The Fremont–Winema National Forest is a United States National Forest formed from the 2002 merger of the Fremont and Winema National Forests . They cover territory in southern Oregon from the crest of the Cascade Range on the west past the city of Lakeview to the east. The northern end of the forests is bounded by U.S. Route 97 on the west and Oregon Route 31 on the east. To the south, the state border with California forms the boundary of the forests. Klamath Falls is the only city of significant size in the vicinity. The forests are managed by the United States Forest Service , and the national forest headquarters are located in Lakeview.
178-580: The Fremont National Forest was named after John C. Frémont , who explored the area for the United States Army Corps of Engineers in 1843. It is located in western Lake and eastern Klamath counties in Oregon and has a land area of 1,207,039 acres (4,885 km). There are local ranger district offices located in Bly , Lakeview , Paisley , and Silver Lake . The Warner Canyon Ski Area
356-530: A Swiss-Mexican (and later American by treaty ) immigrant and founder of the fort, received Frémont gladly and refitted his expedition party. While at Sutter's Fort, Frémont talked to American settlers, who were growing numerous, and found that Mexican authority over California was very weak. Leaving Sutter's Fort, Frémont and his men headed south along the eastern edge of the San Joaquin Valley and crossed Tehachapi Pass and Antelope Valley, struck
534-560: A blazing trail through Nevada straight to California, having a rendezvous with his men from the split party at Walker Lake in west-central Nevada. Taking 16 men, Frémont split his party again, arriving at Sutter's Fort in the Sacramento Valley on December 9. Frémont promptly sought to stir up patriotic enthusiasm among the American settlers there. He promised that if war with Mexico started, his military force would protect
712-583: A civil government." Kearny, who had earlier trimmed his forces from 300 to 100 dragoons, based upon Kit Carson 's dispatches he was carrying to Washington, stating that Stockton and Fremont had successfully taken control of California. Unknown to Carson at this time, the Californians had revolted, which would lead Kearny to a disastrous attack on waiting Mexican lancers at the Battle of San Pasqual , losing 19 men killed and being himself seriously lanced. He
890-413: A declaration of war with Mexico was imminent. On May 9, 1846, Native Americans ambushed his expedition party in retaliation for numerous killings of Native Americans that Frémont's men had engaged in along the trail, killing three members of Frémont's party in their sleep, including a Native American who was traveling with Frémont. Frémont retaliated by attacking a Klamath fishing village named Dokdokwas
1068-451: A defendant appealed the decision on his case. The defendant filed a writ of error to obtain review of his conviction after being convicted of unlawfully introducing intoxicating liquor into an American Indian reservation. This act was found a violation of the Act of Congress of January 30, 1897, ch. 109, 29 Stat. 506. The defendant's appeal stated that the district court lacked jurisdiction because
1246-487: A detachment of Osos, totaling 125 men, rode south to San Rafael , searching for Captain Joaquin de la Torre and his lancers, rumored to have been ordered by Castro to attack Sonoma, but was unable to find them. On June 28, General Castro, on the other side of San Francisco Bay, sent a row boat across to Point San Pablo on the shores of San Rafael with a message for de la Torre. Kit Carson, Granville Swift and Sam Neal rode to
1424-492: A dramatic life of remarkable successes and dismal failures. John Charles Frémont was born on January 21, 1813, the son of Charles Frémon, a French-Canadian immigrant school-teacher, and Anne Beverley Whiting, the youngest daughter of socially prominent Virginia planter Col. Thomas Whiting. At age 17, Anne married Major John Pryor , a wealthy Richmond resident in his early 60s. In 1810, Pryor hired Frémon to tutor his young wife Anne. Pryor confronted Anne when he found out she
1602-459: A duel. After an arrangement to postpone the duel, Kearny rode to Los Angeles and refused Frémont's request to join troops in Mexico. Ordered to march with Kearny's army back east, Frémont was arrested on August 22, 1847, when they arrived at Fort Leavenworth . He was charged with mutiny, disobedience of orders, assumption of powers, and several other military offenses. Ordered by Kearny to report to
1780-494: A few of the men left for California via an established southern trade route. Edward and Richard Kern joined J.H. Simpson's military reconnaissance expedition to the Navajos in 1849, and gave the American public some of its earliest authentic graphic images of the people and landscape of Arizona, New Mexico, and southern Colorado; with views of Canyon de Chelly , Chaco Canyon , and El Morro (Inscription Rock) . In 1850, Frémont
1958-468: A former Governor of Vermont , was appointed chairman of the federal commission created to settle Mexican land titles in California; he traveled to San Francisco to begin his work, and his son-in-law Trenor W. Park traveled with him. Frémont hired Park as a managing partner to oversee the day-to-day activities of the estate, and Mexican laborers to wash out the gold on his property in exchange for
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#17327650099302136-583: A historian, wrote that "once the Indians adopted the practice of private property, built homes, farmed, educated their children, and embraced Christianity, these Native Americans would win acceptance from white Americans". The United States appointed agents, like Benjamin Hawkins , to live among the Native Americans and to teach them how to live like whites. How different would be the sensation of
2314-693: A longstanding legend of a " Buenaventura River " that flowed out the Great Basin across the Sierra Nevada. After exploring Utah Lake, Frémont traveled by way of the Pueblo until he reached Bent's Fort on the Arkansas River. In August 1844, Frémont and his party finally arrived back in St. Louis, ending the journey that lasted over one year. His wife Jessie and Frémont returned to Washington, where
2492-552: A military expedition of 300 men to capture Santa Barbara . In September, Mexican Californians unwilling to be ruled by the United States, under José María Flores , fought back and retook Los Angeles , driving out Americans. In December 1846, U.S. Brigadier General Stephen W. Kearny arrived in California under "orders from President Polk " after taking New Mexico , then to march onto "California where, "Should you conquer and take possession of California, you will establish
2670-590: A mission centered on moral uplift and manual training. Their ultimate goal of acculturating the Indians to American culture was not reached because of frontier land hunger and Congressional patronage politics. Many other denominations volunteered to help. In 1871, John H. Stout, sponsored by the Dutch Reformed Church, was sent to the Pima reservation in Arizona to implement the policy. However Congress,
2848-539: A new code of regulations. He noted that there was no place in the West where the Indians could be placed with a reasonable hope that they might escape conflict with white settlers. He also called for the Intercourse Law of 1834 to be revised, as its provisions had been aimed at individual intruders on Indian territory rather than at organized expeditions. In 1858 the succeeding Commissioner, Charles Mix , noted that
3026-748: A northwest passage up the Missouri River to the Pacific Ocean . President Thomas Jefferson had envisioned a Western empire, and also sent the Pike Expedition under Zebulon Pike to explore the southwest. American and European fur trappers , including Peter Skene Ogden and Jedediah Smith , explored much of the American West in the 1820s. Frémont, who would later be known as The Pathfinder , carried on this tradition of Western overland exploration, building on and adding to
3204-551: A percentage of the profits. Frémont acquired large landholdings in San Francisco, and while developing his Las Mariposas gold ranch, he lived a wealthy lifestyle in Monterey. Legal issues, however, soon mounted over property and mineral rights. Disputes erupted as squatters moved on Frémont's Las Mariposas land mining for gold. There was question whether the three mining districts on the land were public domain, while
3382-516: A philosophic mind to reflect that instead of exterminating a part of the human race by our modes of population that we had persevered through all difficulties and at last had imparted our Knowledge of cultivating and the arts, to the Aboriginals of the Country by which the source of future life and happiness had been preserved and extended. But it has been conceived to be impracticable to civilize
3560-456: A plan to advance their vision of Manifest Destiny. With a keen interest in the potential of railroads, Sen. Benton had sought support from the Senate for a railroad connecting St. Louis to San Francisco along the 38th parallel, the latitude which both cities approximately share. After Benton failed to secure federal funding, Frémont secured private funding. In October 1848 he embarked with 35 men up
3738-468: A proud, reserved, restless loner who although self-disciplined, was ready to prove himself and unwilling to play by the rules. The young Frémont was considered to be "precious, handsome, and daring," having the ability of obtaining protectors. A lawyer, John W. Mitchell, provided for Frémont's early education whereupon Frémont in May 1829 entered Charleston College , teaching at intervals in the countryside, but
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#17327650099303916-508: A rancher, borrowing money from his father-in-law Benton and Senator John Dix to construct a house, corral, and barn. Frémont ordered a sawmill and had it shipped by the Aspinwall steamer Fredonia to Las Mariposas . Frémont was informed by Sonora Mexicans that gold had been discovered on his property. Frémont was instantly a wealthy man, a five-mile quartz vein produced hundreds of pounds of placer gold each month. In 1851 Hiland Hall ,
