Lassen County CA Archives History - Books .....The Sage Brush War 1882
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Joy Fisher sdgenweb@gmail.com January 16, 2006, 5:50 pm

Book Title: Illustrated History Of Plumas, Lassen & Sierra Counties

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 Ptoop 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 California, 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 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 cessation 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 reinforced 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
Susanville, 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."

   Another statement of the case was presented by the people of Honey Lake to
Governor Stanford 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
dollars 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 warrants 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 sufficient 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 Naileigh, 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 settlement 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 eastern boundary of 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
schools 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 authorities 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. Eoop,
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 NAILEIGH."

   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, 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 pursuance of the
Act of the legislature of March 31,1886. 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 judgments,
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 disputed 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 39° of north
latitude; and appropriating $25,000 to defray the expenses of the survey. John
F. Kidder was appointed 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 unfortunate 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.

   By the survey of the eastern boundary of California, made by Von Schmidt in
1876, that portion of the line north from lake Tahoe was moved a few miles to
the east, thus adding to Lassen ^and the other border counties a strip of
territory that had formerly been considered a portion of Nevada.



Additional Comments:
Extracted from:

Illustrated History of Plumas, Lassen & Sierra Counties

San Francisco: Fariss & Smith
(1882)

File at: http://files.usgwarchives.net/ca/lassen/history/1882/illustra/sagebrus277ms.txt

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