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Depredation and Deceit: The Making of the Jicarilla and Ute Wars in New Mexico

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Review

“Gregory F. Michno demonstrates in meticulous detail that the scale of attempted fraud associated with the Trade and Intercourse Acts throughout northern New Mexico was even worse than previously assumed. He also reveals the interconnections between depredations claimants, army contractors, and local boosters, as well as the impact that their never-ending allegations had on federal policy with the Jicarillas and Utes.”Robert Wooster, author of The American Military Frontiers: The United States Army in the West, 1783–1900  Gregory Michno has an engaging writing style. His description and analysis of a tragedy that was ultimately the result of a widespread campaign of lies and fraud, pursuant to fleecing the system and ultimately the native population, is clear and compelling…As Michno states, “Manifest Destiny, depicted in paintings as an angelic woman in a diaphanous white gown floating serenely, yet watchfully, over the immigrants heading west, was quite a bitch in reality.” (p. 245)— TheJournal of America’s Military Past  

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About the Author

Gregory F. Michno, the author of many articles and several books, including Lakota Noon: The Indian Narrative of Custer’s Defeat, Death on the Hellships, and Battle at Sand Creek: The Military Perspective, holds a master’s degree in history from the University of Northern Colorado. He lives with his wife, Susan, in Frederick, Colorado.

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Product details

Hardcover: 336 pages

Publisher: University of Oklahoma Press (September 14, 2017)

Language: English

ISBN-10: 0806157690

ISBN-13: 978-0806157696

Product Dimensions:

6 x 1.1 x 9 inches

Shipping Weight: 1.3 pounds (View shipping rates and policies)

Average Customer Review:

5.0 out of 5 stars

4 customer reviews

Amazon Best Sellers Rank:

#876,642 in Books (See Top 100 in Books)

