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Discovering Diverse Content Through
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of his character. In leaving Colonel McKee after my second interview,
I could not at once relinquish my design of ultimately establishing
myself near the Tejon. Having completed my business, I reported
myself to Henderson as ready, and found that he also had been able
to despatch his affairs, and had no business to detain him longer.
Together we took a stroll through the principal street, and visited
some popular resorts. However angelic the unseen portion of this
city—of then less than two thousand inhabitants—may have been, it
appeared to us as a city of fallen angels with their attendant
satellites. Although our observations were made in a dull portion of
the day, we witnessed on the street one pugilistic encounter, two
shooting affrays, and a reckless disregard of life, and property rights
generally, never allowed in a civilized community. We soon
discovered that good arms and a firm demeanor were the only
passports to respectful consideration.

The authorities seemed too indifferent or too timid to maintain order,

or punish the offenders against law. Satisfied that the “City of
Angels” could exhibit more unadulterated wickedness than any other
town in the State at that time, we shook the dust from our feet, and
in order to get an early start the next morning, rode out to the
vicinity of Col. Fremont’s camp. Our party was increased by the
addition of two gentlemen, who joined us for protection and
guidance. The name of one of them has escaped my memory; the
other was Doctor Bigelow, of Detroit, Michigan, a geologist, who at
one time was engaged in a geological survey of a portion of Lake
Superior; We left our camp before sunrise, Henderson and myself
riding in advance; our guests, Indian and pack-mule bringing up the
rear. This order of traveling was maintained as a matter of
convenience, for being well mounted, Henderson and myself were
able to secure deer, antelope and a supply of smaller game, without
hardly leaving the trail or delaying our progress.

Among the foot-hills of the mountain slopes we saw several black

bears cross the trail ahead, but not being out of meat, we did not
urgently solicit their company. We did, however, once have our
appetite aroused for “bar meat,” but failed to supply the material for
the feast. Halting for a rest at the foot of a ravine, and being very
thirsty, we followed the indications to water exhibited by our mules.
These were secured while we explored the brushy ravine for the
water-hole. As we reached the desired water, two fat cubs came
waddling out of the pool, and ran into a clump of dwarf willow.

Congratulating each other on the prospect of roast cub for supper,

we tried to get a shot with our revolvers, but a rousing
demonstration from the parental bear, which suddenly appeared,
alarmed our cautiousness, and we retreated hurriedly, but in good
order, to the place where we had carelessly left our rifles. Hastily
mounting, we returned the compliment by at once charging on the
bear and her cubs, which were now endeavoring to escape.

As we approached near enough for the mules to see and scent the
game, they halted, and commenced marking time. Neither spurs or
the butts of our rifles could persuade them to make a forward
movement. Thinking I might secure a cub that stood temporarily in
sight, I raised my rifle, but in so doing slackened the reins, when
with the ease and celerity of a well-drilled soldier, my mule came to
an “about face,” and instantly left that locality. Henderson’s mule
became unmanageable, and after a lusty “we-haw! we-haw!”
followed me, while the affrighted bear family scrambled off in search
of a place of security. Pulling up as soon as we could control our
frightened animals, Henderson congratulated me on possessing one
so active on a retreat, while I complimented the intelligence of his
own, which would not voluntarily endanger his master.

After a hearty laugh at our comic illustration of a bear hunt, it was

mutually agreed that a mule was not reliable in a charge upon bruin.

A mule may be the equal of a horse in intelligence, but his inferiority

of spirit and courage in times of danger prevents his becoming a
favorite, except as a beast for work or mountain travel.
On arriving at the rancheria of the chief Vincente, I induced
Henderson to stop and explore the country. The luscious
watermelons and abundant supplies of vegetables were strong
arguments in favor of a few days’ rest for our animals and recreation
for ourselves. In the meantime Doctor Bigelow had told us of a
traditional silver mine that he had been informed existed somewhere
in the locality of the Te-jon. I found the pompous old chief fond of
displaying his knowledge of agriculture, which was really
considerable, and I complimented him upon his success, as was
deserved.

