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CHAPTER XVII.
    Captain Boling elected Sheriff—Appointment of Indian Agents—Ten-ie-ya allowed to return to Yosemite—Murder of Visitors—Lt. Moore’s Expedition and Punishment of Murderers—Gold Discoveries on Eastern Slope of Sierras—Report of Expedition, and first Published Notice of Yosemite—Squatter Sovereignty—Assault upon King’s River Reservation—The Supposed Leader, Harvey, Denounced by Major Savage—A Rencounter and death of Savage—Harvey Liberated by a Friendly Justice—An Astute Superintendent—A Mass Meeting—A Rival Aspirant—Indians and Indian Policy.

After being mustered out, the members of the battalion at once returned to their various avocations. I was fully occupied with mining and trading operations, and hence gave little heed to affairs at the Fresno. Through Captain Boling, however, who was elected Sheriff of the county, and whose business carried him to all parts of the country, I learned of the appointment of Col. Thomas Henly as agent for the tribes of Mariposa county, and as sub-agents M. B. Lewis for the Fresno and Wm. J. Campbell for the King’s River Agencies. I afterwards met Col. Henly and Mr. Lewis in Mariposa, and was much pleased with the Colonel. Both of these gentlemen were kind and genial; but Mr. Lewis soon tired of his office as unsuited to his taste, and accepted a position in the State Government under Major Roman. His successor, I believe, was Capt. Vincinthalor. Old Ten-ie-ya, and his band, were never recipients of friendly favors from Savage, nor was he in very good standing with the agent. This was known to the other chiefs, and they 273 frequently taunted him with his downfall. The old chief chafed under the contemptuous treatment of those who had once feared him and applied to the sub-agent or farmer for permission to go back to his mountain home. He claimed that he could not endure the heat at the agency, and said he preferred acorns to the rations furnished him by the Government.

To rid itself of the consequences engendered by these petty squabbles with the old chief, the management at the Fresno consented to a short absence under restrictions. Ten-ie-ya promised to perform all requirements, and joyfully left the hot and dry reservation, and with his family, took the trail to the Yosemite once more. As far as is known, Ten-ie-ya kept faith and disturbed no one. Soon after his departure, however, a few of his old followers quietly left the Fresno as was supposed to join him, but as no complaints were made by their chiefs, it was understood that they were glad to be rid of them; therefore no effort was made to bring them back. During the winter of 1851-52 a considerable number of horses were stolen, but as some of them were found in the possession of Mexicans, who were promptly executed for the theft, no charge was preferred against the Yosemites.

Early in May, 1852, a small party of miners from Coarse Gold Gulch, started out on a prospecting tour with the intention of making a visit to the Yosemite Valley.

The curiosity of some of these men had been excited by descriptions of it, made by some of the ex-members of the Battalion who had gone to Coarse Gold Gulch, soon after their discharge. This party spent some little time prospecting on their way. Commencing on the south fork of the Merced, they tested the mineral resources of streams tributary to it; and then, passing over the divide on the old trail, camped for the purpose of testing the branches leading 274 into the main Merced. While at this camp, they were visited by begging Indians; a frequent occurrence in the mining camps of some localities. The Indians appeared friendly, and gave no indications of hostile intentions. They gave the party to understand, however, that the territory they were then in, belonged to them, although no tribute was demanded. The miners comprehended their intimations, but paid no attention to their claim, being aware that this whole region had been ceded to the Government by treaty during the year before.

Having ascertained that they were a part of the Yosemite Band, the miners by signs, interrogated them as to the direction of the valley, but this they refused to answer or pretended not to understand. The valley however, was known to be near, and no difficulty was anticipated, when the party were ready to visit it, as an outline map, furnished them before starting, had thus far proved reliable. Unsuspicious of danger from an attack, they reached the valley, and while entering it on the old trail, were ambushed by the Indians from behind some rocks at or near the foot of the trail, and two of the party were instantly killed. Another was seriously wounded, but finally succeeded in making his escape. The names of the two men killed were Rose and Shurbon; the name of the wounded man was Tudor.

