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Building a State in Apache Land

<h1>Building a State in Apache Land</h1> <h2>From articles of Charles D. Poston in the Overland Express</h2> <hr style="width: 65%;" /> <h2>I</h2><h3>How the Territory Was Acquired</h3> In San Francisco in the early fifties, there was a house on the northeast corner of Stockton and Washington, of considerable architectural pretensions for the period, which was called the "Government Boarding House." The cause of this appellation was that the California senators and their families, a member of Congress and his wife, the United States marshal, and several lesser dignitaries of the Federal Government, resided there. In those early days private mansions were few; so the boarding-house formed the only home of the Argonauts. After the ladies retired at night, the gentlemen usually assembled in the spacious parlor, opened a bottle of Sazerac, and discussed politics. It was known to the senators that the American minister in Mexico had been instructed to negotiate a new treaty with Mexico for the acquisition of additional territory; not that there was a pressing necessity for more land, but for reasons which will be briefly stated: 1st. By the treaty of 1848, usually called Guadaloupe Hidalgo,[A] the government of the United States had undertaken to protect the Mexicans from the incursions of Indians within the United States boundary, and as this proved to be an impractical undertaking, the damages on account of failure began to assume alarming proportions, and the government of the United States was naturally anxious to be released from the obligation. 2. The Democratic party was in the plenitude of power, and the Southern States were dominant in the Administration. It had been the dream of this element for many years to construct a railroad from the Mississippi River to the Pacific Ocean, and the additional territory was required for "a pass". It was not known at that early day that railroads could be constructed across the Rocky Mountains at a higher latitude, and it was feared that snow and ice might interfere with traffic in the extremes of winter. The State of Texas had already given encouragement to the construction of such a railroad, by a liberal grant of land reaching as far west as the Rio Grande, and it devolved upon the United States to provide the means of getting on to the Pacific Ocean. The intervening country belonged at that time to Mexico, and for the purpose of acquiring this land the treaty was authorized. The condition of affairs in Mexico was favorable to a negotiation. Santa Ana had usurped the powers of the government, and was absolute dictator under the name of President. There was no Mexican Congress, and none had been convened since they were herded together at the conclusion of the Mexican War under protection of American troops. The condition of affairs in the United States was also extremely favorable. The treasury was overflowing with California gold, under the tariff of 1846 business was prosperous, the public debt small, and the future unclouded. The American Minister to Mexico (General Gadsden of South Carolina) was authorized to make several propositions:— 1st. Fifty Millions for a boundary line from the mouth of the Rio Grande west to the Pacific Ocean. 2nd. Twenty millions for a boundary line due east from the mouth of the Yaqui River in the Gulf of Mexico to the Rio Grande. This was to include the peninsula of Lower California. 3rd. Ten millions for a boundary line to include the "railroad pass." A treaty was finally concluded for the smaller boundary, including the "railroad pass," comprising the land between the Rio Grande and the Colorado Rivers south of the Gila River, with the boundary line between the United States and Mexico about the shape of a dog's hind leg. The price paid for the new territory, which was temporarily called the "Gadsden Purchase," was ten million dollars. A check for seven million was given by Mr. Guthrie, Secretary of the Treasury, on the sub-treasury in New York, to the agent of Santa Ana; but not a dollar of it ever reached the Mexican treasury, as Santa Ana fled with the spoil. The remaining three millions were retained to pay the "lobby" and confirm the treaty. The treaty was signed in Mexico on the 23d day of December, 1853. Pending the negotiation of the treaty between the high contracting parties, in the City of Mexico, the discussion of the subject grew interesting at the Government Boarding-House in San Francisco, and a new California was hoped for on the southern boundary. Old Spanish history was ransacked for information from the voyages of Cortez in the Gulf of California to the latest dates, and maps of the country were in great demand. In the mean time an agent of the Iturbide family had arrived in San Francisco with a "Mexican Grant." After the execution of the Emperor Iturbide, the Congress of the Mexican Republic voted an indemnity to the family of one million dollars; but on account of successive revolutions this sum was never at the disposition of the Mexican treasury, and in liquidation the Mexican government made the family a grant of land in California, north of the Bay of San Francisco, but before the land could be located, the Americans had "acquired" the country, and it was lost. The heirs then made application to the Mexican government for another grant of land in lieu of the California concession, and were granted seven hundred leagues of land, to be located in Sonora, Sinaloa and Lower California, in such parcels as they might select. Seven hundred leagues, or 3,000,800 acres, is a large tract of land in a single body, and the attorney of the heirs considered it more convenient to locate the land in small tracts of a league or two at a place. The government of Mexico conceded whatever was required, and the grant was made in all due form of Mexican law. In the discussion at the Government Boarding House in San Francisco it was urged: That the Gulf of California was the Mediterranean