USA > California > Lassen County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 51
USA > California > Plumas County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 51
USA > California > Sierra County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 51
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In the appraiser's inventory of the deceased man's estate, his ranch, a section of unimproved land, was put in at $400; one boat (probably the one from which he was drowned), $12.50; one set of double harness, $8.00; two spurs, $4.00; one purse with cash, $1.50; and numerous other articles, such as farm and house utensils, clothing, etc., amounting in all to $625.75. The inventory was filed July 30, 1856.
The first civil cause that came within the jurisdiction of the high tribunal, to be organized in accordance with sections 9 and 11, was the following :
" FLORENCY SMITH Be it remembered that on the seventh day of August, 1856, Florency
vs. Smith filed her Complaint of Forcible Entry and Detainer against J. B.
J. B. MANKINS.
) Mankins before me, I. Roop, Recorder, in the words and figures as follows:
" That J. B. Mankins, on or about the fifth day of August, A. D. 1856, did willfully and know- ingly take possession of a certain tract of land belonging to her, Florency Smith. The said land is fully described and boundaries defined in Record Book A, page 3. And thereupon, on the same day and date, a call was made to the citizens to meet at the Roop House on the tenth day of August, 1856, to try said cause.
" I. Roor, Recorder."
" August 10, A. D. 1856.
" The citizens appeared in pursuance of the above call, and on being organized into a board of 4 arbitrators, neither of the parties appearing, it was resolved to proceed with the cause; and the proofs and allegations concerning said cause, together with the Record, being fully heard and examined by said Board (about this time the defendant J. B. Mankins appeared), and upon a con- sultation by said Board, the Verdict was as follows :
. " That the said Florency Smith recover and have restitution of the premises; and further, that the said Florency Smith shall cause said premises to be surveyed within fifteen days from the date hereof, and that the Recorder make out. a quit Deed to her for said premises, and signed by all present; and further, that if the said Florency Smith shall fail and neglect to have said premises surveyed within the time specified, then in that case she forfeits all her right, title, and interest in and unto the same. Reed, Scott, Breed, Morehead, Hasey, Weatherlow, Cushing, Kingsbury, Ely, Grout, Devol, and Hank.
"Three o'clock P. M. this tenth day of August, A. D. 1856.
" ISAAC ROOP, Recorder."
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That the prevailing idea of the proper location of Honey Lake valley was not entertained by all of the settlers, will appear by an examination of those portions of the Plumas county records which have been transcribed and placed among the records of Lassen county. From these it appears that on the eleventh of April, 1857, A. Fredonyer placed on record in Plumas county a pre-emption claim to land and a water right on Susan river near the junction of Smith's fork (now Pah Ute creek), for a ranch, saw-mill, and grist-mill. On the ninth of June, 1857, William Powell and wife conveyed to H. A. Williams, D. J. Williams, and A. D. McDonald a one-half interest "in and to a certain tract of land situate in a small valley near Honey lake, known as Elesian, supposed to be in Plumas county, California," which deed was recorded at Quincy. David Reed filed in the clerk's office in Quincy a pre-emption notice of a quarter-section of land in Honey Lake valley, July 26, 1857.
Before the year 1857 drew to its close, the grand governmental ideas of the citizens of Nataqua had vanished, or at least had been set aside for the time being. The rapid settlement of the valley had attracted the attention of the people of Plumas county, and the officials began to take judicial notice of it. By looking more closely into the matter, even the settlers themselves were compelled to admit that even if they were not within the limits of California they were very close to the line. On the fourth of August, 1857, the board of supervisors of Plumas county not only recognized the fact that this valley had become of considerable importance, but asserted the belief that it was within the jurisdiction of Plumas county, by creating it into a separate township, with the name of Honey Lake township.
The action of the board of supervisors, in the creation of Honey Lake township and the appointment of justices and constables (none of whom qualified), called out the following proceed- ings from the citizens of this valley :
" In pursuance of a notice, the citizens of Honey Lake valley met at M. Thompson's ranch on the twenty-ninth of August, A. D. 1857, and were called to order by appointing M. Thompson chairman, and L. N. Breed secretary.
