USA > California > Lassen County > Fairfield's pioneer history of Lassen County, California to 1870 > Part 31
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During all the time the fighting was going on Roop had been going back and forth between the fort and the town. He talked with the Plumas county officers and tried to make peace. Pierce was angry and was very rough, but Byers rather stood up for the Honey Lakers and told him that they thought they were fighting for their rights and deserved some consideration. Fin-
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ally it was agreed to suspend hostilities for a while, and Drake, Lewers, and Streshly carried out a white flag and stopped the fighting for three or four hours. During the truce Tom. Bare, who was a lame man, went limping past the barn. Some one in it asked him if he wouldn't like to buy a sound leg. He replied that he would, and if any of them had one when the fight was over he would buy it from him.
While the battle was in progress things were going on in the town and throughout the valley just about the same as usual. Probably the Plumas men who were not in the barn went where they pleased, and no one has ever told that there was a single row between them and the men of the valley during the day. The. place was full of men who had come into town to "see the fun." T. N. Long says he did business all day at the Magnolia while his partners were in the fort. H. E. Lomas walked up from Janesville and reached there in the afternoon during the pause in the hostilities. He went to the hotel for his dinner and men from both parties were there eating together with no show of ill feeling between them. Some of the citizens who didn't like to see trouble were trying to get the leaders of the two parties to compromise, and finally they and Roop succeeded in doing it.
When the truce had expired no agreement had been reached and it was extended until the next morning. The Honey Lake men now went to work in earnest. If Pieree and his posse wanted to do any more fighting, they were going to see that they had all they wanted of it. It always seemed to the writer that, so far, they had only "put up a bluff" and stood off Pierce's men. Hines went down through Toadtown and set all the women to baking bread. Bangham went to Janesville after powder and men. There was a dance going on at that place and he had hard work to get men to leave it, but about midnight he left there with what powder he could get at the store and fifteen or sixteen men. During the night reinforcements for the Honey Lakers came in from all parts of the valley. S. J. Hill says he sent a wagon up from Janesville with several armed men and four extra shot- guns. The Honey Lakers went across the street north of the barn and dug some rifle-pits. They also took possession of the log hotel to the south of the barn. In the upper story of it there was some flour and this they piled up on the north side of the room as a protection against bullets. They made some holes
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through the same side of the room, and if the fighting was resumed the next day, they intended to heat some iron ramrods and shoot them into the hay that was overhead in the barn. When the fire drove the men out of it they would be at the mercy of those in the hotel, the rifle-pits, and the fort. Probably that caused Pierce to come to terms, for he saw that a good many of his men might be killed if he commenced to fight again.
The following from "Thompson and West's History of Ne- vada and the "History of Plumas, Lassen and Sierra Counties" tells how the trouble was settled. The reports sent to the gov- ernors of California and Nevada repeat some things already told, but they could not be left out and tell the whole story. "The record of the meeting of both parties at which the compromise was effected was forwarded, with the statement of the committee, and was as follows : " A state of war existing between the author- ities of Plumas county, California, and the authorities and citi- zens of Roop county, Nevada Territory, a committee of citizens of Honey Lake valley, and the leaders of the belligerent parties, convened at Susanville for the purpose of making some arrange- ments for the establishment of peace, and to stop the further shedding of blood. Frank Drake was appointed president, and H. U. Jennings, secretary. Mr. Pierce, sheriff of Plumas county, made the following proposition, to wit: Both parties to suspend hostilities and disband their forces, he taking his men home with him, and report the case to the governor of California, request- ing him to confer with the governor of Nevada Territory, that the question of jurisdiction may be settled peaceably; pending such settlement, neither party to claim jurisdiction; also that the citizens of the valley shall draw up a full statement of the case, and forward the same to the governors of California and Nevada Territory, requesting them to settle the difficulties peace- ably and as soon as possible.
"Mr. Elliott thought the proposition a fair and honorable one, and that it would lead to a speedy settlement of our present difficulties. He was therefore in favor of Mr. Pierce's propo- sition.
