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The Infamous Black Bird Southern Oregon History, Revised


Chauncey Nye


An ACT, to legalize the elections of certain persons as justices of the peace in the county of Jackson.
    WHEREAS, John R. Hardin, Chauncey Nye, U. S. Hayden, Clark Rogers and W. W. Fowler, have been informally elected justices of the peace for said county, or precincts of said county of Jackson, under the title of alcaldes, and doubts have arisen respecting the legality of their proceedings,
    Section 1. Be it enacted by the Legislative Assembly of the Territory of Oregon, That the said John R. Hardin, Chauncey Nye, U. S. Hayden, Clark Rogers and W. W. Fowler, and each of them, be declared and deemed to have been legally elected and qualified to discharge the office and duties of a justice of the peace for said county; and that all their acts and proceedings in that capacity be deemed and declared to be valid--provided, that the same would have been valid if done by a justice of the peace duly elected and qualified.
    Passed, Dec. 21, 1853.
Oregon Territory Special Laws, 5th Session, 1853-54, page 12


DIED.
NYE.--On Foots Creek, February 3rd, Jason, infant son of Chauncey and Amarantha Nye.
Oregon Sentinel, Jacksonville, March 14, 1868, page 3


BIOGRAPHICAL SKETCHES.
CHAUNCEY NYE.

    Near Flounce Rock, a romantic and secluded cove in the mountains, far up Rogue River, there are a number of settlers located and engaged in farming and stock raising. Among them is Chauncey Nye, a pioneer of territorial times. He was born in Macomb County, Michigan in 1826, but when quite young removed with his parents to Oakland County, Indiana, where he resided until the spring of 1850 when he crossed the plains to California.
    He mined for a short time near Pla[cerville], but being attracted by the [glowing] reports from Yreka he visited [Oregon] in the spring of 1851 and [return]ing the summer of that year. In the fall he left the mines and went to Salem, Marion County, where he established the first bakery ever started in that town. He remained in Salem until the spring of 1852, at which time he removed to Jackson County and engaged in mining on Jackson Creek and continued in the business until the following summer. He was elected a member of the lower house of the Territorial Legislature and served during the terms of 1853-4. He served during the Indian war of 1855 in Capt. John F. Miller's company of volunteers, part of the time as Orderly Sergeant. In 1865 he was married to Amarantha Burt, and the family now consists of himself, wife and three children. In politics Mr. Nye is a Republican, but independent when local questions are voted upon. His religious views are liberal. Unobtrusive in his manner, just in his dealings with his fellow men, he is held in high esteem by his neighbors and all know him as a man of
unquestioned integrity and a true type of a genuine pioneer.
Oregon Sentinel, Jacksonville, October 24, 1879, page 2 



CRATER LAKE HISTORY.
A Contribution to it from Mr. Chauncey Nye, of this County.

