Page:History of California (Bancroft) volume 6.djvu/47

 MS., 16Q-1.

possible roadway  to  the  fort.®  Sutter  resolved  to lose  no  time  in  erecting  the  mill,  and  invited  Marshall to join  him  as  partner.*  The  agreement  was  signed in the  latter  part  of  August,^**  and  shortly  afterward Marshall set  out  with  his  party,  carrying  tools  and supplies on  Mexican  ox-carts,  and  driving  a  flock  of sheep  for  food. A week  was  occupied  by  the  journey.^^ Shelter being  the  first  thing  required  on  arrival,  a double  log  house  was  erected,  with  a  passage-way between the  two  parts,  distant  a  quarter  of  a  mile  or  ^ more from  the  mill  site.^^  Subsequently  two  other cabins were  constructed  nearer  the  site. By New- Year s  day  the  mill  frame  had  risen,  and  a  fortnight

18 miles,  and  could  be  rafted  the  rest  of  the  way. A missiou  Indian,  the alcalde of  the  Cosumnes,  is  said  to  have  been  sent  to  solve  some  doubts  con- cerning the site. Marshall must  indeed  have  been  well  disciplined. Not many men  of  his  temperament  would  have  permitted  an  Indian  to  verify  his doubted word.
 * Mjurehall estimated  that  even  then  the  lumber  would  have  to  be  hauled

to furnish  the  men  and  means,  while  Marshall  was  to  superintend  the  con- struction, and conduct  work  at  the  mill  after  its  completion. It is  difficult to determine  what  the  exact  terms  of  this  contract  were. Sutter merely  re- marks that he  gave  Marshall  an  interest  in  the  mill. Pers. Jiem., MS.,  160. Bidwell says  nothing  more  than  that  he  drew  up  the  agreement. Cal. I84i-S, Ills., 228. Marshall, in  his  communication  to  I/utchings*  Mcujazine^  con- tents himself with  saying  that  after  returning  from  his  second  trip,  the  'co- partnership was compiet^.'  Parsons,  in  his  Life  of  Marshall  ^  79-80,  is  more explicit. *The terms  of  this  agreement,'  he  writes,  'were  to  the  effect  that Sutter should  furnish  the  capital  to  build  a  mill  on  a  site  selected  by  Marshall, who was  to  be  the  active  partner,  and  to  run  the  mill,  receiving  certain  com- pensation for so  doing. A verbal  agreement  was  also  entered  into  between the parties,  to  the  effect  that  if  at  tiie  close  of  the  Mexican  war  then  pending California should  belong  to  Mexico,  Sutter  as  a  citizen  of  that  republic  should possess the  mill  site,  Marshall  retaining  his  rights  to  mill  privileges,  and  to cut  timber,  etc.;  while  if  the  country  was  ceded  to  the  United  States,  Mar- shall as an  American  citizen  should  own  the  property. * In  the  same  work,  p. 177i  is  aa  affidavit  of  John  Winters,  which  certifies  that  he,  Winters,  and Alden S.  Baglev  purchased,  in  Dec. 1848, John  A.  Sutter's  interest  in  the Coloma mill — which  interest  was  one  half — for  $6,000,  and  also  a  third  of  the interest of  Marshall  for  $2,000,  which  implies  that  Marshall  then  owned  the other half. Mrs Wimmer,  in  her  narrative,  says  that  Sutter  and  Marshall were eqnal  partners. 8, F.  BuUttiih,  Dec. 19, 1874.
 * A contract  was  drawn  up  by  John  Bidwell,  clerk,  in  which  Sutter  agreed

>* Marshall  says  Aug. 27th; Parsons,  Aug.  19th;  Bidwell,  in  a  letter  to  the anthor, Aug.  or  8ept

" Mrs  Wimmer  makes  the  time  a  fortnight.

'' One  part  of  the  house  was  occupied  by  the  men,  and  the  other  part  by the  Wimmers,  Mrs  Wimmer  cooking  for  the  company. About the  close  of the  year,  however,  a  dispute  arose,  whereupon  the  men  built  for  themselves  a eabin  near  the  half-completed  mill,  and  conducted  their  own  culinary  depart- toent. Their food  was  chiefly  salt  salmon  and  boiled  wheat. Wimmer's joang SODS  assisted  with  the  teaming.