Author: dave

SUNDAY APRIL 13th

Very pleasent the past week on Friday maid a visit to our old home Stoutenburgh Placer and Sold our Cabin.            prepairation are being Made there for Extensive Operations this Summer a company of Frenchman are puting up an Enjin for the purpose of Pumping the upper part of the Flat dry.       and they work it out while another Company of Americans with Major Putney at their head have commenced Opperations at the Lower End as before Mentioned         I returned yesterday. (Wrote a letter to David & a note to Sister Elizabeth).

 

SUNDAY APR 20

Last Monday Tueasday & Wednesday were very Stormy days causing the Gulches and Ravines to flow freely affording the Miners a good Opportunity to wash Some of their dirt, which many have embraced and succeded in accumulating    Some nice Sums to no little Satisfaction to themselves

SUNDAY 27

Great Excitement in Camp   for 3 days in Succession the Americans and French at veriance.   Several Shot etc.  The French having discovered Some new digings on the Mountains near this place one or two of which proved very rich.  Some ill disposed Americans, regardless of all law or order went in to the richest Hole and Set about working it        this was on Tuesday Morning when the owners came they Ordered the intruders out but met a refusal      prety hard words and threts were passed and from that to Stones and finaly the Frenchman drew a Pistol and fired at the Man who first intruded but unfortunately Missed him and hit a young Man who had no part in the affair wounding him Severely in the Sholder.  the fight now commenced in earnest and became quite general         Stones flew in every direction wounding Some and disableing Some on both Sides          they now rushed to Arms            the french about one Hundred Stron formed in regular order and marched up to the Ston Correll, which they entered and prepaired for Battle . The Americans where enraged at this and determined to drive them from their fortification they accordingly formed (after choosing appropriate officers) in regular order for Battle in two Sepperate devision and Marched for the Correll   one devision to attact the rear while the other attacted the front, in Numbers about equal to that of the french. the french no sooner Saw this bold move than they jumped the walls and fled in great confusion leaving many of their Arms within the inclosure.               But they were not going to give it up So while the americans were engaged burning the french Camps they were gaining numbers very fast and next day Morn they made their appearance upon a nobouring hill in number about three hundred Stron armed to the teeth.     had they attacted the place amediately the consequence would have been Serious to the Americans.     but, an Armistice of two hours was obtained douring which time the Americans dispatched Expresses to the Nabouring town for assis­tance   in the Meantime Old Cosuth the Indian Chief arived with his wariers, having heard of the diffaculties he rallied his Men and Set out for this place amediately       leaveing his Men a Short distance from town he rode in on his hors to learn the truth of the affair which he no Sooner done than he gave one whoop which was answered by his tribe by runing in town full    Speed and took the Side of the Americans. By the time the two hours were expired the Americans were Sufficiently reinforced to cope with the opposeing party          a commity of Gentlemen were appointed at this period to draft certain resollutions, in order if posable to prevent any farther blood shed,      one Article in those resollutions demanded a Surrender of the french Arm into the hands of the Sherif Subject to his disposal this it was thought the french would not listen to and that a fight must ensue  but the french accepted the proposals of the Americans and as the Sun was Sinking in the west they Marched into town Surrendered their arms to the Sheriff after they where discharged in the air,               and the excitement began to subside gradualy although Several unruly Citicens were lout in their cries of disapprobation in regard to the pre­ ceedings of the Americans. they were for driving the french out of the Mines altogether,                 and it was with some considerable diffaculy that the better disposed portion of the community could restrain them from laying Violent Hands upon the french after they had Surrendered their arms. In the Articles drawn up by the commity before mentioned a provision was made for the young man that was Shot he being made thereby Sole posseser of the rich Hole (the cause of all the diffaculty). Also the second rich Hole was to defray the expences of those who were So prompt to assist the Americans. So the Matter Stands at present but fears are entertained that it is not fully Settled yet.

SUNDAY MAY 4th 1851

Made a trip to Stockton Mailed a letter for Charles Hand etc

SUNDAY MAY 25

Douring the past three weeks nothing of Much interest has occured with the Exception indeed of the distruction of San Francisco and Stockton by fire     I was at Stockton when it was consumed    Many lost the Earnings of what time they had been in Cali.fornia in two or three hours.  prices advanced somewhat after this unfortunate confligration for a Short time but Soon fell again.       on the 8th of this month recvd one letter from father and one from Miss M .D of L I             Mailed a letter for Father

SUNDAY JUNE 1 1851

Maid a trip to Stockton & San Francisco the past week.  Saw George Well & Hearty   Hired a Store at Stockton for which we have to pay 150 Dollars per Month

October 1st 1849 CONSTITUTION AND BY LAWS of the

NEW YORK and CALIFORNIAN EXCELSIOR MINING COMPANY

with which I entend to cooperate in the Gold regions

CONSTITUTION

Preamble not—–Article first. We the undersigned being desirous of conducting business upon a Mutual and permanent basis, to promote its Sucessful prosecution, and to ensure harmony and good order; do enact the following Constitution and by laws for our good government.

Art First-This Company Shall be knom as, and denominated the

NEW YORK And CALIFORNIAN EXCELSIOR MINING COMPANY

Art 2-This company shall consist of nine members Subject to an increase by a Majority Vote

Art 3-The Officers of this Company Shall consist of a President Secretary and two Treasurers, to be elected Monthly. the tenure of whose office, shall be comptency and a faithful discharge of the duties asigned them.

