Fairfield's pioneer history of Lassen County, California to 1870, Part 16

Author: Fairfield, Asa Merrill, b. 1854
Publication date: 1916
Publisher: San Francisco : H. S. Crocker
Number of Pages: 566


USA > California > Lassen County > Fairfield's pioneer history of Lassen County, California to 1870 > Part 16


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In November William Andrews relocated the claim taken by M. S. Scott the 22nd of the previous January; Salmon Belden relocated the claims of Ford and Smith which he had purchased ; M. Doty and James Archy claimed Pyute valley and all the little valleys running into it. Perhaps this was what is now called Piute Meadows seven miles northwest of Susanville.


The 18th of this month A. C. Neale and Fanny Brown were married, the third couple to be married in the valley.


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In December P. Taylor & Co. claimed three sections running north and south, the Big hot spring being just a little south of their north line; Governor I. N. Roop appointed Dr. J. W. H. Stettinius his "legally authorized Deputy Recorder in and for Honey Lake valley"; E. G. Bangham and George Johnston claimed a half section of land on Susan river-location uncertain ; A. J. Demming, Z. N. Spalding, and C. P. Sheffield & Co. located the whole of "Little Antilope Valley"; John H. Banker took a half seetion on Gold Run above Lanigar and Nixon ; E. L. Varney claimed ten aeres east of Gov. Roop's sawmill; James Hunter claimed all the vacant land on Piute creek lying between the ranches of Roop and Weatherlow, but immediately relinquished his elaim as he found there was no vacant land between them. The same day he claimed a section lying on both sides of the river above Governor Roop's elaim. This month A. A. Holcomb kept the Susanville hotel in the Cutler Arnold log house.


During the summer and fall of 1859 and the following winter a change was made in the Roop, MeNaull & Co. sawmill, and the usual number of stories are told about it. Some say a new mill was built near the old one, others say the old mill was repaired. In the spring of 1859 a party from Petaluma, probably led by J. A. Hardin, passed through the valley on their way to Black Rock to prospeet. One of the party, Col. Lewis, soon came back to the valley and in company with "Dad" Wyatt, the man who escaped when Lassen was killed, bought the old sawmill and repaired it, or built a new one. It is also said that Wyatt was only a laborer in the mill. One story is that Roop owned an interest in the mill and another one is that he owned it all and Lewis was only working for him. Whatever the truth may be in regard to the ownership, somebody put a sawmill into shape to run and put in a circular saw. Almost everything about the mill was made of wood. The motive power was a twenty foot water wheel with a twelve foot breast. The pulleys were made of wood with iron axles. The parts of the machinery that could not be made of wood were brought over the mountains that fall and winter. In December while they were bringing in the saw, the first circular saw in the valley, a deep snow came on and they had to leave it in the mountains. Marcus E. Gilbert, an "emigrant" who had crossed the plains that summer, went after it. After being told where and how to find it, he took a handsled


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and started out on snowshoes although he had never traveled on them before. He was gone a long time, nearly two weeks, but he finally returned with the saw. Everything being taken into consideration, it was thought at the time to be quite a wonderful feat. The mill was ready to run late in the winter or early the next spring.


Part of this year, or perhaps all of it, L. N. Breed sold goods and whiskey in a little shack that stood on the east side of Piute creek and on the south side of the road. One day in the fall a crowd of emigrants from Missouri came into his place and a big fellow asked him what he charged for a horn of whiskey, the term meaning a drink. Breed named his price, probably twenty-five cents, and the man immediately drew a great ox horn from beneath his coat and said he would take one. The cheapest way to get out of it was to treat the crowd and this Breed did when the laugh had subsided.


During the latter part of the year Dr. Slater and F. S. (Sprig) Chapman built a large log house about three quarters of a mile northwest of Bankhead's. It stood on the south side of the road that goes along the foot of the mountain to Richmond and a short distance from where this road leaves the main road going to Susanville. It was perhaps twenty by forty feet and one and a half or two stories high, and was made of logs hewed square and dovetailed at the corners-quite a fine building for those days. It is said that the building was fitted up for a Masonic Hall and that the Masons met there once, but did not organize. A dance was given in this building between Christmas and New Year, 1859, and was called a Masonic dance, that is, given by the Masons or in honor of them.


It was reported that 1200 wagons and 4000 persons passed through the Honey Lake gateway during the summer and fall of 1859. Honey Lake valley received a very large emigration this year, perhaps the largest in its history.


