Discovery of the Yosemite - Chapters XVI-XVIII



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CHAPTER XVI.
A Trip to Los Angelos--Interview with Col. McKee--A Night at Col. 
Fremont's Camp--Management of Cattle by the Colonel's Herdsmen--Back to 
Los Angelos--Specimen Bricks of the Angel City--An Addition to our Party--
Mules Versus Bears--Don Vincente--A Silver Mine--Mosquitos--A Dry Bog--
Return to Fresno--Muster out of Battalion--A Proposition.

ON arriving at head-quarters on the Fresno, with the remnant of the once 
numerous and defiant band of Yosemite Indians, whose thieving propensities 
and murderous attacks had made them a dread to miners and "ranche" men; we 
found a general feeling of confidence that the "Indian war" was ended. The 
commissioners, with a special escort of U. S. soldiers which had 
accompanied them from San Francisco, had gone to King's River to treat 
with the bands collected for that purpose; and were then to visit the 
region farther South on their way to Los Angelos, where they expected to 
meet and co-operate with Gen. Bean, who was stationed with his volunteer 
force at the Cahon Pass. Major Savage had learned from his Indians, who 
once more seemed to idolize him, that all the bands in the vicinity of the 
Kings and Kah-we-ah rivers, had "made peace," and that the commissioners 
had started for Te-jon Pass.

Considering the Indian outbreak as completely suppressed, the major at 
once reported the condition of affairs to the governor, and recommended 
that the "Mariposa Battalion" be mustered out and honorably discharged 
from 

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further service. He sent Captain Boling to report in person to the 
commissioners. I was detailed as one of the Captain's escort, and Mr. 
Winchester, a newspaper correspondent, accompanied us. Captain Boling 
expected to overtake the commissioners at Te-hon Pass.

This trip was in no way objectionable to me, for I was desirous to visit 
that part of the country with a view of selecting a location, if I found 
my plans to be practicable. Through the advice of Major Savage, I had in 
contemplationa design to establish a trading post in the vicinity of Te-
hon Pass. In this project, I was assured of the Major's friendship and co-
operation as soon as the battalion was mustered out. He designed to extend 
his trading operations, and thought that a post in the vicinity of the 
pass would control the trade destined to spring up on both sides of the 
mountains. I was provided with recommendations to the commissioners, to 
use in case I desired a trader's permit on one of the reservations. The 
commissioners were while en route prospecting for locations and selections 
of public lands for the Indians. The object of these selections, was to 
make the experiment of engaging them in agricultural pursuits under the 
management of the general government. I had but little confidence that the 
latter could be made self-supporting wards of the nation; but I was 
willing in political as in religious affairs, that each zealot should 
believe that he had discovered a sovereign balm for the wants of humanity. 
However, self-interest prompted me to be observant of passing events.

I was aware, even at that early day, that the California Indians had 
become objects of speculation to the "rings" that scented them as 
legitimate prey. The trip to the Te-jon Pass was made without incident or 
accident to delay our movements, but on our arrival it was found that the 
Commissioners had been gone several days, and were 

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probably then in Los Angelos. This we learned from an Indian styled by his 
"christian name" Don Vincente. This chief was a Mission Indian, and spoke 
some Spanish. His people, although in appearance hardly equal to the 
mountain tribes, provided themselves with fruit and vegetables of their 
own raising.

From "Senor Don Vincente" we obtained roasting ears of corn, melons, etc., 
which were an agreeable surprise. While on the trip we had found game in 
abundance, and, surfeited with fresh meat, the vegetables seemed better 
than any we had ever before eaten. Vincente's system of irrigation was 
very complete.

Captain Boling was not anxious to follow the trail of the Commissioners 
beyond this camp. I had already informed him of my desire to see the 
Commissioners and make some examination of that locality before our 
return. He therefore decided to retrace his own steps, but to send me on 
as a special messenger to the Commissioners.

He instructed me to make all possible despatch to deliver his report and 
messages, but on my return trip I had liberty to make such delays as 
suited my convenience. He also wished me to convey a verbal message from 
Major Savage to Colonel Fremont, to the effect that the Indians 
congregated at the Fresno were anxiously awaiting the arrival of some of 
his cattle. Col. Fremont had already made a large contract for supplying 
them with beef, and was supposed to be in Los Angelos or vicinity, buying 
up animals for the agencies. My arrangements for following the 
Commissioners were hardly commenced, before Col. William T. Henderson, and 
ranchman from near Quartzberg, rode up to our camp. He was an 
acquaintance, and was on his way to Los Angelos with a King's River Indian 
guide. I at once saddled my mule, and taking an extra animal furnished for 
the occasion, joined Henderson, making the trip a more agreeable and 
pleasant one than I had anticipated.