"Mr. Pierce (sheriff) moved the appointment of a committee of four citizens (two of each party), to make the statement to each of the governors. Carried.
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"Mr. Elliott moved that we adopt Mr. Pierce's proposition for a settlement of our difficulties. Carried, unanimously.
"The chairman appointed upon the committee of correspon- dence, Messrs. Roop, Murray, Jones and Young. On motion meeting adjourned.
"Frank Drake, Chairman. "H. U. Jennings, Secretary.
"The above proceedings is an agreement of settlement be- tween the contending parties of Roop and Plumas counties.
"E. H. Pierce, "Wm. Hill Naileigh."
Sheriff Pierce's statement recited a few preliminary pro- ceedings and continued as follows : "On the fourth day of Feb- ruary, in my official capacity as sheriff of Plumas county, I received warrants for the arrest of the said John S. Ward, county judge, and William Hill Naileigh, sheriff, of the so-called Roop county, Nevada Territory, issued by the Honorable E. T. Hogan, county judge of Plumas county. On Thursday, February fifth, I proceeded to Susanville, Honey Lake valley, for the purpose of serving the said warrants, and on Friday, the sixth instant, an injunction was served on me, purporting to issue from the court of the First Judicial Distriet in and for Nevada Territory, signed by John S. Ward, probate judge of Roop county, and served by - Parkinson (William K.), a deputy sheriff of said county, restraining me and all other Plumas county officers from exercising jurisdiction in or over any portion of the so-called Roop county. This injunction I refused to obey. On Saturday, the seventh instant, I arrested William Hill Naileigh, and sent my deputy, Mr. Byers, to the residence of Mr. Ward to arrest him, and to meet me at Lanegar's rancho, which he did. Having to wait a short time for a horse for Ward to ride, myself, Naileigh, and two witnesses started ahead, leaving orders for Byers and Ward to follow as soon as the horses arrived. As Ward was about to mount his horse, Isaae Roop interfered, and said that Ward could not go, and took hold of Ward to prevent his leaving, which caused a tussel between Roop and Byers, ending in Roop desisting for a time and allowing Byers to proceed. Roop then went back to a point half a mile down the road, where he had seven men on horses, posted and armed with shot-guns. With this addition he again followed Byers, overtaking and surround-
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ing him, drawing their guns, again demanding the surrender of Ward. Byers, seeing resistance was useless, concluded to return to the rancho, still retaining possession of his prisoner. From this point he instantly sent a messenger after me with a note, informing me of all that had occurred since I left.
"The great depth of snow on the mountains made it impos- sible for me to procced, and as I had turned, satisfied that I could not cross the summit, I was met by the messenger. On reading the note, I told Naileigh he was at liberty to go where he pleased on his giving me his word that he would be forthcoming at any time I demanded his presence. This he agreed to. I then re- turned to the ranch where Byers had taken his prisoner, and discovered that I would have to cross the mountains, at all hazards, for assistance. This I done, and summoned a posse of ninety men, in American and Indian valleys; returning, reached Honey Lake valley on Friday, the thirteenth of February. On reaching Susanville, I found the mob fortified in a log house that had been built and used as a fort against the attacks of the Indians (this was the old log cabin built by Roop in 1854, and since this event has been called Fort Defiance), numbering from seventy-five to one hundred men, all armed and prepared for a desperate resistance, having by their own admission six hundred shots in the fort. They sent out a white flag, and laid off their lines. All of this day was spent in endeavoring to adjust mat- ters amicably.
"On Sunday, the fifteenth, with a force of forty men, I took possession of a barn within a distance of perhaps two hundred yards of the fort. They then gave me notice that if I did not vacate the barn at once they would fire on it. I then proceeded to fortify the barn, and put it in as perfect state of defense as the nature of the circumstances would permit, by using the floor and sleepers for breastworks.