4094-543: A rancheria (see Sutter Buttes massacre ). In early June, believing war with Mexico to be a virtual certainty, Frémont joined the Sacramento Valley insurgents in a "silent partnership", rather than head back to St. Louis, as originally planned. On June 10, instigated by Frémont, four men from Frémont's party and 10 rebel volunteers seized 170 horses intended for Castro's Army and returned them to Frémont's camp. According to historian H. H. Bancroft, Frémont incited
4272-526: A realistic concept of fairness. Such a concept was thought to include a reasonable income, decent working conditions, as well as health and leisure for every American. These ideas can be seen in the decisions of the Supreme Court during the assimilation era. Cases such as Lone Wolf v. Hitchcock , Talton v. Mayes , Winters v. United States , United States v. Winans , United States v. Nice , and United States v. Sandoval provide excellent examples of
4450-468: A rough media campaign, while illegally naturalizing thousands of alien immigrants in Pennsylvania. Cultural assimilation of Native Americans A series of efforts were made by the United States to assimilate Native Americans into mainstream European–American culture between the years of 1790 and 1920. George Washington and Henry Knox were first to propose, in the American context,
4628-589: A roughly sewn flag and formed the Bear Flag Republic , electing William Ide as their leader. The four prisoners were then taken to Frémont's camp 80 miles (130 km) away. On June 15, the prisoners and escorts arrived at Frémont's new camp on the American River, but Frémont publicly denied responsibility for the raid. The escorts then removed the prisoners south to Sutter's Fort, where they were imprisoned by Sutter under Frémont's orders. It
4806-540: A third expedition for Frémont. The plan for Frémont under the War Department was to survey the central Rockies, the Great Salt Lake region, and part of the Sierra Nevada. Back in St. Louis, Frémont organized an armed surveying expedition of 60 men, with Carson as a guide, and two distinguished scouts, Joseph Walker and Alexis Godey . Working with Benton and Secretary of Navy George Bancroft , Frémont
4984-655: A united front and a fresh face for the party, the Republicans nominated Frémont for president over other candidates, and conservative William L. Dayton of New Jersey , for vice president, at their June 1856 convention held in Philadelphia. The Republican campaign used the slogan "Free Soil, Free Men, and Frémont" to crusade for free farms (homesteads) and against the Slave Power . Frémont, popularly known as The Pathfinder , however, had voter appeal and remained
5162-713: A wealthy man during the California Gold Rush . He became one of the first two U.S. senators elected from the new state of California in 1850. At the beginning of the American Civil War in 1861, he was given command of the Department of the West by President Abraham Lincoln . Frémont had successes during his brief tenure there, though he ran his department autocratically and made hasty decisions without consulting President Lincoln or Army headquarters. He issued an unauthorized emancipation edict and
5340-472: A winter passage across the mountainous west, Frémont was optimistic that a railroad along the 38th Parallel was viable and that winter travel along the line would be possible through the Rocky Mountains. In 1856, Frémont (age 43) became the first presidential candidate of the newly-formed Republican Party . The Republicans, whose party had been established in 1854, were united in their opposition to
5518-406: A writ of certiorari . This request for judicial review, upon writ of error, was denied. The court held that a conviction for murder, punishable with death, was no less a conviction for a capital crime by reason even taking into account the fact that the jury qualified the punishment. The American Indian defendant was sentenced to life in prison. This United States Supreme court case came about when
Fremont–Winema National Forest - Misplaced Pages Continue
5696-670: Is a focus of the Forest Service. There are numerous wildflowers and rare species of plants found in the forest. Game animals include elk , pronghorn and mule deer . There are several types of trout in the region's streams and lakes, and a few lakes also support largemouth bass , a warm-water fish. Canada geese , mallards and whistling swans are frequently seen waterfowl. Porcupines , badgers and coyotes frequently roam within this forest. Black bears , cougars and bobcats are also present in smaller populations. The following threatened and endangered species are found in
5874-422: Is now the state of Maryland , and the purpose of the mission, stated through an interpreter to the chief of an Indian tribe there, was "to extend civilization and instruction to his ignorant race, and show them the way to heaven". The mission's annual records report that by 1640, a community had been founded which they named St. Mary's, and the Indians were sending their children there to be educated. This included
6052-597: The American Revolution and eventual independence from Britain . The most important facet of the foreign policy of the newly independent United States was primarily concerned with devising a policy to deal with the various Native American tribes it bordered. To this end, they largely continued the practises that had been adopted since colonial times by settlers and European governments. They realized that good relations with bordering tribes were important for political and trading reasons, but they also reserved
6230-596: The Battle of the Little Big Horn in 1876 was shock and dismay at the failure of the Peace Policy. The Indian appropriations measure of August 1876 marked the end of Grant's Peace Policy. The Sioux were given the choice of either selling their lands in the Black Hills for cash or not receiving government gifts of food and other supplies. In 1882, Interior Secretary Henry M. Teller called attention to
6408-475: The Bear Flag Republic , now totaling 428 men. Stockton incorporated the California Battalion into the U.S. military giving them soldiers pay. Frémont and about 160 of his troops went by ship to San Diego, and with Stockton's marines took Los Angeles on August 13. Frémont afterwards went north to recruit more Californians into his battalion. In late 1846, under orders from Stockton, Frémont led
6586-610: The California genocide . Frémont was court-martialed and convicted of mutiny and insubordination after a conflict over who was the rightful military governor of California . His sentence was commuted, and he was reinstated by President James K. Polk , but Frémont resigned from the Army. Afterwards, he settled in California at Monterey while buying cheap land in the Sierra foothills. Gold was found on his Mariposa ranch, and Frémont became
6764-820: The Fort Belknap Indian Reservation and their right to utilize the water source of the Milk River in Montana. The reservation had been created without clearly stating the explicit water rights that the Fort Belknap American Indian reservation had. This became a problem once non-Indian settlers began moving into the area and using the Milk River as a water source for their settlements. As water sources are extremely sparse and limited in Montana, this argument of who had
6942-719: The Kansas River on June 15, 1842, following the Platte River to the South Pass, and starting from Green River he explored the Wind River Range . Frémont climbed a 13,745-foot mountain (4,189 m), Frémont's Peak , planted an American flag, claiming the Rocky Mountains and the West for the United States. On Frémont's return trip he and his party carelessly rafted the swollen Platte River losing much of his equipment. His five-month exploration, however,
7120-511: The Missouri , Kansas and Arkansas rivers to explore the terrain. The artists and brothers Edward Kern and Richard Kern, and their brother Benjamin Kern, were part of the expedition, but Frémont was unable to obtain the valued service of Kit Carson as guide as in his previous expeditions. On his party's reaching Bent's Fort , he was strongly advised by most of the trappers against continuing
7298-785: The Nez Perce National Forest and the Okanogan–Wenatchee National Forest ) that is contained entirely within one county. More than 50 percent of the forest is former Klamath Indian Reservation land. As part of the Indian Termination Policy that began in the 1950s, the United States Congress enacted a few termination acts directed at specific tribes that included the Klamath Tribe. The Klamath Tribe
Fremont–Winema National Forest - Misplaced Pages Continue
7476-674: The Oregon Trail , the Oregon Country , the Great Basin , and Sierra Nevada Mountains to California. Through his power and influence, Senator Benton obtained for Frémont the leadership, funding, and patronage of three expeditions. The opening of the American West began in 1804, when the Lewis and Clark Expedition (led by Meriwether Lewis and William Clark ) started exploration of the new Louisiana Purchase territory to find
7654-901: The Panic of 1873 . Frémont served as Governor of the Arizona Territory from 1878 to 1881. After his resignation as governor, he retired from politics and died destitute in New York City in 1890. Historians portray Frémont as controversial, impetuous, and contradictory. Some scholars regard him as a military hero of significant accomplishment, while others view him as a failure who repeatedly defeated his own best interests. The keys to Frémont's character and personality, several historians argue, lie in his having been born "illegitimate" (to unwed parents) and in his drive for success, need for self-justification, and passive-aggressive behavior. His biographer Allan Nevins wrote that Frémont lived
7832-571: The Savannah . When Sloat learned that Frémont had acted on his own authority (thus raising doubt about a war declaration), he retired to his cabin. On July 23, Stockton mustered Frémont's party and the former Bear Flaggers into military service as the "Naval Battalion of Mounted Volunteer Riflemen" with Frémont appointed major in command of the California Battalion , which he had helped form with his survey crew and volunteers from