Of those who came into the county in 1859 the following lived here all the rest of their lives and every one of them died here :


Eber G. Bangham, Dr. H. S. Borrette and his daughter Louise, George Greeno, Marshall Bronson and Wife, Robert Johnson and Wife, Samuel H. Painter and Wife, David Tither- ington, Jeremiah Tyler, Ephraim V. Spencer, John White (of


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Susanville), James Lawson, Loyal Woodstock, Horace Adams, *Timothy Darcey, Frank S. Strong, Thomas H. Fairchilds, Fred A. Washburn, William Leith, Otis N. Johnson and Wife, John Lowe, Jr., *Edward W. Bartlett, *Frank Thomas, *Nathan Phillips, *Thurston Thomas, Jacob McKissick, Alec. T. Arnold, Mrs. Evaline Allen (Mrs. Fred Hines), and Luther D. Spencer.


Of the following part of them lived in the county almost a lifetime and some of them are still living here :


Abraham L. Tunison, A. W. Worm (now Wern), William Milton Cain and Wife, Benjamin F. Sheldon, Alvaro, Allen, and J. Newton Evans, Robert E. and Albert E. Ross, F. A. Sloss, Stephen White, Joseph C. Wemple, J. Bristo and George Rice, George R. Lybarger, Charles Lawson, Mrs. Belle (Painter) Bond, Mrs. James Lawson, Mrs. Lucretia Chapman, Judge John S. Chapman, Lutie Chapman (Mrs. A. A. Smith), Mollie Chapman (Mrs. F. A. Sloss), and Benjamin E. Shumway and Family. (The children were Emerson B. and Mary Etta.)


The following lived in the county from two or three to twelve or fifteen years. Probably the last twelve or fourteen lived here the shortest length of time excepting T. H. Epley and W. H. Dakin.


Valentine J. Borrette and Family, Fred A. Borrette, Dr. P. Chamberlain and Family, F. S. Chapman, *William Corse, Charles T. Emerson, Judson Dakin, Cyrus Lawson, *Edward Mulroney and Family, #Hiram Utt, John C. Wright, John White, A. M. Vaughan, George W. Perry (called Buckskin Mose), C. M. West, E. R. Nichols, George Johnston, Samuel Marriott, Frank Drake, A. C. Hill and Family, John C. Dakin, Hugh and Andrew J. Rutledge, Ambrose, Noah, and Jonathan A. Robinson, A. A. Holcomb, Jacob S., Edwin C., and S. W. Hardesty, James Huntington, Jesse S. Hollingsworth, L. D. Sanborn, J. H. Anderson, John Tucker, John and James Barton, William Ham- ilton, Joseph Kitts, Marcus E. Gilbert, Peter Cahill, W. F. Warren, Colburn Brown, John M. Kelley, M. J. L. and Edwin P. Todd, Matthew Lusk, Fred Morrison, Byron B. Gray, John Dow, Henry Kingman, C. A. Kingman, Freeman Kingman, Rob- ert M. Cain, Thomas H. Epley and Wife, and William H. Dakin. WESTERN UTAH POLITICS. 1859


The Never Sweats did no independent polities this year. They dodged the Plumas county assessor and tax collector and


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helped the people of Western Utah in another attempt to get a new territory formed.


The Gold Hill placer diggings were discovered in January, 1859, and the Comstock Lode the following June. One or two days before the discovery of the latter, the miners of Gold Hill met, June 11, 1859, and adopted some rules and regulations for the government of that district. These rules were recognized but a short time, for there was such a rush to the mines that every- thing but mining excitement was forgotten and everything else swept away.


MOVEMENT OF 1859


As we have seen, the movement by the people of Western Utah in 1857 to have congress create a new territory was a failure; but there was a hostile feeling between the Mormons and the citizens of the United States, and the people of Western Utah determined to use this feeling to help them gain their end.


Some of the men who were watching for a chance to grind their political axes, so to speak, took the first opportunity to set the matter going again. T. and W. say they "gave direction to the popular feeling by calling a mass meeting for the 6th of June, that year, at Carson City, to take such action as would be best calculated to open the territorial question again. That meeting apportioned Carson county into voting precincts, called an election for July 14th to choose a delegate to visit Washington, and provided for a convention to convene at Genoa on the 18th of July to count the votes for the delegates and give the success- ful candidate his credentials, and take such other, not well defined, action as the emergency demanded. They also called a nominating convention of regularly appointed delegates from the various precincts to meet at Carson City on the 20th of June, whose duty was to place in the field candidates to be elected, at the same time with the congressional representative, as delegates to the Genoa convention."


