Umpqua, July 5, 1851.       

    People are now reaping the fruit matured by the sending of the Mounted Rifles from the Territory to another district of the country where they are much less needed. Not a week passes by but new reports reach us from the Rogue River country, all showing the implacable hostility the Indians have conceived against the whites and their manifest relentlessness towards persons passing through their country. It has been our painful duty to have recorded the deaths of some of our citizens for the past month. One conspicuous among the number was Capt. Stuart, whose loss is deeply deplored by all who knew him. He was one of the first officers of his rank, and had few superiors in point of discipline, judgment and bravery, and was with all truly a gentleman. We venture again the assertion that no part of the United States or its Territories is so inefficiently protected at this time as Oregon. Yet we have men among us who have, during the past year, clamorously urged their withdrawal from the country. There are some, even at this day, who stand ready to justify the movement--who say that they were an idle, lazy and corrupt set of men--unfit to dwell in so lovely a place as Oregon.
"Should Oregon Be Unprotected?" Oregon Spectator, Oregon City, July 10, 1851, page 2

    There has been an oral tradition in Southern Oregon about the hostilities of the Indians, and the death and burial under an oak tree at Phoenix, Jackson County Oregon [of Lieutenant Stuart] for many years; but its true history has never been published. With the assistance of Hon. Binger Hermann, our vigilant, active and able representative who has received the official reports from the Adjutant General office of the United States. Major Kearny in 1851 was ordered to march overland from Oregon City to Benicia, California. While in Umpqua he received a petition from the citizens requesting the protection of the troops and offering to supply them with ammunition etc. transported to the seat of action at very low prices, which petition was signed by the following citizens, namely:

Joseph Knott	W. H. Bolander
W. D. Eakin	Samuel Neill
S. W. Corkins	J. M. Stevart
W. Patterson	D. Evans
Albert H. Hawks	Daniel White
A. Tyrrel	C. G. Belknap
Wm. Harris	Philander Gilbert
Samuel McCollum	James Williams
Wm. Burget	G. W. Bethards
A. B. Florence	Lorenzo D. Gilbert
David Ayer	N. P. Newton
Ruben F. Burget	H. A. Belknap
Wesley Carroll	M. M. Fotte
Charles Perkins	Daniel G. Boyd
David Powell	M. G. St. John
John M. Lancaster	Samuel Hoffman
Hermon Noble	Thos. M. Aubrey
Geo. T. Eastbrooks	Reuben Dickens
J. C. Gouldin	Geo. B. Julin
Wm. T. Patten	J. M. Jessee
Leonard J. Powell	Jos. A. Watt
H. P. McGee	Franklin Kittredge
John Swett	Gilbert Reynolds
James G. Mallcaler	James Watt
Daniel Grewell	Waldo Jewett
R. S. Jewett	S. D. Jewett
Sewell Johnson	William Dinnymore
Jackson Powell	Edward Griffin
Wm. N. Wells	Geo. C. Brown
R. Fennel	Jesse Hawley
Wm. Judd	John Dickens
Chisholm Griffith	James F. Gazley
John Fullerton	Allen Nixon

