), where I remained only a short time, for, unfortunately, Norval-like, "I had heard of battles," and I "longed to follow to the field some warlike lord." And Heaven soon granted, etc., for that warlike lord, under name of Captain Willson, appeared in Houston with a company of volunteers recruited principally in Galveston and destined to the frontiers to fight the Comanche Indians and anything else worth fighting. The temptation was too strong, and away I went as a bold soldier boy, mounted on a gallant mustang, as volunteer in the service of the Republic of Texas. We started out about the 1st of September, 1839, marching direct to the frontier. At San Antonio, Col. Carnes took the chief command, and after adding to our squad a band of scouts and a company of surveyors, under young Jack Hays (now our old Col. Jack of Alameda county), we boldly advanced into the heart of the Indian country. The Comanches, at that time, were the most powerful and war-like tribe of the western plains, but with Carnes, the most celebrated Indian fighter on the frontier, as our leader, we had no doubt of a successful campaign. The redoubtable Capt. Willson, of our squad, possessed a monstrous knife, it was intended as an improvement on Jim Bowie's knife, being larger and curved like a Moorish scimiter—I mention the knife because it was of more importance than the owner, and calculated, from its dimensions and bright brass scabbard, to give the owner a character of blood-thirstiness sought after by every bombastic coward since the days of old Jack Falstaff —seeing him with such a knife at the head of his command, and as he flourished it before the admiring gaze of his company, it is no wonder that in my eighteenth year, I selected him as leader to the field of glory. Carnes led us to the Indians on the waters of San Saba, a tributary of the Colorado. We killed some Indians; got from them forty-seven horses and mules, and after locating some Texas land scrip on what was supposed to be rich mineral lands, returned to the settlements. The most remarkable incident of the campaign was the killing of a "dead" Indian by our gallant Captain with his celebrated knife. We attacked the Indians in the early dawn of a drizzly morning, and as there were scarcely Indians enough to go round we soon finished up killing all but two or three, out of a war-party of twenty-four, led by the noted chief Isawakanee, which had just left the main body for an independent foray on the settlements below. In the grey of the twilight, after the scrimmage was about over, as I was returning to the Indian camp, a voice cried out, "Shoot that damn'd Indian over there; he is showering us with arrows." Two of us shot him, I think Col. Jack Hays and myself—he was down with a broken thigh; our bullets broke his arm and entered his body at the breast—he cried out in Spanish, after falling against some bushes: "don't kill me, I want to talk." As Col. Carnes, with others, advanced to hear him, not dreaming of danger from a man with only one available arm and leg, and a ball through his vitals, he noticed the bow at the feet of the Indian, when whiz came an arrow directed at his head. Knowing Carnes by his "red head" this chief had often tried to kill him, as the worst foe of the Comanches, and now with death upon him he hoped to accomplish it, and thus go to the Indian heavens with glory. But Carnes, ever watchful of a Comanche, saw the movement and dodged the arrow. With only one leg and arm available, he caught his bow with his toes, and with the agonies of death upon him fixed and pointed the arrow at his mortal foe. Excited by the treachery, Carnes cried, "Kill him!" etc., and the Indian was riddled with bullets, and fell back a corpse. Of course we admired the game and pluck of the Indian, and would liked to have saved him, but a Comanche seldom gives, and never asks quarter—he died as he had lived, the implacable foe of the white man. There was a kind of sympathy for the dead redskin among the boys present, but our gallant Captain appearing at the close of the action with his famous knife, and perceiving the conspicuous corpse, fell upon it with murderous blows, and fleshed his glorious knife in the body of an Indian—as dead as a door nail. Learning, from a Mexican prisoner held by the Indians as a slave and mortally wounded, that there was a large body—some five thousand or more—of Indians within a few miles of us, and as one had escaped on horseback, Carnes ordered an immediate return to San Antonio, which was done, Captain Willson being the only one of the company who had acquired a notoriety—he "killed the dead Indian." After returning to San Antonio, I joined a party bound to Mexico to take part in the struggle for independence of the people of the northern part of that country, comprising the States of Cohuila, Nueva Leon, Tamaulipas and Chihuahua, then marshaling their forces against the Central Government. With about two hundred and thirty Texans, under the command of Colonel Jourdan, we were associated with from five hundred to one thousand Mexicans and Indians, resembling very much Falstaff s motley crowd of ragamuffins—better skilled in stealing than