"Deputy Sheriff Kellogg (William W.) went out with a detachment of five men, taking with them a rope to draw in a large stick of hewed timber, which laid about one hundred feet from the barn. After making the rope fast, they were told from the fort that if they moved the stick they would be fired on. Tak- ing no notice of this order, they commenced moving the timber, when ten shots were fired from the fort, one of which took effect in the thigh of William Bradford, shattering the bone at a dis-
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tance of five inches below the hip joint. Bradford fell; the rest went on with the stick to the barn. Kellogg returned at once to the assistance of Bradford, and, while bringing him in, was fired on five times. At this, my men instantly returned the fire from the barn, which was kept up by both parties for about four hours. Deputy Sheriff Byers, while passing through the town, was fired on five times.
At two o'clock P. M., a deputation of the citizens from the town, with a white flag, came to the barn and requested permis- sion to pass to the fort, to see if they could not get a cessation of hostilities until five o'clock, with the hope of settling matters without further bloodshed. This armistice was agreed to by both parties. Failing to agree when the hour expired, the time was extended until nine o'clock the next morning. During this time the mob were continually receiving reinforcements from all parts of the valley. I received word about this time that I would be reinforced by one hundred men in about ten days. At twelve o'clock, midnight, I was waited upon by a committee of citizens of the town, with a petition signed by sixty-five of the residents of Susanville, imploring me to suspend operations, as the mob threatened to burn the town in the event of my not yielding to their dictations. I agreed to stop all further proceedings on these conditions: That they, the mob, should immediately dis- band, and all parties cease to exercise jurisdiction until the mat- ter could be properly laid before the governors of California and Nevada Territory. This was mutually agreed to. My reasons for making and agrecing to this proposition, were simply these : That I thought the fight too great a one for the county of Plumas to carry on, and had I gained my point, perhaps at the expense of forty or fifty lives, the question of jurisdiction would have still remained unsettled. Their loss already, as reported to me, was one man killed and four wounded, one of which latter was Judge Ward.
"The above is a narration of facts precisely as they occurred. All of which is respectfully submitted.
"Sacramento City, March 2, 1863.
"E. H. Pierce, "Sheriff of Plumas County."
Mr. Kellogg says he wrote the foregoing statement. It will be noticed that he says there were ninety men in the posse. That
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is the number given by Tunison and other men who were there and probably is not far from right.
The committee appointed for that purpose by the people of Honey Lake presented their statement of the case to Governor Stanford and Governor Clemens of Nevada Territory. It told the principal events that occurred and differed from Mr. Pierce's statement in only a few immaterial points. It called the men in the fort the "Nevada forces" and the "Nevada party" instead of calling them a "mob" as he had done. It said that the warrants for the arrest of Ward and Naileigh were issued upon the com- plaint of William N. De Haven; that Naileigh, sheriff of Roop county, issued a proclamation calling on all able-bodied citizens to arm, and hold themselves in readiness to aid in the execution of the laws, and put down insurrection, etc .; that Pierce came into town at the head of a hundred men armed with deadly weapons ; that the Nevada forces warned the Plumas county men three or four times before they fired on them; and that only five or six shots were fired by the Nevada party at that time.
In conclusion it said: "Without wishing to blame or excuse either party, the committee would state that in all probability each party thought itself justified by law in all its actions. The eastern boundary of the state is not definitely known; some are of the opinion that it is east of us, and others that it is west. For the sake of our schools it is necessary that we should know where to apply for our school money. When we are assailed by Indians, as we frequently are, it is necessary that we should know where to apply for assistance. For very many important reasons, it is absolutely necessary that the question should be settled, and that as soon as possible." It was signed by "Israel Jones, Dan Mur- ray, Isaac Roop, Wm. J. Young, Committee."
A cannon was brought from Plumas county to Susanville and a good many stories are told about it. It was packed into the valley by Charles F. Stark and also by John R. Perkins. It was left in the snow on the mountain and it was brought to Susanville. Pierce took it home on his return, it was taken home the next year, and it was left in Susanville. It was burst in Tay- lorville the next Fourth of July, that event took place several years later, and it was burst in Susanville on the Fourth of July, 1864. Almost as many stories are told about the man who did the good shooting for Plumas county. Stark thinks his name
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was Arch. Little and that he lay behind some hides hanging on a fence that ran out from the barn. Forgay says that his name was Jack Kensey and that he shot from inside the barn. Mead doesn't remember his name, but says that he lay behind the two sticks of timber that had been dragged up to the barn. It is just a question of memory.