After paying him for the things liberally supplied our party, and
which with a show of Spanish courtesy he intimated he had given us
because he was “a good Christian”—though he frequently crossed
himself while expressing his fear of “witches” or demons—I opened
up the subject of the old silver mine. I designated it as some kind of
a mine that had once been worked by an Englishman. We were told
by “Don Vincente” that such a mine had been discovered many
years before, by white men, who, after working it for awhile, had
been driven off or killed; “but for the love of God” he could not tell
which. We expressed a wish to visit the old mine, and asked
permission of the chief. He told us it was not in the territory claimed
by him, and he was thankful that it was not, as the location was
haunted. When asked if he would furnish us a guide, who should be
well paid for his service, he answered, “Go, and God go with you,
but none of my people shall go, for it would bring upon us evil.” We
were shown the mouth of the ravine, after some persuasion, but no
argument or inducement could procure a guide to the mine.

“Don Vincente,” like all the Mission Indians of California, I found to

be strongly imbued with the superstitions of the wild tribes, and a
firm believer in the power of human departed spirits to harm the
living. Many, like those of the east, believed that the wizards or
sorcerers could put a spell upon a victim, that if not disenchanted
would soon carry him to his grave.
Leaving our extra animals in the care of Vincente, we took our
course towards the mouth of the ravine pointed out to us, southwest
of the Tejon. After a tedious and difficult search, a discovery of some
float mineral was made, and following up these indications, we
found some very rude furnaces, and a long distance above
discovered the mine, which had evidently been abandoned for years.
We procured some of the best specimens of the ore, and being
unable to determine its value, forwarded some to assayers in San
Francisco. Doctor Bigelow pronounced the mineral to be that of
antimony, but said that it might possibly contain some of the
precious metals, but it was quite evident that he placed but little
commercial value upon the mine. The reports finally received from
the assayers were very unfavorable, and our visions of untold wealth
vanished with the smoke of the assay.

On our return from the exploration of the “Silver Mine,” we carefully

concealed our discovery from Vincente and his people, and avoided
exciting their curiosity. Our animals were rested, and in an improved
condition, for the grass was rich and abundant. Don Vincente was as
much delighted with our presents of tobacco and trinkets, which we
had carried with us for such occasions, as any of the “Gentile”
nations would have been. We took our departure from the
hospitalities of the Mission Chief without having had any occurrence
to divert the mutually friendly feelings that had been fostered in our
intercourse. We had designed, on starting from the rancheria of Don
Vincente, to leave the direct trail to Mariposa, and explore the lake
region of the Tulare valley. Unfortunately for the success of this
undertaking, we made our first camp too near the marshy shore of
Kern Lake. We had selected the camp ground for the convenience of
water and fresh grass for our animals, but as night closed in, the
mosquitoes swarmed from the surrounding territory, making such
vigorous charges upon us and our animals, that we were forced to
retreat from their persistent attacks, and take refuge on the high
land away from the vicinity of the Tule or Bullrush marshes. Having
no desire to continue the acquaintance of the inhabitants who had
thronged to welcome our approach, our ambition for making further
exploration was so much weakened, that we silently permitted our
mules to take their course towards the direct trail. Col. Henderson
declared that the mosquitoes on these lakes were larger, more
numerous, and in greater variety, than in the swamps of Louisiana,
and Doctor Bigelow said that hitherto he had rather prided himself,
as a Michigander, on the earnest character of those of Michigan, but
that in future, he should be willing to accept as a standard of all the
possibilities of mosquito growth, those that had reluctantly parted
with us at Kern Lake. Keeping the rich alluvial low lands on our left,
we crossed a strip of alkali plain, through which our animals
floundered as if in an ash heap. This Henderson designated as a “dry
bog.” Deviating still farther to the right to avoid this, an old trail was
struck, either Indian or animal, which led us into the main trail
usually traveled up and down the valley. At the crossing of one of
the numerous mountain streams, we found a good camping place on
a beautiful table overlooking this rich territory, where we would be
secure from the assaults of enemies.