8010-506: The Spanish Trail at present Victorville, California and then northeast through present-day Las Vegas , through Utah and back to South Pass. Exploring the Great Basin , Frémont verified that all the land (centered on modern-day Nevada between Reno and Salt Lake City) was an endorheic , without any outlet rivers flowing towards the sea. The finding contributed greatly to a better understanding of North American geography, and disproved
8188-680: The USS Portsmouth , commanded by John B. Montgomery , was anchored at Sausalito . Frémont sent Lt. Gillespie to Montgomery and requested supplies including 8,000 percussion caps, 300 pounds (140 kg) of rifle lead, one keg of powder, and food provisions, intending to head back to St. Louis. On May 31, Frémont made his camp on the Bear and Feather rivers 60 miles (97 km) north of Sutter's Fort , where American immigrants ready for revolt against Mexican authority joined his party. From there he made another attack on local Native Americans in
8366-560: The United States Department of War , an indication of the state of relations with the Indians. It became responsible for negotiating treaties and enforcing conditions, at least for Native Americans. In 1849 the bureau was transferred to the Department of the Interior as so many of its responsibilities were related to the holding and disposition of large land assets. In 1854 Commissioner George W. Manypenny called for
8544-482: The adjutant general in Washington to stand for court-martial, Frémont was found innocent of mutiny , but was convicted on January 31, 1848, of disobedience toward a superior officer and military misconduct. While approving the court's decision, President James K. Polk quickly commuted Frémont's sentence of dishonorable discharge and reinstated him into the Army, due to his war services. Polk felt that Frémont
8722-464: The cultural assimilation of Native Americans . They formulated a policy to encourage the so-called " civilizing process ". With increased waves of immigration from Europe, there was growing public support for education to encourage a standard set of cultural values and practices to be held in common by the majority of citizens. Education was viewed as the primary method in the acculturation process for minorities. Americanization policies were based on
8900-643: The "great hindrance" of Indian customs to the progress of assimilation. The resultant "Code of Indian Offenses" in 1883 outlined the procedure for suppressing "evil practice." A Court of Indian Offenses, consisting of three Indians appointed by the Indian Agent, was to be established at each Indian agency. The Court would serve as judges to punish offenders. Outlawed behavior included participation in traditional dances and feasts, polygamy, reciprocal gift giving and funeral practices, and intoxication or sale of liquor. Also prohibited were "medicine men" who "use any of
9078-491: The "political community" of the United States. [Native Americans], without doubt, like the subjects of any other foreign Government, be naturalized by the authority of Congress, and become citizens of a State, and of the United States; and if an individual should leave his nation or tribe, and take up his abode among the white population, he would be entitled to all the rights and privileges which would belong to an emigrant from any other foreign people. The political ideas during
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#17327650099309256-436: The 1831 Cherokee Nation v. Georgia case, that gave Indian tribes the status of "domestic dependent nations", the sovereignty of which is independent of the federal government. Talton v. Mayes is also a case dealing with Native American dependence, as it deliberated over and upheld the concept of congressional plenary authority. This part of the decision led to some important pieces of legislation concerning Native Americans,
9434-628: The American Indians into becoming just Americans, the Supreme Court provided these critical decisions. Native American nations were labeled "domestic dependent nations" by Marshall in Cherokee Nation v. Georgia , one of the first landmark cases involving Indians. Some decisions focused more on the dependency of the tribes, while others preserved tribal sovereignty, while still others sometimes managed to do both. The United States Supreme Court case United States v. Kagama (1886) set
9612-419: The American public. Historians are divided in their opinions on this period of Frémont's career. Mary Lee Spence and Donald Jackson, editors of a large collection of letters by Fremont and others dating from this period, concluded that "...in the California episode, Frémont was as often right as wrong. And even a cursory investigation of the court-martial record produces one undeniable conclusion: neither side in
9790-414: The American settlers indirectly and "guardedly" to revolt. On June 14, 34 armed rebels independently captured Sonoma, the largest settlement in northern California, and forced the surrender of Colonel Mariano Vallejo , taking him and three others prisoner. The following day, the rebelling Americans, who were called Osos (Spanish for "bears") by the residents of Sonoma, amidst a brandy-filled party, hoisted
9968-597: The Arkansas, he might have succeeded. On November 25 at what is now Florence, Colorado , he turned sharply south. By the time his party crossed the Sangre de Cristo Range via Mosca Pass , they had already experienced days of bitter cold, blinding snow and difficult travel. Some of the party, including the guide Wootton, had already turned back, concluding that further travel would be impossible. Benjamin Kern and "Old Bill" Williams were killed by Ute warriors while retracing
10146-467: The California Battalion refused to join the U.S. Army. Frémont gave orders for the California Battalion not to surrender arms, rode to Monterey to talk to Kearny, and told Kearny he would obey orders. Kearny sent Col. Richard B. Mason , who was to succeed Kearny as military governor of California, to Los Angeles, both to inspect troops and to give Frémont further orders. Frémont and Mason, however, were at odds with each other and Frémont challenged Mason to
10324-560: The Christianizing of the Indians; Catholics were also involved. The 19th century was a time of major efforts in evangelizing missionary expeditions to all non-Christian people. In 1865 the government began to make contracts with various missionary societies to operate Indian schools for teaching citizenship, English, and agricultural and mechanical arts, and decades later was continued by the Bureau of Indian Affairs . In his State of
10502-556: The Constitution". This case resulted in Congress continuing to prohibit the sale of liquor to American Indians. The ruling continued to suggest that American Indians needed protection. There were several United States Supreme Court cases during the assimilation era that focused on the sovereignty of American Indian nations. These cases were extremely important in setting precedents for later cases and for legislation dealing with
10680-415: The European-American settlers. Despite the intentions of the Crown , the proclamation did not effectively prevent colonists from continuing to migrate westward. The British did not have sufficient forces to patrol the border and keep out migrating colonists. From the perspective of the colonists, the proclamation served as one of the Intolerable Acts and one of the 27 colonial grievances that would lead to
10858-513: The Fremont National Forest include hiking, camping, boating, backpacking, horseback riding, mountain biking, skiing, hunting, and fishing. The 50-mile (80 km) Fremont National Recreation Trail runs northwest–southeast between Government Harvey Pass and Cox Pass in the forest. The Winema National Forest is a national forest in Klamath County on the eastern slopes of the Cascades in south-central Oregon and covers 1,045,548 acres (4,231 km). The forest borders Crater Lake National Park near
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#173276500993011036-504: The Fremont–Wimema National Forest region: There are four officially designated wilderness areas within the Fremont–Winema National Forest that are part of the National Wilderness Preservation System . Two of these extend into neighboring national forests (as indicated). 42°36′N 121°12′W / 42.600°N 121.200°W / 42.600; -121.200 John C. Fr%C3%A9mont Major-General John Charles Frémont (January 21, 1813 – July 13, 1890)
11214-445: The Great Basin between the Rockies and the Sierras and advance Benton's dream of acquiring the West for the United States. Frémont and his party turned south along the eastern flank of the Cascades to Pyramid Lake , which he named. Staying on the eastern side of the Sierra Nevada mountain range, they went on south as far as present-day Minden, Nevada , reaching the Carson River on January 18, 1844. From there Frémont turned west into
11392-454: The Homestead law, or given directly to Indians as individuals. The Indian Citizenship Act of 1924 was also part of Americanization policy; it gave full citizenship to all Indians living on reservations. The leading opponent of forced assimilation was John Collier , who directed the federal Office of Indian Affairs from 1933 to 1945, and tried to reverse many of the established policies. Epidemiological and archeological work has established
11570-476: The Indians of North America – This opinion is probably more convenient than just. The Indian Removal Act of 1830 characterized the U.S. government policy of Indian removal , which called for the forced relocation of Native American tribes living east of the Mississippi River to lands west of the river. While it did not authorize the forced removal of the indigenous tribes, it authorized the President to negotiate land exchange treaties with tribes located in lands of
11748-427: The Merced Mining Company was actively mining on Frémont's property. Since Alvarado had purchased Las Mariposas on a "floating grant", the property borders were not precisely defined by the Mexican government. Alvarado's ownership of the land was legally contested since Alvarado never actually settled on the property as required by Mexican law. All of these matters lingered and were argued in court for many years until