fighting. Interspersed with the Mexicans were a few old soldiers, but the mass was composed of vaqueros, Leperos and Mescalero Apaches—all first-rate soldiers on "retreat," either before or after the enemy; the two hundred and thirty Texans being allowed to do the fighting. General Canales was chief in command of the Federal forces—as our fellows were termed—and General Arista chief of the Central forces. The object of the Federals—as the Revolutionists termed themselves—was to restore to the several States the original sovereignty guaranteed by the Mexican Constitution of 1824, which had been changed to a Central Directory by General Santa Anna, and continued by Bustamenta, then President of Mexico, regardless of the Constitutional rights of the States. The Revolutionists, however, soon changed their plans, and declared for an independent Republic, comprising the four States mentioned, with the name of "Republica del Rio Grande," electing one "Vedauri" as President. Like all revolutions of that unstable people, the leaders, after continuing a lively campaign for several months, Judas-like sold out to the Central Power for their thirty or more pieces of silver, and the poor Texans were compelled to fight their way back to the Rio Grande and into Texas, wiser if not richer men. There had been two attempts on the part of our patriot friends to deliver us over to the tender mercies of the Centrals, one at the city of Monterey on the 1st of January, 1840, and another at the town of Morales. Soon thereafter, at Monterey, I was informed that the price for which we were to be delivered was an ounce or doubloon per head. I never knew the price at Morales. As we were not parties to the contract, we fought our way out of the country, fully satisfied with our experience of Mexican patriotism. Of the many little fights of the campaign, the desperate valor of the Texans was always successful. The capture of a battery of four pieces loaded to the muzzle with canister, near the town of Mier on the Rio Grande, was one of the most gallant charges in modern history. Two hundred and twenty-five men charged a battery of four pieces, supported by six hundred of the flower of the Central troops. As they advanced in the open plain they were met with a shower of canister, at about two hundred yards distance, but falling to their faces at the first smoke of the priming, the discharge was measurably harmless. Rising to their feet, they dashed forward with the old Texan yell, shot down the artillery men from the already reloaded guns, turned them upon the six hundred then in mass and in close range, when up went the white flag. We had more prisoners than we could guard, so had to send for our Mexicans to come from the far rear to take care of the prisoners. An amusing incident occurred in the beginning of this action: There were in our mongrel crowd of patriots about two hundred Mescalero Apaches, and, to make them available, Colonel Switzer, one of our men, was detailed to lead them against the enemy. Switzer gallantly advanced his command, but receiving a harmless volley at long range, every Indian deserted him, and, as they swept by us, every breach-clout fluttering in the breeze, at a two-forty trot, the Colonel followed on his white horse, crying, "Avancen ! Avancen!" being all the Spanish he knew. They continued to advance, but in the wrong direction to suit the Colonel, and as they dashed into the thickets and gulches, the disgusted Colonel gave up the chase of his flying soldiers, and dismounting, rejoined his old comrades in the front, and, in the subsequent charges, proved that there was one gallant man left of his regiment. Though the famous Apache appears to make a success of fighting Uncle Sam's Regulars in Arizona, his reputation with us was that of a first-class coward. Returning to Texas without glory or money, I made my way to Houston with one companion. In Victoria, on the Guadaloupe, a friend gave us a three-dollar Texas red-back, worth twenty-five cents on the dollar; with that we had to cross three ferries and make a distance of over two hundred and fifty miles through a wet, flat country. Being too proud to beg or steal, and having given my trusty rifle to a friend on the Mexican frontier, reserving my side arms only, and my companion having a Mexican scopet, or short musket, to scare off Indians only, and unfit for use, as it had no flint, we could kill no game; we consequently traveled like General Hardee's soldiers—by doubling distance at half rations. The route was full of amusing incidents, but in crossing the last ferry (a ferry was our bete noir), at the town of Richmond, on the banks of the Brazos, we feared trouble. The banks were too miry to allow our mules to reach the water for swimming, and a mule is a bad swimmer. We were told that "our kind" would be required to pay in advance, and, as we had no money, the situation was desperate. We were within forty miles of home, and the river must be crossed. I boldly called the ferry-man from the opposite bank. He was one of those trustworthy ancient privileged negroes of the olden time, known far and wide as "Old Cain," and fearing his scrutiny of our shabby plight, I