III

Stage, Pony Express and Telegraph.

Declaration of Independence.

            For all the increasing commercial intercourse between California and Salt Lake City, there was no disposition on the part of the inhabitants of Western Utah to accept the civil government supplied from the Mormon capital. On June 11, 1859, a day or so before the usually accepted date for the discovery of the Comstock Lode, the citizens of Gold Hill held a meeting, at which they declared : "The isolated position we occupy, far from all legal tribunals, . . . . renders it necessary that we organize in body politic, for our mutual protection against the lawless, and for meting out justice between man and man." They adopted five "rules and regulations" providing punishment against the cardinal crimes of murder, physical injury, assault and battery, robbery, and also against the operation of any "banking game." Another provision was that "no Chinaman shall hold a claim in this district." This meeting also endorsed the action of a mass meeting that had been held in Carson City June 6, calling for an election of a territorial delegate to Washington on July 14. The election was held on the designated day, resulting in the choice of Judge James M. Crane for delegate to Congress. Crane as has been noted died at Gold Hill September 27, and on November 12, 1859, at another election, J. J. Musser was elected delegate.

            On July 18, 1859, delegates from the different parts of the Carson Valley assembled at Genoa, and adopted their "Declaration of Independence." In this declaration they reproached the Mor-

138      NEVADA

mons with having committed a long series of abuses against the inhabitants of Western Utah. Besides the abuses charged to the Mormons, in interference with the civil and criminal procedure and in the incitement of Indians against the non-Mormon settlements, the declaration concluded with the following arguments :

            We further consider that the danger, difficulty of transit and expense of communication with the seat of the territorial government of Eastern Utah of themselves valid reasons to induce us to form a separate territorial organization.

            We have appealed for assistance to California, but she has declined to aid and protect us because we were without the jurisdiction of the state.

            Therefore, believing in the rectitude of our intentions and believing the time has arrived, we make known and declare our entire and unconditional separation from Eastern Utah.

            To provide for and secure our future protection, we pledge to each other our sacred obligations, to erect for ourselves a territorial government founded upon the Republican principles of the Constitution of the United States, and that we will maintain and defend it to the best of our ability. And we look to the protection and support of the Federal Government and our fellow citizens in every part of the Union.

            A form of government was drafted, and on September 7, 1859, was submitted for ratification, at which time officials of the provisional government were elected. Isaac Roop, whose home was at Susanville (now in Lassen County, California), was chosen governor. On December 15, 1859, the Legislature of this provisional territory met and organized at Genoa. Governor Roop delivered a message, and a committee was appointed to draft a memorial to Congress in behalf of an independent territory for Western Utah. It is evident that all of these actions were more or less informal, and could have no legal sanction beyond that of voluntary support afforded by the people concerned.

            In the meantime, as has been noted, Governor Cumming of Utah had commissioned John S. Child as probate judge of Carson County. By order of Judge Child a special election to fill county offices was held October 8. While this election was held without due authority, the governor forwarded commissions dated November 15, 1859, but most of those elected failed to qualify, and thus Carson County remained practically without civil government.

The Pah-Ute War.

            The leading event of Governor Roop's "administration" was the Pah-Ute Indian war. The records of the great emigration disclosed a contemptuous rather than a timorous attitude toward the tribes of Indians encountered by the travelers west of the continental divide. Prior to 1860 tens of thousands of persons went over the Oregon, the Mormon and the California trails with a minimum loss of life and property due to Indian attack. Travel over these trails was despoiling the Indians of their most precious heritage, wild game. The whites were as frequently the aggressors as were the original occupants of the country. After 1857 the overland caravans and freighting organizations encountered a more hostile attitude, the chief reason for which was usually assigned to Mormon influence. The Gunnison massacre in West-

NEVADA        139

ern Utah in 1853 was generally ascribed to a reprisal for the killing of a Pah-Ute by California emigrants. Many stragglers from the main caravans were captured and killed, and all along the routes the Indians were notorious for the thieving of live stock. All over the Indian country from the Missouri River westward the temper of the tribes was being slowly raised to the point of general hostility by the increasing encroachments upon the lands and hunting grounds which had been repeatedly assured to the red men by solemn treaties. The growing discontent of the plains Indians, especially the Sioux and Cheyenne, blazed into open warfare almost coincident with the breaking out of the Civil war. Among the tribes west of the continental divide the Shoshones were [a] bulwark of peace and amity for the whites, though some of their renegades and their kinsmen, the Snakes and Bannocks, were frequently charged with the murders and robberies that occurred along the overland trails. When these Indians appeared in Nevada they represented excursions undertaken at a long distance from their regular haunts.

