USA > California > Lassen County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 52
USA > California > Plumas County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 52
USA > California > Sierra County > Illustrated history of Plumas, Lassen & Sierra counties, with California from 1513 to 1850 > Part 52
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" 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."
Governor Roop was the only one of the territorial officers elect who qualified or was called upon to serve in an official capacity. The majority of his official acts were in connection with the Indian troubles, and will appear in another portion of the volume. The legislative assembly that had been chosen assembled at Genoa on the fifteenth of December, and Governor Roop presented a message to them giving his reasons why the provisional government should not be fully organized, pending the anticipated. action of congress. The members of the assembly, only a few of whom had attended, passed some spirited resolutions, and adjourned until the next July, at which time they failed to meet again.
The great rush to the Comstock in 1859 and 1860 gave that region a large and somewhat tur- bulent population; and congress finally, by the Act of March 2, 1861, created the territory of Nevada, including the valley of Honey lake within its limits. The boundary lines as defined by congress were : " Beginning at the point of intersection of the forty-second degree of north latitude with the thirty-ninth degree of longitude west from Washington (116° from Greenwich) ; thence running south on the line of said thirty-ninth degree of west longitude until it intersects the north- ern boundary line of the territory of New Mexico (now Arizona) ; thence due west to the dividing ridge separating the waters of Carson valley from those that flow into the Pacific; thence on said dividing ridge northwardly to the forty-first degree of north latitude (on the summits a number of miles north-west of the valley); thence due north to the southern boundary line of the state of Oregon; thence due east to the place of beginning." By a special provision, there was excepted from the area covered by this description any portion of California which it might include until that state should give its assent to the loss of such territory. Thus was Honey Lake valley placed in the anomalous position of being included in a new territory while yet a portion of an old com- monwealth.
James W. Nye was commissioned governor of Nevada by President Lincoln, March 22, 1861, and Orion Clemens was appointed secretary of state. July 11, 1861, Governor Nye issued his proclamation declaring the government of the territory established. A census of the new territory was taken by election districts, showing that Pyramid District No. 9 contained a population of 1,073. This embraced " all the territory north of Truckee valley, from a point where the Truckee river enters the mountains below Gates and Gage's crossing, and west of Pyramid lake." At an election held August 31, 1861, Isaac N. Roop was chosen to represent this district in the territorial council, by a vote of 62 in a total of 68. John C. Wright was elected representative, receiving 52 of 58 votes. Mr. Wright was a resident of Long valley, an unnaturalized Englishman, and left this section a few years later.
The legislature divided the territory into nine counties, November 25, 1861, among which was. the county of Lake. "Beginning at the north-west corner of Washoe county, and running easterly along the northern boundary of said county to the mouth of Truckee river; thence due east to the
HONEY LAKE RANCH, PROPERTY OF N.CLARK. LASSEN CO., CAL.
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summit of the first range of mountains east of said river; thence in a northerly direction along said range and the main granite range of mountains to the Oregon line; thence west along said line to the summit of the Sierra; thence south along said summit to the place of beginning." By the Act of November 29, 1861, the county seat was declared to be at such a point as should be selected by a majority of the voters at the next election. By the same Act, Hon. Gordon N. Mott, of the supreme court, was assigned to the First Judicial district, composed of Lake, Washoe, and Storey counties.
November 27, 1861, the legislature appointed William Weatherlow, William H. Naileigh, and Daniel Murray commissioners to prepare for and supervise the election for county officers, called for January 14, 1862. These gentlemen did not perform these duties, and no election was held. It was from 1860 to 1862 that justices of the peace for Honey Lake township filed their official bonds at Quincy as officers of Plumas county. At the general election held September 3, 1862, county officers were chosen in Lake county as follows:
REPRESENTATIVE . C. Adams.
ASSESSOR
E A. Townsend.
SHERIFF W. H. Naileigh.
COLLECTOR Henry E. Arnold.
CLERK
H. J. Borette.
SURVEYOR E. R. Nichols.
RECORDER .. Z. N. Spalding.
SCHOOL SUPERINTENDENT A. A. Holmes.
TREASURER.
Frank Drake.
COMMISSIONERS, Franklin Strong, S. J. Hill, J. C. Wemple.