allowed him no time to consider, assuming a patronizing manner in hurrying him off with his boat, plied him with a constant stream of questions, allowing scarcely time to answer till we were on the other side, when, on leaving the boat I said to him: "Uncle, I'll return soon and pay you this ferriage." He replied in a dejected tone, "Dat's wat dey all tells me," and dropping his head and looking at me from the corner of his eye, accompanying his words with the motion of his head. " I does spize dese poh white folks." Being amused instead of insulted, I passed out. A few days thereafter I had occasion to cross his ferry again. My old employer, John W. Pitkin, of Houston, welcomed me back, and after the barber and tailor had finished with me, sent me to Richmond and vicinity to purchase several crops of cotton from the adjacent planters, my judgment of that staple being first-class. Mounted on the magnificent thoroughbred of my employer, with all the barber and tailor could do for me, I appeared at the ferry of the redoubtable Cain. In the most polite and obsequious manner, the apron of the flat was arranged to admit my entrance; after crossing I drew out my pocket-book, displaying a large roll of bills, and desired to know what was due him—"one dollar, sah," with his hand to his hat. "But I owe you for two ferriages more." "Isn't you mistaken, marssa? I never seed you afore." "I'll remind you: I was riding a handsome brown mule, my companion a white one) and when I proposed to pay the ferriage on my return, your reply was that you "despised poor white folks." "I declar to God it warn't dis nigger; I nebber talked dat way to a gentleman, in my life. 'Twas some odder nigger, shoh. I can't take dat money, marssa; let dat miserable nigger get it hisself. You owes me de one dollar, and no mo. I never seed you afore!" Almost bursting with a desire to laugh, I pretended to believe him, and paid the one dollar only. So much for appearances. My friend, Pitkin, the following year, closed his business in Texas, and not finding employment to my taste in Houston, and having acquired strong relish for the sports and excitements of country, and frontier life in particular, I began a roving existence in search of fortune and pleasure over the lovely praries of Texas—the "Beautiful," as its name signifies in the Indian tongue. In the latter part of 1842, after having disposed of a good deal of the "wild oats" of young manhood, the fortune still non est, and the pleasures very much mixed with pain, I found myself among strangers, "dead flat broke," and just recovering from a severe attack of malarial fever. Too proud to loaf on the generosity of the country people, and unwilling to write home for help, and thus confess my poverty, I concluded to attempt the art of agriculture as the only field of progress open to my enterprise and capital, and as "he who by the plow would thrive, himself must either hold or drive," I began operations in my new sphere as captain, or navigator, of a pair of Texas steers attached to a plow. I had learned to steer a boat and also to manage a pair of carriage horses, but the most difficult task I ever undertook was to make a success of this last institution. The oxen appeared to recognize a "greeny" at the helm, and were in a constant state of mutiny; the plow would plunge to the beam, then porpoise like, rise to the surface and skye to the right, then to the left, and had it not been for the natural combativeness and pluck of the captain, the first lesson in agriculture would have ended in a failure. But as perseverentia vincit omnia, I finally graduated as an agriculturalist, and especially as a manager of the Texas steer, through whose aid (five or six yoke of them attached to a prairie "schooner") I ascended from the bed-rock of poverty and misery to the position of a respectable merchant. In December, 1848, I married my first wife, then Miss Adeline Bramlette Durham, the fourth daughter of Colonel Thomas Durham, the seventh son of John Durham, of Chappel Hill, North Carolina, and Elenora Thompson, the only daughter of William Thompson and Mary Jane McMullen, of same place. Colonel Durham was a representative man in the early settlement of Durhamville, Tennessee, Lexington, Mississippi, and subsequently Central and Western Texas. The varied and exciting history of my Texas life would make a fair romance; but as history and not romance is the object of this writing, I will state that in the Spring of 1850, with my young wife, I left Texas for California, arriving in San Francisco on the steamer Tennessee, on the 20th of June. There were many incidents of the trip from New York via Panama, illustrating the grand rush for the gold fields of California, and the trials and tribulations of that first lot of twenty modest and respectable ladies, some with their husbands and the rest under escort of friends coming to join their husbands who had preceded them. The passage from New York to Chagres, in the steamer Philadelphia, Captain Pierson, was a pleasant one, the monotony being broken by the putting in at Jamaica, for the purpose of landing Mrs. John McDougal, wife of the Governor of California, she being