    In 1862 there was quite an excitement in Rogue River Valley in regard to newly discovered mines on the John Day River. A company was organized and placed under the command of Col. Ross for the discovery of a good road to that river. They were dubbed by the newspapers "the pathfinders," but the most of the paths they found were those made by Californians who had preceded them. The winter had been a long one, and the spring was cold and backward with deep snow on the mountains. The expedition camped for some time near where Eagle Point now is, waiting for the snow to get off the mountains. Two or three parties were sent out to break a trail through the snow but failed. So on the 10th of May the expedition started. It had snowed during the night and was four inches in depth all over the Butte Creek country.
    We went by the way of Rancheria Prairie and Snowy Butte. We found much difficulty in crossing the snow, and much of it had to be bridged with fir boughs. We found much of the Klamath Valley covered with water, and long lines of sandhill cranes on the prairie looked like soldiers standing at rest. We had an Indian by the name of Blow as guide until we reached the Deschutes River. It was the 4th of June we camped at Big Klamath Marsh and found the ground had not thawed out enough for us to stake down our tents.
    While here John Hillman and James Loudon (Rube Rinus) told us of a wonderful lake they had seen in the early fifties, up Rogue River, while following some California gold hunters who had been informed of fabulous mines on the upper Rogue River. They could not give any definite information as to its location, as they were somewhat bewildered at the time.
    One fork of the Deschutes we had to swim, also the John Day River. We arrived at the mines about the middle of June, taking up claims on Granite Creek, where we remained during the summer, doing indifferently well and nearly all returning in the fall.
    About the 1st of October six of us concluded to return by as direct a route as possible; first to Canyon Creek, which had been discovered that summer, thence to upper meadows on Deschutes, then on the old Cayuse trail to the spring about halfway between Deschutes and Klamath Marsh, thence to head of Rogue River and then down it home. The party consisted of Hi Abbott, James Layman, John Sessions, S. H. Smith, Joe Bowers and the writer. At this spring on Cayuse trail we turned southwest across a rather level pumice stone country not very thickly covered with yellow pine timber. Taking a high broken rock on the summit of the mountain as a landmark to steer for, we crossed two small streams before reaching the mountain, and its ascent at this place is not very abrupt until near the summit.
    We had been traveling all day and were anxious to find water for camp purposes when the writer, happening to be a little in advance of the party, exclaimed, "Here, boys, is water. We can camp," and advancing a few steps farther, behold, the water was almost beneath our feet--so near, and yet so far. One of our party, who was a trapper, exclaimed, "There are beaver in it." He did not realize the immense distance down to the water and thought the white logs laying at the water's edge were sticks that the beaver had gnawed the bark from.
    After gazing awhile at this wondrous scene and rolling down some huge rocks, which leaped at times at least a hundred feet at a bound, and timing them by our watches we became impressed with the vast distance to the water. Then looking about for other water we saw Diamond Lake and started to go to it but had not gone far before we became aware it was too far away, so we tied up to some spreading hemlocks and melted some snow from banks of it that had lain there all summer.
    The next morning we started southward, dropping down the mountain a little and soon found plenty of ice-cold water and grass. We crossed what is now known as Castle Canyon and then ascended to the summit again to take observations, as we were somewhat afraid of getting onto the waters of the Umpqua. We here came to a high, conical, rocky peak. This, four of us, after some difficulty, succeeded in reaching the top of, but it being somewhat smoky we could not determine our exact location. The top of this peak is nearly circular, is flat and about twelve feet across. Some of the summit rocks had been loosed and broken and these had been piled up around its outer edges, done by Indians, no doubt as a protection from the wind while they lay on its top watching their enemies.
    As it was during the rebellion we were there and all of us being ardent Union men, as we were about to descend I took up one of these large rocks and cast it down its rocky cliffs, and as it went thundering down a wooded gorge I christened it Union Peak, which name I hope it may retain as long as it stands a beacon on the summit of the mountain.
    We then descended and into what is now known as the huckleberry patch, where, from appearances, there had been an abundant crop. From there, with some difficulty, we followed down what is now known as the middle fork of Mill Creek down to what is now known as the Rogue River Falls. We then descended the main river about a mile, where we crossed it on a log and swam our horses. That evening one of the party killed a fine, fat buck, to which we did ample justice, as we were getting short of provisions.
    The report of the party in regard to the topography of the upper Rogue River and its publication in the Oregon Sentinel caused the Rogue River road to be prospected, and through the effort of J. B. Wrisley, Isaac Constant and some others it was built out to Diamond Peak before Capt. Sprague opened the road from Fort Klamath connecting with it a little below Silver Camp.
    It will thus be seen that O. A. Stearns' contention [above] for the rediscovery of Crater Lake falls to the ground.
CHAUNCEY NYE,
    Prospect, Jackson County, Or.
----
    (The contention by O. A. Stearns as to the rediscovery of Crater Lake, referred to by Mr. Nye, was made in an article written by Mr. Stearns and printed in the Tidings of July 20th. In that Mr. Stearns referred to the discovery of Lake Majesty, as it was formerly called by a party of returning prospectors, and it is plain that Mr. Nye's party was the one alluded to. Mr. Nye mentions a visit said to have been made by a party of California miners in the fifties, but there seems to be no data left on which to claim this as the first discovery, and a great many people interested look, as Mr. Stearns does, upon Mr. Nye's party as really the first discoverers of Crater Lake. Mr. Nye's letter is an interesting contribution to Crater Lake history.)
Ashland Tidings, August 6, 1896, page 3