of the Pacific, and its waters full of pearls. That the Peninsula of Lower California was copper-bound, interspersed with gold and minerals, illustrated with old Spanish Missions, and fanned by the gentlest breezes from the South Pacific. That the State of Sonora was one of the richest of Mexico in silver, copper, gold, coal and other materials, with highly productive agricultural valleys in the temperate zone. That the country north of Sonora, called in the Spanish history "Arizunea" (rocky country) was full of minerals, with fertile valleys washed by numerous rivers, and covered by forests primeval. That the climate was all that could be desired, from the level of the Gulf of California, to an altitude of 15,000 feet in the mountains of the north. That the Southern Pacific Railroad would soon be built through the new country, and that a new State would be made as a connecting link between Texas and California, with the usual quota of governors, senators, and public officials. It was urged that the Iturbide Grant could be located so as to secure the best sites for towns and cities in the new State, and the rest distributed to settlers as an inducement for rapid colonization. The enthusiasm increased with the glamour of Spanish history and the generous flow of Sazerac. It must be admitted that an alluring prospect was opened for a young man idling away his life over a custom house desk at three hundred dollars a month; and in the enthusiasm of youth I undertook to make an exploration of the new territory and to locate the Iturbide Grant. Who could have foreseen that the attempted location of the Iturbide Grant would upset the Mexican Republic and set up an empire in Mexico under French protection? The first thing was to organize a "syndicate" in San Francisco, to furnish funds for expenses and for the location of the Iturbide Grant. This was easily accomplished through some enthusiastic French bankers. The ex-member of Congress was dispatched to the City of Mexico to secure the approbation of the Mexican government, and I embarked at San Francisco for Guaymas with a rather tough cargo of humanity. They were not so bad as reckless; not ungovernable, but independent. The records of the United States consulate in Guaymas, if they are preserved, show our registration as American citizens, fourteenth day of January, 1854. The Mexican officials were polite, but not cordial. They said Santa Ana had no right to sell the territory, as he was an usurper and possessed no authority from the Mexican people. As international tribunals had not then been established to determine these nice points of international ethics, we did not stop to argue the question, but pushed on to the newly acquired territory. We were very much disappointed at its meagerness, and especially that the boundary did not include a port in the Gulf of California. A larger territory could have been secured as easily, but the American Minister had only one idea, and that was to secure "a pass" for a Southern Pacific Railroad from the Mississippi River to the Pacific Ocean. The pass desired was the Guadaloupe Cañon, used as a wagon road by General Cook in his march from New Mexico to California in 1846, and strange to say, not subsequently occupied as a railroad pass. The country south of the new boundary line is not of much consequence to us: it belongs to Mexico. The country north of the Mexican boundary is the most marvelous in the United States. After many years of arduous investigation and comparison with all the other countries of the world, it is still nearly as great an enigma as when first explored in 1854. The valleys are as fair as the sun ever shone upon, with soil as productive as the valley of the Nile. The rigors of winter never disturb agricultural pursuits in the open. In fact, in the southern portion of the territory there is no winter. The valleys of Arizona are not surpassed for fertility and beauty by any that I have seen, and that includes the whole world; but still they are not occupied. Spanish and Mexican grants have hung over the country like a cloud, and settlers could not be certain of a clear title. Moreover, the Apaches have been a continual source of dread and danger. This state of affairs is, however, now passing away. There were evidences of a recent Mexican occupation, with the ruins of towns, missions, presidios, haciendas, and ranches. There were evidences of former Spanish civilization, with extensive workings in mines. There were evidences of a still more remote and mysterious civilization by an aboriginal race, of which we know nothing, and can learn but little by the vestiges they have left upon earth. They constructed houses, lived in communities, congregated in cities, built fortresses, and cultivated the soil by irrigation. No evidence has been found that they used any domestic animals, no relic of wheeled vehicles, neither iron, steel, nor copper implements; and yet they built houses more than five stories high, and cut joists with stone axes. How they transported timbers for houses is not known. The engineering for their irrigating canals was as perfect as that practiced on the Euphrates, the Ganges, or the Nile. The ruins of the great houses (casas grandes) are precisely with the cardinal points. Near Florence, on the Gila, is beyond all doubt the oldest and most unique edifice in the United States. Just when and how it was built baffles human curiosity. Whether it was erected for a temple, a palace, or a town hall, cannot be ascertained. The settlement or city surrounding the ruin must have occupied a radius of quite ten miles, judging from the ruins and pieces of broken pottery within that space. An irrigating canal formerly ran from the Gila River to the city or settlement, for domestic uses and for irrigation. The Pima Indians have lived in their villages on the Gila River time immemorial, at least they have no tradition of the time of their coming. Their tribal organization has many features worthy imitation by more civilized people. The government