Part 6

Civil government had not been extended over that section of the country. The only system they had was the Alcalde system. This was borrowed from California, and by the Californians was borrowed from the mining jurisprudence of Spain. Every mining community of any considerable size had its Alcalde. He held his office by election, and his jurisdiction swept over the entire field of jurisprudence. There was no appeal from his judgments or decrees. Jacksonville and its mining community had such an officer; his name was Rogers. I think he was a lawyer, but had long since ceased to practice. He was a grey-headed and venerable-looking man. He administered the unwritten and the unclassified law of justice and equity as it appeared to him from the facts of each case heard by him. His judgments and decrees were promptly enforced; but there came a change. In the fall of '52 four men in the Willamette Valley formed themselves into a co-partnership for mining purposes, and with their horses and provisions went to Jackson Creek to try their fortune at mining. At first they were not successful. Provisions running low, they dispatched one of their number to the Willamette Valley with their horses to bring in an ample supply of provisions for the fast-approaching winter. This partner, sent on such a mission, became acquainted on his trip with a blooming damsel who had just crossed the plains. He made love to her; she reciprocated, and they were married. The season had far advanced when the honeymoon was over. He brought, however, on his delayed return an abundant supply of provisions. His partners during his absence, had located some claims, opened them and found them very rich. But on his return, while they accepted the provisions, they denied to him all accounting, and refused to acknowledge his interest in the new-found claims. He brought an action before the Alcalde for an accounting and for the affirmation of his interest in the claims. The Alcalde, after hearing and fully considering the facts of the case, granted both of the petitions. Up to this time I had had no employment in the case and had taken but a general interest in it. The defeated parties called a miners' convention, whose declared object was the election of a judge of appeals for that and other cases. My connection with the case commenced at this point. I was employed by the successful party before the Alcalde, and by others, to oppose this movement. At the appointed time nearly all of the miners of Jackson Creek and its vicinity assembled in convention at the appointed place. The feeling for and against the proposition was quite intensified. After the convention was organized I arose and with some trepidation addressed the large crowd. I was listened to throughout with silent and respectful attention. I took the position, first, that inasmuch as the machinery of civil government had not as yet been extended over that district of the country, the Alcalde system prevailed, and thousands upon thousands of valuable properties had changed hands by virtue of the Alcalde judgments and decrees and their enforcement, and the property rights of many were dependent upon the validity and stability of such judgments and decrees, all would be endangered by the proposed change; that his ministerial officers might be subject to prosecution; that under such circumstances we had better stand upon the records of the past,--records as old as the institution of mining in the United States. I further argued that if we attempted to complicate affairs by the election of a judge of appeals, and possibly by the institution of other tribunals for the correction of error, we turn a system simple in itself, and beneficent in its operations in the past, into a complicated farce. I argued in favor of the probability of the Legislature, when it extended its machinery of civil government over that section of country, passing an act validating the judgments and decrees or providing for a liberal mode and time for an appeal from them. My last point, omitting others, was that this movement had its origin in, and promotion by, the parties defeated in the Alcalde's court. If they had the power to secure a determination in favor of a court of appeals they certainly had power to elect the judge of appeals; that as this would be the first case to be heard by him, they certainly would not elect a judge who was not favorable to their interests; and that it had the appearance to me of a court organized to convict or to reverse. I pushed this point with every reason and every illustration and consideration that I could command. I appealed in conclusion to their native sense of justice and equity, and closed after speaking a little over an hour. I was roundly applauded. My opponent was what was known in the States as a pettifogger. I use this term not opprobriously. He was an old miner and possessed the power of rough-edged ridicule and philippics. He thought that the best way to answer my argument was to annihilate me. His description of a beardless tenderfoot coming all the way from Michigan to teach veteran miners what they ought to do, or ought not to do was certainly amusing, if not overdrawn by its exaggeration. He was frequently applauded by his side. When he was through the voting commenced. The contending forces arrayed themselves on each side of a line, with a space of four or five feet between them. The pulling and hauling across the space was continuous. After several efforts to make an accurate count, it was reported to the President that there was a majority of from three to ten in favor of the proposition. The next move was to select a judge of the court of appeals. This was soon accomplished. The judge so elected notified the parties of the time and place where the appeal was to be heard. At the appointed time I appeared and filed a written protest and demurrer to his jurisdiction. When I had finished reading them he promptly, and without hearing the other party, overruled both protest and demurrer. He heard the case anew and promptly reversed the judgment of the Alcalde. I think this was the only case the judge of appeals ever heard. Nothing but the dignity of the office remained. In after years I became well acquainted with said judge, but I never mentioned the subject to him. A more extended account of this affair is given in one of Bancroft's histories of the coast. The record or papers filed by me in this case, I have been informed, are in the archives of Jackson County.