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Col. Henderson afterwards became famous, at least among his friends, as 
chief instrument under Captain Harry Love, of causing the death of 
"Joaquin Muriata" and "Three fingered Jack," and in capturing two or three 
of Muriata's band of robbers. On entering the city of Los Angelos, I found 
Col. McKee at his hotel. Neither Col. Barbour nor Col. Fremont were in the 
city. Doctor Woozen-croft was in San Francisco. I was cordially received 
and hospitably entertained by Col. McKee while I made my report, and 
answered his questions. At his request, I stated a few facts relating to 
the Yosemite Valley, and he appeared an interested listener; but 
distinguishing a look of incredulity, when I gave him my estimates of 
heights, I made the interview as brief as possible. Ascertaining that Col. 
Fremont was only a few miles from the city, I rode out to his camp, 
delivered my message, and gave him a general view of the situation in 
Mariposa county, where his famous estate is situated. I staid over night 
with him and was hospitably provided for.

The Colonel's whole bearing was that of an accomplished man of the world, 
and I felt that I was in the presence of a gentleman of education and 
refinement. During the morning I watched his vaqueros or herdsman training 
the cattle preparatory to starting north for their destination. This 
breaking-in process was accomplished by driving them in a circle over the 
plain near the camp, and was done to familiarize them with each other, and 
with the commands of the herdsmen, before attempting to drive them from 
their native grazing grounds.

On my return to the city I again called on Colonel McKee to see if he had 
any return message to Major Savage. On my first visit the subject of 
reservations was not presented. Upon this occasion it was naturally 
brought up by an allusion to the Colonel's plan of "christianizing" the 
poor

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Indians. My doubt of the feasibility of this work was better concealed 
than were his doubts of my heights of the Yosemite, and with considerable 
fervor the good old gentle man unfolded his plans for the christianizing 
of the Indians. His estimate of the number in Mariposa county was simply 
fabulous, and when I quietly asked him if he supposed there were really so 
many, he, with some choler, answered, "Why, sir, these figures are 
official."

During this conversation, I was informed that the Fresno, King's River and 
Te-jon Pass selections would be recommended, although it appeared that the 
latter was claimed as an old and long disputed Spanish grant. On stating 
that I had had some idea of locating in the vicinity of the Te-jon Pass as 
soon as that selection was decided upon, I was advised by Colonel McKee to 
be in no haste to do so, but was assured of his good will in any 
application I might make after their policy was established; for, added 
the Colonel, "Major Savage has already spoken of you as an energetic and 
efficient person, and one calculated to materially aid us in future work 
with these Indians."

Let it suffice here to say, that I never made application for a permit as 
a licensed trader on any Indian reservation; and I am not yet aware that 
any of these reservations have afforded the Indians means of self-support. 
I was somewhat familiar with the management of the Fresno agency, and do 
not hesitate to say that it was not wholly commendable. I was not 
personally familiar with that of the Te-jon Pass agricultural management. 
This was one of the most delightful regions of California; and the region 
covered by the Mexican or Spanish grant was, in my opinion, intrinsically 
more valuable than the whole of the celebrated Mariposa estate of Col. 
Fremont, which had "millions in it." After a vast amount of money had been 
expended on this reservation by the general government, I believe it was 

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confirmed as a Spanish or Mexican grant, and finally passed into the 
possession of General Beal, who was for some years Superintendent of 
Indian Affairs in California. I never saw General Beal, and therefore was 
only able to judge of him or his management through his official reports 
and letters relating to the Indian Affairs of California. These will 
receive some special notice further on.

My recollections of the interviews with Colonel McKee, are of a most 
agreeable character. The sincerity with which he advised me with regard to 
my individual affairs, and the correctness of his representations of the 
prospective condition of the Tejon Pass, if it should prove a valid 
Mexican grant, was serviceable to me, and subsequent events verified his 
judgment. Colonel McKee was a high-minded christian gentleman, but really 
unsuited to deal with the political element then existing on the Pacific 
coast. The other two commissioners, Colonel Barbour and Dr. Woozencroft, I 
never became acquainted with, though upon one occasion I met Colonel 
Barbour at head-quarters, and received a very favorable impression 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. 