rests with a hereditary chief and a council of sages. The rights of property are protected, as far as they have any individual property, which is small, as they are in fact communists. The water from the Gila River to irrigate their lands is obtained by canals constructed by the common labor of the tribe. In my intercourse with these Indians for many years they frequently asked questions which would puzzle, the most profound philosopher to answer. For instance, they inquired, "Who made the world and everything therein?" I replied, "God." "Where does he live?" "In the sky." "What does he sit on?" In their domestic relations they have a system thousands of years older than the Edmunds Act, which works to suit them, and fills the requirements of satisfied nationalities. The old men said the marriage system had given them more trouble than anything else, and they finally abandoned all laws to the laws of nature. The young people were allowed to mate by natural selection, and if they were not satisfied they could "swap." In after years, when I was Superintendent of Indian Affairs, I selected a stalwart Pima named Luis, who was proud of his acquirements in the English language, and gave him a uniform, sword, and epaulettes about the size of a saucer, to stand guard in front of my quarters. One day I came out and found Luis walking with an ununiformed Pima, with their arms around each other's waists, according to their custom. I inquired, "Luis, who is that?" "That is my brother-in-law." "Did you marry his sister?" "No." "Did he marry your sister?" "No." "Then how is he your brother-in-law?" "We swapped wives." Among the Pimas there is no incentive to avarice, and the accumulation of large personal fortunes. When a Pima dies, most of his personal property, that is, house and household belongings, which he had used during life, is committed to the flames as a sanitary measure, and whatever he may have left of personal property is divided among the tribe. The dead are buried in the ground in silence, and you can never get the Pimas to pronounce the name of a dead man. The Pimas have many customs resembling the Jews, especially the periodical seclusion of women. The Apaches have robbed them time immemorial, and they in turn make frequent campaigns against the Apaches. When they return from such a campaign, if they have shed blood they paint their faces black, and seclude themselves from the women. If they have not shed blood they paint their faces white, and enter the joys of matrimony. The Pima handiwork in earthenware, horsehair, bridle reins, ropes, and domestic utensils, is remarkably ingenious. They formerly cultivated cotton and manufactured cotton cloth of a very strong quality. The men understood spinning and weaving, and passed the winter in this industrial pursuit. Their subsistence is wheat, corn, melons, pumpkins, vegetables, and the wild fruits. They have herds of cattle, plenty of horses, and great quantities of poultry. The Americans are indebted to the Pima Indians for provisions furnished the California emigration, and for supplies for the early overland stages, besides their faithful and unwavering friendship. The habitations of these prehistoric people form the most unique of all the anomalous dwellings of Arizona, and a more minute investigation than has hitherto been made will show the earliest habitations of man. There are similar edifices in Egypt and India, but they are mostly temples. These Arizona cliff dwellings are the only edifices of the kind that are known to have been inhabited by mankind. They exist mostly in the mountains in the northern portion of Arizona. A more ancient race, still, lived in the excavations on the sides of the mountains, prepared, no doubt, as a refuge against enemies. At the time of our first exploration (1854) there was virtually no civilized population in the recently acquired territory. The old pueblo of Tucson contained probably three hundred Mexicans, Indians, and half breeds. The Pima Indians on the Gila River numbered from seven to ten thousand, and were the only producing population. We could not explore the country north of the Gila River, because of the Apaches, who then numbered fully twenty thousand. For three hundred years they have killed Spaniards, Mexicans, and Americans, which makes about the longest continuous war on record. It was impossible to remain with a considerable number of men in a country destitute of sustenance; so we followed the Gila River down to its junction with the Colorado, and camped on the bank opposite Fort Yuma, glad to be again in sight of the American flag. The commanding officer, Major—afterwards General—Heintzelman, issued the regulation allowance of emigrant rations, which were very grateful to men who had been living for some time without what are usually called the necessaries of life. Fort Yuma was established in 1851, to suppress the Indians on the Colorado, and to protect emigrants at the crossing. It was apparent that the junction of the Gila and Colorado must be the seaport of the new territory. The Colorado was supposed to be navigable nearly seven hundred miles, and steamboats were already at Yuma transporting supplies for the post. By the treaty with Mexico of 1848 the boundary line was established from the mouth of the Rio Grande northwardly to the headwaters of the Gila River, thence along the channel of the Gila River to its confluence with the Colorado. The treaty then says: "From a point at the confluence of the Gila and Colorado rivers, westerly to a point on the Pacific Ocean six miles south of the southernmost point of the Bay of San Diego." As the geography of the country was not well understood at the time, it was not presumably known to the makers of the treaty that the boundary line would include both banks of the Colorado River in the American boundary, but it does. By a curious turn in the Colorado River, after passing through the gorge between Fort Yuma and the opposite bank, the boundary line of the United States includes both banks of the