dangerously sick. The Pearl of the Antilles was then a Negro Heaven—all lately enfranchized and above work. The plantain trees and fish of the bay furnished food, clothes in that warm climate being a superfluity, the free Negro really "surfeited" in the luxury of laziness. Arriving at the bay of Chagres, the sea being rough it was a trying time for ladies to disembark, leaping from the ladder at the ship's side to the small boat, and into the arms of strong men prepared to catch them as the rising wave lifted the boat to the ladder, receiving each one a genuine hug, as she fell into the arms of her catcher, no doubt beneficial to those wives coming to meet husbands and so long deprived of a good manly hug. Arriving at the town, their modesty was shocked by the necessity of huddling with the crowd in the temporary hotels, or shelters improvised for men only, as lady passengers had been few up to that date. The private rooms for our ladies of these hotels were eight-by-ten spaces, on a common floor, divided by partitions of thin muslin or "butter cloth," the doorway to each being a curtain of the same. This shock to the modesty of pure and refined women was only a precursor to the trials of the river trip of three or four days, in dug-outs, with native negroes as oarsmen, in the garb of Father Adam, without so much as a fig leaf covering. Such being the circumstances, each and every one of the male passengers, from the roughest to the most refined, appeared to vie with each other in delicate sympathy, rendering every possible protection to them which could have been given to their own pure mothers and sisters. My party, consisting of my wife, then nineteen years of age, my friend, James F. Quinn, and a negro man-servant, fared somewhat better. After inspecting the room at the hotel, and leaving my wife under the guardianship of the gallant Major Chase, the veteran of Chapultepec fame, I started out to look for better quarters, when, with much joy, I learned that my cousin, Captain David B. Morgan, with his steamer, the Telegraph, was moored in the river above the town. We lost no time in getting aboard his ship. Abandoned by his crew, he was keeping ship with only a cockswain and two negro boys. After remaining with him two or three days, he kindly loaned me his yawl, or gig, and the cockswain having agreed to manage the boat, procured the services of two native oarsmen, and thus we ascended to Gorgona, the natives being persuaded by the muzzle of a pistol to keep their "calsoniz," or drawers, on in the presence of ladies. Through a letter of introduction to the Alcalde of Gorgona, from my brother, (the late Col. Wm. M. Smith), I readily procured a full equipment of horses, mules and peons, for the passage over the summit to Panama. After passing the summit, in advance of our baggage, we stopped at a canvas hotel for lunch and rest; there we were told that a state of war existed between the natives and Americans at Panama, and that the natives, having been repulsed at the city walls the day before with the loss of several of their number, were mustering in force for another attack on the city. This, of course, was alarming, but not liking the looks of the landlord and his crew of New York roughs, Quinn and I concluded there was less danger in running the blockade through the native negroes, than trusting to our own countrymen of that stripe. Arriving at the outskirts of Panama, we came upon a dense pack of some three hundred mixed bloods and negroes being harangued by a tall negro apparently under great excitement, but having determined that there was less danger in forcing a passage than retreating, each of us having had some experience in fighting the warriors of Mexico, we dashed forward at a quick gallop, my wife and I in advance, Quinn next, and the colored servant in the close rear! We were then inclosed in a kind of street-way, between huts, and close up to the pack of natives. The danger was imminent, but the guarded wall of the city was in sight. My wife, mounted on a splendid animal and accustomed to the saddle, was directed to go for the gate, regardless of what might occur to the rest of the party, and to sit close to the saddle, as I expected to shoot a lane through them. At our approach the crowd opened a lane of about ten feet, but the orator and captain planted himself across the center, facing us, apparently intending to stop us. Cautioning my wife to hold her seat, I spurred a little forward, with pistol cocked, but concealed at my side, and when about to shoot him at the front of her horse, he stepped to one side, exclaiming, "Ah que boneta y tan galan!" (oh, how pretty and so gallant)—and we swept by, unmolested, to enter the gates and receive the hearty congratulations of our people inside at our lucky escape. Ladies, crossing the Isthmus at that time, were either transported in chairs on the backs of sturdy natives, or sat astride of the gentle mule or horse, led by a native on foot. To the contrast of all this, our "lady," with youth and a fair share of beauty, with proper riding-habit, and a gay feather in her hat, in side-saddle, on a splendid animal which she gracefully sat and controlled, was