The reports of these murders, alarmed many of the citizens. They were fearful that the Indians would become excited and leave the reservations, in which case, it was thought, a general outbreak would result. The management of the Fresno agency was censured for allowing Ten-ie-ya to return to the valley, and for allowing so considerable a number of his followers to again assemble under his leadership. Among the miners, this alarm was soon forgotten, for it was found that instead of leaving the reservations, the Indians 275 camped outside, fled to the agencies for protection, lest they should be picked off in revenge for the murders perpetrated by the Yo-sem-i-tes. The officer in command at Fort Miller, was notified of these murders, and a detachment of regular soldiers under Lt. Moore, U. S. A., was at once dispatched to capture or punish the red-skins. Beside the detachment of troops, scouts and guides, and a few of the friends of the murdered men accompanied the expedition. Among the volunteer scouts, was A. A. Gray, usually called “Gus” Gray. He had been a member of Captain Boling’s company and was with us, when the valley was discovered, as also on our second visit to the valley under Captain Boling. He had been a faithful explorer, and his knowledge of the valley and its vicinity, made his services valuable to Lt. Moore, as special guide and scout for that locality. The particulars of this expedition I obtained from Gray. He was afterward a Captain under Gen. Walker, of Nicaragua notoriety. Under the guidance of Gray, Lt. Moore entered the valley in the night, and was successful in surprising and capturing a party of five savages; but an alarm was given, and Ten-ie-ya and his people fled from their huts and escaped. On examination of the prisoners in the morning, it was discovered that each of them had some article of clothing that had belonged to the murdered men. The naked bodies of Rose and Shurbon were found and buried. Their graves were on the edge of the little meadow near the Bridal Vail Fall.

When the captives were accused of the murder of the two white men, they did not deny the charge; but tacitly admitted that they had done it to prevent white men from coming to their valley. They declared that it was their home, and that white men had no right to come there without their consent.

Lieutenant Moore told them, through his interpreter, that 276 they had sold their lands to the Government, that it belonged to the white men now; that the Indians had no right there. They had signed a treaty of peace with the whites, and had agreed to live on the reservations provided for them. To this they replied that Ten-ie-ya had never consented to the sale of their valley, and had never received pay for it. The other chiefs, they said, had no right to sell their territory, and no right to laugh at their misfortunes.

Lieutenant Moore became fully satisfied that he had captured the real murderers, and the abstract questions of title and jurisdiction, were not considered debatable in this case. He promptly pronounced judgment, and sentenced them to be shot. They were at once placed in line, and by his order, a volley of musketry from the soldiers announced that the spirits of five Indians were liberated to occupy ethereal space.

This may seem summary justice for a single individual, in a republic, to meet out to fellow beings on his own judgment; but a formal judicial killing of these Indians could not have awarded more summary justice. This prompt disposition of the captured murderers, was witnessed by a scout sent out by Ten-ie-ya to watch the movements of Lieutenant Moore and his command, and was immediately reported to the old chief, who with his people at once made a precipitate retreat from their hiding places, and crossed the mountains to their allies, the Pai-utes and Monos. Although this was in June, the snow, which was lighter than the year before at this time, was easily crossed by the Indians and their families. After a short search, in the vicinity of the valley, Lieutenant Moore struck their trail at Lake Ten-ie-ya, and followed them in close pursuit, with an expressed determination to render as impartial justice to the whole band as he had to the five in the valley. It was no disappointment to me to learn from Gray, that 277 when once alarmed, old Ten-ie-ya was too much for Lieutenant Moore, as he had been for Major Savage and Captain Boling. Lieutenant Moore did not overtake the Indians he was pursuing, neither was he able to get any information from the Pai-utes, whom he encountered, while east of the Sierras. Lieutenant Moore crossed the Sierras over the Mono trail that leads by the Soda Springs through the Mono Pass. He made some fair discoveries of gold and gold-bearing quartz, obsidian and other minerals, while exploring the region north and south of Bloody Ca?on and of Mono Lake. Finding no trace whatever of the cunning chief, he returned to the Soda Springs, and from there took his homeward journey to Fort Miller by way of the old trail that passed to the south of the Yosemite.

Lieutenant Moore did not discover the Soda Springs nor the Mono Lake country, but he brought into prominent notice the existence of the Yosemite, and of minerals in paying quantities upon the Eastern Slope. Mr. Moore made a brief descriptive report of his expedition, that found its way into the newspapers. At least, I was so informed at the time, though unable to procure it. I saw, however, some severe criticisms of his display of autocratic power in ordering the five Yosemites shot.

After the establishment of the “Mariposa Chronicle” by W. T. Witachre and A. S. Gould, the first number of which was dated January 20, 1854. Lieutenant Moore, to more fully justify himself or gratify public curiosity, published in the “Chronicle” a letter descriptive of the expedition and its results. In this letter he dropped the terminal letter “y” in the name “Yosemity,” as it had been written previously by myself and other members of the battalion, and substituted “e,” as before stated. As Lieutenant Moore’s article attracted a great deal of public attention at that time, the name, with its present orthography, was accepted. 278 A copy of the paper containing Moore’s letter was in my possession for many years, but, finally, to my extreme regret, it was lost or destroyed.