If there were ever a doubt about Greg Michno’s facility as a researcher, this book should dispel such thoughts. Since virtually every review is, by nature, rather subjective, whenever I do such, I present a summary rather than an overall opinion: the reader should judge that for himself. If enough in the way of facts is presented in such a review or summary, interest can be piqued or discarded, so I will follow my usual practice and offer what I believe are the most important comments contained in this work. One should be aware this book is laced with detailed facts and numbers that will spin your wheels, all the while whetting your appetite for the exciting narratives of the chase and the chicanery. This is one helluva good book.1. “It seemed that the founding fathers and their generation understood that the main Indian problem came from white people and that the two groups had to work together to achieve peace. But it was still the Age of Enlightenment, and the founders’ progeny had not yet disassembled that edifice into the coming phase of melancholy Romanticism and virulent racism.” [5]2. The office of the commissioner of Indian Affairs was created in 1832. [8]3. “The Trade and Intercourse Act(s) taken in total, by opening up a wide pathway to defraud the Indians, probably caused some of the Indian wars of the nineteenth century.” [9]4. The army’s duty, “per the Trade and Intercourse Acts, was constabulary: it was there to keep the peace, protect both Indians and whites, or fight, as circumstances dictated. But the pre-Civil War army in the West seemed to savor its role as peacekeeper more than we might imagine. The records are replete with army officers questioning civilian allegations of Indian theft and murder. In numerous instances officers plainly stated that the Anglos and Nuevomexicanos were mendacious, to say the least. Many of their investigations into dire claims of robberies found the allegations to be bogus. The record shows this to be true on the New Mexico frontier in the 1840s and 1850s.” [9] [The Trade and Intercourse Acts were passed in 1796, 1802, 1822, 1832, and 1834.]5. “The Trade and Intercourse Acts, far from ensuring a peaceful frontier, were manipulated by Americans who cared less for the spirit of the acts than for their own self-interest, who through their greed and dishonesty may have precipitated the very wars that they claimed to abhor.” [10]6. “It was an invasion of Americans bearing gifts. New Mexico would more easily be persuaded to accept its American master not by bullets but by consumer goods. If they did not already realize it, the locals and the Americans rolling in from the east would soon recognize that the army theoretically not only offered protection for their businesses and farms but would be a lucrative market in itself.” [17 – 18]7. “If New Mexico was bisected with a north-south and an east-west line, the Jicarilla Apaches would generally be found in the northeast quadrant, the Mescaleros in the southeast, the Chihenne and Bedonkohe Chiricahuas in the southwest, and the Navajos in the northwest. To the south were Nednhi Apaches, and to the north were the Utes. Roaming in and out of the entire eastern half of the territory were the Comanches and Kiowas, and in the northeast were also the Arapahos and Cheyennes.” [20 – 21]8. Two branches of the Jicarilla Apaches developed: (1) the Olleros, mountain-valley people, generally more older along with children; more stationary (2) Llaneros, plains or grassland peoples, generally younger men and their wives; fewer permanent villages. [See 21]9. In describing the hunt for the Mexican bandit Manuel Cortés and Jicarilla with him, Michno writes, “But in November [1847] the Santa Fe Republican reported that Maj. William W. Reynolds, 3rd Missouri, had left Taos and was in pursuit of Jicarillas, ‘who have for some time been committing depredations on the frontier.’ The editors hoped that Reynolds would catch ‘this lawless set of Indians and give them a chastising which will restore quiet.’ Reynolds, they said, was active and efficient, ‘and we expect him to reduce to subjection a tribe which richly deserves the epithet of Arabs.’” [29 – 30] [Not only do we exhibit racism with blacks and Indians, but also it appears we subject Semitic peoples to the same indignities. This is similar to 19th century British imperialists using the “N”-word when pejoratively referring to almost any ethnic group not white-European.]10. This was the period of the U. S. war with Mexico and volunteer military units, primarily from Missouri, Kentucky, and Arkansas, patrolled the New Mexico territory. Depredations against Mexicans—primarily by the Kentucky and Arkansas troops—were particularly horrible. [See 34 and FN 51, 277 – 278]11. [On 47, at the bottom, referring to Lieutenant Joseph H. Whittlesey, there is a typo calling Whittlesey a “major.” The error is repeated on the following page, 48.]12. “The Territorials [as opposed to those who wanted statehood], who had most to gain by inciting an atmosphere of turmoil and fear, were also the ones who filed the most Indian depredation claims and had the most army contracts…. [B]ut it is telling that the Territorials, who had most to gain from an army presence, were the ones who most often raised the alarm about alleged rebellions and Indian raids.” [78]13. “The tendency of claimants to exaggerate losses or even concoct them and to blame innocent people was a real problem, but not for the accusers. If they got away with it, they made money; if they did not, they faced no repercussions.” [80]14. [The terrain photos, 110 – 121, are poorly printed and not very clear. It is a shame because they are well annotated and very comprehensive in their scale.]15. “Those who had been making money off the army were badly jolted when the Mexican War ended and the army went home, but they were relieved to learn that other troops would soon take their place. Hence the ongoing struggle to stir up enough trouble to keep troop