a thing of beauty, which caused the gallantry of the man to overcome his combativeness for the moment. She was the first lady to cross the Isthmus in the proper style of her countrywomen, and to that circumstance only we considered our safe passage due. There was some little skirmishing that night—the Americans, with the local police, guarding the walls through the night. On the first of June we waded to the boats, some hundred yards from the beach, and were transported to the steamer Tennessee, off Toboga island. An incident at Acapulco on the way up where the ship stopped to coal, was a famous "mule race," in which some of California's prominent men figured as first-class jockeys, proving, as of old, that "the race is not always to the swift." Charlie Fairfax, Bob Post and Sam Dwinelle, wandering in the outskirts of the town, fastened on a pair of mules and immediately began racing; Charlie's mule, though much the fastest, would invariably fly the track, and being summoned by the trio to aid with counsel, I agreed with them that the slow mule would undoubtedly prove the fastest. So a race was declared, and the sporting passengers of the steamer repaired to the track to bet on the race between Bob Post and Charlie Fairfax. As expected, Charlie's mule was the favorite, but the insiders, believing in true Christian faith, that "the battle is not always to the strong, nor the race to the swift," in meekness of spirit accommodated the friends of the fast mule by taking all the bets offered. The mules were started, and in spite of Charlie's desperate efforts, the fast mule came near winning, and if the outcome judges had not closed in a little would have come out not only ahead, but the winner of the race, to the chagrin of the insiders. But after a furious squabble another race was ordered, in which the fast mule vindicated his true character by dashing squarely out into the chapparal and leaving the race and stakes to Bob and the slow mule. Of course, Charlie was accused of throwing the race, which was indignantly repelled. We won the stakes, were all denounced as a pack of frauds, and accused of playing on the innocents. After remaining in San Francisco a day or two, which looked much like the camping ground of an army, with white tents covering the surface where now its finest edifices are erected, we embarked on the sloop Sweetheart for Martinez, the expectant city of the Straits, where we were kindly received by Aug. Van Horn Ellis, the agent and town clerk of the embryo city, he kindly yielding to myself and wife his comfortable quarters adjoining his office, taking our meals at the Hotel de Steward, kept by a colored man and retired ship's cook by name of William Jones. Steward furnished his table bountifully with hard-tack, pork, beans and beef; potatoes, onions and vegetables were not then provided to any extent in Contra Costa county, and consequently were a rare luxury in the early history of Martinez. The population was truly a mixed one, the Nantucketers and Pikers being in the ascendency, and though as totally different in habits, customs and vernacular as is possible for people of one common country to be, yet as harmonious as doves, the Pikers furnishing their aristocracy with the titles of Squires, Judges and Colonels, while the Nantucketers were nearly all Captains—a preference for "flapjacks and bacon" on the part of the former, and "hard-tack and codfish" that of the latter, being the principal distinction. The public institutions were the aforesaid Hotel de Steward; two stores, one kept by J. C. Boorham, and the other by Theodore Kohler; the Alcalde's office, presided over by Thomas A. Brown, with Nathaniel Jones as Alguazil or Sheriff; and the ferry scow, commanded by Judge Hunsaker. Benicia, on the opposite shore, was another embryo city, already possessing a good start, with the United States navy yard, barracks and customhouse, and with the machine shops, dry docks and iron foundry, to be erected by the Pacific Mail Company at Fisherman's Cove, on the Martinez side, the ground having been tendered by Colonel William M. Smith and accepted by Captain Stout, the agent of the company. As the selected site was not included in the survey of the town, and Colonel Smith having neglected to procure a quit claim from the heirs to the company for the then comparatively worthless tract of thirty acres of wild, rough land, and during his absence to the Atlantic States some of the heirs, prompted by feelings of jealousy towards Smith, refused to make the title as agreed upon, except at an exorbitant and unreasonable price, Stout, having in the meantime received favorable overtures from the people of the Benicia side, immediately began the erection of the Pacific works on that shore—eventually abandoned by the company, the tule land proving unfit for heavy structures. Thus for the stupid jealously of some of the Pinole heirs, Smith's pet town, in which they were jointly interested, after a few spasmodic struggles declined into a "Rip Van Winkle sleep" until awakened by the snort of the "Iron Horse" to a contemplation of what Martinez, with its proximity to the mines, might have been under the attracting