"The following Preamble and resolutions were offered by Mr. Williams, and unanimously adopted :
" PREAMBLE.
" WHEREAS, we, the citizens of Honey Lake Valley, entertaining very reasonable doubts of our being within the limits of the state of California, and believing that until the eastern boundary of the state of California is determined by the proper authorities that no county or counties have a right to extend their jurisdiction over us, therefore be it Resolved by the citizens of Honey Lake Valley in Mass Meeting assembled that we consider the action of the Board of Supervisors of Plumas County an unwarrantable assumption of power.
" Firstly, in appointing Justices of the Peace without our knowledge or consent.
" Secondly, in dividing the Valley into precincts, and appointing officers for the same.
" Thirdly, in ordering an assessment of the property of the Valley. Therefore be it further resolved that we will resist any action of the authorities of Plumas, and undividedly and collect- ively pledge ourselves by all we hold sacred to assist and. aid each other in resisting any infringe- ment of our rights.
" Resolved, That the officers appointed by the board of Supervisors to conduct the election in this place be requested to keep the Polls closed upon the day of election.
" Resolved, That a committee of five be appointed as a committee of safety, whose business it shall be to correspond with the authorities of Plumas county, to end meetings when necessary, and
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to take such action as they may think necessary, subject always to the approval of the citizens of this Valley.
" Resolved, That we cordially unite with the citizens of Carson Valley in their endeavors to have a new Territory struck off, whose limits shall be the Oregon line on the North, the Goose Creek range of Mountains on the East, the Colorado River on the South, and the dividing ridge of the Sierra Nevadas on the west.
"Z. N. Spalding offered the following preamble, which was adopted and signed by all present :
" We, the undersigned individuals of Honey Lake Valley, feeling a just indignation at the course pursued by certain individuals, calling themselves citizens of this Valley, relative to a certain petition signed by them, and forwarded to Plumas county, praying them to consider this Valley under the jurisdiction of said county, and for the authorities to appoint certain officers, such as Justice and constable.
"Now, be it known-First, that the petition above mentioned was drawn up and signed by persons most of whom were, and are now, non-residents of this Valley, and had no interest identi- fied with the welfare of this community. That very few of the resident citizens of the Valley knew anything about the petition until it was announced that Plumas county had appointed officers for us, nolens volens.
"Secondly, We are, and do consider this Valley, not in the state of California, and shall con- tinue to do so until our boundaries are defined and established by the legally constituted author- ities of the United States, and we will not recognize the authority of Plumas county or California to make ourselves or appoint our officers.
" Thirdly, Were we under the jurisdiction of Plumas county, we would not suffer the office- making power to force upon us men odious to the citizens generally, and destitute of the requisite qualifications to fill any office.
" Fourthly, We disclaim the whole proceedings from beginning to end, and shall not regard any mandate issuing from under the officers appointed by Plumas county to preside over us.
" In token whereof, we severally pledge ourselves.
NAMES.
M. Thompson,
Joseph Lynch,
Wm. Hill,
Wm. Weatherlow,
L. N. Breed,
I. E. Wick,
G. Lathrop,
M. W. Haviland,
D. C. Jackson,
Wm. N. Crawford, Ralph Nedsham,
A. U. Sylvester,
Thomas Eaton,
A. G. Epstine,
Wm. Dow,
Stephen O'Laughlin,
R. Hewitt, H. Dony,
G. A. Williams,
C. Arnold,
Thomas Mitchell,
Ireton Warp,
Henry Denny, Anthony Barlow,
J. D. Sharp,
Peter Lassen,
W. C. Kingsbury,
L. M. Robertson,
A. F. Chapman,
R. J. Scott,
H. A. Wilmans, W. Powell.
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"On motion, the following persons were appointed on the committee to correspond with the authorities of Plumas county : Wm. Hill, Mr. Williams, M. L. Robertson, Z. N. Spalding.
" Moved, that the committee authorized to correspond with Plumas county authorities be in- vested with the power to draw up a petition to congress for the purpose of having a new territory organized. Carried.
"Mr. Jackson moved that the corresponding committee be invested with power to draft such laws out of the code of laws now governing the two districts, as may suit the people of said dis- tricts in common, but so to form them as not to permit an encroachment upon claims taken under
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former laws, and said laws be submitted to the people for adoption or rejection on such day as the committee may designate. Carried.