Further than the election of officers, Lake county remained unorganized until after the legis- lature convened. Representative Adams did not take his seat in that body, but Isaac Roop, who held over from the year before as member of the council, attended the session at Carson City. The legislature met, and determined to maintain the jurisdiction of Nevada over this section, and to that end passed an Act, December 2, 1862, changing the name to Roop county. The governor also forwarded commissions to the officers who had been elected in September, and also appointed John S. Ward probate judge. Judge Mott came to Susanville and administered the oath of office to these officials January 20, 1863. He also held a term of the district court, but there being no business to be transacted, it was adjourned to the next regular term. David M. Harrison was clerk of the district court. These steps were taken because for more than a year the authorities of Nevada had endeavored, without success, to have California take such action as was necessary for her to relinquish her claim to the territory lying east of the Sierra. They had even gone so far as to have John F. Kidder and Butler Ives survey the line both north and south from Lake Tahoe, an action which was not recognized by the California authorities. There was a dispute in regard to the situ- ation of the town of Aurora, also, it being at one and the same time the county seat of Esmeralda county, Nevada, and Mono county, California. The Kidder survey placed Aurora in Nevada Territory. It was apparently with the intention of forcing the situation that the Nevada authori- ties decided to completely organize Roop county.
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THE SAGE-BRUSH WAR.
The action of the Nevada authorities soon precipitated a conflict between the officials of Roop and Plumas counties to maintain their jurisdiction over the disputed territory. The first gun was fired by Hon. John S. Ward, probate judge of Roop county, who issued an injunction restraining William J. Young, a justice of the peace elected for Plumas county, from performing his official functions. The justice failed to respect the mandate of Judge Ward, and was fined $100 for contempt of court. The next step was an order of the county court of Plumas, issued by Hon. E. T. Hogan, directing John S. Ward and William Hill Naileigh, probate judge and sheriff of Roop county, to refrain from exercising jurisdiction in any way in Honey Lake valley. Those officials refused to obey the order, and Judge Hogan issued warrants for their arrest. Sheriff E. H. Pierce and Deputy James Byers went to Susanville and arrested the refractory judge and sheriff, and started to convey them to Quincy. From this point the story is best told in the reports of the affair sent by the two sheriffs and a committee of citizens to Governor Leland Stanford of Cali- fornia, and Acting Governor Orion Clemens of Nevada Territory. The statement made by Sheriff Pierce, after reciting a few preliminary proceedings, continues as follows :
"On the fourth day of February, 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 District 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 horse arrived. As Ward was about to mount his horse, Isaac 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 surrounding him, drawing their guns, again demanded 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 impossible for me to proceed, and as I had turned, satisfied 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 returned to the ranch where Byers had taken his prisoner, and discovered that I would have to cross the
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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 matters 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 a state of defense as the nature of 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. Taking 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 distance 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 permission to pass to the fort, to see if they could not get a cessa- tion 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 rein- forced 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 Susan- ville, 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 disband, and all parties cease to exercise jurisdiction until the matter could be properly laid before the governors of California and Nevada Territory. This was mutually agreed to. My reasons for making and agreeing 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. [Incorrect; only two men slightly wounded.]
" 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."
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Another statement of the case was presented by the people of Honey Lake to Governor Stan- ford and Governor Clemens, through the medium of a committee appointed at a meeting of citizens held in Susanville, February 16, 1863, the day after the active hostilities. It will be seen that there is no material conflict of testimony, the statement merely setting forth the contest and facts as they were agreed upon between the committee, two of whom represented each side of the controversy. The document contains the following, after a few preliminary remarks :
"Soon after the organization of Roop county, Nevada Territory, a writ of injunction was served upon William J. Young, who was then acting as a justice of the peace in and for Plumas county, California, commanding him to cease all judicial proceedings within the limits of Roop county, Nevada Territory ; who, failing to comply with the requirements of said injunction, was arrested and brought before J. S. Ward, probate judge of Roop county, and fined one hundred dol- lars for contempt of court. Subsequently, upon the complaint of William N. DeHaven, warrants were issued by E. T. Hogan, county judge of Plumas county, California, for the arrest of William H. Naileigh, sheriff, and J. S. Ward, probate judge, of Roop county, Nevada Territory. The war- rants were placed in the hands of E. Pierce, sheriff of Plumas county, who proceeded to make the arrests. Pierce started with Naileigh across the mountains, for Quincy, but owing to the depth of snow, was unable to get his prisoner over. Deputy Sheriff Byers, who had Judge Ward in charge, owing to some delay, was overtaken by a number of citizens of this valley, who rescued Ward and brought him back. In the mean time, Pierce crossed the mountains with a view to raise men suffi- cient to arrest the prisoners; and 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. On the fourteenth instant, Sheriff Pierce, at the head of about one hundred men armed with deadly weapons, marched into Susanville, and occupied the upper end. Naileigh and Ward, with the Nevada forces, occupied a small log house, well fortified, at the lower end of the town. Early on Sunday morning, Pierce, by a sudden movement, took possession of a large barn about one hundred and fifty yards from the position of the Nevada party, and nearly opposite. Here he commenced to fortify, by moving some large timbers close by into said barn. The Nevada men, who were then in speaking distance, warned the Plumas party not to remove the timber, or they would fire. This they repeated three or four times. The Plumas men seized the timbers and proceeded to carry them away. Five or six shots were immediately fired by the Nevada party, only one taking effect, wounding a Plumas man severely. Both parties continued to fire briskly for three or four hours. There were but two men wounded on the Nevada side; viz., Ward and White, both slightly. These are all the casualties known by this committee resulting from this unfortunate affray. Through the agency of the citizens of Susanville, an armistice was arranged between the belligerents, to last for four hours. The citizens zealously endeavored to effect a compromise, which resulted in the following, to wit: That Pierce, as sheriff of Plumas, and Nai- leigh, as sheriff of Roop, and a committee of the citizens of this valley, agreed that each party should disband; that each sheriff should make a report to their respective governments, strictly in accordance with the facts; and further to urge upon them the necessity of taking immediate action for the settlement of this vexed question of jurisdiction ; in the mean time, neither party to exercise jurisdiction in this valley; and that a committee of citizens should also make a report of the facts of this affray to each of the governors, asking of them to take such steps as would bring about a settle- ment of the controversy as soon as possible.