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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 

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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 scram bled 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 

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been informed existed somewhere in the locality of the Tejon. 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 

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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 

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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 

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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 me 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 

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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 with 
out 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 

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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 

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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.



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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 

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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 

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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 

Page 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 

Page 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 

Page 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 canyon 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 

Page 278

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 

Page 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 

Page 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 

Page 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 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 

Page 282

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.

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 

Page 283

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 

Page 284

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 

Page 285

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 

Page 286

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 

Page 287

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 solider. 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, 

Page 288

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 exercise them. They 
assume the duties of physicians, orators and advisers in their councils, 
and perform the official duties of 

Page 289

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, 

Page 290

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 contempt one who 
performs menial labor, which they have been taught belongs to their sex 
alone.

The habits of these mountain tribes being simple; their animal passions 
not being stimulated by the condiments and artificial habits of civilized 
life; they, in their native condition, closely resembled the higher order 
of animals in pairing for offspring. The spring time is their season of 
love. When the young clover blooms and the wild anise throws its fragrance 
upon mountain and dell, then, in the seclusion of the forest are formed 
those unions which among the civilized races are sanctioned by the church 
and by the laws of the country.

[image caption: LAKE STAR KING.]



Page 291a

CHAPTER XVIII.
Murder of Starkey--Death of Ten-ie-ya and Extinction of his Band--A few 
Surviving Murderers--An Attempt at Reformation--A Failure and loss of a 
Mule--Murders of Robert D. Sevil and Robert Smith--Alarm of the People--A 
False Alarm.

DURING the winter of 1852-3, Jesse Starkey and Mr. Johnson, comrades of 
the Mariposa battalion and expert hunters, were engaged in supplying 
miners along the Mariposa Creek with venison and bear meat. They were 
encamped on the head waters of the Chow-chilla and fearing no danger, 
slept soundly in their encampment. They had met Indians from time to time, 
who seemed friendly enough, and even the few escaped Yosemites who 
recognized Starkey, showed no sign of dislike; and hence no proper 
precautions were taken against their treachery.

A few days only had passed in the occupation of hunting, when a night 
attack was made upon the hunters. Starkey was instantly killed, but 
Johnson, though wounded, escaped to Mariposa on one of their mules.

James M. Roan, Deputy Sheriff under Captain Boling, took direction of the 
wounded man, and with a posse of but 15 miners, went out to the Chow-
chilla, where they found the naked and mutilated remains of poor Starkey, 
which they buried uncoffined at the camp.

After that sad duty was accomplished, the little party of brave men 
pursued the trail of the savages into the Snowy Mountains, where they were 
overtaken and given merited chastisement. Three Indians fell dead at the 
first fire, while others were wounded and died afterwards.

Page 291

No united effort was made to repel the whites, and panic-stricken, the 
renegade robbers fled into their hidden recesses. Cossom, an Indian 
implicated, confessed, long afterwards, that their loss in the attack was 
at least a dozen killed and wounded, and that the robber murderers of 
Starkey were renegade Yosemite and other Indians who had refused to live 
at the reservation. It was several months after Mr. Roan's encounter with 
those Indians before I learned the full particulars, and when any of the 
remnants of the band of Yosemites appealed to me for aid, I still gave 
them relief.

During the summer of 1853, Mr. E. G. Barton and myself were engaged in 
trading and mining on the Merced. We had established a station on the 
north side of the river, several miles above the mouth of the North Fork. 
We here had the patronage of the miners on the river and its branches 
above, as well as in our own vicinity, and from the North Fork. From some 
of the miners who visited our store from the vicinity of the South Fork, I 
learned that a short time before, a small party of the Yosemities had come 
to their diggings and asked for food and protection from their enemies, 
who, they said, had killed their chief and most of their people, and were 
pursuing themselves. The affrighted and wounded wretches reported to them 
that they had been attacked while in their houses by a large party of 
Monos from the other side of the mountains, and that all of their band had 
been killed except those who had asked protection.

The miners had allowed the Indians to camp near by, but refused to give 
them any but a temporary supply of food.

Knowing that I was familiar with the Valley, and acquainted with the band, 
they asked my advice as to what they ought to do with their neighbors.

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Feeling some sympathy for the people who had made their homes in the 
Yosemite, and thinking that I might aid and induce them to work as miners, 
I sent them word to come down to our store, as there were plenty of fish 
and acorns near by. A few came, when I told them that if in future they 
were good Indians, the whites would protect them from their enemies, and 
buy their gold. They expressed a willingness to work for food and clothing 
if they could find gold.