" Moved, that the citizens of this valley attend the place of voting on the day of election, and prevent the polls being opened. Carried.
.
" Moved, that a committee of three be appointed to wait on Dr. Fredonyer (one of the justices appointed by the supervisors of Plumas county), and politely inform him that the citizens of this valley can dispense with his services. Carried. Committee, Mark Haviland, R. J. Scott, Z. N. Spalding.
"Moved, that the proceedings of this meeting be published in the North California (Oroville paper). Carried.
" Moved, that the meeting adjourn. Carried.
" M. THOMPSON, Chairman.
".L. N. BREED, Secretary."
Later, the people decided to take advantage of their township privileges, and in the spring of 1861 they elected George E. Hale a justice of the peace, and he qualified for the office at Quincy, May 7, 1861. In 1860 the census of the valley was taken as a part of Plumas county, and 476 white people were reported within the limits of Honey Lake township. In the fall of 1861, Cutler Arnold was elected a justice of the peace, and the next fall B. F. Sheldon and William J. Young, and in the fall of 1863 Amos H. Barnes and John S. Ward were elected to the same office. All these gentlemen filed their official bonds in Quincy, and qualified as officers of Plumas county. All this was being done while they, and the people of Honey Lake valley generally, were participating in movements for the formation of a territorial government separate from California, in conjunction with the settlers of Washoe and Carson valleys.
Passing by the difficulties the settlers had with their Indian neighbors, the murder of many of them by the treacherous savages, the long days and nights of anxiety and fear, and the expe- ditions for punishment and revenge, which will form another portion of this volume, we will follow the steps taken by the settlers for the formation of a separate government, leading up to the Sage- Brush Rebellion and the organization of Lassen county.
Having discovered the fact that they were but a small portion of the population embraced in the great territory of Nataqua, and that the settlers away to the south would not recognize their action in this matter, the citizens of Honey Lake valley abandoned their old scheme for a territorial government, and Nataqua vanished, to be heard of no more. The territory of Utah exercised jurisdiction over all the country lying between Salt Lake and California, and a great many Mormons had settled in Washoe and Carson valleys. At Gold canon, where the great Comstock lode created such an excitement in 1859 and later, many miners were already at work. A much larger population was centered in the region between the Truckee and Walker rivers than was to be found around Honey lake, and the people of this valley realized that if any governmental action was to be taken it must be done in connection with, and to a large extent be managed by, the people of the southern settlements.
There was no question as to the geographical location of Washoe and Carson valleys ; they were absolutely known to be beyond the limits of California and within the boundaries of Utah. Great dissatisfaction was felt by the settlers there with their position. A well-founded prejudice existed among them against the Mormons and against Mormon rule. They were separated from the seat of authority at Salt Lake City by miles of alkali desert and barren mountains, and what little governmental action did reach them came from a Mormon fountain, and was distasteful to
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R. STOVER'S DAIRY RANCH, BIG MEADOWS, - NINE MILES NORTH WEST OF PRATTVILLE ; PLUMAS CO.CAL.
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these liberal-minded settlers. The first attempt at a government in that section was made November 12, 1851, when the citizens met together and adopted a code of laws for their local government, and framed a petition to congress for a distinct territorial government. Up to that time the authorities of Utah had taken no official notice of the settlers on their extreme western border; but March 3, 1852, the legislature divided the country now in Nevada into seven counties, for which it also appointed judges to serve for a term of four years. None of these counties was organized ; and the citizens continued to govern themselves. January 17, 1854, the legislature of Utah created Carson county, embracing all the settlements north and south of Carson river for a distance of many miles ; and the next spring Orson Hyde, a Mormon elder, was appointed probate judge, and sent out to organize the county, which duty he completed in September, 1855. So many Mormons had come west and located in the valleys of Washoe, Eagle, and Carson, that in the election of officers of Carson county in 1856 they obtained full control, greatly to the displeasure of the other settlers. Early in 1857, owing to the trouble that was then existing between the Mormons and the United States government, Brigham Young called all the faithful back to Utah, and so many responded to the summons that the Gentiles were again left in the majority.