11926-428: The Mescalero Apache American Indian tribe should not be held responsible for what had occurred. After the hearing, the Supreme Court held that the judgment made previously in the Court of Claims would not be changed. This is to say that the Mescalero Apache American Indian tribe would not be held accountable for the actions of Victorio's Band. This outcome demonstrates not only the sovereignty of American Indian tribes from
12104-443: The Navajo. However, the Navajo not only gave up raiding but soon became successful at sheep ranching. The peace policy did not fully apply to the Indian tribes that had supported the Confederacy. They lost much of their land as the United States began to confiscate the western portions of the Indian Territory and began to resettle the Indians there on smaller reservations. Reaction to the massacre of Lt. Col. George Custer's unit at
12282-500: The Navy Department had sent orders for Sloat and his successors to establish military rule over California. These orders, however, postdated Kearny's orders to establish military control over California. Kearny did not have the troop strength to enforce those orders, and was forced to rely on Stockton's Marines and Frémont's California Battalion until army reinforcements arrived. On February 13, specific orders were sent from Washington through Commanding General Winfield Scott giving Kearny
12460-475: The Pierce Administration and the spread of slavery into the West. Initially, Frémont was asked to be the Democratic candidate by former Virginia Governor John B. Floyd and the powerful Preston family. Frémont announced that he was for Free Soil Kansas and was against the enforcement of the 1850 Fugitive Slave Law . However, Republican leaders Nathaniel P. Banks , Henry Wilson , and John Bigelow were able to get Frémont to join their political party. Seeking
12638-484: The Secretary of the Interior lists the activities of the Court on several reservations and apparently no Indian was prosecuted for dances or "heathenish ceremonies." Significantly, 1890 was the year of the Ghost Dance , ending with the Wounded Knee Massacre . In 1857, Chief Justice Roger B. Taney expressed that since Native Americans were "free and independent people" that they could become U.S. citizens. Taney asserted that Native Americans could be naturalized and join
12816-639: The Senate Committee on Military Affairs. Benton invited Frémont to his Washington home where he met Benton's 16-year-old daughter Jessie Benton . A romance blossomed between the two; however, Benton was initially against it because Frémont was not considered upper society. In 1841, Frémont (age 28) and Jessie eloped and were married by a Catholic priest. Initially Benton was furious at their marriage, but in time, because he loved his daughter, he accepted their marriage and became Frémont's patron. Benton, Democratic Party leader for more than 30 years in
12994-481: The Senate in 1846, served as a guide for thousands of American emigrants, depicting the entire length of the Oregon Trail . When Nicollet was too ill to continue any further explorations, Frémont was chosen to be his successor. His first important expedition was planned by Benton, Senator Lewis Linn , and other Westerners interested in acquiring the Oregon Territory. The scientific expedition started in
13172-560: The Senate, championed the expansionist movement, a political cause that became known as Manifest Destiny . The expansionists believed that the North American continent, from one end to the other, north and south, east and west, should belong to the citizens of the U.S. They believed it was the nation's destiny to control the continent. This movement became a crusade for politicians such as Benton and his new son-in-law. Benton pushed appropriations through Congress for national surveys of
13350-502: The Senate. Neither Heydenfeldt, nor Frémont's other second-time competitor King, were able to obtain a majority of votes, allowing Gwin to be California's lone senator. Frémont's term lasted 175 days from September 10, 1850, to March 3, 1851, and he only served 21 working days in Washington in the Senate. Pro-slavery John B. Weller , supported by the Chivs, was elected one year later to the empty Senate seat previously held by Frémont. In
13528-780: The Spanish Succession ), Dummer's War ( c. 1721 –1725), and the French and Indian War (1754–1763) ( Seven Years' War ). As the dominant power after the Seven Years' War, Great Britain instituted the Royal Proclamation of 1763 , to try to protect indigenous peoples' territory from colonial encroachment of peoples from east of the Appalachian Mountains . The document defined a boundary to demarcate Native American territory from that of
13706-602: The Supreme Court finally ruled in Frémont's favor in 1856. Although Frémont's legal victory allowed him to keep his wealth, it created lingering animosity among his neighbors. During the late 1850s, Frederick H. Billings , a partner in the Halleck, Peachy & Billings law firm that employed Park, partnered with Frémont in several successful business ventures. Billings later embarked on several trips to Europe in an unsuccessful effort to sell Frémont's Mariposa mine shares. At
13884-650: The U.S. Government and Native Americans without being instigated by warfare. By the treaty, the Choctaws signed away their remaining traditional homelands, opening them up for American settlement in Mississippi Territory. While the Indian Removal Act made the relocation of the tribes voluntary, it was often abused by government officials. The best-known example is the Treaty of New Echota . It
14062-591: The U.S. Navy had occupied Monterey and Yerba Buena. Two days later, Frémont received a letter from Sloat, describing the capture of Monterey and ordering Frémont to bring at least 100 armed men to Monterey. Frémont would bring 160 men. On July 15, Commodore Robert F. Stockton arrived in Monterey to replace the 65-year-old Sloat in command of the Pacific Squadron. Sloat named Stockton commander-in-chief of all land forces in California. On July 19, Frémont's party entered Monterey, where he met with Sloat on board
14240-508: The U.S. Navy's Pacific Squadron , sailed into Monterey harbor with orders to seize San Francisco Bay and blockade the other California ports upon learning "without a doubt" that war had been declared. On July 5, Sloat received a message from Montgomery reporting the events in Sonoma and Frémont's involvement. Believing Frémont to be acting on orders from Washington, Sloat began to carry out his orders. Early on July 7, 225 sailors and marines on
14418-495: The Union Address on December 4, 1871, Ulysses Grant stated that "the policy pursued toward the Indians has resulted favorably ... many tribes of Indians have been induced to settle upon reservations, to cultivate the soil, to perform productive labor of various kinds, and to partially accept civilization. They are being cared for in such a way, it is hoped, as to induce those still pursuing their old habits of life to embrace
14596-534: The United States Navy frigate USS Savannah and the two sloops USS Cyane and USS Levant landed and captured Monterey with no shots being fired and raised the flag of the United States. Commodore Sloat had his proclamation read and posted in English and Spanish: "... henceforth California would be a portion of the United States." On July 10, Frémont received a message from Montgomery that
14774-631: The United States or any other sovereign, include property rights, which include the rights to fish, hunt and gather, and political rights. Political rights reserved to the Indian nations include the power to regulate domestic relations, tax, administer justice, or exercise civil and criminal jurisdiction. The United States Supreme Court case Winters v. United States was a case primarily dealing with water rights of American Indian reservations . This case clarified what water sources American Indian tribes had "implied" rights to put to use. This case dealt with
14952-561: The United States, but also their sovereignty from one another. One group of American Indians cannot be held accountable for the actions of another group of American Indians, even though they are all part of the American Indian nation. In this case, the Supreme Court ruled in favor of the Yakama tribe, reaffirming their prerogative to fish and hunt on off-reservation land. Further, the case established two important principles regarding
15130-470: The United States. The Intercourse Law of 1834 prohibited United States citizens from entering tribal lands granted by such treaties without permission, though it was often ignored. On September 27, 1830, the Choctaws signed Treaty of Dancing Rabbit Creek and the first Native American tribe was to be voluntarily removed. The agreement represented one of the largest transfers of land that was signed between
15308-674: The Virginia House of Delegates refused the divorce petition, it was impossible for the couple to marry. In Savannah, Anne took in boarders while Frémon taught French and dancing. Their domestic slave , Black Hannah, helped raise young John. On December 8, 1818, Frémont's father died in Norfolk, Virginia , leaving Anne a widow to take care of John and several young children alone on a limited inherited income. Anne and her family moved to Charleston, South Carolina . Frémont, knowing his origins and coming from relatively modest means, grew up
15486-877: The Walla Walla River at the Columbia River in Oregon. Frémont's endurance, energy, and resourcefulness over the long journey was remarkable. Traveling west along the Columbia, they came within sight of the Cascade Range peaks and saw Mount St. Helens and Mount Hood . Reaching the Dalles on November 5, Frémont left his party and traveled to the Hudson’s Bay Company Fort Vancouver for supplies. Rather than turning around and heading back to St. Louis, Frémont resolved to explore
15664-745: The Winema National Forest. Members of the Klamath tribe reserve specific rights of hunting, fishing, trapping, and gathering of forest materials on former reservation land within the Winema National Forest. There are over 300 species of wildlife and fish that occur in this region. There are about 925 species of documented vascular plants in the Fremont National Forest. The vascular plants provide food and habitat for mammals, fish, insects and mankind. Management to ensure that all native species maintain healthy populations