After a refreshing bath in the cool waters of the stream, we slept the
sleep of the blessed, and mosquitoes once more became to us
unknown objects of torture. The next morning we found ourselves
refreshed and buoyant.

Our animals, like ourselves, seemed to feel in elevated spirits, and as

we vaulted into our saddles at an early hour, they moved rapidly
along in the cool and bracing air. As we rode, drove after drove of
antelope and elk were seen, and one small band of mustangs
approached from the west, when, after vainly neighing to our mules,
they turned and galloped back toward their favorite resort, the west
side of the valley. Sometimes, with a halting look of scrutiny, a
coyote would cross our trail, but their near vicinity was always
recognized by our vigilant mules with a snort and pause in their gait,
that was probably designed to intimate to us that it might be
another bear. We beguiled the time in discussing the amazing fertility
of the country we were traversing, and the probability of its future
occupancy. At the present time, thriving cities and immense wheat
fields occupy localities where in 1851 game and wild mustangs
roamed almost undisturbed by the white man’s tread, or the flash or
gleam of his unerring rifle. There is still room for the enterprising
settler, and the upper end of the San Joaquin Valley may yet be
called the sportsman’s paradise. The lakes and streams swarm with
fish, and are the resort of water-fowl, and deer, elk and antelope are
still plentiful in secluded localities.

We reached the Fresno in safety without interrupting incidents, and

without further attempt at exploration. Colonel Henderson, Doctor
Bigelow, and his companion du voyage, after a short halt passed on
to Quartzberg, while I stopped over to make my report to the Major.
To my extreme surprise, Major Savage questioned me as to the
cause of my tardiness, saying he had been expecting me for two or
three days past, and that the cattle were now within the valley and
would in a short time be at the reservation. After sufficiently
enjoying my astonishment at his knowledge of my movements and
those of Fremont’s herders, he informed the that his old power and
influence over the Indians had been re-established, and that reports
came to him from the different chiefs of all important events
transpiring in their territory. He soon satisfied me that through a
judicious distribution of presents to the runners, and the esteem in
which he was held by the chiefs, he was able to watch the
proceedings of strangers, for every movement of our party had been
reported to him in detail. I was cordially received by the Major, as a
guest in his new trading house, which he had erected during our
absence. We discussed the probable future of the management of
Indian affairs in California, and the incidents of my trip to Los
Angelos. The Major informed me that the battalion had been
mustered out of service during my absence (on July 25th, 1851), but
that my interests had been properly represented and cared for, as
far as he had been able to act without my presence. But in order to
receive compensation as interpreter and for extra medical services, it
was discovered that separate accounts and vouchers would be
required, which he and Captain Boling would at any time certify. The
major then informed me that he had made his arrangements to
recommence his trading operations on as large a scale as might be
required. That he could make more as a trader than as an employe
of government, and at the same time be free from their cares and
anxieties. He advised me to take a subordinate position until I
should be able to decide upon a better location. He said he could
make my position a profitable one if I desired to remain with him.

The major gave me a general insight into his future plans, and some
of the sources of his expected profits. After this conversation, I gave
up all idea of establishing at the Tejon or any where else as a
government trader. Having been so long absent from my private
business, which I had left under the management of a partner; I
made this a sufficient excuse for my departure the next morning and
for my inability to accept the major’s kindly offer. As I was leaving,
the major said: “I was in hopes to have secured your services, and
still think you may change your mind. If you do, ride over at once
and you will find a place open for you.”