This mass meeting was held six or seven days before the Comstock Lode was discovered, and this goes to show that the movement was by the settlers of the country instead of a transient population; for the influx of such a class after the discovery of silver swept away this half formed government.


The convention met at Genoa July 18th, 1859, and was called to order by A. G. Hammack. Col. J. J. Musser was chosen


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temporary chairman and John F. Long secretary. The com- mittee on credentials was Peter Nye of Walker's river, C. N. Noteware of Carson, John Neale of Honey Lake, Thomas Ander- son of Humboldt, and Warren Wasson of Long valley. Neale was chairman of the committee. Among those whom the com- mittee reported as entitled to seats in the convention the following were from the Honey Lake district: W. T. C. Elliott, one vote, J. Bowdone, one vote, A. F. Chapman, two votes, J. Williams, one vote, John Robinson, two votes, A. M. Vaughan, three votes, W. S. Bryant, one vote, J. O. Robertson, one vote, William Naileigh (Cap. Hill), one vote, I. Roop, one vote, J. H. Neale, one vote, and A. A. Smith, one vote. John S. Ward and Lewis Stark sent proxies. Honey Lake district had sixteen votes out of a total vote in the convention of sixty. There were six districts and no other district had more than twelve votes. Some of the permanent officers of the convention were J. J. Musser, president, and F. M. Proctor, Peter Nye, Isaac Roop, and J. L. Cary, viee- presidents.


The convention adopted a "Declaration of Cause for Separa- tion." It was "in some respects an exaggerated statement of the condition of affairs at that time, and causes leading the people to ask for a separate government." It was a sort of declaration of independence by the citizens of Western Utah. They framed and adopted a constitution to be submitted to a vote of the people on the 7th of the following September, and an election was ordered at the same time to fill the offices ereated by it. They counted the votes for the delegates to Washington and found that Maj. F. Dodge had 378 votes and that Crane had 439. F. and S. say that 84 votes were cast in the Honey Lake district. James M. Crane was declared elected.


They fixed the boundaries of the proposed territory of Nevada as "commencing at a point on the Sierra Nevada mountains where the 42nd degree of north latitude touches the summit of said mountains; thence southerly with said summit to the 35th degree of north latitude; thence east on said parallel to the Colorado river; thence up said river to its junction with the Rio Virgin; thence up said Rio Virgin to its junction with the Muddy river; thenee due north to the Oregon line; thence west to the place of beginning." This put Honey Lake valley into the proposed territory.


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They adopted a Memorial which amounted to about the same thing as the one sent to congress by the meeting held here in 1857, only it was a great deal shorter. It was signed by A. L. Dorsey, Chairman.


They also divided the proposed territory into districts and those in the neighborhood of Honey Lake were described as follows: "District No. one shall begin at a point on the summit of the Sierra Nevada mountains where the 42nd degree of north latitude crosses the summit, thence southerly with said summit to the head water of Elysian creek, thence down that creek to the big bend in said creek, thence in a straight line to the mouth of Willow creek, thence north to the Oregon line, thence along said line to the place of beginning. District No. two shall begin at the mouth of Willow creek, thence along the eastern shore of Honey lake to the north end of Pyramid lake, thence northeast to Rabbit Hole springs, thence north to the Oregon line, thence along said line to the east corner of District No. one, thence south to the place of beginning. District No. three shall commence at the head of Elysian creek, thence following the summit to a point opposite the dividing ridge between Honey Lake and Long valley, thence down said ridge to Long Valley river, thence on a direct line to the north shore of Pyramid lake, thence along the south line of Districts No. one and two to the place of beginning."


It will be observed that this convention made all the necessary arrangements for the organization of a Provisional Territorial Government.


