Discovery of the Yosemite, and the Indian War of 1851, Which Led to That Event

by Lafayette Houghton Bunnell

Here, as expected, Harvey was found, in good fellowship with Marvin, the quartermaster, and others connected with the agency. Walking up to Harvey, Major Savage demanded of him a retraction of his offensive remarks concerning himself. This Harvey refused to do, and said something to the effect that Savage had talked about Harvey. “Yes,” replied Major Savage, “I have said that you are a murderer and a coward.” Harvey retreated a pace or two and muttered that it was a lie. As quick as the word was uttered, Savage knocked Harvey down. Harvey appeared to play ’possum and made no resistance. As Savage stooped over the prostrate Harvey, a pistol fell from Savage’s waist, seeing which, Marvin picked it up and held it in his hand as the Major walked off. Harvey rose to his feet at this moment, and seeing Marvin with the pistol in his hand exclaimed, “Judge, you have got my pistol!” Marvin replied, “No! I have not. This belongs to Major Savage.” When, instantly, Harvey commenced firing at Major Savage, who, though mortally wounded by the first shot, and finding his pistol gone, strove hard to once more reach Harvey, whom he had scorned to further punish when prostrate before him.

This was in August, 1852. Harvey was arrested, or gave himself up, and after the farce of an examination, was discharged. The justice, before whom Harvey was examined, was a personal friend of the murderer, but had previously fed upon the bounty of Savage. Afterwards, he commenced a series of newspaper articles, assailing the Indian management of California, and these articles culminated in his receiving congenial employment at one of the agencies. Harvey, having killed his man, was now well calculated for a successful California politician of that period, and was triumphantly elected to office; but the ghost of Major Savage seemed to have haunted him, for ever after, he was nervous and irritable, and finally died of paralysis. The body of Major Savage was afterwards removed to the Fresno, near his old trading post. A monument was there erected to his memory by Dr. Leach, his successor in business.

I was in San Francisco at the time of these troubles at the agencies; but upon my return, obtained the main facts as here stated, from one of the actors in the tragedy.

At about this time, the management of California Indian affairs, became an important stake in the political circles of Mariposa. I took but little interest in the factions that were assaulting each other with charges of corruption. Notwithstanding my lack of personal interest, I was startled from my indifference by the report of the Superintendent dated February, 1853. His sweeping denunciations of the people of Mariposa county was a matter of surprise, as I knew it to be unjust. This report was considered in a general mass meeting of the best citizens of the county, and was very properly condemned as untrue. Among those who took an active part in this meeting were Sam Bell (once State Comptroller), Judge Bondurant, Senator James Wade, and other members of the State Legislature, and many influential citizens, who generally took but a minor interest in political affairs.

The records of the meeting, and the resolutions condemning the statements of the Superintendent of Indian Affairs, which were unanimously adopted, and were published in the “Mariposa Chronicle” after its establishment, I have preserved as a record of the times. The meeting expressed the general sentiment of the people, but it accomplished nothing in opposition to the Superintendent’s policy, for the people soon discovered that the great “Agitator” at these meetings was a would-be rival of the Superintendent. We therefore bowed our heads and thought of the fox in the fable. I never chanced to meet the gentleman who was at that time Superintendent of Indian Affairs, and know nothing of him personally, but upon reading an official letter of his dated at Los Angeles, August 22nd, 1853, in which he speaks of “The establishment of an entire new system of government, which is to change the character and habits of a hundred thousand persons.” And another letter dated San Francisco, September 30th, 1853, saying that his farm agent, Mr. Edwards, “Had with great tact and with the assistance of Mr. Alexander Gody, by traveling from tribe to tribe, and talking constantly with them, succeeded in preventing any outbreak or disturbance in the San Joaquin Valley.” I came to the conclusion that the Superintendent of Indian Affairs was under astute management, or that he was one of the shrewdest of the many shrewd operators on the Pacific Coast. The schemes of the Indian Ring were not endorsed by Governor Weller, but were practically condemned in a public letter. The charges against the people of Mariposa by the Superintendent of Indian Affairs were absurd and grossly insulting to their intelligence. There had been no assault upon the Indians, except that at King’s river, led by the hangers-on at one of his own agencies. These men continued to be honored guests at the tables of his employes, and one of his most vigorous assailants was given employment that silenced him.