I furnished them some tools to prospect, and they came back sanguine of 
success. A Tu-ol-um-ne Indian named "Joe," and two or three families of 
Yosemities came down and camped on Bull Creek and commenced to gather 
acorns, while "Joe" as head miner, worked with the others in the gulches 
and on the North Fork. This experiment of working and reforming robbers 
soon proved a failure, for upon the death of one of them who had been 
injured, they could not be induced to remain or work any longer, and
"Joe," and his new followers stampeded for the Hetch-Hetchy Valley.

From these Indians, and subsequently from others, I learned the following 
statements relative to the death of Old Ten-ie-ya. After the murder of the 
French miners from Coarse Gold Gulch, and his escape from Lieut. Moore, 
Ten-ie-ya, with the larger part of his band, fled to the east side of the 
Sierras. He and his people were kindly received by the Monos and secreted 
until Moore left that locality and returned to Fort Miller.

Ten-ie-ya was recognized, by the Mono tribe, as one of their number, as he 
was born and lived among them until his ambition made him a leader and 
founder of the Pai-Ute colony in Ah-wah-ne. His history and warlike 
exploits formed a part of the traditionary lore of the Monos. They were 
proud of his successes and boasted of his descent from 

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their tribe, although Ten-ie-ya himself claimed that his father was the 
chief of an independent people, whose ancestors were of a different race. 
Ten-ie-ya had, by his cunning and sagacity in managing the deserters from 
other tribes, who had sought his protection, maintained a reputation as a 
chief whose leadership was never disputed by his followers, and who was 
the envy of the leaders of other tribes. After his subjugation by the 
whites, he was deserted by his followers, and his supremacy was no longer 
acknowledged by the neighboring tribes, who had feared rather than 
respected him or the people of his band. Ten-ie-ya and his refugee band 
were so hospitably received and entertained by the Monos that they seemed 
in no hurry to return to their valley.

According to custom with these mountaineers, a portion of territory was 
given to them for their occupancy by consent of the tribe; for individual 
right to territory is not claimed, nor would it be tolerated. Ten-ie-ya 
staid with the Monos until late in the summer or early autumn of 1853, 
when he and his people suddenly left the locality that had been assigned 
to them, and returned to their haunts in the Yosemite valley, with the 
intention of remaining there unless again driven out by the whites. 
Permanent wig-wams were constructed by the squaws, near the head of the 
valley, among the rocks, not readily discernable to visitors. Not long 
after Ten-ie-ya had re-established himself in his old home, a party of his 
young men left on a secret foraging expedition for the camp of the Monos, 
which was then established at or near Mono Lake. According to the 
statement made to me, there had just been a successful raid and capture of 
horses by the Monos and Pai-Utes from some of the Southern California 
ranchos, and Ten-ie-ya's men concluded, rather than risk a raid on the 
white men, to steal from the Mono's, trusting to their cunning to escape 
detection.

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Ten-ie-ya's party succeeded in recapturing a few of the stolen horses, and 
after a circuitous and baffling route through the pass at the head of the 
San Joaquin, finally reached the valley with their spoils.

After a few days' delay, and thinking themselves secure, they killed one 
or more of the horses, and were in the enjoyment of a grand feast in honor 
of their return, when the Mono's pounced down upon them. Their gluttony 
seemed to have rendered them oblivious of all danger to themselves, and of 
the ingratitude by which the feast had been supplied. Like sloths, they 
appear to have been asleep after having surfeited their appetites. They 
were surprised in their wig-wams by the wronged and vengeful Monos and 
before they could rally for the fight, the treacherous old chief was 
struck down by the hand of a powerful young Mono chief. Ten-ie-ya had been 
the principal object of attack at the commencement of the assault, but he 
had held the others at bay until discovered by the young chief, who having 
exhausted his supply of arrows, seized a fragment of rock and hurled it 
with such force as to crush the skull of "the old grizzly." As Ten-ie-ya 
fell, other stones were cast upon him by the attacking party, after the 
Pai-ute custom, until he was literally stoned to death. All but eight of 
Ten-ie-ya's young braves were killed; these escaped down the valley, and 
through the canyon below.

The old men and women, who survived the first assault, were permitted to 
escape from the valley. The young women and children were made captives 
and taken across the mountains to be held as slaves or drudges to their 
captors. I frequently entertained the visitors at our store on the Merced 
with descriptions of the valley. The curiosity of some of the miners was 
excited, and they proposed to make a visit as soon as it could be made 
with safety. I expressed the opinion that there would be but little 

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danger from Indians, as the Mono's and Pai-utes only came for acorns, and 
that the Yo-sem-i-ties were so nearly destroyed, that at least, while they 
were mourning the loss of their chief, and their people, no fear need be 
entertained of them.

