Supreme court of the United States. No. 135. The United States, appellants, vs. John A. Sutter. Appeal from the District court U.S. for the Northern district of California.

410 The United States vs. Sutter.
1853. It broke nearly in the centre of it, where it was highest. Don't
remember whether it broke at the Tivoli House or not. The break
just described flooded the city.
I think the new levee at Fith street, corner of I, begun to break
and was stopped.
In the spring of 1853 I was elected mayor again. In the summer
and fall of 1853 the levee was run from R street where it intersects
the Sacramento to the neighborhood of Sixteenth or Seventeenth
streets; then diverged across N and M streets, the other side of the
fort, leaving the fort out, to Thirty-first street; down Thirty-first
street, connecting with the old levee of 1850 at the American river.
The whole line of that levee was dug down in a ditch and sheet-piled
its whole length from Sacramento river to Sixteenth street, and a
waste-gate put in at Fifth street, between that and Sixth street.
The levee along Front from I to R was remodelled, and Front street
filled up to its present grade. It was extended on I street from Fifth
to Sixth, where it connected with the old levee of 1850; at the
American river it was strengthened and widened. The old levee of
1850 was repaired up to the two sloughs at the Tivoli House; those
sloughs were double sheet-piled, and a heavy embankment made to
secure them; from that point to Thirty-first street, where the new
levee joined the old one, it was all repaired up to the American
slough. It was there thoroughly secured by heavy timbers and a
heavy embankment, at a great expense.
The levee of 1850 was about twenty feet on top on Front street
from R to I. In 1853 Front street was filled up, making an easy grade
to the top of the levee, except between O and R, where it was not filled
up so much; the railroad has since filled it up. The levee on Front
street was also raised a little, but not a great deal-don't remember
how much. The levee up R street to Sixteenth was wide enough on
top to have a rail track laid down and a path on each side; it varies
in height.
From where the levee left R street until it struck Thirty-first street
the width was seven feet on top and twelve or fifteen at base; a wagon
could ride on the top; the height was from three to five feet; along
Thirty-first street from five to seven feet high.
One idea in making the levee diverge from Sixteenth street this side
of the fort to Thirty-first street was to throw out Sutter slough, and
to have two checks on the water from the American.
139 The levee up I street was raised a little higher, and continued up to Sixteenth street, and then along Sixth until it
struck the levee made in 1852, and from there until it struck the old
levee on the American, also made wider and strengthened thoroughly.
I think the levee of 1853, along Thirty-first to the American, was
a quarter or half mile inside of the cross levee, from the American to
the high land, built in 1852. This cross levee of 1852 has never
been repaired that I know of. Three or four years ago I think the
old levee at Sutterville, from the high land to the river, was repaired
by subscription, about the same time that the city repaired that on R
to Y.