    H. B. Nye, the gentleman who arrived in Medford last week from Kalispell, Mont., has decided to remain in Southern Oregon for several months at least--possibly become a permanent resident. He is a nephew of our good friend, Hon. Chauncey Nye, who lives at Prospect. Mr. Nye is a mining man of experience and means and will undoubtedly invest in Southern Oregon property. His father is expected to arrive this week.
"Purely Personal," Medford Mail, April 27, 1900, page 6


EARLY LEGISLATURE
Of Historical Interest to Entire State.
Held in Salem in 1853
Chauncey Nye Writes an Interesting Letter About the Early Session.

    The following interesting reminiscent letter from Chauncey Nye, who was one of Oregon's earliest legislators, was received by Governor Geer recently, and contains so much of historical interest to the entire state that the Governor has allowed it to be copied for publication:
    "Prospect, Jackson County, Or., Dec. 23, 1901.--My Dear Governor: I see in the newspapers last summer a report of your address at Newport, giving some extracts from the early laws of Oregon, among them some made by the legislature of 1853. You allowed that, as far as known, Grover and Boise were the only members living of those comprising that legislature.
    "I was a member of that legislature, from Jackson County, and have resided here ever since, and, as I am in a reminiscent mood, will say something about that body.
    "It was a working body, and got right down to business. A former legislature had authorized and elected a commission of three to make a rule of law for the territory. This was done, and the commission's work was printed and referred to both bodies of the legislature at the commencement of the session for amendment, approval or rejection. M. P. Deady and J. K. Kelly, two of that commission, had been elected to the council, and naturally wanted their code adopted, with as few amendments as possible, but notwithstanding this, a great many changes were made.
    "As in all bodies we had those members of certain peculiarities and eccentricities. There was Hadley, of Lane. When he arose and said, in his peculiar manner, 'I do now move that we now adjourn,' it was always agreed to and adjournment was had. There was John F. Miller, who wanted every subject referred to a select committee, and he was known as 'Select Committee.'
    "There was Uncle Billy Martin, of Douglas, who used as little of the King's English as possible. He was pleased to find one morning, as he took his seat, that someone had caricatured him on the wall at the end of his seat, a-leaning forward and holding out a bill, and underneath was written:
    "'I want to present a bill for the pertection of warnic trees.'
    "He said he knew that some Missourian had done this, as all Missourians used the name 'warnic' instead of 'walnut.' Shuck, of Yamhill, piled up the King's English, so that it was most ludicrous.
    "There was two lawyers in each house. Politically, the council was composed of eight Democrats and one Whig--Scott of Umpqua, the founder of Scottsburg, and after whom that place was named. The house had 21 Democrats and four Whigs. The latter were: Goff, of Lane; Durham, of Clackamas; Dr. Thompson, of Umpqua, and Nye, of Jackson. The officers of each house were two clerks, a sergeant-at-arms and a doorkeeper, and yet we got along about as well as a modern legislative body.
    "As in all mining towns of California, before county organizations were perfected, an alcalde was elected in each Southern Oregon town to administer justice in all cases. The same was done in Jacksonville. This officer's authority extended over everything, from a petty offense to a trial for life. The day I arrived in Jacksonville, a murder was committed. The murderer was immediately arrested, and the next day a jury was empaneled, a prosecuting attorney and counsel for the defense were appointed, the defendant was duly convicted, and he was sentenced to be executed in 10 days, which sentence was duly carried out. During about one year and a half this was the only court held in what now constitutes the counties of Jackson, Josephine, Lake and Klamath. For about one-half this time I was the alcalde, and had quite a number of interesting cases before me.
    "While in the legislature I introduced a bill to legalize all the proceedings and acts of these alcaldes, but Grover objected, as the organic act of the Territory of Oregon did not give justices of the peace such large jurisdiction, and he wished the law to conform to the organic law. My bill was thus amended and so passed, but I did not consider it of much value in that shape. However, the acts of these alcaldes were never questioned as to their legality. These alcaldes had but about a dozen laws or articles for their guidance, and no technicalities were allowed. A trial consisted of the statements of the parties and the evidence of witnesses, if any, and the case was decided by the court, or the jury, if either party wished one. There was but little dissatisfaction with the decisions of the court. In fact the whole community was ready to help enforce the decision if it was necessary.
    "While I was mining in Yreka, Cal., a case came before the alcalde that was not only summary, but rather novel. A man from Linn County, Oregon had employed a boy to drive a train of oxen to the mines for his board, and after arrival there the man had agreed to give the lad a certain amount to help him in mining. After a couple of months' work the fellow sold his cattle, wagons and mining claims and was ready to start for home, but being one of those men who believed that a boy had no rights a man is bound to respect, he refused to pay the lad for his work. The boy went to the alcalde and stated his case; the defendant was brought before the officer, and did not deny the boy's claim, but said he had no money, so the court ordered the constable to take and turn the defendant the other end up and shake him. The constable, being a big, burly fellow, did as he was ordered, when a large purse of gold dust dropped from his pocket. The alcalde picked up the purse, weighed out the amount of the boy's claim, and a half-ounce for the court's fees in the case, and the same amount for the constable, handed the purse back and wished the Oregonian safe journey home, and the case was closed.
    "I attended the Republican county convention at Ashland four years ago, and had an introduction to you, and in the short conversation we had I told you of putting up the first bakery in Salem in 1851. It was in the northern part of town, alongside of Cook's Hotel, and across the street from the home of Elijah Williams, father of Richard and George, who were then boys. Yours truly,
"CHAUNCEY NYE."
Crook County Journal, Prineville, January 2, 1902, page 1