influence of the wharves, dry docks, foundries and machine shops of the company, drawing to it, if only for repairs, the whole commercial fleet of the Pacific. Happening with my brother at the office of the company in New York, April 15, 1850, when the change of locality and cause was explained, with intense disgust at his co-owners in Pinole Ranch, he exclaimed, " d—n them, they have blasted the hopes of the town and my work is lost." Continuing my personal narrative, my destination being "Pinole," the home of my brother, we soon took horses and left Martinez, and after a romantic and pleasant ride in the midst of a gay cavalcade, consisting of some American friends and the gaily dressed retainers of Don Vicente Martinez on fine horses, all richly caparisoned with gold and silver mounted trappings, and the females of the family ensconced in the peculiar carriage of the country—yclept "Correton" or "Dobie Cart"—we duly arrived at the residence of my brother in Pinole, where we were kindly welcomed by his wife, the leading lady of that once proud and happy family of native aristocracy (the Martinez and Castros being the most refined and wealthiest families of the upper district of the Contra Costa). How different now is the status of the remnants of those once proud and imperious families, with their wealth of domain comprising half the area of the county, with cattle and horses in immense numbers covering the thousand hills and valleys. The contact and contest with the Anglo-Saxon race for thirty-two years, leaves them mere beggars at their own threshold, now the property of the stranger. The product of the gold placers being wonderful, I was anxious to try my fortune with the rest, but my brother having arrived from the East, on the July steamer, prevailed upon me to settle down as a rancher. I thereupon began fixing up for my family, on what was then called the "Ward and Smith League" of the Sobrante, now known as the old Smith ranch of San Pablo creek. Having hired several American farmers and sailors, at the monthly wages of seventy-five dollars, I soon had some shanties erected, a field fenced, and good corrals built for the stock, and after the rains began, started some plows to turning over the virgin soil for the future crops. My eldest son, William Quinn Smith, was born at the Pinole ranch on the 11th of December, 1850. The mother having passed the Winter at my brothers house, returning to the new ranch, after the Spring rains were over, with her young babe. With five hundred head of cattle, one hundred head of horses, a league of land, a young wife and baby boy, under a good shelter, with a cultivated field of barley wheat, corn and vegetables, I was as happy as a lord. My nearest neighbor, some three miles distant, on the only wagon road out to Martinez, was Squire Elam Brown—the Patriarch of his settlement, who still lives honored and loved by all of his old acquaintances, as a true type of "God's noblest work." I remained on this ranch for two years, where, as a kind of outpost of the inner settlements, I was continually battling with the grizzly bears and marauding caballeros, not yet reconciled to the Gringo. While riding into Martinez one day alone, I saw two of these caballeros approaching at a gallop. One of them began preparing his riata, evidently with the intention of throwing it over me in passing and jerking me from the saddle with deadly force. Perceiving his intention, I reined out about twelve feet, holding my cocked revolver under my Talma cloak, and continued to meet them. Instead of reining out to pitch the riata with one quick motion, or whirling it to reach me, he muttered "Caramba!" and dropped the coil in the road. As he did that I remarked, "Bien echo armigo," and returned my revolver to the holster at my side as we passed each other, The lasso or riata was more dangerous in skillful hands than firearms, and had I not been skilled in its use through my Texan and Mexican experience, and thus able to detect the intention in his movements of preparation to throw, I would no doubt have been instantly killed by the jerk to the ground. My playful friends were Joaquin Murietta and Three-fingered Jack, his lieutenant, desiring a little playful practice on a "Maldito Gringo." Being twelve or more feet distant, requiring a whirl of his riata to reach me with certainty, his prudence saved his life when he threw down his rope— being as certain with my revolver, from long practice, as he with his rope. Those playful tricks were quite common in the early settlement of California. It must not be understood that the native Californians of this county were of the above description; to the contrary, they were kind and generous in the extreme to the way-worn pioneer seeking a home. Removing to the Bull Head ranch near Martinez, in the Fall of 1852, where I engaged in farming on a small scale, and stock raising, having reconveyed my interest in the Sobrante to my brother, who was then suffering under severe financial difficulties, I began another start by investing in gentle cows and hogs—the former at one hundred and fifty dollars per head, and the latter at fifty cents per pound, with poultry