   
The Adjutant Gen., U.S. Army,
    Sir.--I have the honor to report that on reaching the Umpqua Canyon (the 13th inst.), finding the settlements exposed to, and roads infested by, hostile parties of Rogue River Indians, I took measure to attack them. We had several skirmishes on the 17th inst., in one of which I regret to state that Bvt. Captain Stuart was mortally wounded, while heading a charge of cavalry. Two others were wounded on the same occasion. We have killed some fifteen or more of the enemy. In these affairs the behavior of the command has been most satisfactory, and I have been very efficiently supported by Bvt. Captain Walker, M. Rs. [Mounted Rifles], and Lieut. Williamson, Top. Eng. [Topographical Engineers], on duty with my command. The Indians are combined in a war party, some 300 strong. We discovered several whites among them. I enclose a detailed account of our late movements.
Major General R. Jones
    Adjutant General, U.S.A.
        Washington, D.C.
The Adjutant General U.S. Army
    Sir.--I have the honor to report in detail that I left Columbia barracks, Vancouver, on the 29th ult., pursuant to instructions from division headquarters, with the squadron of 1st Dragoons, late transfers from the Mounted Riflemen, en route for California.
    The first part of our march was the ordinary routine, passing through a thinly settled but uncommonly beautiful and fertile country. On nearing the extreme settlements, rumors of Indian hostilities met us. At Knott's, at the entrance of the Umpqua canyon, the truth of these was confirmed beyond a doubt, and I was waited on by a deputation of citizens, with a petition requesting the protection of my command.
    A post is required in this vicinity more than any other point in Oregon. This point is the key to the road to California, is the best entrance for immigrants to Oregon, and the Rogue River Indians are proverbially the tribe of all others most to be dreaded, as fierce and treacherous in the extreme. At this moment not only is the road infested by them, but all the settlements throughout the Umpqua are in danger. As under my orders it was not in my power to delay more than a limited period, I deemed it advisable to surprise these Indians, if possible. Consequently having dispatched my train under Lt. Irvine by the regular road, with as strong a force as I could spare--guided by Messrs. Applegate and Scott--I penetrated by a new route, placing myself in rear of the presumed situation of the Rogue River villages, and thus I hoped with even the limited force of 67 men to break them up before they could combine, or disperse. We left Knotts on the 14th inst., followed up the South Umpqua, crossing the divide on the 16th, and reached the Rogue River on the following day. One difficulty was the uncertainty of the distance to and the situation of the villages. They were supposed to be from five to ten miles off. My plan was to rapidly sweep both sides of the river, but it was found for miles unfordable and dangerous in swimming from the swiftness of the current and nature of the banks. We pushed on at trot on discovering a fresh trail. Signals and cries soon convinced us that we had been discovered and our movements watched. The column took the gallop, trusting to anticipate the Indian scouts, Captain Walker leading with orders to seize canoes, or pass where he could, Captain Stuart following in supporting distance but destined under my command to act on the right bank, the provision and baggage following with a small guard. A party of Indians being observed in a hammock, Captain Walker dismounted and cleared it; the Indians escaped by the river. Captain Stuart was ordered to cover this movement. Shortly after this period, Captain Walker most gallantly pushed across the river in defiance of all obstacles and some Indians opposite--fortunately without accident. I then overtook and joined Captain Stuart's half squadron just in time to see it in a brisk skirmish, charged and destroyed a part of the enemy, who fought desperately--a charge brilliant in itself; but most costly to us, as it resulted in the death of its most distinguished leader, who fell mortally wounded while leading his men. Two others were badly wounded. The train had now to be waited for, and the camp of the wounded to be established. This occasioned a delay of three-fourths of an hour, and left but seventeen disposable men, with which, accompanied by Lt. W. Williamson of the Top. Engr. (whom I had assigned to line duty) I pushed on again rapidly hoping at least to make a diversion for Captain Walker. After passing on some miles a smoke at a distance, which proved to be a signal fire, led me to suppose that Captain Walker had destroyed some village.
    I consequently disposed of my men so as to intercept the fugitives. This brought me unexpectedly on a powerful war party of 250 or 300 Indians. Fortunately a small isolated clump of trees gave me a strong position, and concealed my numbers. I maintained this position as long as I dared, without being cut off from my camp, and retired without loss.
    The next day fearing both for Lieut. Irvine's and Capt. Walker's detachments especially from our previous ignorance of a strong war party, and greatly hampered by my hospital litters, I crossed the left bank to avoid an action amidst the ravines and passes.
    The 19th of June Captain Walker and Lt. Irvine joined me from a camp at the foot of the Siskiyou Mtns. I enclose Captain Walker's report of his movements.
    My position is such as to leave the enemy in doubt as to my future moves, and they are likely to remain embodied. In the meantime I have sent Messrs. Applegate and Scott with an address to the citizens in the several adjoining districts, calling them to turn out in force, in which case our dragoons will do their duty in the main attack, and the volunteer companies will cut the Indians off from, or pursue them to the mountains. I trust in this matter to afford relief from the Indians' attack, until a post can be permanently established, which I now recommend as necessary. (The post would in a short time be of little expense, as the Rogue River bottoms are very fertile.) In detailing these operations, I must mention Messrs. Scott, Applegate and T'Vault, gentlemen of high standing as pioneers in Oregon, have rendered me as much by their courage and coolness before the enemy as by their knowledge as guides in this new region.
    I have the honor again to repeat, as in my first report, the satisfactory conduct of every man of my detachment and of the gallant and efficient manner in which I have been supported by Capt. Walker and Lt. Williamson. Bvt. Captain Stuart's brilliant career raises him beyond the common station of the individual commander--it can only be uttered by the united voice of the army of Mexico.
    I am, sir, very respectfully
        Your obedient servant,
            P. Kearny, Brevet Major
                1st Dragoons, Com.
    Sir:--I have the honor to communicate for the information of Major Kearny, commanding, that agreeably to his order I crossed Rogue River with detachment Company E, 1st Dragoon, on the morning of the 17th inst., with instructions to pass down the left bank of river and to destroy or disperse any forces of hostile Indians that I might encounter. While with detachment Company [A], commanded by Capt. Stuart, the major commanding was to proceed down the opposite shore and by our joint movements to destroy or disperse any band of hostile Indians that might be collected together for the purpose of depredations on the inhabitants or travelers. My instructions were to cooperate with Maj. Kearny as far as practicable; at the same time it was believed that either company would be of sufficient strength to operate successfully against any force of hostile Indians in the country. Agreeably to these instructions, after crossing Rogue River I proceeded rapidly down the left bank about ten miles, falling in with and partly destroying several small bands of Rogue River Indians. At this point, hearing nothing of Major Kearny's command, I determined to halt and communicate with him for further orders. For this purpose I dispatched a noncommissioned officer with a small party to learn from Maj. Kearny his wishes to my further movements. After some hours absence the noncommissioned officer returned with his party and reported that he had proceeded nearly to the point on the river where we had crossed in the morning without seeing or hearing anything of Maj. Kearny's command, and that he was prevented going quite to this point by encountering a band of armed Indians, too numerous to be attacked by his small party. I would remark that from the information we had received we were led to believe that there was a large Indian village near us, but on which side of the river it was situated we were ignorant, and as I knew it was Maj. Kearny's object to reach this village and destroy it, I determined to proceed down the river and carry out his design. At the point I had then reached, the river forms almost a semicircle, my company being on the outer circumference, and thinking it probable that Maj. Kearny had taken the chord of the arc I pushed forward rapidly for nearly fifteen miles without seeing or hearing anything from the command on the opposite shore, but was able to see several miles distance, and saw a large Indian force, mounted, of several hundred. Some apprehensions were felt for the safety of Maj. Kearny, and I made several attempts to cross the river and cooperate with him, but it was impossible. I was without rations and determined to fall into the main road between Oregon and California, hoping to overtake Lieut. Irvine's supply train which had been dispatched by this route, and to procure rations from him and to return in the direction I supposed Maj. Kearny to be in or in the event of not meeting Lt. Irvine to procure, if possible, rations from some party of miners on the road, I overtook Lt. Irvine about noon on the 18th, and received orders from Maj. Kearny to join him at this camp, which I did at noon on the 19th inst.
    I am, very respectfully,
        Your obd't. servant,
            Sig: J. G. Walker
                1st Lt. R.M.R. and Bvt. Captain U.S.A.
    Sir:--I have the honor to continue the report of my late movements against the Rogue River Indians.
    The position of my camp enabled me, whilst awaiting volunteers, to cover the road, and to afford a safe resting place to parties from the mines. I captured the only packs robbed within miles of me.
    The desultory bonds of mining community caused comparatively a small number to volunteer; those who did, however, rendered much service and were extremely active. They amounted to near one hundred.
    The 23rd and 24th were spent in breaking up the Indian ranches [i.e., villages] and in destroying such war parties as we could meet. On the afternoon of the 23rd there was something of a brisk skirmish in a dense hammock with a party which had been intercepted by Col. Freaner's "spies."
    The night of the 24th, General Lane, who learning [of] the troubles had raised a party, and had been acting in the vicinity, joined our camp. (As General Lane was present in a private capacity, it was not possible to yield, as I would have desired, as due to his position and distinguished reputation, the command of my detachment, but I had the honor from that time of acting in cooperation with him.)
    Whilst on this detour, Gen. Lane's party succeeded in capturing the family of the head chief.
    We have taken many prisoners among the women and children, above thirty. They will prove useful in effecting a treaty or holding the Indians in check.
    Still, a post is instantly demanded to maintain quiet--nor have I faith in a treaty with these people.
    I am, sir, very respectfully,
        Your obdt. servt.
            Sig: P. Kearny,
                Bvt. Maj. 1st Dragoons Cmdg.
    Sir:--I have the honor to enclose a report of my late movements against the Rogue River Indians, together with the statement (and signatures) of the citizens of that frontier on which my action was founded.
    I also enclose Gov. Lane's receipt for the prisoners, whom he is to deliver to Gov. Gaines or Mr. Dart, Supt. of Indian Affairs in Oregon.
    I understood indirectly that it was Gov. Gaines' object by means of these captives to effect a treaty with the head chief.
    Very respectfully,
        Your obt. servant
            P. Kearny
    Mr. Kearny also states that the Indians were combined in a war party of some 300 strong. He discovered several whites among them.
Roseburg Plaindealer, April 8, 1887, page 1