            Such raids, with occasional murders and the loss and destruction of property, had caused Governor Roop to communicate with the commander of the Pacific Department in California with a request for a detachment of regular troops to guard the Carson Valley settlements. This letter of the Nevada governor, dated at Susanville February 12, 1860, reads in part :

            We are about to be plunged into a bloody and protracted war with the Pah-Ute Indians. Within the last nine months there have been seven of our citizens murdered by the Indians. Up to the last murder we were unable to fasten the depredations on any particular tribe, but always believed it was the Pah-Utes, yet did not wish to blame them until we were sure of the facts. On the thirteenth day of last month, Mr. Dexter E. Demming was most brutally murdered in his own house, and plundered of everything and his horses driven off. As soon as I was informed of the facts I at once sent out fifteen men after the murderers (there being snow on the ground they could be easily traced) with orders to follow on their tracks until they could find out to what tribe they belonged,

140      NEVADA

and if they would prove to be Pah-Utes, not to give them battle, but to return and report, as we had, some two years ago, made a treaty with the Pah-Utes, one of the stipulations being that if any of their tribe committed any murders or depredations on any of the whites we were first to go to the chiefs and that they would deliver up the murderers or make redress, and that we were to do the same on our part with them. On the third day out they came on to the Indians and found them to be Pah-Utes. . . .            Immediately on receiving this report and agreeable to the said treaty, I sent Captain William Weatherlow and Thomas J. Harvey, as commissioners, to proceed to the Pah-Utes' headquarters, and there inform the chief of this murder and demand redress. It is now pretty well an established fact that the Pah-Utes killed those eight men, one of them being Mr. Peter Lassen. How soon others must fall is not known, for war is now inevitable. We have but few good arms and but little ammunition.

            Therefore, I would most respectfully call upon you for a company of dragoons to come to our aid at once, as it may save a ruinous war, to show them that we have other help besides our own citizens, they knowing our weakness. And if it is not in your power at present to dispatch a company of men here, I do most respectfully demand of you arms and ammunition, with a field piece to drive them out of their forts. A four or six-pounder is indispensable in fighting the Pah-Utes. We have no Indian agent to call on, so it is to you we look for assistance.

Battle of Pyramid Lake.

NEVADA        141

murderous raid to an outrage committed by some of the men at the station on an Indian woman. As soon as the news reached Virginia City volunteers were called for, and 105 men responded from Carson City, Silver City, Genoa, and Virginia City. The crime was laid to the Pah-Utes, and the cry was for immediate and summary vengeance. The volunteers had more enthusiasm than discretion. They went out not as an organized company under discipline and with responsible leaders, but as a party might go out to hunt wolves. The volunteers from each community had a nominal leader, but no one was in general charge of the expedition. Thomas F. Condon had charge of the Genoa detachment ; Maj. William M. Ormsby was the chief of the "Carson City Rangers," Richard Watkins, a one-legged veteran soldier and adventurer, was the leader of the Silver City Guards and afterwards wrote the chief account of the campaign. From their rendezvous the little army set out for the reported headquarters of the Pah-Utes at Pyramid Lake, advancing down the Truckee River to within about three miles of the lake. Here they discovered the Indians in force. The Indians had every advantage. They occupied a position ideal for Indian methods of warfare. The whites had to make their advance, with the Indians lying secure in gulches and behind rocks. There were conspicuous instances of valor and heroism, but when the advance guard was compelled to retreat before a galling fire, the movement communicated a panic among those in the rear, and despite the efforts of Major Ormsby and several others to rally and re-form the lines, the battle soon resolved itself into a rout and flight. Less than half of the total number of volunteers returned to the settlements, those that survived death in battle probably having in considerable numbers fled over the mountains for safety. Several Californians were killed, and among those from Nevada the loss which was most heavily felt was that of Major Ormsby, whose name is commemorated in one of the counties of Nevada.