This was the condition of affairs in that section when the little handful of people in Honey Lake valley graciously included it in their territory of Nataqua, without so much as consulting them as to their wishes on the subject. As soon as the people in this valley became fully informed of the condition of affairs, they dropped their Nataqua scheme, and united their efforts with the more southern settlers to secure the creation of a new territory in Western Utah. A mass meet- ing having been called to meet at Genoa, Carson valley, August 8, 1857, the people of this valley sent representatives; and one of them, Isaac N. Roop, was elected one of the four vice-presidents on that occasion. At this meeting resolutions were passed appointing Judge James M. Crane to go to Washington as a delegate, to present a memorial to congress, and urge action upon it, request- ing the formation into a new territory of " the Great American basin, lying between the eastern spurs and foot-hills of the Sierra Nevada, west of the Goose Creek range of mountains, the Oregon line on the north, and the Colorado and its tributaries on the south." A committee of twenty- eight was appointed to carry the resolutions into effect, of which five were from Honey Lake valley ; viz., " Major Isaac Roop, Peter Lassen, Mr. Arnold, Wm. Hill, and Mr. McMurtry." A long memorial was prepared and forwarded to congress, in which some very absurd and exagger- ated statements were made of the nature and condition of this section ; for instance, " The valleys number from 200 to 250, and range in size from 10 to 100 miles in length. They are all alluvial, and are the best grazing and agricultural lands on this continent." This was quite a claim to make for the Great American desert. The Indian population was stated at from 100,000 to 115,000, though it is doubtful if there were 25,000. The white population was fixed at from 7,000 to 8,000. The peculiar situation of Honey Lake valley was stated in the following language :
" There are some portions of the Great Basin of this continent, claimed by the state of Cali- fornia, in which reside a considerable number of people who, in the winter time, can have no connection with it. This is the case with those who reside in Honey Lake valley. That valley lies east of the Sierra Nevadas, and within the Great Basin, and from this cause the people living in it have no intercourse with other parts of the state during the rainy season for nearly four months every year. They therefore naturally belong to the eastern side of the Sierra Nevadas, and on this account they desire to join us in this movement. If they are forced to remain with California, they can never know anything about the affairs of their state during the whole time its
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legislature may be in session. It is therefore folly, and worse than folly, to attach the people of this valley to a state about which they know nothing and care nothing, for one-third of the year, and that third the most important part of it to them. They therefore cordially unite with us in this prayer and memorial to congress, asking not only that they may be attached to the new terri- tory, but that they may add their united voice in support of the great necessities for the organiza- tion of the aforesaid territory."
Judge Crane went to Washington, and on the eighteenth of February, 1858, wrote his constituents that a bill to organize a new territory would surely pass both houses, and advising them to " all sow and plant heavy crops of grain and vegetables this spring, for they will bring ready sale at good cash prices to supply the army and Indians upon their reservations." He also wrote that he expected to have several postal routes established : one of them from Honey lake to the Humboldt; and that he had "great hopes of having a bill passed to bridge the deep snow region on the Sierra Nevada, over the Honey lake and Placerville routes, so as to keep open communica- tion between our territory and California all the year around." The judge and his constituents were both disappointed in their hopes, as congress failed to take the desired action in the matters the delegate was pressing upon that body.
To provide for their own government until such time as congress should incorporate them in a new territory, the people of the valley again met, in February, 1858, and adopted the following laws :
LAWS OF HONEY LAKE VALLEY.
ADOPTED FEBRUARY 13, 1858.
SEC. 1 .- Each White Male twenty-one years of age shall have the right to take up and locate vacant land to the amount of 640 acres. Provided, that within 30 days from the taking up and locating he shall have it surveyed, and a mound three feet high thrown up at every corner, and a stake set in each mound 6 ft. long, and the claimant's name placed on Record, and to occupy and improve to the amount of one dollar per acre claimed within twelve months from the date of locat- ing, said one dollar per acre to be placed on the land claimed as follows: 12} cts. per acre within 30 days from the locating; 12} cts. per acre within the next 30 days; 25 cts. per acre within the next 60 days; 25 cts. per acre within the next 4 months; 25 cts. per acre within the next 4 months. Said improvement to consist in plowing, fencing, building, and the planting of fruit trees.