Dear Bush
    I write you from Camp Stuart a brief account of Major Kearny's operations in the Rogue River country, and that he had very properly determined to take the prisoners with him. I arrived at the Shasta diggings on the morning of the 30th ult, which is within ten miles of the road leading to California on which the Major would pass by Wednesday noon. I had my business settled up and was ready to return to Oregon. Lt Irvine came in and reported that the Major had passed and would camp near the Shasta Butte, distant 25 miles. I told Irvine that if I could get the prisoners I would take them to Oregon and deliver them to the Governor or Supt of Indian Affairs.
    He immediately dispatched a courier to Major Kearny bearing my letter, proposing to take charge of the prisoners, which reached him by seven o'clock in the evening. The Major promptly dispatched Capt Walker with them, who arrived at my camp just before daylight on Thursday morning. When a party of Oregonians, numbering some twenty, among whom was Dan, Waldo [Dan. Waldo?] and Hunter and Rust of Kentucky and Simonson of Ia. bound to Oregon, kindly offered to assist in bringing them in. We immediately set out and arrived here safe with all the prisoners, yesterday noon, when I had the pleasure of finding Gov Gaines with some fifteen men. To him I delivered the prisoners. His intention is to see the Indians and if possible make peace.
    My son Jo will remain here with the Governor. By noon today I shall set out for the City but shall be compelled to travel quite slow, as I have to give protection to some wagoners who had the kindness to haul in some of the prisoners who were worn out traveling.
                        Yours truly
                        Jo. Lane
    P.S. I omitted to mention that on my way down Rogue River with the prisoners I had a conversation with a considerable number of Indians across the river, who gave me a terrible account of the invasion of their country by our people. That they had come on horses in great numbers invading every portion of their country, that they now were afraid to lay down to sleep for fear the white people would be upon them before they could wake, that they were tired of war and now wanted peace. I told them that the Governor was at the crossing of the river, that I would leave the prisoners with him, and that they must go and talk with him and make their propositions of peace to him, who would be glad to see and talk and make peace with them.
                        J. L.
"Copied from original letters in possession of Asahel Bush, Salem, Oregon." This particular letter was misfiled as being from 1857. The image of the original can be found on the second microfilm reel of the Jo Lane Papers.


    FROM SHASTA VALLEY.--We see it stated in the Sacramento Union of the 14th that tidings of the death of Capt. Stuart, who was killed in an engagement with the Rogue River Indians, were received from Shasta Valley. That paper further says:
    Lieut. Irvine was also captured by a Frenchman and two Indians. The lieutenant subsequently made his escape by killing the Frenchman with a bar of lead, with which they were casting bullets.
Daily Alta California, San Francisco, July 17, 1851, page 2






