Benjamin Ignatius Hayes
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Benjamin Hayes, or Benjamin Ignatius Hayes, (1815–77) was an
American pioneer American pioneers were European American and African American settlers who migrated westward from the Thirteen Colonies and later United States to settle in and develop areas of North America that had previously been inhabited or used by Nati ...
who was the first judge of the district court that served Los Angeles, San Diego and San Bernardino counties in California. His seminal rulings are still cited in that state's courts.


Personal

Hayes was born on February 14, 1815, in
Baltimore, Maryland Baltimore ( , locally: or ) is the List of municipalities in Maryland, most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic (United States), Mid-Atlantic, and List of United States cities by popula ...
, and graduated from St. Mary's University in that city. Shortly after graduation, he relocated to
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
, but in 1849 he "set out from
Independence, Missouri Independence is the fifth-largest city in Missouri and the county seat of Jackson County, Missouri, Jackson County. Independence is a satellite city of Kansas City, Missouri, and is the largest suburb on the Missouri side of the Kansas City metro ...
, for California, riding one mule and leading another packed with supplies for the trip." He joined a train of pioneers and reached a Mormon settlement near
San Bernardino, California San Bernardino (; Spanish for "Saint Bernardino") is a city and county seat of San Bernardino County, California, United States. Located in the Inland Empire region of Southern California, the city had a population of 222,101 in the 2020 cen ...
, in January 1850. He stopped again at
Mission San Gabriel Mission (from Latin ''missio'' "the act of sending out") may refer to: Organised activities Religion *Christian mission, an organized effort to spread Christianity *Mission (LDS Church), an administrative area of The Church of Jesus Christ of ...
and reached the "pueblo of Los Angeles" on February 3, looked around, went back to San Gabriel, sold his mules and returned to stay in the
pueblo In the Southwestern United States, Pueblo (capitalized) refers to the Native tribes of Puebloans having fixed-location communities with permanent buildings which also are called pueblos (lowercased). The Spanish explorers of northern New Spain ...
.Clare Wallace, Los Angeles Public Library reference file, 1938, with sources as listed there
/ref> Two of his sisters moved to Los Angeles as well. They were Helena, "the mother of
Fred Eaton Frederick Eaton (1856 – March 11, 1934), known as Fred Eaton, was a major individual in the transformation and expansion of Los Angeles in the latter 19th century through early 20th century, in California. Eaton was the political mastermind ...
, one of the city's mayors; and Louisa, the first public school teacher. . . ." A
Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
, Hayes was married twice—first, on November 16, 1848, in St. Louis, Missouri, to Emily Martha Chauncey of
Harford County, Maryland Harford County is located in the U.S. state of Maryland. As of the 2020 census, the population was 260,924. Its county seat is Bel Air. Harford County is included in the Baltimore-Columbia-Towson, MD Metropolitan Statistical Area, which is al ...
, who died in 1857, and second, on August 2, 1866, in San Diego, California, to Adelaida Serrano. He had two children, John Chauncey and Mary Adelaida. Hayes was joined by his wife Emily late in 1851, traveling "by packet to New Orleans, thence by steamer to
Panama Panama ( , ; es, link=no, Panamá ), officially the Republic of Panama ( es, República de Panamá), is a transcontinental country spanning the southern part of North America and the northern part of South America. It is bordered by Cos ...
, which she crossed
side saddle Sidesaddle riding is a form of equestrianism that uses a type of saddle which allows female riders to sit aside rather than astride an equine. Sitting aside dates back to antiquity and developed in European countries in the Middle Ages as a way ...
on a mule, then by steamer to
San Diego San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the List of United States cities by population, eigh ...
." After she died in 1857, the Lafayette Hotel was built on the property, where he reared his son and where Benjamin Hayes died on August 4, 1877. Hayes was one of the men who helped bring the
Sisters of Charity Many religious communities have the term Sisters of Charity in their name. Some ''Sisters of Charity'' communities refer to the Vincentian tradition, or in America to the tradition of Saint Elizabeth Ann Seton, but others are unrelated. The ...
to Los Angeles to establish a hospital. Along with
Don Don, don or DON and variants may refer to: Places *County Donegal, Ireland, Chapman code DON *Don (river), a river in European Russia *Don River (disambiguation), several other rivers with the name *Don, Benin, a town in Benin *Don, Dang, a vill ...
Abel Stearns Abel Stearns (February 9, 1798 – August 23, 1871) was an American trader who came to the Pueblo de Los Angeles, Alta California in 1829 and became a major landowner and cattle rancher and one of the area's wealthiest citizens. Early life Stea ...
,
Hon. ''The Honourable'' (British English) or ''The Honorable'' (American English; American and British English spelling differences#-our, -or, see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific Style (ma ...
Thomas Foster, Don Luis Vignes, Hon.
Ezra Drown Ezra Drown was an attorney who escaped a shipwreck to become the district attorney of Los Angeles County, California, in 1857–59 and 1861–63 and a member of the Los Angeles Common Council, the governing body of the city of Los Angeles, in 1 ...
, Don
Antonio F. Coronel Don Antonio Francisco Coronel (October 21, 1817 – April 17, 1894) was a Californio politician and ranchero who was Mayor of Los Angeles and California State Treasurer. Coronel was considered one of the first preservationists in Los Angeles, and ...
, Don
Manuel Requena Manuel Requena (1802–1876) was a Yucatán-born Californio politician who served multiple terms as Alcalde of Los Angeles (Mayor of Los Angeles). Requena became active in Los Angeles politics in the 1830s, during the Mexican era, and continued ...
, Don
Ignacio del Valle Ygnacio Ramón de Jesus del Valle (July 1, 1808 – 1880) was a Californio ranchero and politician. He owned much of the Santa Clarita Valley and served briefly as Mayor of Los Angeles and as a California State Assemblyman. Early life Del ...
and John G. Downey," he organized a committee to "solicit subscriptions from the citizens of this county" and to "act in co-operation with the Right Rev.
Thaddeus Amat Thaddeus Amat y Brusi C.M., or in Spanish Tadeu Amat y Brusi ( ca, Tadeu Amat i Brusi; December 31, 1811 – May 12, 1878) was a Spanish Roman Catholic cleric who became the first Bishop of Los Angeles, in California. Early life Amat was born ...
, Bishop of Monterey, in all matters necessary" in establishing the hospital." The hospital was the forerunner to today's St. Vincent Medical Center (Los Angeles).