rating at from fifteen to twenty dollars per dozen. I soon had the tules stocked with hogs at heavy cost, expecting a small fortune in profits. But as the " best laid schemes of men and mice, gang aft agley," ship after ship arrived from the Pacific islands, laden with that peculiar breed of hogs known as ''razor blades," or "wind-splitters," and down went the price through excess of importation, below cost of production. I closed out those most convenient at two cents per pound, the remainder and larger portion being given their independence in the tules. Speculations in lumber, nails, tobacco, whisky, etc., frequently brought ruin instead of fortune to their unfortunate owners, and to show the fickleness of the times, flour had been held at fifty dollars per barrel, during the time of '51-'2, with many other articles of daily necessity in like proportion, depending upon the supply at hand. In the Fall of 1853, the county, having become thoroughly populated by an intelligent people settled upon almost every available one hundred and sixty acres of the surface, with schools, churches and established law in full progress, I was elected to the office of Sheriff, with its emoluments, and especially with all its resposibilities. As custodian of the lives and property of the law-abiding citizens of my county, in their struggle with the murderous thieving element then surrounding us, I was fully taxed for all the executive force of my nature, to give them the protection of our laws. There was another force spasmodically rising among the honest and brave settlers of the county, still more dangerous than the murderers and theives constantly prowling around. It was the "mob spirit," or "lynching mania," often rendered necessary through inefficiency of law in early days. In all my experience the most trying and dangerous position in which I was ever cast was that of maintaining the majesty of "civil law" against the votaries of Judge Lynch, maddened by excitement, attempting to override and crush out the most sacred rights of man, guaranteed by that grand code of jurisprudence and proud boast of the Anglo-Saxon. When interposing between his own respected friends and neighbors in protecting the prisoner of the law, to be forced to drop the muzzle of his pistol covering the face of his nearest advancing friend, crazed with temporary madness, is the most terrible ordeal of an officer. It is to do, or not to do, in an atom of time, for stern duty forces action, and the feelings of the man must yield to the necessities of the occasion. Enjoying in a high degree the confidence and respect of my fellow-citizens, and having on several occasions succeeded, through a little firmness and tact, in holding this turbulent spirit subservient to law, it was my misfortune only once to be placed in the above described position: It was in Martinez, in 1854. Some several prisoners broke jail, three of them held for and one sentenced for a horrible murder, and a common horse-thief or two. The excitement had been intense. I was continually alarmed by reports of the organizing of lynchers from the home of the victim, on the San Joaquin, and from the then notorious mob element of the Redwoods. The town element was held moderately quiet, through the influence of the best citizens exerting themselves in behalf of the civil law, at my special request, when the horrifying, panicky cry of "The murderers are out!" fell upon my ear. Rushing to the scene, and after capturing and returning the nearest to the jail, two of them (one being the condemned man) being snugly hidden and thus causing a delay in the search, a large crowd had assembled, and rushing upon me in a state of frenzy, crying: "Hang them!" "Ropes!" etc., etc. Being at the bank of the creek, with my hand on the sentenced man, I could feel him shudder at the sight of the surging mass in front (though afterwards, at his execution, exhibiting a wonderful coolness.) Warning them, over the pistol barrel, the sight of a good honest face in front of the muzzle almost staggered me into cowardice, when just beyond, in the line of range, I discovered the tall head of a noted mob leader and would-be desperado who had refused to aid me in upholding the law, and who had provoked me to the utterance, "that finding you in any crowd interfering with me in the discharge of my duty, I shall select you as the leader, and if my right arm fails me," etc., etc. With intense relief I raised the level to his head, and, as he caught my eye, he cried out: "As the Sheriffs got them, boys, let the law take its course." With the advantage of this temporary check, and using the tact of calling them to my aid in guarding the prisoners but a few days, when we would execute them by law, and thus as good citizens they would escape the indelible stain of blood and the outrage of that law so necessary to their own safety. Men who had no fear for pistols listened to reason, and thus I was enabled to perform the crowning act of my sheriff's term. The men were returned to jail, and a few days thereafter the sentenced man was executed, in the presence of over two thousand quiet and contented citizens of the State from far and