The following is the truth about the cannon as near as can be learned. When Pierce found that the Never Sweats were in- trenched he sent Ben Payne across the mountains after reinforce- ments and a small cannon that belonged in Taylorville. He raised fifteen or twenty men and returned with them and the cannon. Stark says his brother, Charles F., packed it over on a mule. Pierce sent some men with a wagon to meet them at the foot of the mountain above the Lanigar place, and the cannon was put into the wagon and hauled to town. When it arrived there the trouble was over and there was no use for it. The Plumas men all insist that it was taken back to Taylorville and burst there, but they do not agree as to the time.
The Honey Lake people say that it was left in Wentworth's corral in Susanville. T. N. Long, Lafayette Marks, and others, say that on the Fourth of July, 1864, Jarvis Taylor, Jeff. Davis, and A. D. Elledge took it over on Gay street just north of Main. They put in a large charge of powder, tamped wet sand on top of it, and then touched it off and blew it to "smithreens." The Steward House was then being built on the northwest corner of Main and Gay streets. A piece of the cannon hit one of the porch timbers projecting out in front and almost cut it in two. Another piece came down through the roof of the schoolhouse which stood near where the brick school house does now-the southwest corner of Cottage and Weatherlow streets. One piece struck west of the schoolhouse and another went clear across the river. Mrs. A. T. Arnold has one piece of it and the family of Mr. Elledge has another one. Which story is right? Quien sabe? The Honey Lakers have the relics.
F. and S. say: "William J. Bradford, the man so badly wounded, was given the warrant for $1000 which Lassen county issued to Plumas under the provisions of the Act organizing the county. This action was taken by the supervisors of Plumas county in pursuance of the Act of the legislature of March 31, 1866."
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Orion Clemens, the territorial secretary, was acting governor of Nevada at this time, and also on January 14, 1864, when he made his report to the Nevada legislature in regard to the Boundary Line War. In this report he said that hostilities ceased when the agreement was made to refer the subject to the governors of California and Nevada for settlement; but the excitement was still great and was beginning to extend beyond the immediate locality of the disturbance, and it was possible that serious consequences might ensue. He therefore telegraphed to his Excellency, Leland Stanford, governor of California, in relation to the affair, and sent Hon. J. K. Lovejoy to Susanville to investigate the facts, and who submitted a written report upon his return. Shortly after this, a special messenger, William K. Parkinson, Esq., arrived, bearing the statement from William Hill Naileigh, sheriff of Roop county. Mr. Naileigh stated the facts, asked the advice of Mr. Clemens, and promised to obey his direction in the matter, a promise which he faithfully kept. Judge Robert Robinson, of Sacramento, was appointed by Gov- ernor Stanford to confer with Mr. Clemens and agree upon a basis of settlement. Judge Robinson went to Carson City, and after finding out that the California authorities would not consent to the summit boundary, they drew up an instrument relating to the running of the line between California and Nevada Territory, and the judge went back to Sacramento to report. The foregoing is from T. and W.
F. and S. say : "The basis of settlement agreed upon was : That California and Nevada should each appoint a represent- ative to run the boundary line. That until the line was estab- lished, Plumas county should have jurisdiction as far west as the eastern end of Honey lake, at which point the 120th degree of longitude was located upon De Groote's map. That provi- sion be made by both legislatures to transfer judgments, and sustain all acquired rights whenever it was found that the survey removed any person or property from the jurisdiction of one government to that of the other. That until the eighth of April, 1863, Governor Clemens would exercise no authority over the disputed territory east of the line surveyed by John F. Kidder, placing Aurora within the limits of Nevada Territory, but after that date he would proceed to organize Esmeralda county, and exercise jurisdiction over the disputed territory east of that
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line. This declaration of Governor Clemens was made for the reason that Commissioner Robinson would not consent to recog- nize the Kidder line as a compromise line until the completed survey was made.