Art 4th-All the precious Metal: Money and other property accumulated or acquired by this Company (Barring private Property) Shall constitute a fund from which each member may draw one half of the nett profits of which his share shall entitle him, the remaining one half shall remain in the hands of the Company and shall constitute its Capital, on which to conduct business, untill such times as a dividend be declared, or the disolution of the Company shall become necessary

Art 5th-Each member shall Secure to himself his equal and undivided ratio of the joint Stock o:f the Company, and shall append his name to the Constitution and Laws.

Art 6th-A Majority of the members o:f this Company shall have pbwer to determine upon all Matters of policy, provided at lease two thirds of the Members be convened in council. Should this be impractable a Statement of the transactions together with evidence in justification shall be submitted at the first oportunity of the Company.

Art 7th-No person Shall be eligible to Membership in this Company who Shall have contracted Bodily disease in the prac­tice of licenticousness. Upon the detection of Such disease, upon any Member of this Company, he Shall be deemed guilty of having robbed the Company of his Most valuable Servises, and of being a enemy to the health and happiness of those whom he was in honor bound to respect: he Shall forfit to the Company his proportion of the profits which Shall accure during his inability to perform the proper duties asigned him: his Medical expences Shall be chargable to his private account: and if found to be intractable may be discounted from the company

Art 8th-If a Member be taken Sick, he Shall be properly cared for at the expence of the Company; and Shall be entitled to his full Share of the profits.  as when in possesion of Sound health, And in case of the death of any Member of the Company, (or otherwise) Shall be Scrupulously determined and transmited to his legal heirs or representatives: he Shall be buried with all the propriety and Solemnity of which the circumstances will admit. All the incidents relating to his Sickness and death, Manner and place of buriel Shall be. duly recorded by the Secretary.

Signed

BY LAWS

Article 1-It Shall be the duty of the President to preside over all councils for the transactions of business and main­ tain order therein: he Shall call a Meeting of the Company, at the request of two or more of its Members, and Shall be entitled to a voice in the disposition of affairs

Art 2-It Shall be the duty of the Secretary to keep a record of the proceedings of the Company to place on file all documents and to conduct the corespondence of the Company Subject to their approval.

Art 3-It Shall be the duty of the Treasurers to keep correct account in due form of all the receipts and expenditures of the Company: And to keep a personal account with each Member: They Shall hold the funds of the Company: Subject to an order from the Secretary endorsed by the President, they Shall at all times hold their Books open to the inspection of the Members of the Company.

Art 4th-Each Member Shall direct his best efforts for the promotion of the objects of the Company, and Shall deliver over to the Treasures, all the Gold or precious Metals he May Collect or property he may acquire in the Service .of the Company in the Common fund.

Art 5th-If any Member Shall be detected in Secreting or with holding any part of the property, Gold or precious Metals he May acquire, or in appropriating any part thereof to his own private use, he Shall forfeit his entire intrest in the Company, or Such a Share of the Same as a Majority of the Company May decide.

Art 6th-In case of difficulty and danger the Members Shall Mutualy Stand by and Support one another and it Shall be the duty of every Member to respect the private property and rights of others.

Art 7th-The Sabbath day Shall be observed as a day of rest by this Company, when not prevented by circumstances beyond our controll.               ·

Art 8th-All Gambling and gross immorality is Strictly pro­hibited; and if any Member Shall be found Gambling or in any otherwise doing inviolence to the Moral Sence of the Company. He Shall be admonished for the first offence, and upon a repetition thereof May be fined or expelled from the Company as a Majority of the Members Shall decide.

Art 9th-This Company Shall not be held liable for losses in any goods or adventures Made by any of the Members individualy.

Art 10th-If any Member Shall absent himself from the Company, for his own amusement: or engage in any other capasity except that for the interest of the Company, he Shall derive none of the profits accruing from the Company during his absence, and Shall pay for his board, while not in the Services of the Company.

Art 11th-Any action upon the part of Members of this Company, not Specified in the Constitution or Laws May be deemed offensive by a Majority of the Company, Shall be Subject to Such penalties as they in their judgment May deem proper to afix.

Art 12-No part of these articles Shall be altered, amended or anulled, unless by a two third Vote.

THE BANCROFT LIBRARY
BERKELEY, CALIFORNIA 94720

May 31, 1979

Mr. Frank S. Halsey
2630 Saklan Indian Drive No. 3
Walnut Creek, California 94595

Dear Mr. Halsey:

Please accept my sincere thanks, on behalf of The Bancroft Library, for the gift of the diary and journal kept by your grandfather , Isaac Sherwood Halsey. The diary, in which he recorded his voyage to Cali­fornia around the Horn in 1849 and his experiences mining, and the journal, in which he copied part of the diary and maintained a record of his mining activities, form outstanding additions to our collection of gold rush materials, and we are grateful, indeed, that you made the decision to place them here, in addition to the transcript which you had given us earlier. I know how hard it was to part with the treasured originals!

I am so pleased, too, that you were able to come to the Library, and that I had the opportunity to meet you and Mrs. Halsey.

We will take care of making photocopies of those pages you designated, and I will give you a call when they are ready.

With renewed thanks and best wishes,

Sincerely,

(Miss) Estelle Rebec

Head, Manuscripts Division

ER:ws