To Lieutenant Moore belongs the credit of being the first to attract the attention of the scientific and literary world, and “The Press” to the wonders of the Yosemite Valley. His position as an officer of the regular army, established a reputation for his article, that could not be expected by other correspondents. I was shown by Gray, who was exhibiting them in Mariposa, some very good specimens of gold quartz, that were found on the Moore expedition. Leroy Vining, and a few chosen companions, with one of Moore’s scouts as guide, went over the Sierras to the place where the gold had been found, and established themselves on what has since been known as Vining’s Gulch or Creek.

On the return of Lieutenant Moore to Fort Miller, the news of his capture of the Indians, and his prompt execution of them as the murderers of Rose and Shurbon, occasioned some alarm among the timid, which was encouraged and kept alive by unprincipled and designing politicians. All kinds of vague rumors were put in circulation. Many not in the secret supposed another Indian war would be inaugurated. Political factions and “Indian Rings” encouraged a belief in the most improbable rumors, hoping thereby to influence Congressional action, or operate upon the War Department to make large estimates for the California Indian Service.

This excitement did not extend beyond the locality of its origin, and the citizens were undisturbed in their industries by these rumors. During all this time no indications of hostilities were exhibited by any of the tribes or bands, although the abusive treatment they received at the hands of some, was enough to provoke contention. They quietly remained on the reservations. As far as I was 279 able to learn at the time, a few persons envied them the possession of their King’s river reservation, and determined to “squat” upon it, after they should have been driven off. This “border element” was made use of by an unprincipled schemer by the name of Harvey, whom it was understood was willing to accept office, when a division of Mariposa county should have been made, or when a vacancy of any kind should occur. But population was required, and the best lands had been reserved for the savages. A few hangers-on, at the agencies, that had been discharged for want of employment and other reasons, made claims upon the King’s river reservation; the Indians came to warn them off, when they were at once fired upon, and it was reported that several were killed.

These agitations and murders were denounced by Major Savage in unsparing terms, and he claimed that Harvey was responsible for them. Although the citizens of Mariposa were at the time unable to learn the details of the affair at King’s river, which was a distant settlement, the great mass of the people were satisfied that wrong had been done to the Indians. There had been a very decided opposition by the citizens generally to the establishment of two agencies in the county, and the selection of the best agricultural lands for reservations. Mariposa then included nearly the whole San Joaquin valley south of the Tuolumne.

The opponents to the recommendations of the commissioners claimed that “The government of the United States has no right to select the territory of a sovereign State to establish reservations for the Indians, nor for any other purpose, without the consent of the State.” The State Legislature of 1851-52, instructed the Senators and Representatives in Congress to use their influence to have the Indians removed beyond the limits of the State. These views had been advocated by many of the citizens of Mariposa county 280 in good faith; but it was observed that those who most actively annoyed and persecuted those located on King’s river reservation were countenanced by those who professed to advocate opposite views. These men were often to be seen at the agency, apparently the welcome guests of the employes of government.

It soon became quite evident, that an effort was being made to influence public opinion, and create an impression that there was imminent danger; in order that the general government would thereby be more readily induced to continue large appropriations to keep in subjection the comparatively few savages in the country.

It was a well known fact that these people preferred horse-flesh and their acorn jelly to the rations of beef that were supposed to have been issued by the Government. During this time, Major Savage was successfully pursuing his trade with the miners of the Fresno and surrounding territory, and with the Indians at the agency. Frequently those from the King’s River Agency, would come to Savage to trade, thereby exciting the jealous ire of the King’s river traders. Self-interest as well as public good prompted Savage to use every means at his disposal to keep these people quiet, and he denounced Harvey and his associates as entitled to punishment under the laws of the Government. These denunciations, of course, reached Harvey and his friends. Harvey and a sub-agent by the name of Campbell, seemed most aggrieved at what Savage had said of the affray, and both appeared to make common cause in denouncing the Major in return. Harvey made accusations against the integrity of Savage, and boasted that Savage would not dare visit King’s river while he, Harvey, was there. As soon as this reached the Major’s ears, he mounted his horse and at once started for the King’s River Agency.

Here, as expected, Harvey was found, in good fellowship 281 with Marvin, the quartermaster, and others connected with the agency. Walking up to Harvey, Major Savage demanded of him a retraction of his offensive remarks concerning himself. This Harvey refused to do, and said something to the effect that Savage had talked about Harvey. “Yes,” replied Major Savage, “I have said that you are a murderer and a coward.” Harvey retreated a pace or two and muttered that it was a lie. As quick as the word was uttered, Savage knocked Harvey down. Harvey appeared to play ’possum and made no resistance. As Savage stooped over the prostrate Harvey, a pistol fell from Savage’s waist, seeing which, Marvin picked it up and held it in his hand as the Major walked off. Harvey ros............
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