To the Editor of the Oregonian:
    Sir--The various incorrect reports which are current in the newspapers of the country in relation to the operations of Gov. Gaines, among the hostile Indians on Rogue River, render it important that a correct account of what he actually did and did not do should be laid before the public.
    As I was a member of Gov. Gaines' party, I had an opportunity of knowing what was done, and propose, with your consent, to lay before your readers the following statement:
    Gov. Gaines arrived in the Umpqua [Valley] on the 22nd of June last, and announced his intention of at once proceeding to Rogue River. Delaying a few days to raise a small escort, on the 26th he left Winchester, accompanied by ten of the citizens of this valley, en route for the seat of war. By rapid traveling he reached Rogue River about noon of the 28th, and there met a large party of returning miners and volunteers, among them Messrs. Applegate and Scott from this valley. They informed him that the detachment of troops under the command of Brevet Maj. Kearny was encamped at the northern base of the Siskiyou Mountains, intending to cross the next day. Selecting the best animals in his company he dispatched four men on express to Maj. Kearny's camp, bearing a request to him to delay his march one day that he might overtake him. The express reached the camp the same night, having traveled about sixty-five miles that day, but Maj. Kearny, for reasons best known to himself, declined acceding to the request, and the next morning soon after daylight took up the line of march for California.
    Upon hearing of the departure of Maj. Kearny, the Governor returned to the crossing of Rogue River and there encamped for the double purpose of recruiting his much exhausted animals and learning, if possible, the whereabouts of the Indians. Hearing that a large body of the enemy were encamped on the north side of the river, about thirty miles below his camp, he proposed to several large parties of returning miners to accompany him as volunteers, for the purpose of attacking them. They however declined so doing, and he was left with his force of only ten men, barely strong enough to act on the defensive.
    I mention this in order to correct a false impression which may have arisen from an article (editorial) which appeared in the Spectator, stating that a party had offered their services to the Governor to attack the Indians. To my certain knowledge, no such offer was made; on the contrary, every effort to induce them to do so was declined.
    About the 8th of July, Gen. Lane arrived from Shasta having in charge the prisoners, twenty-eight in number, which had been taken during the war. He informed the Governor that on his way down the day previous, he held a conversation with the Indians across the river, about twenty miles above the ford, who expressed to him their great desire for peace, that they were in a starving condition, and that they were unable even to sleep for fear of the "Bostons." To this the General replied that he was informed that the Governor was below at the ferry, and that if they would go down and see him; if they wanted peace in good faith, he had no doubt it would be granted; and on the following morning one of the party, with an interpreter and one of the prisoners, was sent up on the north side of the river to endeavor to communicate with the Indians and acquaint them with our willingness to grant them peace. They proceeded up some distance without seeing any of the enemy, but when opposite the "Point of Rocks" they were fired upon with arrows from the heights above. The interpreter, by addressing them in their own language, made them understand that they were not there for the purpose of molesting them in any way, and made known the Governor's wishes and intentions.
    With this new assurance, in addition to what Gen'l. Lane had said to them, they concluded to come to a parley, naming the next day for the interview. On the tenth two Indians (one a minor chief) came to the camp very cautiously, as though fearing treachery, but by a few small presents they were restored to confidence, and expressed a desire for peace. The Governor told them that he wished to see all the chiefs and principal men of the tribe, that he would grant them peace but it must be peace with the whole nation, and appointed a day (the 13th) for a general interview. The Indians left, promising to return, and on the appointed day, soon after sunrise, Indians began to flock in from all quarters, and before noon nearly or quite a hundred had collected. Provisions and a few presents of tobacco &c. were distributed among them, after which they were invited to a council.
    They expressed an ardent desire for a cessation of hostilities--said that the whites were everywhere through their country--had killed their men and taken their women and children prisoners--driven them from their fisheries and prairies into the mountains, where they could not obtain the means of subsistence, and that they were in a state of starvation. They seemed to have quite a correct idea of the utter folly of offering any resistance to the power of the whites.
    The terms upon which our government was willing to make peace were known to them, and they declared themselves willing to accede to them. The council was then adjourned till next day, and the prisoners, though not permitted to leave the ground, were suffered to intermingle with their friends. They were not, as stated in the Statesman, "given up before the treaty was concluded," nor were they permitted to hold any intercourse with their people until they had signified their willingness to agree to the terms proposed.
    On the morning of the 14th, a treaty was drawn up and signed by the Governor on the part of the U. States, and by eleven chiefs on the part of the Indians.
    The chiefs who entered into the compact represented the whole of the Indians on Rogue River and its tributaries, with the exception of a small band known as the "Grave Creek Indians" (about thirty men), who were not on friendly terms with either the South Umpqua or Rogue River tribes. Several efforts were made with both these tribes to induce them to send a messenger to this band (the Grave Creek), but they uniformly refused, saying: "that they were on bad terms with them, and that any message by their means would be unavailing."
    The Grave Creeks had in fact left the Rogue River Valley and sought refuge on a branch of the South Umpqua to avoid taking a part in the hostilities then going on, as we were informed.
    I know not who the "intelligent Umpqua friend" of the editor of the Statesman is, who writes to him as follows: "The hostile savages refused to meet him. They are the Grave Creek and Siskiyou Mountain Indians. The tribes with which he treated are now, and as I understand ever have been, friendly." He must be grossly misinformed, or he willfully misrepresents. The Indians who were included in the treaty were the same who fought the battle where Capt. Stuart was killed--the same who fought the "Hammock Fight"--the same who fought every battle with the troops--the same who murdered  Dilley at the foot of the Siskiyou Mountain--the same who attacked McBride's party--the same who robbed Messrs. Scott and Nichols, and the same of whom the prisoners were captured, and to whom delivered. They were in fact, the only Indians (save the Grave Creek band, who were not seen at all, and therefore could not have refused) north of the California line with whom the whites have had any difficulty.
    The Statesman also says: "The general opinion entertained of this treaty in the southern part of the Territory may be gathered from the allusion made to it by our regular Umpqua correspondent. 'Ewald,' whose interesting letter will be found in another column. The unmistakable murmurings of the people of that section at the inefficient, do-nothing course pursued by the Governor seem to have changed to ridicule at the farcical manner of its close."
    I have conversed with various persons in all parts of this county on the subject of the treaty, and with the single exception of our recent Yankee importation "Ewald," whom the editor of the Statesman assumed to be the organ of the sentiments of the people of this section, I have never found a man who has not heartily approved of the Governor's course. One sentiment seems to prevail among the whole community, and that is: unqualified approbation of the treaty, and the manner in which it was concluded.
    "Ewald" in speaking of the reported capture and escape of Lieut. Irvine, says: "This is a fine comment upon the treaty which was made a few days since."
    Comments are commonly understood to follow the thing commented on, but here the order of the two appears to be reversed; as the affair between Lieut. Irvine and the Frenchman occurred (if it occurred at all) on the 4th of July, ten days before the treaty was concluded, and several days before the Indians were informed of our willingness to make peace.
    The treaty was, as nearly as I recollect, in substance as follows:
    "Hostilities to cease, and peace faithfully to be observed. The Indians hereafter to be under the exclusive superintendence and protection of the American government and to be bound by the decision of its agents in all disputes that may arise hereafter. All prisoners taken or property stolen by either party to be delivered up, and the whites are at liberty to pass and repass unmolested through the country, and the Indians to be held to a strict accountability for all depredations."
    The conduct of the Indians since the treaty was concluded has been such as to give confidence to the belief that they will continue to observe its terms, if they are observed on our part.
    They are now very friendly, and have not been guilty of a single overt act, not even a theft--since the compact was entered into. Travelers in passing through the country go in small companies, and have universally found it unnecessary to stand guard; and suffer their animals to run loose, unhampered. Several instances have occurred of single persons passing through the whole country alone.
    I have deemed it no more than justice to Gov. Gaines to give this statement publicly, and trust you will pardon the length to which it is necessarily extended.
Oregonian, Portland, September 6, 1851, page 2