This confidence and friendship I felt demanded some return, and I

frankly said; “Major Savage, you are surrounded by combinations
that I don’t like. Sharp men are endeavoring to use you as a tool to
work their gold mine. Beside this, you have hangers-on here that are
capable of cutting your throat.” Contrary to my expectation the
Major was not in the least offended at my frankness; on the
contrary, he thanked me for my interest and said: “Doc, while you
study books, I study men. I am not often very much deceived, and I
perfectly understand the present situation, but let those laugh who
win. If I can make good my losses by the Indians out of the Indians,
I am going to do it. I was the best friend the Indians had, and they
would have destroyed me. Now that they once more call me “Chief,”
they shall build me up. I will be just to them, as I have been
merciful, for after all, they are but poor ignorant beings, but my
losses must be made good.” Bidding the Major good morning, I left
him with many kindly feelings, and as I rode on my solitary way to
Mariposa, I thought of his many noble qualities, his manly courage,
his generous hospitality, his unyielding devotion to friends, and his
kindness to immigrant strangers. These all passed in review before
my mind, and then, I reversed the picture to see if anything was out
of proportion; in the picture I had drawn of my hero. There were
very serious defects, but such as would naturally result from a
misdirected education, and a strong will, but they were capable of
becoming virtues. As to the Major’s kindly offer, although I
appreciated his feeling’s towards me, I could not accept it.

With many others, I had joined in the operations against the Indians
from conscientious motives and in good faith to chastise them for
the numerous murders and frequent robberies they were
committing. Our object was to compel them to keep the peace, that
we might be permitted to live undisturbed by their depredations. We
had sufficient general intelligence and knowledge of their character
to know that we were looked upon as trespassers on their territory,
but were unwilling to abandon our search for gold, or submit to their
frequent demands for an ever-increasing tribute. Beside other
property, I had lost four valuable horses, which were taken to satisfy
their appetites. Neither Bonner’s nor Vanderbilt’s love for horses, was
ever greater than was that of those mountain Indians. No horse was
considered too valuable for them to eat. Notwithstanding all this
sense of injury done to my personal interests, I could not justify
myself in joining any scheme to wrong them, or rather, the
government; and it was too plainly evident that no damages could
be obtained for losses, except through the California Indian Ring
that was now pretty well established. During the operations of the
Battalion, the plans of the Ring were laid, and it was determined that
when the war should be ended, “a vigorous peace policy” should be
inaugurated. Estimates of the probable number of Indians that it
would be necessary to provide for in Mariposa county alone,
accidentally fell under my observation, and I at once saw that it was
the design to deceive the government and the people in regard to
the actual number, in order to obtain from Congress large
appropriations. These estimates were cited as official by Col. McKee,
and were ten times more than the truth would warrant. Major
Savage justified his course in using the opportunity to make himself
whole again, while acting as a trader, and in aiding others to secure
“a good thing,” by the sophism that he was not responsible for the
action of the commissioners or of Congress.
 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 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 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
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 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 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
Cañon 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. 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 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 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 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 rose to his feet at this
moment, and seeing Marvin with the pistol in his hand exclaimed,
“Judge, you have got my pistol!” Marvin replied, “No! I have not.
This belongs to Major Savage.” When, instantly, Harvey commenced
firing at Major Savage, who, though mortally wounded by the first
shot, and finding his pistol gone, strove hard to once more reach
Harvey, whom he had scorned to further punish when prostrate
before him.

This was in August, 1852. Harvey was arrested, or gave himself up,
and after the farce of an examination, was discharged. The justice,
before whom Harvey was examined, was a personal friend of the
murderer, but had previously fed upon the bounty of Savage.
Afterwards, he commenced a series of newspaper articles, assailing
the Indian management of California, and these articles culminated
in his receiving congenial employment at one of the agencies.
Harvey, having killed his man, was now well calculated for a
successful California politician of that period, and was triumphantly
elected to office; but the ghost of Major Savage seemed to have
haunted him, for ever after, he was nervous and irritable, and finally
died of paralysis. The body of Major Savage was afterwards removed
to the Fresno, near his old trading post. A monument was there
erected to his memory by Dr. Leach, his successor in business.