Death of Chauncey Nye.
    Once more has the grim reaper swung his scythe and another pioneer figure has joined the ranks of those who have gone before. Sunday, January 30th, marked the passing of Chauncey Nye, one of the sturdy band, who helped to build up a community of happy homes and prosperous cities from the wilderness which was Southern Oregon once.
    Mr. Nye was born in Macomb County, Michigan, on May 29, 1857, then thinly settled, and spent his whole life on the frontier.
    In 1851 he came to Oregon and settled first on Foots Creek, this county, afterward moving to Table Rock, where he owned property just on the opposite side of Rogue River, at the "Bybee" bridge. From there he removed to near Prospect and resided there until his death.
    He was a member of the first Oregon legislature, and, we are informed, there is but one surviving member now of that body.
    For many years he was a prominent figure in Jackson County politics and no Republican county convention was considered ready for organization until the name of "Chauncey Nye, delegate from Flounce Rock," had been inscribed upon the report of the committee on credentials.
    Besides his wife he leaves three children, two daughters, Mrs. Ethel Florey, of Eagle Point, Miss Elsie Nye, and a son, Nelson Nye, of Prospect.
    Of the Nye family, which originally came from New York, two brothers, N. B. Nye, of Medford, and another in Oklahoma, and two sisters of the deceased, one in Milwaukee, Wis., and another in New Orleans, La., still survive. An older brother, Nelson Nye, died at Fenton, Michigan, on January 20th.
Medford Mail, February 5, 1904, page 1