SEC. 2 .- An actual residence within the district where the land lays shall be held an occupa- tion of land claimed. A substitute can represent. No one person can represent more than one claim.
SEC. 3 .- Claims may be held in fractions, where such fractions have been made by prior sur- veys of claims, provided that the number shall not exceed 4, and the whole not more than 640 acres, and each and every fraction shall be improved agreeable to section one.
SEC. 4 .- All sales and transfers of land shall be acknowledged to by the Recorder, and to be placed on record.
SEC. 5 .- No person or persons shall divert water from its original channel to the injury of any prior occupant.
SEC. 6 .- Owners of hogs shall be held to pay all damages their hogs may do between the first day of April and the first day of November.
SEC. 7 .- All difficulties, disputes, and suits at law, of any nature, shall be had before a Board of
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Arbitrators, and a majority of said Board shall render a decision ; and when a decision shall not be satisfactory to both or either party, the one so grieved may take an appeal within ten days there- after, and have it tried before a Board in an adjoining district; and if the former decision shall have been sustained by a majority of the second Board, then such a decision shall be final; but if the decision shall have been reversed by a majority of the second Board, then the case shall be left to seven citizens, three to be chosen by each party, the seventh to be called by the six, and a decision the majority shall make shall be final.
SEC. 8 .- There shall be an election held on the first Saturday in May in each district, for the purpose of electing one Recorder and three Arbitrators in each district.
SEC. 9 .- The fees of the Arbitrators shall not exceed five dollars each a day, to be paid by the party losing the suit.
The county government was feebly maintained in Carson county during all the efforts to secure a new territory. The efforts to secure such a government were continued in 1859, and delegates were chosen from the various sections interested, who met in convention at Genoa, July 18, 1859, for the purpose of framing a constitution and establishing a provisional government. The delegates who were given seats in that convention from Honey Lake district, and who were entitled by election and by proxy to cast the number of votes set opposite their names, were: W. T. C. Elliott, 1 vote; J. Bowdone, 1 vote; A. F. Chapman, 2 votes; J. Williams, 1 vote ; John Robinson, 2 votes; A. M. Vaughan, 3 votes; W. S. Bryant, 1 vote ; James O. Robertson, 1 vote; William Naileigh, 1 vote; Isaac N. Roop, 1 vote ; John H. Neale, 1 vote; A. A. Smith, 1 vote. Two of the gentlemen who sent proxies were John S. Ward and Lewis Stark. Mr. Roop was one of four vice-presidents of the convention. A constitution was framed for the territory of Nevada, giving it the following boundaries : " Commencing at a point on the Sierra Nevada mountains, where the 42° of north latitude touches the summit of said mountains; thence southerly with said summit to the 35° 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 Muddy river; thence due north to the Oregon line ; thence west to the place of beginning." By this it will be seen that the people of this valley were incorporated in the proposed territory. .
The convention also canvassed the vote which had been cast at an election held July 14, 1859, for the purpose of clecting a delegate to congress. The two candidates were Judge J. M. Crane and Major F. Dodge, the former being declared successful by a majority of 61 votes. The total vote was 817, of which 84 were cast in the Honey Lake district. An election was held on the seventh of September for the ratification of the action of the convention and the election of terri- torial officers. This resulted in the adoption of the constitution and the election of Isaac N. Roop as governor, thus giving to this section the highest office in the new commonwealth. How many votes were cast here cannot be ascertaincd, as no record of the election exists. On the twelfth of December, 1859, J. J. Musser, president of the convention, issued a certificate of election to Governor Roop, in which he certified "that Isaac Roop was elected governor of the said territory by a large majority." Members of the territorial legislature were also elected at this time, Honey Lake valley being allowed one councilman and two delegates.
Before the time of his departure for Washington arrived, Judge Crane, the congressional delegate, died suddenly at Gold Hill, and J. J. Musser was elected to fill the vacancy, and imme- diately set out for Washington. Governor Roop then subscribed the following oath of office :
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"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.
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