15842-591: The arts of the conjurer to prevent the Indians from abandoning their heathenish rites and customs." The penalties prescribed for violations ranged from 10 to 90 days imprisonment and loss of government-provided rations for up to 30 days. The Five Civilized Tribes were exempt from the Code which remained in effect until 1933. In implementation on reservations by Indian judges, the Court of Indian Offenses became mostly an institution to punish minor crimes. The 1890 report of
16020-419: The authority to be military governor of California. Kearny, however, did not directly inform Frémont of these orders from Scott. Kearny ordered that Frémont's California Battalion be enlisted into the U.S. Army and Frémont bring his battalion archives to Kearny's headquarters in Monterey. Frémont delayed obeying these orders, hoping Washington would send instructions for Frémont to be military governor. Also,
16198-428: The beach to intercept the three unarmed men who came ashore, including Don José Berreyesa and the 20-year-old de Haro twin brothers Ramon and Francisco, sons of Don Francisco de Haro . The three were murdered in cold blood. Exactly who committed the murders is a point of controversy, but later accounts point to Carson acting at the behest, if not the order, of Frémont. On July 1, Commodore John D. Sloat , commanding
16376-499: The campaign calling her Our Jessie . Jessie and the Republican propaganda machine ran a strong campaign, but she was unable to get her powerful father, Senator Benton, to support Frémont. While praising Frémont, Benton announced his support for Buchanan. Frémont, along with the other presidential candidates, did not actively participate in the campaign, and he mostly stayed home at 56 West Street, in New York City. This practice
16554-421: The casualties vary. Expedition members Thomas E. Breckenridge and Thomas S. Martin claim the number of Native Americans killed as "120–150" and "over 175" respectively, but the eyewitness Tustin claimed that at least 600–700 Native Americans were killed on land, with another 200 or more dying in the water. There are no records of any expedition members being killed or wounded in the massacre. Kit Carson , one of
16732-600: The changing governmental and popular views of American Indian tribes. The US Congress continued to prohibit the sale of liquor to American Indians. While many tribal governments had long prohibited the sale of alcohol on their reservations, the ruling implied that American Indian nations could not be entirely independent, and needed a guardian for protection. Like United States v. Nice, the United States Supreme Court case of United States v. Sandoval (1913) rose from efforts to bar American Indians from
16910-586: The church, and private charities spent less money than was needed; the local whites strongly disliked the Indians; the Pima balked at removal; and Stout was frustrated at every turn. In Arizona and New Mexico, the Navajo were resettled on reservations and grew rapidly in numbers. The Peace Policy began in 1870 when the Presbyterians took over the reservations. They were frustrated because they did not understand
17088-527: The cold and snowy Sierra Nevada, becoming one of the first Americans to see Lake Tahoe . Carson successfully led Frémont's party through a new pass over the high Sierras, which Frémont named Carson Pass in his honor. Frémont and his party then descended the American River to Sutter's Fort (Spanish: Nueva Helvetia) at present-day Sacramento, California , in early March. Captain John Sutter ,
17266-644: The controversy acquitted itself with distinction." Allan Nevins states that Kearny: Theodore Grivas wrote that "It does not seem quite clear how Frémont, an army officer, could have imagined that a naval officer [Stockton] could have protected him from a charge of insubordination toward his superior officer [Kearny]". Grivas goes on to say, however, that "This conflict between Kearny, Stockton, and Frémont perhaps could have been averted had methods of communication been what they are today." Intent on restoring his honor and explorer reputation after his court martial, in 1848, Frémont and his father-in-law Sen. Benton developed
17444-648: The crest of the Cascades and stretches eastward into the Klamath Basin . Near the floor of the basin the forest gives way to vast marshes and meadows associated with Upper Klamath Lake and the Williamson River drainage. To the north and east, extensive stands of ponderosa and lodgepole pine grow on deep pumice and ash that blanketed the area during the eruption of Mount Mazama nearly 7,000 years ago. A 1993 Forest Service study estimated that
17622-638: The daughter of the Pascatoe Indian chief Tayac, which suggests not only a school for Indians, but either a school for girls, or an early co-ed school. The same records report that in 1677, "a school for humanities was opened by our Society in the centre of [Maryland], directed by two of the Fathers; and the native youth, applying themselves assiduously to study, made good progress. Maryland and the recently established school sent two boys to St. Omer who yielded in abilities to few Europeans, when competing for
17800-427: The decades that followed, white settlers encroached even into the western lands set aside for Native Americans. American settlers eventually made homesteads from coast to coast, just as the Native Americans had before them. No tribe was untouched by the influence of white traders, farmers, and soldiers. The Office of Indian Affairs ( Bureau of Indian Affairs as of 1947) was established on March 11, 1824, as an office of
17978-725: The effects of increased immigration of children accompanying families from Central Africa to North America between 1634 and 1640. They came from areas where smallpox was endemic in Europea, and passed on the disease to indigenous people. Tribes such as the Huron-Wendat and others in the Northeast particularly suffered devastating epidemics after 1634. During this period European powers fought to acquire cultural and economic control of North America, just as they were doing in Europe. At
18156-499: The exalting egotism of American civilization so that he will say ‘I’ instead of ‘We’, and ‘This is mine’ instead of ‘This is ours’." Progressives also had faith in the knowledge of experts. This was a dangerous idea to have when an emerging science was concerned with ranking races based on moral capabilities and intelligence. Indeed, the idea of an inferior Indian race made it into the courts. The progressive era thinkers also wanted to look beyond legal definitions of equality to create
18334-646: The expedition trail to look for gear and survivors. Although the passes through the Sangre de Cristo had proven too steep for a railroad, Frémont pressed on. From this point the party might still have succeeded had they gone up the Rio Grande to its source, or gone by a more northerly route, but the route they took brought them to the very top of Mesa Mountain. By December 12, on Boot Mountain, it took ninety minutes to progress three hundred yards. Mules began dying and by December 20, only 59 animals remained alive. It
18512-504: The extent of old growth (economic definition) in the forest was 549,800 acres (222,500 ha), 113,800 acres (46,100 ha) of which were lodgepole pine forests. The sites of two former uranium mines, the White King and Lucky Lass mines , are within the Fremont National Forest. They are now remediated Superfund sites, and related Lakeview Mining Company uranium mill has also been remediated. Common recreational activities in
18690-747: The extent of old growth (economic definition) in the forest was 711,674 acres (288,004 ha). There are local ranger district offices located in Chemult , Chiloquin , and Klamath Falls. Founded in 1961, the Winema National Forest was initially protected as the Cascade Range Forest Reserve from 1893 to 1907, when it became the Cascade (South) National Forest. In 1908, it changed to the Mazama National Forest and then Crater Lake National Forest until 1932. The land
18868-406: The fall of 1853, Frémont embarked on another expedition to identify a viable route for a transcontinental railroad along the 38th parallel. The party journeyed between Missouri and San Francisco, California, over a combination of known trails and unexplored terrain. A primary objective was to pass through the Rocky Mountains and Sierra Nevada Mountains during winter to document the amount of snow and
19046-818: The feasibility of winter rail passage along the route. His photographer ( daguerreotypist ) was Solomon Nunes Carvalho . Frémont followed the Santa Fe Trail , passing Bent's Fort before heading west and entering the San Luis Valley of Colorado in December. The party then followed the North Branch of the Old Spanish Trail , crossing the Continental Divide at Cochetopa Pass and continuing west into central Utah. But following
19224-558: The following day in the Klamath Lake massacre , although the people living there might not have been involved in the first action. The village was at the junction of the Williamson River and Klamath Lake. On May 12, 1846, the Frémont group completely destroyed it, killing at least fourteen people. Frémont believed that the British were responsible for arming and encouraging the Native Americans to attack his party. Afterward, Carson
19402-556: The hands of the Forest Service, who implemented a sustainable yield policy in regards to the former Klamath Forest. In the end, seventy-seven percent of the tribe voted to withdraw, shrinking the reservation down from 762,000 acres (308,000 ha) to 145,000 acres (57,000 ha). Two purchases by the US government - the first in 1963 of about 500,000 acres (200,000 ha) and the second in 1973 of about 135,000 acres (55,000 ha) - were combined with portions of three other national forests to form
19580-689: The help of the tribes, the Europeans offered goods and signed treaties. The treaties usually promised that the European power would honor the tribe's traditional lands and independence. In addition, the indigenous peoples formed alliances for their own reasons, wanting to keep allies in the fur and gun trades, positioning European allies against their traditional enemies among other tribes, etc. Many Native American tribes took part in King William's War (1689–1697), Queen Anne's War (1702–1713) ( War of