    The Statesman has been laboring with all its power, aided by a correspondent, to prove that the late treaty entered into with the Rogue River Indians by the Governor of Oregon was of no avail. The Indian agent, Mr. Spalding, says that he has entire confidence in the treaty, its validity and the good results that will follow from it. We have conversed with returning miners who represent the whole road from Rogue River to the canyon as safe; they also concur in representing the Indians quiet and peaceable. This state of things is of the utmost importance to the country--may it long continue.
Oregon Spectator, Oregon City, August 19, 1851, page 2

Indiana State Sentinel, Indianapolis, August 21, 1851, page 2


    We give place today to a communication from S------ upon the subject of the Rogue River Treaty, who is a gentleman of unimpeachable integrity, and who is well posted up in relation to the whole matter. We do not deem it necessary to publish a single line or sentence to defend Gov. Gaines from the cowardly attacks of his vilifiers, who appear in the Statesman both editorially and over fictitious signatures. It would require a thousand such calumniations to convince any honorable man that the Governor has not done all in his power to secure peace to our citizens, and protection to their property. By the way, we are informed by a gentleman who was an eyewitness to many of the transactions described by our correspondent S------ that it was suspected by many in the southern part of Oregon that Mr. Ewald, and also the "intelligent" correspondent of the Statesman, are one and the same little gentleman, who was the first person employed by the Governor in the Umpqua Valley to accompany him to Rogue River, and who was the first and only person who violated his engagement (in the exercise, we suppose of his right of secession) without consulting the other party to the compact, sending a verbal message that he considered it his duty, in accordance with a previous promise, to remain at home to open the mail.
Oregonian, Portland, September 6, 1851, page 2




    ROGUE RIVER MATTERS.--Dr. Dart and suit have left for Port Orford on the Pacific to purchase of the Indians their land in that vicinity and about the mouth of Rogue River. This band of Indians is small and is separate and distinct from any of the tribes generally denominated Rogue River Indians. It was the intention of the Superintendent at first to have shipped all his goods &c. intended for presents to the Indians to that point, but learning that no practicable road can be made from there to the interior--and that there is no communication between the tribes above and below on Rogue River--the idea was abandoned; the usually traveled route to that country will be adopted immediately on his return, and the goods etc. are to be packed overland.
    We rejoice that the time for quieting the nerves of some of the paragraph writers who have been haunted by "bugaboos" in the Rogue River country is near at hand. There has been much said about the faithlessness of the Indians, their constant depredations, for three or four months past, upon the whites, and their utter disregard of the treaty lately entered into. We have received information direct from there a few days since. Mr. Courtney Walker, a reliable Democrat, favorably known to many of our readers as a gentleman and scholar, reports all quietness in that quarter, and the best feeling (as we have frequently stated before) prevails among the Indians for the whites, and he says, too, that the treaty has been faithfully observed by the Indians ever since it was made.
    Mr. Walker pronounced the statements made by the editor and his hopeful correspondent, "Ewald," of the Statesman, a tissue of falsehoods from beginning to end. "We want no better authority to convict the editor of the Statesman of the most dark-hearted villainy in endeavoring to stir up strife, to promote discord among the people, and lessen thereby respect for the government and its officers and render ineffectual the labor of men who were striving to stop the further effusion of blood. There have been occasions in our country's history that such a course on the part of an editor would have been considered treason. And it is just as much treason now as the secession and nullification movements are in South Carolina.
    We take from the Oregonian the following extracts, which are written by a resident of the Umpqua, and who composed one of the escort at the time the treaty was made, and is conversant with all the facts relating thereto:
    "I know not who the 'intelligent Umpqua Friend' of the editor of the Statesman is, who writes to him as follows: 'The hostile savages refused to meet him. They are the Grave Creek and Siskiyou Mountain Indians. The tribes with which he treated are now, and as I understand ever have been, friendly.' He must be grossly misinformed, or he willfully misrepresents. The Indians who were included in the treaty were the same who fought the battle where Capt. Stuart was killed--the same who fought the 'Hammock Fight'--the same who fought every battle with the troops--the same who murdered Dilley at the foot of the Siskiyou Mountain--the same who attacked McBride's party--the same who robbed Messrs. Scott and Nichols, and the same of whom the prisoners were captured, and to whom delivered. They were in fact the only Indians (save the Grave Creek band, who were not seen at all, and therefore could not have refused) north of the California line with whom the whites have had any difficulty.
    "The Statesman also says: 'The general opinion entertained of this treaty in the southern part of the Territory may be gathered from the allusion made to it by our regular Umpqua correspondent, "Ewald," whose interesting letter will be found in another column. The unmistakable murmurings of the people of that section at the inefficient, do-nothing course pursued by the Governor seem to have changed to ridicule at the farcical manner of its close.'
    "I have conversed with various persons in all parts of this county on the subject of the treaty, and with the single exception of our recent Yankee importation 'Ewald,' whom the editor of the Statesman assumed to be the organ of the sentiments of the people of this section, I have never found a man who has not heartily approved of the Governor's course. One sentiment seems to prevail among the whole community, and that is: unqualified approbation of the treaty, and the manner in which it was concluded.
    "'Ewald' in speaking of the reported capture and escape of Lieut. Irvine, says: 'This is a fine comment upon the treaty which was made a few days since.'
    "Comments are commonly understood to follow the thing commented on, but here the order of the two appears to be reversed; as the affair between Lieut. Irvine and the Frenchman occurred (if it occurred at all) on the 4th of July, ten days before the treaty was concluded, and several days before the Indians were informed of our willingness to make peace.
    "The treaty was, as nearly as I recollect, in substance as follows:
    "'Hostilities to cease, and peace faithfully to be observed. The Indians hereafter to be under the exclusive superintendence and protection of the American government and to be bound by the decision of its agents in all disputes that may arise hereafter. All prisoners taken or property stolen by either party to be delivered up, and the whites are at liberty to pass and repass unmolested through the country, and the Indians to be held to a strict accountability for all depredations.'
    "The conduct of the Indians since the treaty was concluded has been such as to give confidence to the belief that they will continue to observe its terms, if they are observed on our part. They are now very friendly, and have not been guilty of a single overt act, not even a theft, since the compact was entered into. Travelers in passing through the country go in small companies, and have universally found it unnecessary to stand guard; and suffer their animals to run loose, unhampered. Several instances have occurred of single persons passing through the whole country alone.
    "I have deemed it no more than justice to Gov. Gaines to give this statement publicly, and trust you will pardon the length to which it is necessarily extended.
Oregon Spectator, Oregon City, September 16, 1851, page 2