Two incidents occurred late in the fall of '53 which as they are somewhat historical in their character and results, may bear narration. Rogue River Valley was unoccupied and afforded abundant pasturage for horses and mules and horned cattle. Some enterprising fellow had just pre-empted all of that portion of the valley west of Bear Creek, and received stock for pasturage on that pre-empted domain, at so much per head. Late in the fall, four fine American horses had been stolen from this pasture. The theft was immediately attributed by the owners, and by the keepers of the stock, to the Indians. A party of hot-headed fellows, headed by the owners of the lost horses, went to the Indian Ranceree on Rogue River and took four of its younger men as prisoners, or rather as hostages--threatening to kill them if the stock was not delivered within a week. The hostages were brought to Jacksonville and strictly confined until the time should elapse. This action created great excitement among the Indians, and to save the lives of their companions they hunted for the lost animals in every direction, but could find no trace of them. The Rogue River Indians gave it as their opinion that a band of Klamath Indians but recently in Rogue River Valley, on a trading expedition, had stolen the horses and driven them across the mountains to the Klamath Lake country. The fatal day arrived and the horses were unfound; and the determination was expressed by a large party of miners, reinforced by the gambling element, to carry the threat into execution. One of the Indians asked that he might talk to the whites before he was led out to execution. His request, after some considerable opposition, was finally granted. His speech was interpreted into English and ran, as far as I remember it, about as follows: He said that neither himself nor his companions had stolen the horses, and that they knew nothing about their loss; that the white man did not claim that they stole the horses, but they were to be killed because others had stolen the white man's horses, and neither they nor their friends were able to deliver them up to the white man; that the Indians had always treated the white man kindly--when he was hungry they gave him something to eat--but the white man had taken possession of their country, had driven the game far away into the mountains, had decreased the number of fish in the rivers and streams by muddying their waters, and had by the tramping of their horses and cattle destroyed the Kamas and Kouse upon which they largely subsisted and had entirely destroyed the grass and other seeds which they gathered in large quantities for food; that he felt like one wandering alone in the deep fog and dark timber on a mountain side, and he heard the voice of the spirits of his fathers calling to him "be quiet and brave; the Great Spirit will avenge you." He closed. Someone moved that the punishment be mitigated to whipping. I protested against any punishment at all, but voted for the mitigation. The motion carried; the poor innocent Indians were led away to receive the punishment; but I must say that the executioner of the sentence did not lay on the lash in a severe and brutal manner. The Indians were told to go; and they stayed not on the order of their going, but left with good speed. Such unjustified acts are pregnant with trouble, and the Indian war followed soon after.

There lies east of the southern portion of Rogue River Valley a wide slope of land free from timber and ending at the rim of the mountain, and beyond and easterly from which--there is a high mountain table land--covered with fine green timber, among which sleep verdant valleys whose arms extend like the radius of a star, in every direction. Some of these valleys are wet and marshy, while others are dry and produce a rich and abundant growth of bunch grass. There was a large number of stock pastured in this section of country. Occasionally a small band of the fattest and largest steers would mysteriously disappear from this range. The number disappearing increased each successive year. The cattle men became alarmed, and organized an armed and mounted patrol to keep guard and watch over their stock. In the fall of '51 it was reported that some five or six fine steers were missing from their accustomed range. A search was immediately made and the trail of the missing cattle discovered. It led over the rim into the mountain basin or plateau, above referred to and across a marsh, now, and from this circumstance, called Dead Indian Prairie, and up a narrow arm of the prairie to a mountain culmination in a lonely spot, surrounded on nearly all sides by a dense growth of tall chapparal brush. Here the carcasses of the cattle, also the bodies of three Indians were found, with all the indications that they had been recently killed. These patrol men said that they also found the meat of the slaughtered cattle on platforms, with a slow fire of hardwood still burning beneath them. Thus the process of jerking preparatory to packing was in full operation. They gave it as their opinion that the cattle had been stolen by Klamath Indians, and that a party of predatory Modocs came upon them a short time before the patrol men appeared, and, finding a good opportunity to supply themselves with food, shot down the Klamaths; but that before they could appropriate to themselves the booty, the whites made their appearance and the Modocs hid away in the chapparal brush. This theory was received by their employers as rational and satisfactory. In '58 I visited this country for the first time--having heard the story, I sought the spot where the tragedy occurred. There were still the bleached bones of the cattle and the whitened skeletons of three Indians. The platform was still standing, and the extinguished brands of charcoal and the ashes, of the vine-maple fire still existed.

