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condemnation to death. Of course, Bartlett did not have a direct hand in the punishment of the runaway cook, but his implied approval did not square well with his later more lenient treatment of a Mexican teamster who murdered an Apache the next day.
On July 6, 1851, in an argument over the purchase of a whip, one of the hired Mexican teamsters, Jesus Lopez, shot and seriously wounded an Apache war- rior to whom the whip belonged. This threatened to rip asunder the already stressed fabric of friendship and cooperation that had been enjoyed by the Apaches and the Boundary Commission. There was great turmoil in the camp with everyone running for his weapon and the Apache leaders fleeing to nearby hills to await developments.
Colonel Craig, displaying the kind of courage that would later cause him to die at the hands of two army deserters, approached the Apaches alone and per- suaded them to return and remain calm. The situa- tion was discussed, and it was decided to wait and ascertain the warrior’s fate before resolving the issue. TheApache,attended
you can no longer befriends ofthe Americans. Warwillthenfollow;thousandsofsoldierswill takepossession ofyourbest lands, yourgrass valleys,andyourwatering-places. Theywill destroy every Apache they find, and take your women and children captives?5
This was a serious tactical error and may have been one of the reasons the Apaches turned against the Americans shortly thereafter. The Apaches evi- dently read Bartlett’s ultimatum correctly as an empty threat, at least at the time.
The American Chief Surveyor, Gray, so long delayed by illness, finally reached El Paso del Norte on June 24, 1851, and arrived at the Santa Rita camp onJuly19. HereBartlettaskedhimtoexaminethe records and sign them. After he and Chief Astronomer Graham spent several days digesting what had transpired, Gray refused to sign the papers and challenged Bartlett’s authority to appoint Whip- ple to his temporary position and Whipple’s right to
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He documented his objections in letters presented to Bartlett and forwarded to Washington and recommended that the work on the
survey line west from the river be suspended.37 Gray was unaware that President Millard Fillmore’s Secretaries of War and Interior (Charles Magill Conrad and Alexander H. H. Stuart, respec- tively) had agreed to the boundary as set by Conde andBartlett. ThisCabinetleveldecisionmaybe partially attributed to their ignorance of the effect on the wagon road established by Cooke. However, it was probably more a result of sectional pressure from northerners and an unwillingness to assume responsibility for the behavior of the Indians within the disputed area required under Article 11 of the
Treaty of Guadalupe Hidalgo.
When General Conde was notified of Gray’s
refusal to sign the papers, he contended that the Initial Point had been established according to the terms contained in the treaty and that the decision was irreversible. However, the objections raised by Gray and others gained sufficient support in Washington that the survey would be suspended in
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late July 1851 with the east-west line half complete. Also during this summer some minor gold dis- coveries were made at Pinos Altos, northwest of the copper mines. A rush followed, and by the time
daily by his relatives and the commission physicians, lingered for a month
act in Gray’s place.
before succumbing to the grievous wound.
The Indians now demanded death for his attacker, with Ponce being one of the most outspoken. The Apaches even suggested hanging the culprit rather than demanding that they be allowed to put him to death by their traditional methods. Bartlett would agree to none of the alternatives offered by the Indians and tried to persuade them to allow the governor at Santa Fe to try the man and set the punishment. To this the Indians would not
acquiesce.
The Commissioner then tried to induce the Indians
to have the man’s monthly wages of $20, plus another $20, paid to the dead warrior’s family (he did not indicate for how long). Again the Apaches were insulted; of what value were things or money to replace a loved one? The Indians finally com- promised and agreed to let the mother of the deceased decide, and she desired the prisoner’s life. Bartlett refused, and the issue was settled to his satisfaction by paying the woman $30 and the promise of another $20 each month. The Apaches
were not satisfied.
In the process, however, Bartlett saw fit to try to
counter the Indians’ arguments with a threat that
Chapter 3
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