"The commissioner's report, and all the documents relating to the controversy, were submitted to the legislature by Governor Stanford, with a special message urging immediate aetion. This resulted in the Act of April 27, 1863, direeting the surveyor- general to survey the eastern boundary line of the state, com- meneing at the intersection of the 120th degree of west longitude and the 39th degree of north longitude; and appropriating $25,000 to defray the expenses of the survey. John F. Kidder was appointed by the surveyor-general to undertake the work, and Governor Clemens appointed Butler Ives (May 16, 1863) to aecompany him, on the part of Nevada Territory."
That summer and fall these two ran the line from Lake Bigler (Tahoe) north to the Oregon line. The line they surveyed passed to the east of Honey lake and settled the fact that the disputed territory in Roop county was in California. A. T. Arnold says that when the surveying party got to the Fort Sage mountain (State Line Peak) they were frightened by the Indians and sent a young man to Susanville to get more men to go with them. Mr. Arnold, Henry Arnold, Joseph Hale, Al. Leroy, James Phillips, and James Huntington went with them to the Oregon line. A long strip of land about thirty miles wide on the eastern side of Roop county was left in Nevada. For a long time it appeared on the map as Roop county, but being com- paratively unsettled it was put under the jurisdiction of Washoe county. Finally it was merged into that county and Roop county went out of existence.
The line between California and Nevada was also run from Lake Bigler to within one degree of the southern end of Nevada and there the work was stopped on account of cold weather. This passed several miles to the west of Aurora, leaving that town and a rich mining district in Nevada. The rest of the line was surveyed in 1865. In 1876 Von Schmidt surveyed the eastern boundary of California and his survey moved that part of the line north of Lake Tahoe a few miles to the east, giving the border counties of California a little more territory.
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The long fight was done and the Never Sweats had lost. In spite of all they had done against it they were in California and there was no longer any hope that they were not. But there was still a chance to keep out of Plumas county and, as we shall see, they went about the accomplishment of this as soon as possible.
Before the matter was settled conclusively the people of this section, as citizens of Roop county, Nevada, held an election September 2, 1863, to choose men to represent them in the Nevada legislature. William V. Kingsbury was elected to the council, John C. Partridge to the house of representatives, and Hiram L. Partridge to the constitutional convention. T. and W. say : "When the legislature met on the 12th of January, 1864, the boundary question had been settled, and as Honey Lake valley, the residence of these gentlemen and the section they represented, had ceased to be considered a portion of the ter- ritory of Nevada, they were not permitted to take their seats in that body."
Plumas county must have collected taxes in Honey Lake valley this fall about the same as usual. Hiram H. Dakin tells the following in regard to it. In the fall of 1863 he was working for Rough Elliott. One day along the first of November Pierce and Byers came to the ranch and stayed about an hour. They talked with Elliott for some time and while the conversation was going on Dakin sat on the corral fence. There were some horses and cattle in the corral and Pierce told him to open the gate and let them out. He replied that he was working for the other fellow and didn't let them out unless Elliott told him to. Elliott then told him that he could sit on the fence or go away, just as he pleased, but not to open that gate. He then turned to the Plumas county officers, and after referring to their canine parentage, told them if they wanted serious trouble to just turn that stock out. The two officers went out to one side and talked a while, and then got on their horses and rode away without saying anything more to Elliott.
As soon as the Never Sweats found they were surely in California they went to work to have themselves set off into a new county. It was an easy matter to see that the people of this section ought to have a county of their own because, at that time, for several months during an ordinary winter it was
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almost impossible to get across the mountains to Quincy except- ing on snowshoes. It was a question whether or not there would be taxable property enough in the new county to support a county government, but the people themselves were willing to try it. The people of Plumas county didn't want to lose any of their territory, but they didn't want to do an injustice to the Honey Lakers, many of whom had lived in Plumas county, so they made little objection to the formation of the new county.
INDIAN TROUBLES. 1863
Comparatively little trouble was made by the Indians this year. Probably more or less stock was stolen from the ranges by the hungry red men, but no travelers along the Humboldt road were attacked by them, no one was killed in Honey Lake valley, and only one man, so far as is known, was killed in this section.
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