The estimates made by him in his letters and report, were on an assumed probability of a renewal of Indian hostilities. It was true, murders were occasionally committed by them, but they were few as compared with those committed by the Mexicans and Americans among themselves. The estimate of a hundred thousand Indians in California, was known by every intelligent man who had given the subject any attention, to be fabulous. There was probably not a fifth of the number. But that was of no consequence, as the schemes of the “Ring” were successful. Large appropriations were made by Congress in accordance with stipulations of the treaty made between these ignorant tribes, and the Republic of the United States of America. The recommendations were generally carried out in Washington.

The making of a treaty of peace with Indian tribes, may be correctly defined as procuring a release of all claims of certain territory occupied by them. Congress may make appropriations to provide for the promises made, but it is a well known fact that these appropriations are largely absorbed by the agents of the government, without the provisions being fulfilled. The defrauded victims of the treaty are looked upon as pauper wards of a generous nationality; and the lavish expenditure of the Government, is mostly consumed by the harpies who hover around these objects of national charity. This farce of making treaties with every little tribe as a distinct nationality, is an absurdity which should long ago have been ended. With formal ceremony, a treaty of peace is made with people occupying territory under the jurisdiction of our national organization. A governmental power is recognized in the patriarchal or tribal representatives of these predatory bands, and all the forms of a legal and national obligation are entered into, only to be broken and rebroken, at the will of some succeeding administration.

An inherited possessive right of the Indians to certain territory required for their use, is acknowledged, and should be, by the Government, but to recognize this as a tribal or national right, is but to continue and foster their instinctive opposition to our Government, by concentrating and inflaming their native pride and arrogance.

The individual, and his responsibilities, become lost in that of his tribe, and until that power is broken, and the individual is made to assume the responsibilities of a man, there will be but little hope of improvement. The individual is now scarcely recognized by the people (except he be representative); he is but an integral number of a tribe. He has a nationality without a country, and feels that his people have no certain home. He knows that he has been pauperized by contact with the whites and the policy pursued by the Government towards him, and he scorns, while he accepts its bounty. These native-born residents of our common country, are not citizens; their inherent rights are not sufficiently protected, and, feeling this, they in turn, disregard the law or set it at defiance. The best part of my life has been spent upon the frontiers of civilization, where ample opportunities have been afforded me to observe our national injustice in assuming the guardianship and management of the Indian, without fulfilling the treaty stipulations that afford him the necessary protection. The policy of the Government has seemed to be to keep them under restraint as animals, rather than of protective improvement as rational human beings. What matters it, though the National Government, by solemn treaty, pledges its faith to their improvement, if its agents do not fulfill its obligations. I am no blind worshipper of the romantic Indian, nor admirer of the real one; but his degraded condition of pauperism, resulting from the mismanagement of our Indian affairs, has often aroused in me an earnest sympathy for the race. They are not deficient in brain-power, and they should rise from degradation and want, if properly managed. I am not classed as a radical reformer, but I would like to see a radical change in their management.

I would like to see the experiment tried by the Government and its agents of dealing justly with them, and strictly upon honor. I would like to see those who have the management of Indian affairs selected because of their fitness for their positions, without making political or religious considerations pre-requisite, qualifications. Morality and strict integrity of character, should be indispensable requirements for official positions; but a division of patronage, or of Indian souls among the various religious sects or churches, is contrary to the spirit, if not the letter, of our Federal Constitution, and the strife this policy has already engendered among the various sects, is not calculated to impress even the savage with a very high estimate of Christian forbearance and virtue. The cardinal principles of Christianity should be taught the children by example, while teaching them the necessity of obeying God’s moral and physical laws. I would like to see the Indian individually held responsible for all his acts, and as soon as may be, all tribal relations and tribal accountability done away with, and ignored by the Government.