River to the crossing at Pilot Knob, nearly nine miles. When the State of California was organized in 1850, the constitution adopted the boundary line of the State, and consequently assumed jurisdiction over the slip of land on the bank of the Colorado opposite Fort Yuma. When Fort Yuma was established, the commanding officer established a military reservation, including both banks of the Colorado River at its junction with the Gila. The boundary line between Mexico and the United States, under the treaty of 1848, was run in 1850, and monuments erected on the southern bank of the Colorado, to indicate the possession of the United States. While we were encamped on the banks of the Colorado River, in the hot month of July, 1854, we concluded to locate a town-site on the slip of land opposite Fort Yuma, and as we were well provided with treaties, maps, surveying instruments, and stationery, there was not much difficulty in making the location. The actual survey showed 936 acres within the slip, and this was quite large enough for a "town-site." A town-site is generally the first evidence of American civilization. After locating the town-site at Yuma there was nothing to do but to cross the desert from the Colorado River to San Diego. We made the journey on mules, with extraordinary discomfort. At San Diego we were as much rejoiced as the followers of Xenophon to see the sea. The town-site was duly registered in San Diego, which could not have been done if both banks of the Colorado just below its junction with the Gila had not been recognized as being within the jurisdiction of the State of California. The 'county of San Diego collected taxes there for many years. After the organization of the Territory of Arizona in 1863, Arizona assumed jurisdiction over the slip, and built a prison there. Congress subsequently made a grant of land included in the slip to the "Village of Yuma," so that it is a mere question of jurisdiction, not involving the validity of any titles. The question of jurisdiction still remains unsettled, as it requires both an Act of Congress and Act of the State Legislature to change the boundaries of a sovereign State. The town-site of Yuma has grown slowly, but there will be a town there as long as the two rivers flow. The Southern Pacific Railroad was completed years ago, and forms the great artery of commerce. Immigration enterprises of great magnitude have been undertaken with the waters of the Colorado River. The river washes fully three hundred thousand square miles, and furnishes a water power in the cataracts of the Grand Cañon only second to Niagara. "At Yuma, on the Colorado River, the only attempt at irrigation so far made is by pumping works, which raise the water from the river and convey it in pipes to the lands to be watered. While thus far only a limited area is watered by this method, the results are satisfactory, and the expense no greater than in many of the pipe systems of California. "But for the magnitude, scope, and the boldness of its purpose, the project to irrigate the great Colorado Desert is without a parallel in the arid West, if in the world. "This undertaking contemplates the construction of gravity canals from a point in the Colorado River, several miles above Yuma, and the conducting of the waters of this river over an arid waste, that, while forbidding in appearance, is known to be capable of great fertility. One interesting feature of this plan to reclaim the desert is found in the character of the water to be utilized. Analysis shows that the water of the Colorado River carries a larger percentage of sedimentary deposit than any other river in the world, not excepting the Nile. The same is true, in a relative degree, of all the other rivers in Arizona. By constant use of these waters the soil not only receives the reviving benefits of irrigation, but at the same time a very considerable amount of fertilizing material. "The beneficial results thus made possible have already been practically demonstrated, and what may be achieved by the proposed reclamation of a vast area, with peculiar advantages of climate and environment, is one of the most significant suggestions conceivable in connection with the new era of irrigation. "The storage of water by reservoirs for irrigation purposes has thus far been one of the untried problems in Arizona. But the possibilities in this section are equal to any section of the arid West, and because of the stability and certainty of this method, it is only a question of time when it will be carried into practical force."[B] In the progress of civilization, Fort Yuma has given way to an Indian school, where the dusky denizens of the Colorado are progressing in learning. After concluding our business in San Diego, we took the steamer for San Francisco, and laid the result of the reconnaissance (which was not much) before the "Syndicate." We had an audience with the commanding officer of the Pacific, and procured a recommendation to the Secretary of War for an exploration of the Colorado River. This was subsequently accomplished with beneficial results,—at least for information. In San Francisco it was decided that I should proceed to Washington, for the purpose of soliciting assistance of the Federal Government in opening the new Territory for settlement, and the voyage was made via Panama. <hr style="width: 40%;" /> FOOTNOTES: [A] <div class="note"> It has been a mystery which I have been asked to explain a thousand times, why the Gadsden Treaty was made with such a boundary line. The true inwardness of the treaty is attempted to be explained. The boundary line at Yuma, on the Colorado, at the junction of the Gila, is now submitted to the U.S. Supreme Court. See Attorney General Hart.—C.D.P.</div> [B] <div class="note"> Quoted from a recent article of mine in a local paper. Such quotations will occur in this series without further credit. C. D. P.</div> <hr style="width: 65%;" /> <div style="break-after:column;"></div>

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