            From the standpoint of killed and wounded the first battle of Pyramid Lake ranks as one of the big disasters sustained by any volunteer expedition against the Indians. By telegraph and by word of mouth the news of the disaster spread far and wide, and aroused fear not only in the exposed settlements on the eastern side of the mountains, but even in California. A great many people it is said got away as quickly as possible from the Nevada side, "many men suddenly remembering that they had business on the other side of the Sierra Nevada Mountains." The walls of the stone building being constructed at Virginia City by Peter O'Reilly were hastily improvised as a fort. Similar defenses were improvised at Silver City, Gold Hill and elsewhere. Preparations were immediately begun not only for defense but for a war of aggression against the Pah-Utes. Governor Wright of California sent over the mountains a large supply of ammunition and muskets. Volunteers were recruited in several California towns, including Sacramento, and hastened to join themselves with the reorganized army of volunteers in the Washoe district. This volunteer army, known as the Washoe regiment organization, comprised eight companies of infantry and six of cavalry, with a total enrollment of 544. A detachment of United States regulars was also ordered to the scene, more than 200 in number, including a squad to operate two howitzers. The regulars were commanded by Capt. Jasper M.

142      NEVADA

Stewart, and both the regulars and volunteers were combined into a single army under the command of Col. John C. Hays.

            The two forces effected a junction near Wadsworth, May 31, and the following day began their advance down the Truckee River. After an advance of eight miles some rude earthworks were thrown up and named Camp Storey. The following day, June 2nd, an advance guard under Capt. C. F. Storey made contact with the Indians at the site of the former battle. A running fight occurred as Captain Storey withdrew to a junction with the main body under Colonel Hays. Then from the banks of the Truckee River, Captain Storey with his men charged against the Indians occupying the high ground above them, driving the enemy from their first point of vantage. In a short time the battle became general, the whites moving in a continuous line with one flank on the river and the other on the mountain ridge, steadily driving the Indians before them, until resistance was completely broken down and the Pah-Utes were in flight. Among the few killed one was the greatly lamented Captain Storey, who is honored in the name of another of Nevada's counties. After the battle the army buried many of the victims of the earlier massacre and then pursued the Pah-Utes from their villages around to the north of Pyramid Lake, where the campaign ended. The volunteer forces returned home and were disbanded, but the regular troops under Captain Stewart remained in camp at Pyramid Lake, throwing up some earth works which were named Fort Haven. In the Honey Lake Valley west of the scene of these battles, at this time a government engineer, Col. F. W. Lander, was engaged in surveying and constructing a wagon road. Colonel Lander had previously been engaged in similar work in what is now Wyoming, and had laid out what was known as "Lander's Cut-off" on the Oregon trail. Colonel Lander and his men had a skirmish with the Indians and afterwards he took an important part in the negotiations with Numaga, the chief of the Pah-Utes, in inducing his people to settle down quietly on a reservation allotted to them in the vicinity of Pyramid Lake. Colonel Lander was the third participant in this Indian war of 1860 for whom a Nevada county was named. An Indian agent, Maj. Frederick Dodge, supplemented the efforts of the War Department in pacifying these Indians and in relieving their sufferings by government supplies of food and clothing. After the departure of Major Dodge his duties were taken over by the noted scout and frontiersman, Warren Wasson, whose influence over these Indians had much to do with their settling down on the Pyramid and Walker Lake reservations.

            After this threat of Indian warfare had been removed, the regular troops abandoned their temporary post at Fort Haven on Pyramid Lake and moved to a point about midway between Pyramid Lake and Walker Lake and along the Carson River laid out the original military post in Nevada known as Fort Churchill. With the concentration of the Pah-Utes on reservations and after the establishment of Fort Churchill, the annals of Indian warfare in Nevada again become a matter of occasional murder, robbery and minor crime. Many of the Pah-Utes hung around the settlements, and often derived their subsistence as scavengers on food thrown away by the whites.