I was in San Francisco at the time of these troubles at the agencies;

but upon my return, obtained the main facts as here stated, from
one of the actors in the tragedy.
At about this time, the management of California Indian affairs,
became an important stake in the political circles of Mariposa. I took
but little interest in the factions that were assaulting each other with
charges of corruption. Notwithstanding my lack of personal interest,
I was startled from my indifference by the report of the
Superintendent dated February, 1853. His sweeping denunciations of
the people of Mariposa county was a matter of surprise, as I knew it
to be unjust. This report was considered in a general mass meeting
of the best citizens of the county, and was very properly condemned
as untrue. Among those who took an active part in this meeting
were Sam Bell (once State Comptroller), Judge Bondurant, Senator
James Wade, and other members of the State Legislature, and many
influential citizens, who generally took but a minor interest in
political affairs.

The records of the meeting, and the resolutions condemning the

statements of the Superintendent of Indian Affairs, which were
unanimously adopted, and were published in the “Mariposa
Chronicle” after its establishment, I have preserved as a record of
the times. The meeting expressed the general sentiment of the
people, but it accomplished nothing in opposition to the
Superintendent’s policy, for the people soon discovered that the
great “Agitator” at these meetings was a would-be rival of the
Superintendent. We therefore bowed our heads and thought of the
fox in the fable. I never chanced to meet the gentleman who was at
that time Superintendent of Indian Affairs, and know nothing of him
personally, but upon reading an official letter of his dated at Los
Angeles, August 22nd, 1853, in which he speaks of “The
establishment of an entire new system of government, which is to
change the character and habits of a hundred thousand persons.”
And another letter dated San Francisco, September 30th, 1853,
saying that his farm agent, Mr. Edwards, “Had with great tact and
with the assistance of Mr. Alexander Gody, by traveling from tribe to
tribe, and talking constantly with them, succeeded in preventing any
outbreak or disturbance in the San Joaquin Valley.” I came to the
conclusion that the Superintendent of Indian Affairs was under
astute management, or that he was one of the shrewdest of the
many shrewd operators on the Pacific Coast. The schemes of the
Indian Ring were not endorsed by Governor Weller, but were
practically condemned in a public letter. The charges against the
people of Mariposa by the Superintendent of Indian Affairs were
absurd and grossly insulting to their intelligence. There had been no
assault upon the Indians, except that at King’s river, led by the
hangers-on at one of his own agencies. These men continued to be
honored guests at the tables of his employes, and one of his most
vigorous assailants was given employment that silenced him.

The estimates made by him in his letters and report, were on an

assumed probability of a renewal of Indian hostilities. It was true,
murders were occasionally committed by them, but they were few as
compared with those committed by the Mexicans and Americans
among themselves. The estimate of a hundred thousand Indians in
California, was known by every intelligent man who had given the
subject any attention, to be fabulous. There was probably not a fifth
of the number. But that was of no consequence, as the schemes of
the “Ring” were successful. Large appropriations were made by
Congress in accordance with stipulations of the treaty made between
these ignorant tribes, and the Republic of the United States of
America. The recommendations were generally carried out in
Washington.

The making of a treaty of peace with Indian tribes, may be correctly

defined as procuring a release of all claims of certain territory
occupied by them. Congress may make appropriations to provide for
the promises made, but it is a well known fact that these
appropriations are largely absorbed by the agents of the
government, without the provisions being fulfilled. The defrauded
victims of the treaty are looked upon as pauper wards of a generous
nationality; and the lavish expenditure of the Government, is mostly
consumed by the harpies who hover around these objects of
national charity. This farce of making treaties with every little tribe
as a distinct nationality, is an absurdity which should long ago have
been ended. With formal ceremony, a treaty of peace is made with
people occupying territory under the jurisdiction of our national
organization. A governmental power is recognized in the patriarchal
or tribal representatives of these predatory bands, and all the forms
of a legal and national obligation are entered into, only to be broken
and rebroken, at the will of some succeeding administration.

An inherited possessive right of the Indians to certain territory

required for their use, is acknowledged, and should be, by the
Government, but to recognize this as a tribal or national right, is but
to continue and foster their instinctive opposition to our
Government, by concentrating and inflaming their native pride and
arrogance.