The election was held on the seventh of September, but the returns were not preserved and it is impossible to tell how many votes were cast. The following persons ran for office: For governor, Isaac Roop and John A. Slater, both of Honey Lake valley. For secretary of state, A. S. Dorsey, auditor, John D. Winters, treasurer, B. L. King. T. and W. say: "The above, with the exception of Dr. Slater, were probably elected ; but none of them were ever called upon to serve excepting Governor Roop. From a newspaper clipping, found in the Governor's scrap book, it appears that the majority for the constitution was about 400 votes. The following election certificate tells its own tale : 'I, J. J. Musser, president of the constitutional convention held in Genoa, in July, A. D., 1859, and chairman of the board of canvassers appointed by that convention to canvass the votes


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cast at the election for officers under the constitution of Nevada territory, held throughout said territory, on the 7th day of September, A. D., 1859, do hereby certify, that said board of canvassers failed to meet at the appointed time and place to discharge the duties assigned to them. I further certify that the votes cast at the said election were received by me, and that I have examined and cast up the vote of said election returns that came to me unsealed, from which I do hereby certify that a large majority of the votes cast on that occasion were in favor of the constitution, and also that Isaac Roop was elected governor of the said territory by a large majority.' "


"Immediately after the foregoing election, John S. Child held a session of court at Genoa on the 12th of September, with P. H. Lovel as his clerk. This was the first legal court held in Carson county after April 13, 1857, when Charles Loveland presided, just before the Mormons let for Salt Lake."


Judge Crane, the congressional delegate, died suddenly at Gold Hill from heart disease, on the 27th of September. Another election was called for November 12, 1859, to fill the vacancy, and at that time J. J. Musser was elected and soon afterwards started for Washington.


After he had gone Isaac Roop subscribed to the following oath of office :


"Territory of Nevada,-ss.


"I do solemnly swear that I will support the constitution of the United States, and the constitution of the territory of Nevada, and that I will to the best of my ability perform all the duties of governor of said territory during my continuance in office.


"Isaac Roop."


"Subscribed and sworn to before me this thirteenth day of December, A. D. one thousand eight hundred and fifty-nine.


"F. M. Preston,


"U. S. Commissioner, Second Judicial District, U. T."


THE MEETING OF THE LEGISLATURE OF NEVADA


The date set for this meeting was December 15th, 1859. Governor Roop made the journey from Susanville to the Carson valley on horseback. It was very cold weather and when he reached Huffaker's he was almost frozen to death. He rode up beside the house, but could not get off his horse. Before long the folks in the house saw him and came out and carried him inside.


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When they found out his condition they put him into a cold room, put his hands and feet into cold water, and made him drink cold water until he was thawed out. He felt no ill effects from his experience and this treatment probably saved his life.


On Thursday, December 15th, he went from Carson City to Genoa to meet the members elected to the Council and the House of Delegates of Nevada Territory. There was not a quorum of the members of either house present. They knew the conditions and were in favor of waiting to see what action congress would take in regard to organizing the territory of Nevada. By staying at home they saved themselves a cold, disagreeable journey.


INFORMAL MEETING OF THE LEGISLATURE


Those who were present, however, decided to hold an informal meeting. A report of this meeting was printed in the "Terri- torial Enterprise" published at Carson City December 24, 1859.


They convened at the house of James Blake of Genoa, Thurs- day, December 15, 1859. O. H. Pierson was elected temporary chairman and H. F. Thompson, secretary. M. S. Thompson of Black Rock, G. W. Hepperley, and B. Sears of Genoa were appointed to select permanent officers. This committee reported for Speaker of the House, O. H. Pierson of Carson City, for Clerk, H. F. Thompson of Genoa, and for Sergeant-at-Arms, John A. McDougal of Genoa, and on motion they were duly elected.


"On motion of M. S. Thompson, a committee of three were appointed to wait upon Governor Roop, and notify him that the House were waiting for his message.


Soon the Governor made his appearance; and after a few brief remarks, presented his message to the Speaker, which was read by the Clerk."


"Proclamation To the people of Western Utah included within the boundaries of the proposed territory of Nevada.


"Having been duly elected by you as Executive of the pro- visional territorial government of Nevada territory, and deeming it my duty to address you upon the subject of our separation from the curse of Mormon legislation, I present to you my reasons why an organization of the provisional government, would, at the present time, be impolitic.


"At the time we were compelled to assemble, in our sovereign capacity, to endeavor to rid ourselves of the Theocratic rule of


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Mormonism, we had no protection for life, limb, or property. We had in vain petitioned congress for relief against the unjust and illegal attempts of Mormons to force upon us laws and customs obnoxious to every American. We had no Courts, no county organizations, save those controlled by the sworn satellites of the Salt Lake Oligarchy. Our political rights were entirely at the will of a certain clique composed of those who were opposed to the first principle of our constitution, 'freedom of the ballot- box.' Under these circumstances, we endeavored to relieve our- selves from these impositions, and believing that a provisional territorial government would best assure us protection to life, limb, and property, we held our election and made all necessary arrangements for the formation of a temporary Government, until congress should give us justice and protection.