near. Nothing but the ordinary duties of the office occuring till the close of my term, and the old Whig party, of which I was a member, having collapsed, and declining membership with either the Democratic or Know-Nothing, the only two existing parties, and running without a party, and neglecting to canvass the county, to the surprise of my friends, I was beaten by the small majority of thirty-five votes, through a combination of the Know-Nothings with the Democrats. The following term, the fees of office having been reduced below what I thought commensurate with the value of the service required, I declined a tendered nomination of the Independents for Sheriff and accepted that of Assessor, to which I was triumphantly elected in 1857, with a majority over the Democrats and Know-Nothings combined. Having voted with the Democrats after the fall of the Whig party, in 1856, and aiding materially in the success of the former, I was tendered and accepted the position of First Assistant Engrossing Clerk to the State Senate, in 1856-57, and, believing myself a full-fledged Democrat, the following Fall I was induced to ask the nomination at their hands for County Clerk. Appearing at the threshold of the convention with a strong delegation, I found myself assailed by a large portion of my "new friends, but old political foes," with the epithet of "Whitewashed Whig" only coming into the party for office. Perceiving the probable effect upon the "unwashed" members, of this unfair stigma, I prudently retired, and the convention nominated undoubtedly a better clerk in the person of our present incumbent, L. C. Wittenmyer, whose only crime—"Linked with a thousand virtues"—was that of becoming a Republican. My family history goes back to 1854, when my dear and noble brother was carried to his grave at the early age of thirty-nine. Not only was he the founder of Martinez, but, as the partner of the firm of Ward & Smith, one of the founders of San Francisco's commercial greatness in 1847-48, as successors to Liedesdorf, of ante-bellum, fame. My old and truly venerated mother, after having joined her two remaining children in California died in February, 1857, revered and honored far and wide; cradled in the Revolution, and during her early and long widowhood the social drawing-room companion of Jefferson, Madison, Webster, Clay, Jackson, and other bright stars of America's galaxy of greatness—she was a living cyclopaedia of her country's history. Her memorable prophecy of the immediate future I can never forget, given immediately after the election of Buchanan, she solemnly said: "My son, this is your last Democratic President for a long period, and perhaps forever. Republicans will be the next, and Secession will follow, and may a kind God close my eyes ere I see that sad sight." After the close of my term as Assessor, having in the meantime removed to the country and again assumed the life of a quiet farmer, engaged in grain and stock raising, I have continued to follow this monotonous course of life, only broken by being called from home as a member of the commission appointed by the Court to partition the grand old Rancho de Pinole among the heirs, and as a Democratic candidate for Sheriff in 1871, when I was most ingloriously defeated by the Republican nominee, though running two hundred votes ahead of my ticket. My poor Spanish friends informed me that they were required to vote the entire Republican ticket without a scratch, in order to secure the promised "vienta reales," or two and one-half dollars. My patriotism being much diminished, I again retired to the shades of pastoral obscurity —high in health, though low in funds—yet rich in the possession of a true and loving wife, and as fine a family of girls and boys as can be shown by any other pioneer in the State. In concluding these pages, while clouds of misfortune have continually hovered over my financial progress, I have a right to claim a fair share in the development of the advanced civilization surrounding us. Having planted the seeds of progress upon what was considered a barren coast of the Pacific, we live to see them fructified within a few short years—their branches spreading, laden with the fruits of enterprise, challenging the admiration of the civilized world. Additional Comments: Extracted from: HISTORY OF CONTRA COSTA COUNTY, CALIFORNIA, INCLUDING ITS GEOGRAPHY, GEOLOGY, TOPOGRAPHY, CLIMATOGRAPHY AND DESCRIPTION; TOGETHER WITH A RECORD OF THE MEXICAN GRANTS; THE BEAR FLAG WAR; THE MOUNT DIABLO COAL FIELDS; THE EARLY HISTORY AND SETTLEMENT, COMPILED FROM THE MOST AUTHENTIC SOURCES; THE NAMES OF ORIGINAL SPANISH AND MEXICAN PIONEERS; FULL LEGISLATIVE HISTORY OF THE COUNTY; SEPARATE HISTORY OF EACH TOWNSHIP, SHOWING THE ADVANCE IN POPULATION AND AGRICULTURE; ALSO, Incidents of Pioneer Life; and Biographical Sketches OF EARLY AND PROMINENT SETTLERS AND REPRESENTATIVE MEN; AMD OF ITS TOWNS, VILLAGES, CHURCHES, SECRET SOCIETIES, ETC. ILLUSTRATED. SAN FRANCISCO: W. A. SLOCUM & CO., PUBLISHERS 1882. File at: http://files.usgwarchives.net/ca/contracosta/bios/smith49gbs.txt This file has been created by a form at http://www.genrecords.org/cafiles/ File size: 60.7 Kb