Three of these miners, from the North Fork of the Merced, visited the 
valley soon after this interview. These men were from Michigan. Their 
glowing descriptions on their return, induced five others from the North 
Fork to visit it also. On their return trip they missed the trail that 
would have taken them over the ridge to their own camp and kept on down to 
the path which led to our establishment. While partaking of our 
hospitalities, they discussed the incidents of their excursion, and I was 
soon convinced that they had been to the Yosemite. They spoke of the lower 
and the high fall rather disparagingly, and expressed disappointment, when 
told of the existence of cascades and cataracts, that they had not known 
of or seen. I questioned them as to Indians, and learned that they had not 
seen any on the trip, but had seen deserted huts below the canyon.

I learned soon after, from some miners from the mouth of the "South Fork," 
that all of the Yosemites who had camped on the flats below the canyon, 
had left suddenly for the Tuolumne. These two parties were the first white 
men that visited the Yosemite Valley after the visit of Lieut. Moore, the 
year before (1852). The names of these miners have now passed from my 
memory, but I afterwards met one of these gentlemen at Mr. George W. 
Coulter's Hotel, in Coultersville, and another at Big Oak Flat, and both 
seemed well known to Lovely Rogers and other old residents. I was shown, 
by the first party, some good specimens of gold quartz that had been found 
on the north side of the Merced below the canyon. Late in the fall of this 
year (1853), three of the remnant of Ten-ie-ya's band came to our store. 
They did not offer to trade, and when questioned, told me that they 

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had been camping on the Tuolumne, and had come down to the Merced to get 
some fish. I gave them some provisions, and they left, apparently 
satisfied if not thankful. A few nights afterwards, one of our best mules 
disappeared. This mule was a favorite mountain animal, sure footed and 
easy gaited under the saddle. In following up its tracks, I discovered 
that it had been stolen by Indians, and my suspicions were that my 
Yosemite friends were the culprits. I made every effort to recover the 
animal, but without success.

After the close of the mining season in the fall of 1853, we left our 
trading establishment and mining works in charge of two men in our employ, 
Robt. D. Sevil, of Smyrna, Delaware, and Robt. Smith, a Dane. The 
establishment was visited from time to time, by either Barton or myself 
during the winter of 1853-54, when upon one occasional visit, it was found 
by Mr. Barton to have been plundered. With Nat. Harbert, a brave Texan, I 
at once started for the establishment, only to find it a scene of 
desolation. I was informed by some miners who had been out prospecting, 
that the body of Smith had been found on a slaty point in the river below, 
but that nothing could be discovered of Sevil, or the murderers. We found 
the tracks of Indians and traced them to the mountains, but failed to find 
their hiding places. We lost their trail over the bare, slaty ground above 
the river. The tracks had indicated to us that Indians were the murderers, 
before we had learned from the miners the circumstances connected with the 
finding of Smith's body. It had been pierced by nine arrows, five of which 
were still found quivering in his flesh. Upon the discovery of the body by 
the miners, a burial party was led by Doctor Porter, from the North Fork, 
to the scene of the murders; and with the assistance of his associates, 
Mr. Long, and others, it was given proper burial. The body of 

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Sevil was not found until long afterwards. When discovered, it was 
undistinguishable, but from the location in the river, we had no doubt of 
its identity. I reported the murders and robbery to the authorities of 
Mariposa county. Captain Boling was sheriff; but having business that 
required his urgent attention, deputized me to act for him in the matter. 
He expressed a decided belief that the murders had been committed by the 
Yosemities. He recommended me to take a strong posse with me, and to be 
cautious and guarded against treachery; saying: "You know as well as I do, 
that all of the Yosemities are murderers and thieves." In reply, I 
informed him of the killing of Ten-ie-ya and nearly all of his band by the 
Monos; and told him that I had ridden alone through the country wherever 
business called me, and that whenever I had met any of the old band they 
seemed quite friendly. The Captain said he would not visit the valley 
without sufficient force to protect himself. Upon telling him of the 
encampment on the Tuolumne, Captain Boling said that was beyond his 
jurisdiction.