levels as high as possible.” [129]16. “The army gave contracts for salt and vinegar, and William Skinner of Peralta got a contract to supply tallow candles at thirty cents per pound, while Sam Ellison and William Davy got a contract for one thousand bushels of beans. The army purchased molasses, lard, peaches, pickles, apples, sauerkraut (as an antiscorbutic), and occasionally whiskey for medicinal purposes. Contracts were given to freighters.” [130]17. “A horse was only expected to survive three years in New Mexico and [LTC Edwin V. Sumner, Commanding Officer, Ninth Military Department in 1851 – 1853] Sumner proposed using infantry instead of dragoons, possibly because he never fed his horses am ample diet. They could not live on prairie grass as an Indian pony could.” [131]18. “The military commanders on the New Mexican frontier struggled to limit the rampant militarism of the civilians, tried to be a calming influence, and expended much effort protecting the Indians. Department commanders Washington, Munroe, and Sumner were skeptical about civilian complaints against Indians. They did their best to tamp down the false alarms and calm the fears, but it was nearly an impossible task, because it was in the civilians’ self-interest to keep all in high dudgeon. They showed it by filing increased numbers of depredation claims in 1851. The record is replete with military reports dismissing depredation complaints as false, yet claim filing went from a low of nineteen in 1850 to a high of fifty-five in 1851. In addition, troop strength climbed from a low of about 800 in 1850 to a new postwar high of about 1,450 in 1851.” [135 – 136]19. “It seems as if we are again confronted with a paradox: more soldiers correlated with more raiding, fighting, and killing. Did an increased soldier presence really cause the Indians to raid more? That is unlikely, because much of the purported raiding was more fantasy than reality…. People were angry when Sumner moved the soldiers away from the towns and cut into their profits and when Sumner cut contracts. Crying wolf was a way to prove that Sumner was wrong and rub his face in it. The military repeatedly went on wild goose chases and found little evidence of raids.” [136]20. “… [T]he military was often the calming influence, trying to inject rationality into an electrically charged atmosphere. Without the army investigating and disarming wild rumors of raiding, rebellion, and murder, New Mexico Territory might have degenerated into a state of chaotic warfare. Sumner, although possibly bull-headed, tried to put a damper on the panics, as did [LTC John M.] Washington and [brevet COL John] Munroe. They succeeded for the most part but were generally seen as appropriating power that belonged to the citizens.” [146]21. In 1852, Democrat Franklin Pierce was elected president, taking office on March 4, 1853. This meant wholesale changes including the governorship of the New Mexico Territory. Lane would be replaced. [157]22. On May 3, 1853 a Navajo killed a man at his grazing camp. In typically overacting fashion, troops were scrambled in pursuit and the territorial governor at the time, William Carr Lane, demanded the chiefs surrender the murderer. “Astonishingly, Lane told [his messenger] to tell the Indians that ‘failure, on the part of the tribe, to comply with these demands, will be considered a justifiable cause of war.’… Americans censured Indians because they reportedly took vengeance on innocent people, but now the governor and department commander had just threatened to make war on an entire tribe because of a single crime.” [158] [Just another perfect example of the racism inherent in so many Americans.]23. Sumner left on leave, June 30, 1853, ostensibly ending his tour as department commander. LTC Dixon Miles replaced him temporarily. [161]24. In August 1853, David Meriwether replaced William Carr Lane as governor and brevet Brigadier General John Garland took over as the new department commander. [162]25. Michno writes, “”Believing there was a war raging, Governor Meriwether left Louisville on June 17 [1854] and returned to the territory on July 22, just in time, he claimed, to help a beleaguered General Garland by raising a regiment of volunteers to save the day. Facts do not bear this out. Meriwether knew of the troubles in May, but Garland had everything under control by July and did not want any volunteers causing more complications.” [206 – 207] [An example of the duplicity and self-serving bluster of so many of the civilian officials and landowners.]26. “A drought hit the Utes hard. In the fall of 1853 some were reduced to peeling bark from pine and aspen trees in the San Luis Valley to feed their children. Lack of weapons thwarted their ability to hunt buffalo on the plains. For five years the Utes remained comparatively peaceful, even returning lost or stolen stock on numerous occasions, but by 1854 the pressures were building. With expanded settlements on Ute land, plowing of fields, grazing stock on sparse grass, hunger, smallpox, unlicensed traders, lack of trust, inequitable justice, fear, and increasing hate, the situation had reached the boiling point.” [213]27. “It was much harder for the government attorneys to prove witness collusion and deceit, so the broader framework of the Trade and Intercourse Acts was the ticket to a successful defense. There would be no indemnification from tribes at war, only those at peace. Peaceful tribes, however, would not be committing depredations; if they did, then they must be at war. Government attorneys may have been playing a technicality game, but it never matched the game of fabrication, falsehood, and fiction that the civilians played on the government.” [220]28. In a very interesting footnote comment, Michno writes: “The historical value of these depredation claims has been praised and damned. One author who has collected depredation claims believes that despite the exaggerations in losses, ‘seldom was it determined that an attack had not been made. The facts of the attacks were not challenged.’ He also said that ‘it was seldom that the claimant was dishonest in putting forth an account of an Indian attack, who was there, what happened, how it happened, etc.,’ but just a ‘human tendency’ to inflate losses (Jeff Broome, The Cheyenne War: Indian Raids on the Roads to Denver, 1864 – 1869... 17, 20, 23).” [221; FN 18, 299 – 300] [Obviously an inflated rationalization unsupported by proper research; also, a failure to include all pertinent accounts, logic, and evidence, along with more recent studies of human and psychological behavior, especially where financial gain is involved.]29. “The army was the ‘usual suspect’ in the inadequate protection blame-game, while trumping up charges against the Indians had been the standard tactic used by governors and citizens even since General Kearny rode to town in 1846. If the military were skeptical, the locals would create real problems.” [238]30. The Commissioner of Indian Affairs, George W. Manypenny’s “report for 1855 reiterated what he and others had been saying for years: whites had intruded in Indian country and destroyed their food resources to such an extent ‘as to compel them to plunder or steal from our citizens or starve.’ This was the main cause of depredations.” [242]31. “American and Mexican citizens and settlers, by destroying the Indians’ economic system, were the root cause of depredations—they cheated the Indians, sold them whiskey, and stole their annuities. Congress needed to repeal laws that enable litigious, avaricious white people from preying upon the Indians. The Trade and Intercourse Acts were a chief cause of fraud and war—not intrinsically, but because they were exploited by fallible human beings who easily rationalized their greed. If some perspicacious folks realized that, few made mention of it.” [243]32. By 1856 “Most of the tribes had been subdued or placated and there was comparative peace, but that would never be allowed to stand. Better to accept the word of ‘honorable’ people that the Indians continued to despoil the land rather than chance losing the army, the posts, the contracts, and the money that they brought in. Regardless of their protestations, a significant number of citizens did not want peace, which was not as lucrative as war. Those in power continued to use fear and threats of devastation and death to hold that power.” [248]33. “The idea that the Indians all thrived on war and plunder was often more a white fantasy than a reality—a tool to foment fear, make money, and obtain and hold power. When the whites acquired most of the land they wanted from the Indians, they had less occasion to attack them and file claims against them. American and Mexican civilians increasingly molested different tribes, generally shifting their complaints against the Jicarillas and Utes to the Apache tribes farther to the south and west.” [248 – 249]34. “… [T]he Trade and Intercourse Acts, passed to facilitate peaceful resolution to conflicts between the whites and Indians, were a dismal failure. The acts that sanctioned a depredation claim system were a windfall for dishonest people. Swindling the government by accusing Indians of robbery and murder, and profiting from it, was a key cause in the Indian wars in New Mexico Territory and may very well be established as a key cause of most of the Indian wars of the nineteenth century.” [249]35. “A rung above the dishonest civilians were the local government authorities. Their overheated response to events often fostered an environment of fear that only made matters worse. Sometimes the authorities were duped and did not realize how they escalated the situation, and sometimes they were willing participants in the chicanery.” [249]36. “New Mexicans used the Indians as the outside bogeyman, but in many systems the insiders are the most dangerous. Authority is loath to admit it, because it then becomes a management failure. The Trade and Intercourse Acts were commercial and security systems that failed.” [250]37. “Authority loves fear. Fear is the barrier between ignorance and understanding.” [250]38. “We do what we fear in others; we become who we fear; and in the process we take action to disregard rights in the name of preserving those rights.” [250]39. “Disliking New Mexico and its people, and frustrated and enraged by the chicanery, [Colonel] Sumner was ready to abandon the territory to the Mexicans and Indians.” [251]40. “It is true that many officers held a condescending attitude toward frontier civilians that often bordered on disgust—a sentiment frequently mirrored by the civilians. Many officers battled their consciences before battling Indians. Col. Ethan A. Hitchcock, 2nd Infantry, wrote: ‘It is a hard case for troops to know the whites are in the wrong, and yet be compelled to punish the Indians if they attempt to defend themselves.” [251]41. “In New Mexico Territory… the record is replete with army officers who questioned civilian allegations of Indian theft and murder—discovering that the revered commoners of Jeffersonian and Jacksonian America were often a passel of swindlers.” [252 – 253]42. “Concentrating on the clashes with the Jicarillas and Utes, in at least fifty-two instances the army investigated reports of raiding and found them to be without merit. In an additional ten instances the civilian governors assessed the rumors of Indian raiding and judged them false. There were also twenty-three civilian inquiries into reports of Indian/Mexican rebellions that proved to be false.” [253]43. “Powerbrokers and the media, using smoke, fog, and mirrors, manufactured and manipulated society’s fear of outsiders, concealing the reality that most of our problems originated from within, augmented by our own bigotry and greed…. Americans manipulated the Trade and Intercourse Acts for their own gain and, by their avaricious conduct, precipitated the warfare that would expedite their conquest over the Indian tribes.” [253]