19758-610: The honour of being first in their class. So that not gold, nor silver, nor the other products of the earth alone, but men also are gathered from thence to bring those regions, which foreigners have unjustly called ferocious, to a higher state of virtue and cultivation." In 1727, the Sisters of the Order of Saint Ursula founded Ursuline Academy in New Orleans , which is currently the oldest, continuously operating school for girls and
19936-726: The idea that when Indigenous people learned customs and values of the United States, they would be able to merge tribal traditions with American culture and peacefully join the majority of the society. After the end of the Indian Wars , in the late 19th and early 20th centuries, the federal government outlawed the practice of traditional religious ceremonies. It established Native American boarding schools which children were required to attend. In these schools they were forced to speak English, study standard subjects, attend church, and leave tribal traditions behind. The Dawes Act of 1887 , which allotted tribal lands in severalty to individuals,
20114-586: The immediate goal to locate the source of the Arkansas River , on the east side of the Rocky Mountains. Frémont and his party struck west by way of Bent's Fort, The Great Salt Lake, and the "Hastings Cut-Off". When Frémont reached the Ogden River, which he renamed the Humboldt , he divided his party in two to double his geographic information. Upon reaching the Arkansas River, Frémont suddenly made
20292-460: The implementation of the paternal view of Native Americans as they refer back to the idea of Indians as "wards of the nation". Some other issues that came into play were the hunting and fishing rights of the natives, especially when land beyond theirs affected their own practices, whether or not Constitutional rights necessarily applied to Indians, and whether tribal governments had the power to establish their own laws. As new legislation tried to force
20470-514: The interpretation of treaties. First, treaties would be interpreted in the way Indians would have understood them and "as justice and reason demand". Second, the Reserved Rights Doctrine was established which states that treaties are not rights granted to the Indians, but rather "a reservation by the Indians of rights already possessed and not granted away by them". These "reserved" rights, meaning never having been transferred to
20648-423: The journey. Already a foot of snow was on the ground at Bent's Fort, and the winter in the mountains promised to be especially snowy. Part of Frémont's purpose was to demonstrate that a 38th parallel railroad would be practical year-round. At Bent's Fort, he engaged "Uncle Dick" Wootton as guide, and at what is now Pueblo, Colorado , he hired the eccentric Old Bill Williams and moved on. Had Frémont continued up
20826-478: The land had previously been owned by former California governor Juan Bautista Alvarado and his wife Martina Caston de Alvarado. Frémont had hoped that Las Mariposas was near San Francisco or Monterey, but was disappointed to learn that it was further inland, near Yosemite , on the Miwok Indians' hunting and gathering grounds. After his court martial in 1848, Frémont moved to Las Mariposas and became
21004-590: The lands between the Mississippi and Missouri rivers. Frémont became a first rate topographer , trained in astronomy, and geology, describing fauna, flora, soil, and water resources. Gaining valuable western frontier experience Frémont met Henry Sibley , Joseph Renville , J.B. Faribault , Étienne Provost , and the Sioux nation. Frémont's exploration work with Nicollet brought him in contact with Senator Thomas Hart Benton of Missouri, powerful chairman of
21182-511: The law of his tribe. The Court issued the writs of habeas corpus and certiorari to the Indian. The United States Supreme Court case of Talton v. Mayes was a decision respecting the authority of tribal governments. This case decided that the individual rights protections, specifically the Fifth Amendment, which limit federal, and later, state governments, do not apply to tribal government. It reaffirmed earlier decisions, such as
21360-900: The legal rights to use the water was presented. After the case was tried, the Supreme Court came to the decision that the Fort Belknap reservation had reserved water rights through the 1888 agreement which had created the American Indian Reservation in the first place. This case was very important in setting a precedent for cases after the assimilation era. It was used as a precedent for the cases Arizona v. California , Tulee v. Washington , Washington v. McCoy , Nevada v. United States , Cappaert v. United States , Colorado River Water Conservation Dist. v. United States , United States v. New Mexico , and Arizona v. San Carlos Apache Tribe of Arizona which all focused on
21538-480: The longer Senate term while Frémont won the shorter Senate term. In Washington, Frémont, whose California ranch had been purchased from a Mexican land grantee, supported an unsuccessful law that would have rubber-stamped Mexican land grants, and another law that prevented foreign workers from owning gold claims (Fremont's ranch was in gold country), derisively called "Frémont's Gold Bill". Frémont voted against harsh penalties for those who assisted runaway slaves and he
21716-479: The most important of which is the Indian Civil Rights Act of 1968 . This United States Supreme Court case occurred when an American Indian shot and killed a non-Indian. The question arose of whether or not the United States Supreme Court had jurisdiction over this issue. In an effort to argue against the Supreme Court having jurisdiction over the proceedings, the defendant filed a petition seeking
21894-455: The mounted attackers, later stated, "It was a perfect butchery." Fremont and his men eventually made their way to camp at Klamath Lake , killing Native Americans on sight as they went. On May 8, Frémont was overtaken by Lieutenant Archibald Gillespie from Washington, who gave him copies of dispatches he had previously given to Larkin. Gillespie told Frémont secret instructions from Benton and Buchanan justifying aggressive action and that
22072-454: The muddy slopes during the rainy night, his men regrouped in the foothills (behind what is today Rancho Del Ciervo) the next morning, and captured the Presidio of Santa Barbara and the town without bloodshed. A few days later, Frémont led his men southeast towards Los Angeles. Fremont accepted Andres Pico's surrender upon signing the Treaty of Cahuenga on January 13, 1847, which terminated
22250-690: The navy and was appointed second lieutenant in the U.S. Topographical Corps , surveying a route for the Charleston, Louisville, and Cincinnati railroad. Working in the Carolina mountains, Frémont desired to become an explorer. Between 1837 and 1838, Frémont's desire for exploration increased while in Georgia on reconnaissance to prepare for the removal of Cherokee Indians . When Poinsett became Secretary of War, he arranged for Frémont to assist French explorer and scientist Joseph Nicollet in exploring
22428-555: The number of souls converted. The Quakers were motivated by high ideals, played down the role of conversion, and worked well with the Indians. They had been highly organized and motivated by the anti-slavery crusade, and after the Civil War expanded their energies to include both ex-slaves and the western tribes. They had Grant's ear and became the principal instruments for his peace policy. During 1869–1885, they served as appointed agents on numerous reservations and superintendencies in
22606-408: The offense for which he was convicted did not occur in American Indian country. The defendant had been arrested while traveling on a train that had just crossed over from American Indian country. The defendant's argument held and the Supreme Court reversed the defendant's conviction remanding the cause to the district court with directions to quash the indictment and discharge the defendant. This case
22784-543: The only opportunity which is left them to avoid extermination." The emphasis became using civilian workers (not soldiers) to deal with reservation life, especially Protestant and Catholic organizations. The Quakers had promoted the peace policy in the expectation that applying Christian principles to Indian affairs would eliminate corruption and speed assimilation. Most Indians joined churches, but there were unexpected problems, such as rivalry between Protestants and Catholics for control of specific reservations in order to maximize
22962-734: The party continued across the Great Basin and entered the Owens Valley near present-day Big Pine , California, on the eastern flank of the Sierra Nevada Mountains. Frémont journeyed south before crossing the Sierra Nevadas and entering the Kern River drainage, which he and his party then followed west into the San Joaquin Valley . Frémont arrived in San Francisco on April 16, 1854. Having completed
23140-417: The pleas of people who lived in close association with the natives and were shocked by the fraudulent and indifferent management of their affairs. They called themselves " Friends of the Indian " and lobbied officials on their behalf. Gradually the call for change was taken up by Eastern reformers. Typically the reformers were Protestants from well organized denominations who considered assimilation necessary to
23318-586: The repeated removal of tribes had prevented them from acquiring a taste for European way of life. In 1862 Secretary of the Interior Caleb B. Smith questioned the wisdom of treating tribes as quasi-independent nations. Given the difficulties of the government in what it considered good efforts to support separate status for Native Americans, appointees and officials began to consider a policy of Americanization instead. The movement to reform Indian administration and assimilate Indians as citizens originated in