"Since our election, we have been deprived, by a dispensation of Providence, of our esteemed Delegate to Congress, James M. Crane, whose whole energies were devoted to the best interests of our people, and who carried with him to the grave the kindest wishes of us all, and who should have inscribed on his tomb-stone, 'An honest man, the noblest work of God.'


"Within the past few months, an attempt has been made by Judge Cradlebaugh, to establish a United States District court in this district. Coming among us as he did, with the prestige of his noble stand against Salt Lake Legislation, we at once yielded to him and his Court all the respeet ever accorded in any community. But notwithstanding all his endeavors, backed by all the good wishes of the people, the so-called laws of Utah territory have proved to him an insurmountable barrier.


"We have now en route to Washington, as Delegate to con- gress, to represent us and our wishes, John J. Musser, unani- mously elected by the people to fill the vacancy occasioned by the decease of the lamented Crane, in whom we all place the most implicit confidence.


"The recent discoveries of Gold, Silver, Copper, and Lead Mines, have caused an influx of population totally unexpected at the time of our late Convention. The new immigration is com- posed of the bone and sinew of California, all men who are disposed to pay all due obedience to Laws which extend to them reasonable protection.


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"Under the circumstances, but few members of the Council and House of Delegates have assembled in accordance with the call for their election.


"Now, therefore, I, Isaac Roop, Governor of the provisional territorial government of Nevada territory, believing it to be the wish of the People still to rely upon the sense of Justice of congress, and that it will this session relieve us from the numer- ous evils to which we have been subjected, do proclaim the session of the Legislature adjourned until the first Monday of July, 1860, and call upon all good citizens to support, with all their energies, the Laws and Government of the United States.


"Done at Genoa, December 15th, A. D. one thousand eight hundred and fifty-nine.


"Isaac Roop, Governor."


After the reading of the Governor's message and its accept- ance by the Legislature, they adjourned until the following day. At their next session they appointed a committee composed of J. Williams, J. K. Trumbo, W. W. Smith, and Governor Roop to draft a memorial to congress to facilitate the formation of the new territory of Nevada. They also adopted several resolutions. The first one stated their faith in the ability, integrity, and determination of Musser, and their belief that under the cir- cumstances it would be best to adjourn and trust to the justice of congress. The second one indorsed the memorial sent to the Federal government, and again asked congress to grant their petition. The third indorsed the Governor's message. They then tendered a vote of thanks to the officers of the Legislature and to Mr. Blake for the use of his room, and adjourned until the first Monday in July, 1860.


Mr. Musser failed to get congress to take immediate action in the formation of the new territory of Nevada, and he came back to Carson county.


INDIAN TROUBLES. 1859


During the year 1859 the Never Sweats had no war with the Indians. Stock was stolen from the ranges-considerable from the lower end of the valley-but only once was enough taken at a time to cause any action on the part of the settlers. John Byrd, also called "Old Jack," "Uncle Jack," and "Captain" Byrd, lost more stock than any one else. His ranch was the farthest


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one down the valley, he had more stock than any one else, and it ranged to the north and east of his ranch where it was exposed to the raids of the Indians.


Byrd says that this summer the Indians made a raid into the valley and drove off a large number of his cattle. He imme- diately got together all the volunteers he could and went in pursuit. The trail was easy to follow because there were so many cattle and because the pursuers kept passing weak ones that had given out and been left behind. The white men rode as fast as they could and on the second day came in sight of the Indians. For several miles before this the savages had been shooting the cattle and this they kept up until the whites were almost within gunshot. They then abandoned the remaining cattle and got away without any loss to themselves.


Byrd says that he lost one hundred and twenty American cattle this time and that the Pi-Utahs were the guilty ones, but the latter must have been only surmise. He also says that he raised forty or fifty volunteers, and that among their number were William Maskelyne, William Hamilton, Thomas Fairchilds, Judson Dakin, and Jacob McKissick. If this is true, his stock must have been stolen in the fall, for Dakin and McKissick crossed the plains this year.




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