The role of army of the post Mexican War in the recently captured territories is a subject seldom covered much less understood by most modern writers.Greg Mincho has done a magnificent job researching the causes of the wars with the tribes in New Mexico, following General Stephen W. Kearny's bloodless conquest beginning in 1846 . He has carefully reviewed the many claims of settlers for alleged theft of cattle, horses, and sheep by tribes and presents solid evidence that the vast majority of these claims were bogus. Worse, not only did the Army punish innocent tribes for these thefts, but more troops of a post-Mexican War, overstretched army were diverted to New Mexico. The result of an increased military presence were more federal dollars expended to pay locals for food and provender. In particular, for years, tribes such as the Utes, Navajo, and Jicarillas paid in blood for the false claims.Mincho's writing style is superior. His broad knowledge of the terrain, army units, and diverse civilian personalties demonstrate that his book was carefully assembled over a period of years.

Gregory F. Michno has written numerous books dealing with the Indian Wars and World War II. His works often embrace controversial, revisionist interpretations, and this may be one of his best.In Depredation and Deceit Michno examines the stereotype of sturdy, yeoman farmers and ranchers struggling heroically against Indian “savagery” in order to “civilize” the frontier and turn it into a place where they can build their dreams. What Michno found is that as often as not, the avarice, greed and corruption displayed by the settlers themselves did more to engender Indian hostilities than anything done by the Indians.Various laws enacted by the American Government sought to provide a mechanism for peaceful compensation to settlers for depredations committed against them by hostile Indians. Predictably, these laws contained the kinds of loopholes that produced an avalanche of unintended consequences. In short, they opened the floodgates to a deluge of fraudulent claims that led almost immediately to retaliatory acts of violence by settlers against completely innocent Indians, and eventually to Indian wars that Michno contends were “completely unnecessary.”Michno’s research is impressive. He relies heavily on official reports, government documents and especially on military and governmental correspondence. He presents an almost endless series of case studies showing depredation claims submitted for losses of hundreds and even thousands of cattle, sheep and other property allegedly stolen by Indians, which were later shown to be the work of Mexican bandits or white robbers. In many cases the depredations were actually completely fabricated. They never occurred.The Army, rather than being complicit, actually worked tirelessly to protect the Indians. Michno documents countless incidents where Army officers refused to attack Indians based on demonstrably fraudulent claims. He shows that many Army officers blamed settlers and bureaucrats for any troubles in the territory.The media naturally comes in for bitter criticism as well for its role in fanning the hysteria. Eventually, wars resulted.Michno’s work deserves serious study and follow up. Although this book is limited to actions in New Mexico, Michno’s methodology could be beneficially applied to many other areas of the Indian Wars.

Greg Michno has written a wonderful analysis including causes and effects of the little known events of Indian - settler-military conflict in the New Mexico borderlands of the 1850s. Rich in detail this book is highly recommended.

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