The individual, and his responsibilities, become lost in that of his

tribe, and until that power is broken, and the individual is made to
assume the responsibilities of a man, there will be but little hope of
improvement. The individual is now scarcely recognized by the
people (except he be representative); he is but an integral number
of a tribe. He has a nationality without a country, and feels that his
people have no certain home. He knows that he has been
pauperized by contact with the whites and the policy pursued by the
Government towards him, and he scorns, while he accepts its
bounty. These native-born residents of our common country, are not
citizens; their inherent rights are not sufficiently protected, and,
feeling this, they in turn, disregard the law or set it at defiance. The
best part of my life has been spent upon the frontiers of civilization,
where ample opportunities have been afforded me to observe our
national injustice in assuming the guardianship and management of
the Indian, without fulfilling the treaty stipulations that afford him
the necessary protection. The policy of the Government has seemed
to be to keep them under restraint as animals, rather than of
protective improvement as rational human beings. What matters it,
though the National Government, by solemn treaty, pledges its faith
to their improvement, if its agents do not fulfill its obligations. I am
no blind worshipper of the romantic Indian, nor admirer of the real
one; but his degraded condition of pauperism, resulting from the
mismanagement of our Indian affairs, has often aroused in me an
earnest sympathy for the race. They are not deficient in brain-power,
and they should rise from degradation and want, if properly
managed. I am not classed as a radical reformer, but I would like to
see a radical change in their management.

I would like to see the experiment tried by the Government and its
agents of dealing justly with them, and strictly upon honor. I would
like to see those who have the management of Indian affairs
selected because of their fitness for their positions, without making
political or religious considerations pre-requisite, qualifications.
Morality and strict integrity of character, should be indispensable
requirements for official positions; but a division of patronage, or of
Indian souls among the various religious sects or churches, is
contrary to the spirit, if not the letter, of our Federal Constitution,
and the strife this policy has already engendered among the various
sects, is not calculated to impress even the savage with a very high
estimate of Christian forbearance and virtue. The cardinal principles
of Christianity should be taught the children by example, while
teaching them the necessity of obeying God’s moral and physical
laws. I would like to see the Indian individually held responsible for
all his acts, and as soon as may be, all tribal relations and tribal
accountability done away with, and ignored by the Government.

The question of a transfer of the Indian Bureau to the War

Department, has been for some time agitated, but it seems to me
that some facts bearing on the subject have not been, sufficiently
discussed or understood. These are that the various tribes are
warlike in their habits and character, and have been engaged in wars
of conquest among themselves ever since they first became known
to the white settlers of the country. Their immediate right to the
territory they now occupy is derived from the dispossession of some
other tribe. They recognize the lex talionis as supreme, and their
obedience to law and order among themselves is only in proportion
to their respect for the chief, or power that controls them. Hence, for
the Sioux and other unsubdued tribes, military control, in my
opinion, would be best suited to their war-like natures and roving
habits. The objection that their management by the War Department
had proved a failure, is not a valid one, as when formerly the Bureau
was under its nominal control, all appointments of agents were
made from civil life, as political rewards from those in power. The
political kites, scenting the fat things hidden away in the office of an
agent, pounced down upon them, exclaiming: “To the victors belong
the spoils.” The title of “Major” given the agent was due to courtesy
and the legitimate pay afforded, being that of a major in the army.

The duties of the office are anything but agreeable to an officer who
has been educated for the profession of a soldier. Few are disposed
to do the incessant drudgery required of an effective agent. As a
rule, the permanency of office, the education and amour propre of
military life, raises the army officer above the temptations of the
ordinary politician; therefore, the chances of an honest
administration of affairs are very much in favor of the War
Department. To make that management more effective, reasonable
pay should be given competent men, as the expenses of frontier life
are usually considerable. Years are required to comprehend and
order, a practical management of people who are, in one sense, but
overgrown, vicious children. Such agents should be retained as long
as they remain honest and effective, regardless of church or political
creeds.