Oregon Pioneer Dead.
    Jacksonville, Or., Feb. 9.--Word has been received here of the death of Chauncey Nye, an old pioneer, at his home in Flounce Rock precinct on Upper Rogue River. He leaves an aged wife, a son, Nelson, and daughter, Elsie, both residing at home, and a daughter, Mrs. Etta Florey, residing at Eagle Point. A brother, N. B. Nye, is a well-known business man in Medford.
    Mr. Nye was born in Michigan, May 29, 1827, and came to Oregon in 1851, stopping first at the new mining camp, which is now Jacksonville. Later he took up a donation claim on Rogue River, where the Bybee bridge is now. From here he moved to Foots Creek, where he was married, and again moved to Upper Rogue River. Mr. Nye represented Jackson County in the first session of the territorial legislature in 1852-4. He was [a] Whig and later became a prominent leader in the Republican Party in this county. His integrity of character made him respected by all who knew him.
Morning Astorian, February 10, 1904, page 4


THE LATE CHAUNCEY NYE.
    Chauncey Nye passed away at his home near Prospect, Jackson County, Or., January 31, aged 78 years. He was born in Michigan in 1826, and crossed the plains in 1850, stopping at Yreka, Cal. for a short time. In the spring of 1851 he located in Salem, Marion County, where he opened the first bakery in Marion County, but in the spring of 1852 he came to Jacksonville, where he engaged in mining, and in the fall of 1852 was elected alcalde for the territory of Oregon. He was elected to the Oregon Legislature and served in the winter of 1853-54, and in the fall of 1855 enlisted in Company D, Second Oregon Volunteer Infantry and was elected Orderly Sergeant and served through the Rogue River Indian War under Captain Bruce Rice and Captain John S. Miller.
    After peace was declared, he settled on a donation claim in Sams Valley on Rogue River, near where the Riley bridge now stands, and in 1863 he was united in marriage to Amarantha Burt, who survives him. To this union three children were born--Ettie A., now Mrs. A. J. Florey, of Eagle Point; Nelson M. and Elsie A., who now live on the old homestead near Flounce Rock, on Rogue River.
    He was one of the party of white men who first discovered what is now known as Crater Lake, on the summit of the Cascade Range. At the time of the discovery they gave it the name of Lake Majestic, and on the same trip they climbed a tall peak, and after surveying the country they decided to call the peak Union Peak, which name it bears to this day.
    Failing health compelled him to live a secluded life for several years before his death, taking but little part in public questions. He was a loyal Union man during the war times of 1861-65, and had been a firm Republican for the last 50 years. The end came in a sleep, without a struggle, he having fallen asleep for over 90 hours, when death came and he awoke again in a new life.
Morning Oregonian, Portland, February 11, 1904, page 4


   
January 6, 1854, several petitions were presented to the House asking that Congress be memorialized in favor of Dr. McLoughlin's right to his land claim, "excepting the Abernethy Island," but the petitions were immediately laid on the table. January 28, 1854, Orlando Humason presented to the House the following resolution: "Whereas, the acts of John McLoughlin in regard to his treatment of the early settlers of Oregon, have, as we believe, been misrepresented, therefore--RESOLVED, that the generous conduct of Dr. John McLoughlin in assisting the early settlers of Oregon merits our warmest commendations, and that as evidence of the high estimation in which his services are held by his fellow citizens, the thanks of this Assembly be tendered to the said Dr. John McLoughlin." But by the vote of sixteen to seven, three being absent, the resolution was indefinitely postponed, which was the legislative way of defeating it. All honor to the seven who voted in favor of the resolution. Their names are F. C. Cason, L. F. Cartee, Orlando Humason, B. B. Jackson, J. W. Moffitt, Chauncey Nye, and L. S. Thompson.
Frederick V. Holman, Dr. John McLoughlin, the Father of Oregon, Cleveland 1907, page 153 



Last revised April 20, 2023