    We cut the annexed paragraphs from the Oregonian of Sept. 6th:
    LATE FROM THE MINES.--Several gentlemen who have just arrived from Shasta and Rogue River represent the mines to be yielding a fair compensation to the miner for his labor. The stocks of goods are said to be large, and articles are selling at prices much lower than formerly. The Indians are orderly and friendly; small parties and even single individuals pass and repass through their country with perfect safety.
    The Rogue River treaty made by Gov. Gaines has had a salutary and beneficial effect so far, and is regarded with respect throughout the whole southern borders.
    MILITARY POST.--General Hitchcock, commander-in-chief of the forces on the Pacific coast, has determined to establish a military post at or near Table Rock, on Rogue River.
"From Oregon," Daily Alta California, San Francisco, September 16, 1851, page 2




Hon. Joseph Lane
        Sir
    The treaty with the Rogue River Indians was concluded on the 14th July last. On the 15th July Gov. Gaines left for Oregon City and I was left in charge of a party of 12 men on Rogue River at the request of the Indian agent H. H. Spalding to remain in the country with the Indians until the superintendent or himself should return and make a purchase of the Indian lands. The object of leaving me in the country was to see that the terms of the treaty were observed and to visit all the Indians. This was done thoroughly. And I returned to Oregon City on the 10th Sept. last and on presenting my account to the superintendent, Dr. Dart, he said he had not authorized Mr. Spalding to have a parley etc., consequently would not pay anything etc. Now Dr. Dart was at Oregon City when Govr. Gaines and Mr. Spalding returned this way on the 22nd July. Mr .Spalding made his report to Dr. Dart. And Mr. Spalding wrote me on the 28th day July stating that "Dr. Dart had resolved to meet the Indians about the 15th Sept. at the ferry on Rogue River or at Table Rock and requested I should retain what men I had and notify the Indians of his intention" etc. I done so--visiting all the Indians from the Kenyon on Umpqua to Table Rock on Rogue River, to which proposition the Indians consented.
    On the 14th day of August Dr. Dart dictated a letter to D. D. Bayley stating "if he would go into the Rogue River country and get the Indians to meet him at Port Orford he would pay him $5 per day and make the Indians a present" etc. Mr. Bayley reached Rogue River on the day I had concluded the arrangements with the Indians according to advice of Mr. Spalding. Upon the arrival of Bayley I hastened to Oregon City to see Dr. Dart before he should leave for Port Orford. I succeeded by making the trip in seven days and convinced Dr. D. of the impossibility of taking the Indians on the Coast, they never having been there and knowing nothing of it--besides it is almost an impossible chain of mountains etc. etc. Dr. D. again resolves to meet them in their own country and authorizes Mr. Cary (who is trading there) to say as much to the Indians.
    This, sir, is a brief account of this matter. My object in writing you is to get the use of your kindness and influence to see that the debt credited there (in all only $21.00) to be paid.
    Inasmuch as you are aware the importance of holding a treaty of peace with the Indians at the time Govr. Gaines made it and also the necessity of having a parley with the Indians to see that the terms of the treaty be observed.
    I refer you to Govr. Gaines and Dr. Dart to satisfy you that I done the part assigned me faithfully and satisfactorily to both parties. I was with the Grave Creek Indians near a week and passed amongst them several times they were left perfectly friendly and expressed a disposition to remain so.
    And no well-disposed person can reasonably find fault with living upon terms of peace with those Indians knowing that their country abounds in gold mines and our people spreading over it daily. Long before I left many of the young Indian men had engaged and were working for the miners and were giving satisfaction. And I truly believe a better step could not have been taken than this one by Govr. Gaines.
    Indulging a hope you will honor my present request with your consideration,
N.B. I am quite unwell, which I hope will serve as an excuse for this scrawl. C.M.W.
Joseph Lane Letters


    We were pleased to see, a few days since, the identical Parsons who was said to have been murdered by the Rogue River Indians last spring, and whose death was published by us. He is still worth a dozen dead men, and looks as well now as we ever saw him. His friends will be pleased to learn of his still being among the living.
Oregon Spectator, Oregon City, October 7, 1851, page 2