" 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 castern boundary of
RESIDENCE, HOTEL, AND DAIRY RANCH OF MRS. WILLIAM H. MILLER, BUTT VALLEY, PLUMAS CO. CAL.
361
the state is not definitely known; some are of opinion that it is east of us, and others that it is west. For the sake of our scho .Is 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.
" ISRAEL JONES, " DAN MURRAY, " ISAAC ROOP, " WM. J. YOUNG,
"Committee."
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 authorities of Plumas county, California, and the author- ities and citizens 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 arrangements 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, requesting 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 peaceably 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 proposition.
"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.
" 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 correspondence, 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 between the contending parties of Roop and Plumas counties.
"E. H. PIERCE, " WM. HILL NAILEIGHI."
The reinforcements referred to by Mr. Pierce in his narrative as being on their way from Plumas were taking with them a small cannon, which they were dragging through the snow and over the mountains, experiencing all the difficulties encountered by Napoleon when he made his famous passage of the Alps. News of the compromise reached them while they were still struggling through the snow-drifts, and the cannon was taken back to Quincy to peal forth its joy a few months later at the fall of Vicksburg. William J. Bradford, the man who was so badly wounded,
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was given the warrant for $1,000 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 pursu- ance of the Act of the legislature of March 31, 1866. Judge Ward, who was also wounded, received a scratch from a bullet passing across his breast, while he was going from the fort, and walking in a crouching position. The reason for so few casualties during so long a battle was the fact that both parties had good fortifications, and remained behind them.
When the condition of affairs was represented to the California and Nevada authorities, they took steps to end the difficulty immediately. March 5, 1863, Governor Stanford appointed Hon. Robert Robinson as a commissioner to visit Governor Clemens and agree upon a basis of settlement. Mr. Robinson went to Carson City and consulted Governor Clemens, entered into an agreement, and returned to Sacramento to report.
The basis of settlement agreed upon was: That California and Nevada should each appoint a representative to run the boundary line. That until the line was established, Plumas county should have jurisdiction as far west as the eastern end of Honey lake, at which point the 120° of longitude was located upon De Groote's map. That provision be made by both legislatures to transfer judg- ments, 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 dis- puted territory east of that line. This declaration of Governor Clemens was made for the reason that Commissioner Robinson would not consent to recognize the Kidder line as a compromise line until the contemplated 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 action. This resulted in the Act of April 27, 1863, directing the surveyor-general to survey the eastern boundary line of the state, commencing at the intersection of 120° of west longitude and 39º of north lati- tude; and appropriating $25,000 to defray the expenses of the survey. John F. Kidder was ap- pointed by the surveyor-general to undertake the work, and Governor Clemens appointed Butler Ives to accompany him, on the part of Nevada Territory. They ran the line north from lake Tahoe to the Oregon line, passing east of Honey lake, and conclusively settling the fact that the disputed territory in Roop county lay within the limits of California. The remainder of the un- fortunate county of Roop never has been, and probably never will be, populated enough to require a county government, and it is now attached to Washoe county, in an unorganized condition. The line was also run to within one degree of the south boundary of Nevada, when work was suspended on account of the cold weather. This line passed several miles to west of the town of Aurora, leaving that disputed town and valuable mineral district within the borders of Nevada Territory. The remainder of the line was established in 1865.
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