Captain Boling elected Sheriff—Appointment of Indian Agents—Ten-ie-ya allowed to return to Yosemite—Murder of Visitors—Lt. Moore’s Expedition and Punishment of Murderers—Gold Discoveries on Eastern Slope of Sierras—Report of Expedition, and first Published Notice of Yosemite—Squatter Sovereignty—Assault upon King’s River Reservation—The Supposed Leader, Harvey, Denounced by Major Savage—A Rencounter and death of Savage—Harvey Liberated by a Friendly Justice—An Astute Superintendent—A Mass Meeting—A Rival Aspirant—Indians and Indian Policy.

After being mustered out, the members of the battalion at once returned to their various avocations. I was fully occupied with mining and trading operations, and hence gave little heed to affairs at the Fresno. Through Captain Boling, however, who was elected Sheriff of the county, and whose business carried him to all parts of the country, I learned of the appointment of Col. Thomas Henly as agent for the tribes of Mariposa county, and as sub-agents M. B. Lewis for the Fresno and Wm. J. Campbell for the King’s River Agencies. I afterwards met Col. Henly and Mr. Lewis in Mariposa, and was much pleased with the Colonel. Both of these gentlemen were kind and genial; but Mr. Lewis soon tired of his office as unsuited to his taste, and accepted a position in the State Government under Major Roman. His successor, I believe, was Capt. Vincinthalor. Old Ten-ie-ya, and his band, were never recipients of friendly favors from Savage, nor was he in very good standing with the agent. This was known to the other chiefs, and they frequently taunted him with his downfall. The old chief chafed under the contemptuous treatment of those who had once feared him and applied to the sub-agent or farmer for permission to go back to his mountain home. He claimed that he could not endure the heat at the agency, and said he preferred acorns to the rations furnished him by the Government.

To rid itself of the consequences engendered by these petty squabbles with the old chief, the management at the Fresno consented to a short absence under restrictions. Ten-ie-ya promised to perform all requirements, and joyfully left the hot and dry reservation, and with his family, took the trail to the Yosemite once more. As far as is known, Ten-ie-ya kept faith and disturbed no one. Soon after his departure, however, a few of his old followers quietly left the Fresno as was supposed to join him, but as no complaints were made by their chiefs, it was understood that they were glad to be rid of them; therefore no effort was made to bring them back. During the winter of 1851-52 a considerable number of horses were stolen, but as some of them were found in the possession of Mexicans, who were promptly executed for the theft, no charge was preferred against the Yosemites.

Early in May, 1852, a small party of miners from Coarse Gold Gulch, started out on a prospecting tour with the intention of making a visit to the Yosemite Valley.

The curiosity of some of these men had been excited by descriptions of it, made by some of the ex-members of the Battalion who had gone to Coarse Gold Gulch, soon after their discharge. This party spent some little time prospecting on their way. Commencing on the south fork of the Merced, they tested the mineral resources of streams tributary to it; and then, passing over the divide on the old trail, camped for the purpose of testing the branches leading into the main Merced. While at this camp, they were visited by begging Indians; a frequent occurrence in the mining camps of some localities. The Indians appeared friendly, and gave no indications of hostile intentions. They gave the party to understand, however, that the territory they were then in, belonged to them, although no tribute was demanded. The miners comprehended their intimations, but paid no attention to their claim, being aware that this whole region had been ceded to the Government by treaty during the year before.

Having ascertained that they were a part of the Yosemite Band, the miners by signs, interrogated them as to the direction of the valley, but this they refused to answer or pretended not to understand. The valley however, was known to be near, and no difficulty was anticipated, when the party were ready to visit it, as an outline map, furnished them before starting, had thus far proved reliable. Unsuspicious of danger from an attack, they reached the valley, and while entering it on the old trail, were ambushed by the Indians from behind some rocks at or near the foot of the trail, and two of the party were instantly killed. Another was seriously wounded, but finally succeeded in making his escape. The names of the two men killed were Rose and Shurbon; the name of the wounded man was Tudor.

The reports of these murders, alarmed many of the citizens. They were fearful that the Indians would become excited and leave the reservations, in which case, it was thought, a general outbreak would result. The management of the Fresno agency was censured for allowing Ten-ie-ya to return to the valley, and for allowing so considerable a number of his followers to again assemble under his leadership. Among the miners, this alarm was soon forgotten, for it was found that instead of leaving the reservations, the Indians camped outside, fled to the agencies for protection, lest they should be picked off in revenge for the murders perpetrated by the Yo-sem-i-tes. The officer in command at Fort Miller, was notified of these murders, and a detachment of regular soldiers under Lt. Moore, U. S. A., was at once dispatched to capture or punish the red-skins. Beside the detachment of troops, scouts and guides, and a few of the friends of the murdered men accompanied the expedition. Among the volunteer scouts, was A. A. Gray, usually called “Gus” Gray. He had been a member of Captain Boling’s company and was with us, when the valley was discovered, as also on our second visit to the valley under Captain Boling. He had been a faithful explorer, and his knowledge of the valley and its vicinity, made his services valuable to Lt. Moore, as special guide and scout for that locality. The particulars of this expedition I obtained from Gray. He was afterward a Captain under Gen. Walker, of Nicaragua notoriety. Under the guidance of Gray, Lt. Moore entered the valley in the night, and was successful in surprising and capturing a party of five savages; but an alarm was given, and Ten-ie-ya and his people fled from their huts and escaped. On examination of the prisoners in the morning, it was discovered that each of them had some article of clothing that had belonged to the murdered men. The naked bodies of Rose and Shurbon were found and buried. Their graves were on the edge of the little meadow near the Bridal Vail Fall.

When the captives were accused of the murder of the two white men, they did not deny the charge; but tacitly admitted that they had done it to prevent white men from coming to their valley. They declared that it was their home, and that white men had no right to come there without their consent.

Lieutenant Moore told them, through his interpreter, that they had sold their lands to the Government, that it belonged to the white men now; that the Indians had no right there. They had signed a treaty of peace with the whites, and had agreed to live on the reservations provided for them. To this they replied that Ten-ie-ya had never consented to the sale of their valley, and had never received pay for it. The other chiefs, they said, had no right to sell their territory, and no right to laugh at their misfortunes.

Lieutenant Moore became fully satisfied that he had captured the real murderers, and the abstract questions of title and jurisdiction, were not considered debatable in this case. He promptly pronounced judgment, and sentenced them to be shot. They were at once placed in line, and by his order, a volley of musketry from the soldiers announced that the spirits of five Indians were liberated to occupy ethereal space.