Vocation


Private practice

In the 1840s Hayes began his practice of law in
Independence, Missouri Independence is the fifth-largest city in Missouri and the county seat of Jackson County, Missouri, Jackson County. Independence is a satellite city of Kansas City, Missouri, and is the largest suburb on the Missouri side of the Kansas City metro ...
, and after arriving in Los Angeles he formed a law partnership with Jonathan R. Scott. He was a member of the Rangers, Los Angeles's first police force, all volunteers.


Public service

In the first
Los Angeles County Los Angeles County, officially the County of Los Angeles, and sometimes abbreviated as L.A. County, is the most populous county in the United States and in the U.S. state of California, with 9,861,224 residents estimated as of 2022. It is the ...
election on April 1, 1850, Hayes, a Democrat, was elected county attorney, "a prosecuting office then provided by law" serving until September 1851. In July of the same year he was elected the first city attorney in Los Angeles, and he served until May 1851."Election Returns of Los Angeles County," ''Los Angeles Herald,'' November 6, 1852
/ref> In 1852 he was elected first judge of the district court that served Los Angeles, San Diego and San Bernardino counties; he was reelected in 1857. Hayes "journeyed over his district on horseback and later by
carriage A carriage is a private four-wheeled vehicle for people and is most commonly horse-drawn. Second-hand private carriages were common public transport, the equivalent of modern cars used as taxis. Carriage suspensions are by leather strapping an ...
and the little steamer, ''Senator.'' Court he convened in whatever available structure there was."
In Los Angeles, in 1859, court was held in a dingy unhealthy old
adobe Adobe ( ; ) is a building material made from earth and organic materials. is Spanish for ''mudbrick''. In some English-speaking regions of Spanish heritage, such as the Southwestern United States, the term is used to refer to any kind of e ...
standing at Franklin and Spring streets. When it rained water came through the roof in streams onto the judge's head, his desk and papers, and spattered against the walls, making an umbrella a necessary adjunct of court attendance.
In 1856, he freed 14 enslaved black people, including
Biddy Mason Biddy Mason (August 15, 1818 – January 15, 1891) was an African-American nurse and a Californian real estate entrepreneur and philanthropist. She was one of the founders of the First African Methodist Episcopal Church in Los Angeles, Calif ...
, who were held in captivity by Mormons in San Bernardino. Hayes held court in both English and Spanish; he recorded in his diary that he was able to read and write Spanish with competence but that he was not fluent in speaking it. He also found a problem with the lack of lawbooks. One biographer wrote that Hayes "courageously administered justice in the violent Fifties, when
mob rule Mob rule or ochlocracy ( el, ὀχλοκρατία, translit=okhlokratía; la, ochlocratia) is the rule of government by a mob or mass of people and the intimidation of legitimate authorities. Insofar as it represents a pejorative for majori ...
so frequently took matters under its own control." While he was county attorney in 1851 a disgruntled
litigant - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
on horseback fired at him from three feet away, but the bullet passed harmlessly through Hayes' hat.
In his ten years on the district bench
litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
was heavy and important, and as it has transpired, history-making. Many of Judge Hayes's decisions have took the test of time and are references before the
bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...
today, He is considered by posterity to have been a learned man, with a brilliant legal mind.]


Authorship

* "'Los Angeles County From 1847 to 1867," a chapter in ''An Historical Sketch of Los Angeles County,'' published in 1876 * Diaries and scrapbooks


Legacy

The Bancroft Library is in possession of Hayes' diaries, notes and scrapbooks.


References


External links



''Pioneer Notes From the Diaries of Judge Benjamin Hayes, 1849–1875,'' edited and privately published by Marjorie Tisdale Wolcott, Los Angeles (1929)

Further biographical and genealogical information may be available from this Find a Grave listing.

Election results for Los Angeles County in 1852, in Spanish, with reference to ''El Señor Don Benjamin Hayes''

Photo of Hayes near the end of his life.
Finding aid to the Benjamin Ignatius Hayes Collection, Online Archive of California.

The San Diego Natural History Museum Research Library
houses a significant collection of Benjamin Ignatius Hayes’ scrapbooks.

{{DEFAULTSORT:Hayes, Benjamin Ignatius 1815 births 1877 deaths Los Angeles City Attorneys People from Baltimore 19th-century American lawyers Writers from Los Angeles California Democrats