23496-415: The reservation was located within the territory covered by the district court's jurisdiction, Rev. Stat. § 2146 precluded the inmate's indictment in the district court. Section 2146 stated that Rev. Stat. § 2145, which made the criminal laws of the United States applicable to Indian country, did not apply to crimes committed by one Indian against another, or to crimes for which an Indian was already punished by
23674-593: The right to abandon these good relations to conquer and absorb the lands of their enemies and allies alike as the American frontier moved west. The United States continued the use of Native Americans as allies, including during the American Revolutionary War and the War of 1812 . As relations with Britain and Spain normalized during the early 19th century, the need for such friendly relations ended. It
23852-404: The sale of liquor. As American Indians were granted citizenship, there was an effort to retain the ability to protect them as a group which was distinct from regular citizens. The Sandoval Act reversed the U.S. v. Joseph decision of 1876, which claimed that the Pueblo were not considered federal Indians. The 1913 ruling claimed that the Pueblo were "not beyond the range of congressional power under
24030-420: The same time, indigenous peoples competed for dominance in the European fur trade and hunting areas. The European colonial powers sought to hire Native American tribes as auxiliary forces in their North American armies, otherwise composed mostly of colonial militia in the early conflicts. In many cases indigenous warriors formed the great majority of fighting forces, which deepened some of their rivalries. To secure
24208-424: The second expedition, due to his proven skills, and he joined Frémont's party on the Arkansas River. Unable to find a new route through Colorado to the South Pass, Frémont took to the regular Oregon Trail, passing the main body of the great migration of 1843. His party stopped to explore the northern part of the Great Salt Lake , then traveling by way of Fort Hall and Fort Boise to Marcus Whitman 's mission on
24386-433: The settlers. Frémont went to Monterey, California , to talk with the American consul, Thomas O. Larkin , and Mexican commandant Jose Castro , under the pretext of gaining fuller supplies. In February 1846, Frémont reunited with 45 men of his expedition party near Mission San José , giving the United States a relatively strong military presence in California. Castro and Mexican officials were suspicious of Frémont and he
24564-488: The sovereignty of American Indian nations. Ex parte Crow Dog was a US Supreme Court appeal by an Indian who had been found guilty of murder and sentenced to death. The defendant was an American Indian who had been found guilty of the murder of another American Indian. Crow Dog argued that the district court did not have the jurisdiction to try him for a crime committed between two American Indians that happened on an American Indian reservation. The court found that although
24742-415: The sovereignty of American Indian tribes. As more Native Americans received allotments through the Dawes Act , there was a great deal of public and state pressure to tax allottees. However, in the United States Supreme court case Choate v. Trapp , 224 U.S. 665 (1912), the court ruled for Indian allottees to be exempt from state taxation. This United States Supreme Court case resulted when
24920-440: The stage for the court to make even more powerful decisions based on plenary power. To summarize congressional plenary power, the court stated: The power of the general government over these remnants of a race once powerful, now weak and diminished in numbers, is necessary to their protection, as well as to the safety of those among whom they dwell. It must exist in that government, because it never has existed anywhere else; because
25098-404: The start of the American Civil War , Billings acted as Frémont's agent when Frémont took the initiative to purchase arms in England for use by Union troops. On November 13, 1849, General Bennet C. Riley , without Washington approval, called for a state election to ratify the new California State constitution. On December 20 , the California legislature voted to seat two senators to represent
25276-482: The state in the Senate. The front-runner was Frémont, a Free Soil Democrat , known for being a western hero, and regarded by many as an innocent victim of an unjustified court-martial. The other candidates were T. Butler King , a Whig, and William Gwin , a Democrat. Frémont won the first Senate seat, easily having 29 out of 41 votes and Gwin, having Southern backing, was elected to the second Senate seat, having won 24 out of 41 votes. By random draw of straws, Gwin won
25454-441: The summer of 1842 and was to explore the Wind River of the Rocky Mountains , examine the Oregon Trail through the South Pass , and report on the rivers and the fertility of the lands, find optimal sites for forts, and describe the mountains beyond in Wyoming. By chance meeting, Frémont was able to gain the valuable assistance of mountain man and guide Kit Carson . Frémont and his party of 25 men, including Carson, embarked from
25632-422: The summer of 1843. The more ambitious goal this time was to map and describe the second half of the Oregon Trail, find an alternate route to the South Pass, and push westward toward the Pacific Ocean on the Columbia River in Oregon Country. Frémont and his almost 40 well-equipped men left the Missouri River in May after he controversially obtained a 12-pound howitzer cannon in St. Louis. Frémont invited Carson on
25810-450: The surviving partner of the firm of E. Montoya & Sons petitioned against the United States and the Mescalero Apache Indians for the value their livestock which was taken in March 1880. It was believed that the livestock was taken by "Victorio's Band" which was a group of these American Indians. It was argued that the group of American Indians who had taken the livestock were distinct from any other American Indian tribal group, and therefore
25988-495: The symbol of the Republican Party. The Democratic Party nominated James Buchanan . Frémont's wife Jessie, Bigelow, and Issac Sherman ran Frémont's campaign. As the daughter of a senator, Jessie had been raised in Washington, and she understood politics more than Frémont. Many treated Jessie as an equal political professional, while Frémont was treated as an amateur. She received popular attention much more than potential First Ladies, and Republicans celebrated her participation in
26166-516: The theater of its exercise is within the geographical limits of the United [118 U.S. 375, 385] States; because it has never been denied; and because it alone can enforce its laws on all the tribes. The decision in United States v. Kagama led to the new idea that "protection" of Native Americans could justify intrusion into intratribal affairs. The Supreme Court and Congress were given unlimited authority with which to force assimilation and acculturation of Native Americans into American society. During
26344-418: The time of assimilation policy are known by many Indians as the progressive era , but more commonly known as the assimilation era. The progressive era was characterized by a resolve to emphasize the importance of dignity and independence in the modern industrialized world. This idea is applied to Native Americans in a quote from Indian Affairs Commissioner John Oberly: "[The Native American] must be imbued with
26522-477: The trail was made difficult by snow cover. On occasion, they were able to detect evidence of Captain John Gunnison 's expedition, which had followed the North Branch just months before. Weeks of snow and bitter cold took its toll and slowed progress. Nonessential equipment was abandoned and one man died before the struggling party reached the Mormon settlement of Parowan in southwestern Utah on February 8, 1854. After spending two weeks in Parowan to regain strength,
26700-401: The tribe, those that remained would have their portion put back into a collective of land. Given that estimates suggest seventy percent of tribal members would withdraw, selling their land for commercial use, the government and lumber industry became equally concerned with how the increase in Klamath Forest timber would saturate the industry. The act was then amended to put commercial sales into
26878-433: The two wrote a second report, scientific in detail, showing the Oregon Trail was not difficult to travel and that the Northwest had fertile land. The Senate and House each ordered the printing of 10,000 copies to be distributed to the press and public, used to promote the cause of national expansion. With the backdrop of an impending war with Mexico, after James K. Polk had been elected president, Benton quickly organized
27056-493: The war in upper California. It was at this time Kearny ordered Frémont to join his military dragoons, but Frémont refused, believing he was under authority of Stockton. On January 16, 1847, Commodore Stockton appointed Frémont military governor of California following the Treaty of Cahuenga , and then left Los Angeles. Frémont functioned for a few weeks without controversy, but he had little money to administer his duties as governor. Previously, unknown to Stockton and Frémont,
27234-654: The work of earlier pathfinders to expand knowledge of the American West. Frémont's talent lay in his scientific documentation, publications, and maps made based on his expeditions, making the American West accessible for many Americans. Beginning in 1842, Frémont led five western expeditions, however, between the third and fourth expeditions, Frémont's career took a fateful turn because of the Mexican–American War . Frémont's initial explorations, his timely scientific reports, co-authored by his wife Jessie, and their romantic writing style, encouraged Americans to travel West. A series of seven maps produced from his findings, published by
27412-475: The years leading up to passage of the Eighteenth Amendment and the Volstead Act , United States v. Nice (1916), was a result of the idea of barring American Indians from the sale of liquor . The United States Supreme Court case overruled a decision made eleven years before, Matter of Heff , 197 U.S. 48 (1905), which allowed American Indian U.S. citizens to drink liquor. The quick reversal shows how law concerning American Indians often shifted with