    We have conversed with several persons direct from the mines; they all concur in their statements relative to the feeling entertained for the whites throughout the entire Rogue River country, except the small roving and marauding band of Grave Creek Indians, with whom no treaty has ever been made, and who are no better than the bears and wolves that roam over the forests. They are a small band consisting of about 40 head. Persons are passing and repassing daily without interruption, and are not compelled to stand guard, save in the neighborhood of the Grave Creeks. This is a very desirable state of things and contrasts very favorably with that that prevailed previous to the making of the treaty. The only dissatisfaction that exists is said to be the failure as to the time on the part of the government to make good the stipulations of the treaty. This has, in a great measure, exhausted their patience. We have no fears but that Mr. Skinner, now on his way thither, will soon render full satisfaction on this source.
Oregon Spectator, Oregon City, October 21, 1851, page 2


    A. A. Skinner, Indian Agent, left for the Rogue River country on Tuesday last, the place assigned for him for future operations. He has gone prepared to make the Indians presents, which, when distributed, will no doubt have a tendency to render permanent the good feeling that now prevails.
    The portion of country assigned E. A. Starling is north of the Columbia River.
Oregon Spectator, Oregon City, October 21, 1851, page 2



        General Lane
    Sir, I take the liberty to address a note to your excellency. I was a resident of Milwaukie O.T. for fourteen months and worked on the steamer Lot Whitcomb built at that place and named after our much lamented friend. Getting the gold fever I took an ox team and started for Scotts River, upon the way we had trouble with the Rogue River Indians, then hostile to the whites. A body of United States mounted men under Col. Kearny followed in our rear, we a party numbering 40 escaped but the troops were attacked and Col. Kearny called for volunteers. Your excellency and Col. Applegate raised a party of volunteers to aid the troops and defeated [the] Indians, taking 33 prisoners with the loss of the brave and noble Capt. John Stuart. The prisoners were delivered over to your excellency's charge and returned to Rogue River Ferry where a treaty was formed with the Indians and set free. I being a volunteer under your excellency and knowing your noble spirit wish to address you to see if I cannot like many others obtain a section of land for services rendered the U.States government under your command. The fever and ague caused me to leave the territory and return to the States but I have often regretted that necessity. I was happy to see your own excellency's name on the list of candidates for the Presidency and hoped there would be no choice by the people that you might stand a chance of election by the House. No such good luck however and they have caught up a man whose only merit seems to be that he has split rails, while the brave old general who has fought battle after battle covering himself with glory and never sheathing his sword except in victory should be voted down, is outrageous.
    If your excellency will answer this letter recognizing my services you will confer a great favor upon your humble servant
Jo Lane Papers.


    Major Philip Kearny had scarcely been transferred from the Atlantic to the Pacific coast when he demonstrated the truth of what has so often been claimed for him, that he seemed destined to shine in whatever he undertook. His summer campaign of 1851, against the Rogue River Indians, was one of the most telling blows ever delivered by our army in this harassing warfare. These savages at that period were the most wicked, most warlike, and most difficult to subdue of all the tribes on our Pacific coast. What rendered them more formidable was the fact that they occupied a district which intercepted all intercourse between Oregon and California; scattered along and across the direct road, north and south, on the banks of the Rogue River, which drains a rugged, mountainous wilderness, and flows as a general thing west and perpendicular to the coast, emptying into the Pacific, twenty miles south of Port Orford, and fifty miles north of Crescent City.
    Much information in regard to this expedition is derived from Major-General Rufus Ingalls, Chief Quartermaster for so many campaigns of the Army of the Potomac. At that time he was stationed at Fort Vancouver, on the Washington shore of the Columbia River, where he fitted out Major Kearny. To use his language, "this handsome campaign opened that country." It has often been commented upon with surprise how Kearny, one-armed as he was, kept his saddle on all occasions, even when the march lay along mountain tracks most dangerous, and often seemingly impracticable for a soldier on horseback, tracks difficult enough for the sure-footed mules. The principal engagement was that of the Table Rock, laid down on the maps as Fort Lane, about midway between Roseburg, north, and Crescent City, south. The former (Roseburg) is the residence of Joe Lane, as he was familiarly styled, then Governor of the Territory, who wrote to Kearny one of the most flattering letters which can reward an officer who has succeeded in solving a difficult and dangerous problem. He gave him the greatest credit for the ability with which he had planned, and the resolution with which he had executed his operations. The fight at the Table Rock was a complete triumph. It awed the savages, pacified the district, and accomplished the great object in view, making the route safe between our farthest northwestern territory and California. On this occasion a very gallant officer fell, Captain Stuart, who passed through the whole Mexican War with distinction, unscathed, to die at the hands of a miserable Indian, shot through the body with an arrow by that savage whom he had rushed forward to save from the just fury of our troops. The torture which preceded his decease must have been terrific, as was testified by his reply to Major Kearny's question, "Stuart, are you suffering much'?" "Suffering! I feel as if a red-hot bar of iron was thrust through my bowels."
    Major Kearny took the greatest pride in the letter which he received from Governor Lane of Oregon in relation to these engagements and their happy results. This letter he exhibited to the writer when next they met with an honest exultation, such as he seldom displayed, as an acknowledgment of his able and brilliant soldiership. This letter, like all the rest of the testimonials which Kearny received from time to time, is no longer to be found. As soon as the present work was projected, a letter was addressed to Governor Lane in the hope that a copy of it might have been preserved by him. The following is the Governor's reply, but it cannot approach the concise elegance with which he expressed his commendation in the original document :
General de Peyster:
    Sir:--I regret my inability to furnish you a copy of the letter you mention in yours of the 21st January, but it affords me pleasure to supply, as well as I can from memory, a brief statement of the conduct, in Oregon, of the late General Kearny, the important results of which induced from myself the merited compliment to which you allude.
    During the summer of 1851 Major Phil Kearny received orders to proceed with two companies of United States Dragoons, Captains Stuart and Walker from Oregon to some point in California. En route, he was informed of a recent attack of the Rogue River Indians, in which they succeeded in killing quite a number of miners, and doing other mischief.
    These Indians were at that time the  most warlike and formidable tribe on the Pacific coast. Never having known defeat, they were exceedingly bold in their depredations upon the miners and settlers, and were the terror of all. Major Kearny determined, if possible, to give them battle, and finally found them, three hundred braves strong, in the occupation of an excellent position. He ordered an attack, and, after a sharp engagement, succeeded in dislodging them, killing, wounding, and capturing fifty or more. It was here that the lamented, brave, and brilliant Stuart fell. The Indians retreated across Rogue River, and feeling that they had not been sufficiently chastised, the Major concluded to pursue them, and, whilst in the prosecution of this purpose, I joined him. He followed until the Indians made a stand quite favorable to themselves on Evans Creek, about thirty miles distant from the scene of their late disaster. Here he again attacked them, killed and wounded a few, and captured about forty, among the latter a very important prisoner in the person of the Great Chief's favorite wife. By means of this capture, and these successes an advantageous peace was obtained. Being an eyewitness, in part, of Kearny's movements and action, I can, with great truth, and do with no less pleasure, bear testimony to his gallantry as a soldier and his ability as an officer. I was then, and still am, sensible of the great good secured to Oregon by his achievements at that particular tune.
        Very respectfully, your obedient servant,
                (Signed)         Joseph Lane.    
Hon L. F. Mosher,
    Dear Sir, Your note of 21st inst. received. I have already given a brief account of the main facts of the Rogue River War of [1851] to Mr. Lang at Jacksonville.
    As the Rogue River Indians had dispersed and their allies returned home before the volunteers under Gen. Lane arrived, no event of historical importance occurred after [omission]. At the time Kearny had his fight Gen. Lane was mining on Althouse Creek, Jo junior being with him. He responded promptly to Kearny's call for help bringing some two hundred or three hundred miners with him. From that time forward in military phrase he was commander in chief to the close of the campaign.
    The country was pretty thoroughly secured and no enemy offering resistance was found. The volunteers surprised a small camp on Evans Creek 20 miles up it, another on Little Butte near its mouth. Of the few men with these camps one or two were killed; the rest escaped. Some 20 or 30 women were captured to be held as hostages for the good behavior of the tribe.
    No one to my knowledge engaged in this affair ever claimed compensation for his services. Gen. Lane and his fellow miners returned to their work. Major Kearny resumed his march to California, taking the prisoners with him to Fort Jones there to be held subject to the Oregon Indian authorities. This is all, except a few anecdotes illustrative of personal character, which Mr. Walling I presume would regard as valueless. Best respects to Mrs. Mosher.
Jo Lane Papers, Reel 8