As the wild tribes recognize no authority but that of the lex-taliones;

by this law they should be governed. Any attempt to govern or
civilize them without the power to compel obedience, will be looked
upon by barbarians with derision, and all idea of Christianizing adult
Indians, while they realize the injustice done them by the whites, will
prove impracticable. The children may be brought under some
moderate system of compulsory education and labor, but the adults
never can be. Moral suasion is not comprehended as a power, for
the Indian’s moral qualities seem not to have been unfolded.
The savage is naturally vain, cruel and arrogant. He boasts of his
murders and robberies, and the tortures of his victims very much in
the same manner that he recounts his deeds of valor in battle, his
prowess in killing the grizzly, and his skill in entrapping the beaver.
His treachery, is to him but cunning, his revenge a holy obligation,
and his religion but a superstitious fear. The Indians that have
resorted to labor as a means of future support, should be
encouraged and continued under the care of civilians. Their religious
instruction, like that of the whites, may safely be left to their own
choice; but for the wild savage a just and humane control is
necessary for their own well-being, as well as that of the white
people; for even in this nineteenth century, life is sometimes
sacrificed under some religious delusion.

The war between different tribes is a natural result of their efforts to

maintain independent sovereignties. The motives that influence
them are not very unlike those that operate upon the most highly
favored Christian nations, except that religion, as a rule, has but
little to answer for, as they are mostly of one religious faith. All
believe in the influence of and communion with departed spirits. The
limited support afforded by the game of a given territory, frequently
compels encroachments that result in war. Ambition for fame and
leadership prompts young aspirants for the honors awarded to
successful warriors, and they bear an initiatory torture in order to
prove their fortitude and bravery, that would almost seem beyond
human endurance. After a reputation has been acquired as a
successful leader, old feuds must be maintained and new wars
originated to gratify and employ ambitious followers, or the glory
and influence of the successful chieftain will soon depart or be given
to some new aspirant for the leadership of the tribe. In their warlike
movements, as in all their private affairs, their “medicine men” are
important personages. They are supposed to have power to
propitiate evil spirits or exorcise them. They assume the duties of
physicians, orators and advisers in their councils, and perform the
official duties of priests in their religious ceremonies. In my inquiries
concerning their religious faith, I have sometimes been surprised, as
well as amused, at the grotesque expressions used in explanations
of their crude ideas of theology. With their mythology and traditions,
would occasionally appear expressions evidently derived from the
teachings of Christianity, the origin of which, no doubt, might have
been traced to the old Missions. The fugitive converts from those
Missions being the means of engrafting the Catholic element on to
the original belief of the mountain tribes. Their recitations were a
peculiar mixture, but they vehemently claimed them as original, and
as revealed to them by the Great Spirit, through his mediums or
prophets (their “medicine men”), in visions and trances. These
“mediums,” in their character of priests, are held in great veneration.

They are consulted upon all important occasions, let it be of war, of

the chase, plunder or of marriage. They provide charms and amulets
to protect the wearer from the evil influence of adverse spirits and
the weapons of war, and receive for these mighty favors donations
corresponding to the support afforded Christian priests and
ministers. The sanctification of these relics is performed by an
elaborate mysterious ceremony, the climax of which is performed in
secret by the priestly magnate. The older the relic, the more sacred
it becomes as an heirloom.

Marriage among the Indians is regarded from a business standpoint.

The preliminaries are usually arranged with the parents, guardians
and friends, by the patriarch of the family, or the chief of the tribe.
When an offer of marriage is made, the priest is consulted, he
generally designates the price to be paid for the bride. The squaws
of these mountain tribes are not generally voluptuous or ardent, and
notwithstanding their low and degraded condition, they were
naturally more virtuous, than has been generally supposed.

Their government being largely patriarchal, the women are subjects

of the will of the patriarch in all domestic relations. The result is,
that they have become passively submissive creatures of men’s will.
Believing this to be the natural sphere of their existence, they hold in
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