27590-441: Was a United States Army officer, explorer, and politician. He was a United States senator from California and was the first Republican nominee for president of the U.S. in 1856 and founder of the California Republican Party when he was nominated. He lost the election to Democrat James Buchanan when the vote was split by Know Nothings . A native of Georgia , he attended the College of Charleston for two years until he
27768-403: Was a success, returning to Washington in October. Frémont and his wife Jessie wrote a Report of the Exploring Expedition to the Rocky Mountains (1843), which was printed in newspapers across the country; the public embraced his vision of the west not as a place of danger but wide open and inviting lands to be settled. Frémont's successful first expedition led quickly to a second; it began in
27946-413: Was at this time Frémont began signing letters as "Military Commander of U.S. Forces in California". On June 24, Frémont and his men, upon hearing that Californio (people of Spanish or Mexican descent) Juan N. Padilla had captured, tortured, killed, and mutilated the bodies of two Osos and held others prisoner, rode to Sonoma, arriving on June 25. On June 26, Frémont, his own men, Lieutenant Henry Ford and
28124-405: Was awarded the Patron's Medal by the Royal Geographical Society for his various exploratory efforts. On February 10, 1847, Frémont purchased a 70-square-mile parcel of land in the Sierra foothills through land speculator Thomas Larkin for $ 3,000 ($ 83,177 in 2023). Known as Las Mariposas (Spanish for "The Butterflies"), an allusion to the great number of Monarch butterflies found there,
28302-408: Was expelled after irregular attendance. He opposed slavery . In the 1840s, he led five expeditions into the western states. During the Mexican–American War , he was a major in the U.S. Army and took control of a portion of California north of San Francisco from the short-lived California Republic in 1846. During this time, he led several massacres against indigenous peoples in California as part of
28480-405: Was expelled for irregular attendance in 1831. Frémont, however, had been grounded in mathematics and natural sciences. Frémont attracted the attention of eminent South Carolina politician Joel R. Poinsett , an Andrew Jackson supporter, who secured Frémont an appointment as a teacher of mathematics aboard the sloop USS Natchez , sailing the South American seas in 1833. Frémont resigned from
28658-415: Was guilty of disobeying orders and misconduct, but he did not believe Frémont was guilty of mutiny. Additionally, Polk wished to placate Thomas Hart Benton , a powerful senator and Frémont's father-in-law, who felt that Frémont was innocent. Frémont, only gaining a partial pardon from Polk, resigned his commission in protest and settled in California. Despite the court-martial, Frémont remained popular among
28836-444: Was having an affair with Frémon. Anne and Frémon fled to Williamsburg on July 10, 1811, later settling in Norfolk, Virginia , taking with them household slaves Anne had inherited. The couple later settled in Savannah, Georgia , where she gave birth to their son Frémont out of wedlock. Pryor published a divorce petition in the Virginia Patriot and charged that his wife had "for some time past indulged in criminal intercourse". When
29014-416: Was in favor of abolishing the slave trade in the District of Columbia. Democratic pro-slavery opponents of Frémont, called the Chivs, strongly opposed Frémont's re-election, and endorsed Solomon Heydenfeldt . Rushing back to California hoping to thwart the Chivs, Frémont started his own election newspaper, the San Jose Daily Argus , however, to no avail, he was unable to get enough votes for re-election to
29192-456: Was later reinforced when Stockton sent troops to drive off Pio Pico and his forces. It was at this time a dispute began between Stockton and Kearny over who had control of the military, but the two managed to work together to stop the Los Angeles uprising . Frémont led his unit over the Santa Ynez Mountains at San Marcos Pass in a rainstorm on the night of December 24, 1846. Despite losing many of his horses, mules and cannons, which slid down
29370-424: Was likely vulnerable to government termination due to factionalism within the tribe that largely resulted from cultural assimilation effects of the previous decades. On the date of the act, a roll was taken of the tribe, locking in those eligible for property rights to tribal land. After this process, the collective land was divided among each individual on the roll and a vote was conducted on whether to withdraw from
29548-412: Was made because the offense occurred on a Sioux Indian reservation which is not said to be under jurisdiction of the district court. The United States Supreme Court affirmed the judgment of the district court saying that the adultery was not punishable as it had occurred between two American Indians on an American Indian reservation. In 1634, Fr. Andrew White of the Jesuits established a mission in what
29726-488: Was nearly killed by a Klamath warrior. As Carson's gun misfired, the warrior drew to shoot a poison arrow; however, Frémont, seeing that Carson was in danger, trampled the warrior with his horse. Carson felt that he owed Frémont his life. A few weeks later, Frémont and his armed militia returned to California. Having reentered Mexican California headed south, Frémont and his army expedition stopped off at Peter Lassen 's Ranch on May 24, 1846. Frémont learned from Lassen that
29904-405: Was negotiated and signed by a small fraction of Cherokee tribal members, not the tribal leadership, on December 29, 1835. While tribal leaders objected to Washington, DC and the treaty was revised in 1836, the state of Georgia proceeded to act against the Cherokee tribe. The tribe was forced to relocate in 1838. An estimated 4,000 Cherokees died in the march, now known as the Trail of Tears . In
30082-413: Was no longer necessary to "woo" the tribes to prevent the other powers from allying with them against the United States. Now, instead of a buffer against European powers, the tribes often became viewed as an obstacle in the expansion of the United States . George Washington formulated a policy to encourage the "civilizing" process. He had a six-point plan for civilization which included: Robert Remini,
30260-453: Was not until December 22 that Frémont acknowledged that the party needed to regroup and be resupplied. They began to make their way to Taos in the New Mexico Territory . By the time the last surviving member of the expedition made it to Taos on February 12, 1849, 10 of the party had died and been eaten by the survivors. Except for the efforts of member Alexis Godey, another 15 would have been lost. After recuperating in Taos, Frémont and only
30438-401: Was ordered to leave the country. Frémont and his men withdrew and camped near the summit of what is now named Fremont Peak . Frémont raised the United States Flag in defiance of Mexican authority. After a four-day standoff and Castro having a superior number of Mexican troops, Frémont and his men went north to Oregon, bringing about the Sacramento River massacre along the way. Estimates of
30616-477: Was part of Fremont until a land swap transferred ownership to Lake County. Founded in 1908, the Fremont National Forest was originally protected as the Goose Lake Forest Reserve in 1906. The name was soon changed to Fremont National Forest. It absorbed part of Paulina National Forest on July 19, 1915. In 2002, it was administratively combined with the Winema National Forest as the Fremont–Winema National Forests. A 1993 Forest Service study estimated that
30794-425: Was part of the Rogue River National Forest from 1932 to 1961, when it was designated the Winema National Forest. It was named after Toby Riddle , a Modoc woman also known as "Winema" who served as a translator for the US Army during the Modoc War of 1872 to 1873. In 2002, it was administratively combined with the Fremont National Forest. The Winema National Forest separately is the third-largest national forest (after
30972-460: Was relieved of his command for insubordination by Lincoln. After a brief service tenure in the Mountain Department in 1862, Frémont resided in New York, retiring from the army in 1864. He was nominated for president in 1864 by the Radical Democracy Party , a breakaway faction of abolitionist Republicans, but he withdrew before the election. After the Civil War, he lost much of his wealth in the unsuccessful Pacific Railroad in 1866, and he lost more in
31150-416: Was secretly told that if war started with Mexico he was to turn his scientific expedition into a military force. President Polk, who had met with Frémont at a cabinet meeting, was set on taking California. Frémont desired to conquer California for its beauty and wealth, and would later explain his very controversial conduct there. On June 1, 1845, Frémont and his armed expedition party left St. Louis having
31328-399: Was seen as a way to create individual homesteads for Native Americans. Land allotments were made in exchange for Native Americans becoming US citizens and giving up some forms of tribal self-government and institutions. It resulted in the transfer of an estimated total of 93 million acres (380,000 km ) from Native American control. Most was sold to individuals or given out free through
31506-400: Was sent to the United States Supreme Court after first appearing in a district court in South Dakota. The case dealt with adultery committed on a Sioux Indian reservation. The district court had held that adultery committed by an Indian with another Indian on an Indian reservation was not punishable under the act of March 3, 1887, c. 397, 24 Stat. 635, now § 316 of the Penal Code. This decision
31684-433: Was typical in presidential campaigns of the 19th century. To win the presidency, the Republicans concentrated on four swing states, Pennsylvania , New Jersey, Indiana , and Illinois . Republican luminaries were sent out decrying the Democratic Party's attachment to slavery and its support of the repeal of the Missouri Compromise. The experienced Democrats, knowing the Republican strategy, also targeted these states, running
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