Mr. Harbert and myself concluded to make a thorough exploration for the 
murderers, and with this object in view, rode to Marble Springs, and 
commenced our search along the Tuolumne divide, hoping to find some place 
where the tracks would be found once more concentrated. After a tiresome 
search, without success or encouragement, we went down to the camp of the 
miners, on the North Fork, to consult with them. We found old 
acquaintances among these gentlemen, and Dr. Porter and Mr. Long were 
especially hospitable. It was the opinion of these intelligent gentlemen, 
that the murderers had gone to the Upper Tuolumne river and were banded 
with the renegades of the Tuolumne tribe that had once been under Ten-ie-
ya. They expressed the belief that not less than twenty men should 

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undertake an expedition against them. As the principal articles stolen 
from our store were clothing and blankets, it was supposed the murderers 
would probably be found near some of the acorn caches in the mountain 
canyons.

Feeling it would be useless to attempt anything further without an 
authorized expedition, we left the North Fork and our hospitable friends, 
and at once returned to Mariposa, where I reported to Sheriff Boling and 
Judge Bondurant the result of our trip. These officials decided that the 
territory which it would be necessary to explore, was not within their 
jurisdiction. That they had no authority to declare war against the 
Tuolumne Indians, but said that they would report the circumstances of the 
murders and robberies to the military authorities, to the Governor, and to 
the officials of Tuolumne county. Here the matter rested, and nothing more 
was ever done by public authority. I was afterwards advised to put in a 
claim on the two hundred and fifty thousand dollars voted by Congress for 
the Indians of California; but after some consideration of this advice, my 
conclusion was that the original claimants to this money would scarcely be 
willing to make any division of their legitimate spoils.

Although no action had been taken by the authorities, the murders of Sevil 
and Smith soon became generally known, and the inhabitants of Mariposa 
became alarmed from the rumors in circulation, of another general out-
break. I visited the Fresno Agency and found that the Indians there had 
heard of the raid on our establishment, and, on interrogating them, they 
expressed the opinion that the Yosemites were the ones who had murdered 
the men. Their theory of the attack was, that they had first killed the 
men for the sake of the clothing on their persons, and afterwards had 
robbed the store of the clothing and blankets, because they were cold in 
their mountain retreat, and yet 

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dared not live among other people. Some of these, at the Fresno, said that 
if the whites would fit out an expedition, they would go and help kill the 
murderers; "for," said they, "those are bad Indians. They dare not visit 
the reservation, for we know that they would steal from us and the white 
people, and then we would all be made to suffer from their misconduct. We 
are now afraid to leave the reservation to hunt, lest we be mistaken and 
killed for what they have done."

I was convinced by my visit to the agency, that there was no grounds for 
fear of another outbreak among the Indians. I traveled about as I had 
usually done before. I was cautious in out-of-the-way places, but I cannot 
say that I hesitated at any time to prospect. When I heard people express 
an opinion that it would be dangerous to enter the Yosemite Valley without 
a strong escort, I refrained from expressing my convictions. I felt 
unwilling to publicly oppose the opinions of some of my late comrades, 
more especially after my recent experience with the Yosemites. During the 
summer of 1854 no visits were made to the valley, as far as I know, and if 
there had been, I was so situated as likely to have been acquainted with 
the fact. Many of my old companions in the battalion, never shared my 
admiration for the Yosemite. Their descriptions were so common-place as to 
lead the people of the village of Mariposa to suppose that, as a 
curiosity, the scenery would scarcely repay the risk and labor of a visit. 
The murders of Smith and Sevil deterred some who had designed to visit the 
valley that season. The nervous ones were still further alarmed by a 
general stampede of the miners on the South Fork of the Merced, which 
occurred in the summer of that year (1854). This was caused by a visit to 
their neighborhood of some Pai-Utes and Monos, from the east side of the 
Sierras, who came to examine the prospects for the 

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acorn harvest, and probably take back with them some they had cached.

This visit of strange Indians to some of the miners' camps, was not at 
first understood and a wild alarm was raised without a comprehension of 
the facts of the case. Captain Boling, as sheriff, summoned to his aid a 
number of the old members of his company. I was one of the number. We made 
a night ride to the place of alarm, and on arriving, found that we had 
been sold. We felt chagrined, although it was gratifying to learn that 
alarm had been made without a cause. An old '49er, that we found, 
apologized for the verdants. He said: "Probably, as long as men continue 
about as they now are, we must expect to find fools in all communities; 
but, if a premium for d-- fools should be offered by any responsible 
party, you will see a bigger stampede from these diggings than these 
Indians have made." The whiskey was ordered for the old stager, and the 
apology considered as acceptable. We returned to Mariposa wiser, if not 
better men.