It was late in the afternoon. The sun was fast disappearing behind the western hills. I hesitated for a moment whether to take a long route by way of the narrow prairie to our camp, or to go down the brush-covered mountain sides and thus cut off at least a mile of the distance. The side of the mountain down which I determined to go, was said to be infested with grizzly. I examined my rifle and pistol, to see if they were in order and then with rapid strides commenced the descent. When about half way down I heard a rustling in the brush to my left; I turned and looked in that direction, and saw two large grizzlies on their haunches attentively surveying me. My first thought was to shoot; but as my rifle was a muzzle loader, I concluded that discretion was the better part of valor, inasmuch as there were two of them--hence I stood quiet till they dropped out of sight in the brush. I did not allow the grass to grow much under my feet, as I dodged through the chapparal brush to reach the prairie beyond. I am convinced that I could have killed one of them, but what to do with his enraged mate, was the question. I remember the answer of a young man, who, while hunting, came across a grizzly probably in her own jungle, in about the same way. He was asked why he did not shoot; his answer was, that it would be some honor for a man to kill a full grown grizzly, but a far greater honor for a grizzly to kill a man.

This great basin--circular in form and some eight miles in diameter--has been visited by me in connection with hunting parties many times since. It is, or was in former years the hunter's paradise; but I am informed that the cattle men--the pre-emptor, and the homesteaders, and timber monopolizers--have extended their dominion over the luxuriant grass-producing prairies and the magnificent forests of pine, fir, hemlock and larch, and have driven the game far back into the fastnesses of the mountains. The Indian kills only to satisfy his wants and with only imperfect instruments of destruction; he did not menace the entire extinction of the beasts of the field and forest, hence game of every kind existed and multiplied all around him; but to the white man, armed with a repeating rifle, and fired with a devouring avarice their doom is fixed. Nothing but the intervention of the strong arm of the law can avert the decree of annihilation. Having alluded to this matter once before in these sketches I will not pursue it further here.

Black-tail deer were abundant on this mountain plateau, and it did not take long for a party of good shots to obtain all the venison desired. We did not kill for the mere love of slaughter, but for food and for the attendant excitement and recreation of hunting.

There roamed through these forests numerous small bands of elk; I say small bands, for I have never seen them here in such large herds as I have seen in the Coast and Olympic ranges of mountains. They seemed to exist here in family groups, ranging in number from three to seven or eight. I counted one group, however, numbering fifteen, in an exploring expedition in the dark woods near the base of snow-crowned Mount McLaughlin. I had a fine opportunity to shoot a good sized buck whose head was crowned with large and fine antlers; but was so distant from camp and the ground was so rough and difficult of access, that I forebore, and seated myself on a rock to study their habits and to watch their movements. These small bands were quite difficult to find, for the elk is a great roamer, but with pluck and perseverance, and the discomforts of sleeping on their trail perhaps for one night, we were usually successful, unless the trail led into the impassable breaks in the mountains.

The bear family was well represented in this mountain plateau. The black, the brown, the cinnamon, the grizzly and what is known among hunters as the mealy-nosed brown bear, were plentiful. This last species of bear, if it be proper to call them a species, I have always thought was a cross between the grizzly and the brown bear. His nose or muzzle up to his eyes is nearly white. Like many crosses, he inherits all the bad qualities of his progenitors, and seemingly, none of their good qualities. In size he is between the grizzly and the brown bear. While most of the species of the bear family will run on the approach of man, unless one comes upon them suddenly in their patrimonial jungle, or a female with her cubs, the mealy-nosed bear is inclined to stand his ground, and to resent any crowding upon him. Doctor Livingston says, in his Book of Travels in Africa, that if you come upon the lion in the day time, he will face you and quietly look at you; and if you stand still he will in a short time turn and look at you over his shoulder, and then commence easily to move away, and when he thinks he is out of sight he will bound off with accelerated speed. The mealy-nosed brown bear acts very much in the same manner. Hunting parties sometimes have with them a leash of trained bear-dogs, and they always close the hunt in a chase for bruin. There is in this kind of sport a dash of danger, that makes it all the more exciting.