    T'Vault himself sometime achieved a soldierly title, but how I know not. He was a colonel but not a military colonel. His life was one of the most extraordinary that was ever lived by any Oregonian. I have not the full details of his life in Oregon, and not a word of his previous existence, but subsequent to his coming here in 1845 it was full of adventures and experiences. We find him admitted to the bar at Oregon City, along with Nathan Olney, and appearing as attorney in miscellaneous cases, divorces and such, for there were marriages and dissolutions of marriages in those days. He continued to act as postmaster general and prosecuting attorney for Oregon, but his specialty seems to have consisted in procuring divorces for people. In 1851 T'Vault guided Major Phil Kearny (the hero who fell at Chantilly in the late war), and his command of U.S. troops from Vancouver southward on their way to Benicia, California. This was in the time of the earliest placer gold discoveries in southern Oregon, and the Indians were hostile and trying to kill every white man that entered their country. Captain Stuart was of this force, and was killed in a battle, or, more properly, a skirmish, on the Rogue River near the mouth of Bear Creek. T'Vault next joined Captain Tichenor's expedition to found a city at Port Orford, in Curry County, and within a few days after landing there he set out with eight others, all well armed, to explore a route for travel between the coast and the old Oregon and California trail, some thirty miles inland. The party were out about a week and had a terrible time. They got out of provisions, and although game abounded and still abound in that region, they nearly starved. Getting down on the navigable part of the Coquille River, a long distance off their proper route, they got an Indian to take them in his boat to the mouth of the river. Landing at a native village to procure food, they were set upon by the redskins, and five of them were slain. L. L. Williams and Cyrus Hedden escaped northward, the former with a dreadful wound, and getting to Scottsburg, Williams lay there for several years--seven, I think--before he recovered sufficiently to be removed. Redden took care of and supported him throughout. They were good samples of the hardy adventurer of that period. T'Vault with a companion made his escape, naked and despairingly, and got to Port Orford by the aid of friendly Indians.
"The Spectator," Oregonian, Portland, August 6, 1885, page 4

    EDITOR TIDINGS:--In a late number of your paper, you made inquiry regarding the name of the man who was with Dilley, the packer, at the time he was killed by the Indians near Phoenix in 1851. His name was Virgil Quivy. He emigrated to Oregon in 1850, and traveled in the company with which I crossed the plains that year.
    The two men were traveling alone, with a small pack train loaded with flour, and had camped near where Phoenix is now located, when two Indians were allowed to enter their camp, stealthily got possession of their guns and fired upon them. Dilley was killed but Quivy escaped and made his way to Yreka, then known as Shasta Diggings. A company of miners volunteered to accompany Quivy back to the scene of the murder, but if I am not mistaken, the body of the murdered man had been buried by another company of gold seekers, who had arrived before them.
    I was mining at Yreka at the time, and, to the best of my recollection, the date of the affair was June 13, 1851.
Ashland Tidings, August 9, 1878, page 3