Hunters, like poets, are born. Keenness of vision, presence of mind in case of conflict or danger, together with steadiness of nerve, are the essential characteristics of a true hunter. No practice or exercise can fully supply these qualities. I could narrate many exciting and dangerous conditions, or situations, arising from the want of some of these qualities; but as the actors may be living, I omit them.

I am at liberty to narrate only my own acts and mistakes. I cannot omit from these sketches the first grizzly killed by me. Myself and companion were camping on Dead Indian Prairie, when we were informed that there were some fresh elk-tracks near a large wet prairie some three miles from our camp. We started out to hunt for these elks. We went up a narrow prairie through which flowed a small brook to a larger prairie through which this brook also flowed. The brook was fringed on each side with a thick growth of willows from three to five rods in width. We hitched our horses near the larger prairie, and my companion was to go carefully through the timber on the right hand, while I was to cross the brook and carefully scout the timber on the left hand. Shortly after I had crossed the brook and got a good view of the prairie beyond, I saw a large grizzly feeding near the outer line of the willows. He was some sixty or seventy rods away. I considered for a moment, my plan of action. I had left my pistol at the camp and had only my rifle and hunting-knife. I kept in the timber out of sight until I got opposite to him and probably about forty rods away. Grass on the prairie was tall, and I concluded that as I only had one shot, I would get closer to him; so I crawled through the grass towards him until I was possibly twenty rods away. He commenced to act as though all was not right, and he stood listening, reared upon his haunches, and snuffing the air. I began to get a little nervous. I desired to get a shot at or near the butt of his ear. While he was listening, however, he kept turning his head from me and towards the willows. I concluded that I could strike his heart, and quickly brought my rifle in position, and fired. He fell to the ground; I arose to my feet and commenced to reload. My rifle was muzzle-tight, and I had to carry in my pouch a bullet-starter. Having got the powder in the gun and started the ball, just as I pulled the ramrod he arose to his feet. As I was in plain view, he started directly for me. Casting my eye around, I saw a hemlock tree, with pendent limbs, some thirty or more rods away. I started for it with all the speed I possessed. As he was running on a kind of circle hypothenuse, I could see that he was rapidly closing the space between us. He was probably fifteen or twenty feet from me when I dropped my rifle and leaped for the branches of the tree. My aspirations were lofty just then. Had he come on, he might possibly have gotten me, but I was soon out of his reach. He stopped to grasp my rifle and shook it violently. It was a half-stocked rifle, and he bit off a portion of the stock. He stayed around the tree some three or four minutes licking his wound, which I subsequently found was less than half an inch too high. It was a mortal shot, but did not produce immediate death. He suddenly leaped to his feet and dashed off to a thicket of chapparal some twelve or thirteen rods away. I descended from the tree, found my rifle to be in an effective condition, rammed down the ball, put on a cap and ran for a tree standing outside of the chapparal brush--listened and looked; and I quickly saw him. He had run into the forks of a felled tree and had all the appearance of life. I fired at the butt of his ear, but he did not move. I reloaded and carefully approached him and found him to be dead. He was poor, but was estimated to weigh some two hundred and fifty or three hundred pounds. We took his pelt, and after a good deal of persuasion and blindfolding my riding-horse took it into camp.

Moral: no man has the right to hunt grizzly bear with a muzzle-loading rifle and muzzle-tight at that.

I have several times since then, either alone or with a hunting companion, met them, and with a Remington repeater found no difficulty in commanding the situation.

The winter of 1852-'53 was distinguished for--so far as the memory of the oldest inhabitants recalled--its unprecedented deep fall of snow.

Rogue River Valley is rimmed around on all sides by high ranges of mountains. These mountain ranges were rendered impassable for pack trains or other modes of transportation. The supply of provisions in the mines grew less and less, until it was nearly exhausted. Flour and beef, the staples of the miners' diet, went up to a dollar a pound and more; salt was worth nearly its weight in gold. This was the result of a corner, however. In these circumstances myself and three partners, who had purchased some mining claims a considerable distance down Rogue River, took our blankets, rifles and a scanty supply of provisions on our backs and started for our claims. It was with some difficulty that we were able to reach them. They were gulch claims, and if intelligently worked under fair conditions of the weather would yield about an ounce a day to each laborer. We commenced work on them, but the weather was so inclement and the snow fall so continuous that we suspended. I ought to have stated that there was quite a good log cabin on the claims. My partners all claimed to be good hunters, but showed no disposition to try or show their skill in that regard. I did all the hunting and succeeded in keeping the camp quite well supplied with venison. I finally tired of their masterly inactivity, and my strenuous work in wallowing about in the snow.