History of Benton County, Oregon, Part 36

Author: David D. Fagan
Publication date: 1885
Publisher:
Number of Pages:

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As soon as the terms of the armistice were arranged, the troops took up their march homeward and went into camp at Hailey's (Bybee's) ferry, giving the location the name of Camp Alden, in honor of the gallant Major.

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CHAPTER XXVI.

THE LANE TREATY OF PEACE AND CONCLUDING EVENTS OF 1853.

Arrival of Reinforcements-The Army at Camp Alden-An Incident-The Council at Table Rock-The Treaty of Peace Signed-Cession of the Indians' Lands-Muster-Rolls of Certain Companies-List of the Killed and Wounded-Public Sentiment Concerning the Treaty-Ill-Faith of Certain Whites-Tragedy at Bates' House-Affairs on Illinois River-Cruelty of the Miners at Randolph-Indian Atrocities -- Murder of Frizzell and Mungo-War on Deer Creek- General Lane Visits Tipsu Tyee-Military Affairs-Fort Lane Begun- Murder of Kyle-Expedition to the Modoc Country-The United States Pays the War Debt.

Reinforcements began to arrive from various quarters by the time the forces returned to the valley. Ettlinger had faithfully performed his duty, and presented the governor with memorials from citizens and officials of Jacksonville and vicinity, which set forth the dangerous condition of affairs and appealed for help. Among other things a howitzer was asked for, and this request was referred by the governor to the authorities at Fort Vancouver, who sent the weapon with a supply of ammuni- tion, forty muskets with accoutrements, 4,000 cartridges, and some other articles. Lieutenant Kautz, since general, was sent in charge of the howitzer, with seven experi- enced men. Acting Governor Curry made proclamation for an armed guard of citizen volunteers to accompany the Lieutenant and his charge. In obedience to the call forty- one men volunteered, and led by J. W. Nesmith, with Lafayette Grover as lieutenant, hastened to the scene of hostilities. Lieutenant Grover went in advance with twenty men, and was joined at South Umpqua, on September first, by Judge M. P. Deady, who was on his way to Jacksonville to hold court. The next night they stopped at. Levens' station, and a day or two later came to Table Rock, too late to be of service, but in time to assist at the peace talk. Joel Palmer, superintendent of Indian affairs in Oregon, and Samuel H. Culver, government Indian agent, successor of Judge Skin- ner, who had resigned his charge, also arrived. From Port Orford came Captain A. J. Smith, with his company of the first dragoons, sixty men in uniform, an imposing and unfamiliar sight to the people of the valley. These had slowly and laboriously toiled through devious trails, over fallen trees and through the almost impenetrable wildwood tangles along Rogue river to where their assistance might be needed, but only to find their services useless, unless it was to awe the haughty savage whose heart. was yet divided in its councils. Owing to Palmer's failure to arrive at the time ap- pointed, the peace talk was postponed until September tenth. Meantime the volunteers lay about headquarters talking over occurrences of the past fortnight and speculating upon those to come. They were 400 strong, and had little need to fear the results of future deliberations. Besides, Smith and Kautz were at hand and the former's sabres and the latter's twelve-pound howitzer with its shells, spherical case shot and cannister, would soon make short work of the comparatively defenseless aborigines.

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The latter, too, talked and thought of the new dispensation of affairs, and looked with wonder and awe upon such preparations for their injury, and begged General Lane- " Tyee Joe Lane "-not to have the hy-as rifle fired, which took " a hat-full of powder and would shoot a tree down."

The inevitable war correspondent was abroad, even in that day, and under the title of "Socks " wrote to the Statesman of his visit to headquarters :

"Never having seen General Lane my curiosity prompted me to visit his camp day before yesterday. Having seen generals in the States togged out in epaulets, gold lace, cocked hats and long, shining swords, I expected to find something of the kind at headquarters. But fancy my surprise on being introduced to a robust, good-looking middle-aged man, with his right arm in a sling, the shirt sleeve slit open and dangling bloody from his shoulder, his legs incased in an old pair of gray breeches that looked like those worn by General Scott when he was exposed to the 'fire in the rear.' One end of them was supported by a buckskin strap, in place of a suspender, while one of the legs rested upon the remains of an old boot. His head was ornamented by a for- age cap that from its appearance recalled remembrance of Braddock's defeat. This composed the uniform of the hero 'who never surrenders.'

"The 'quarters' were in keeping with the garb of the occupant; it being a rough log cabin about sixteen feet square, with a hole in one side for a door, and destitute of floor and chimney. In one corner lay a pile of sacks filled with provisions for the troops, in another a stack of guns of all sizes, from the old French musket down to the fancy silver-mounted sporting rifle, while in a third set a camp kettle, a frying-pan, a coffee pot minus the spout, a dozen tin cups, four pack saddles, a dirty shirt and a moccasin. The fourth corner was occupied by a pair of blankets said to be the gen- eral's bed ; and on a projecting puncheon lay ammunition for the stomach in the shape of a chunk of raw beef and a wad of dough. In the center of the 'quarters' was a space about four feet square for the accommodation of guests. Such being the luxuries of a general's quarters you may judge how privates have fared in this war."

A pleasant incident of the stay at Camp Alden was the flag presentation. The ladies of Yreka had decided to honor the braves of that locality who had so promptly volunteered in defense of their neighbors across the line, and had prepared flags and sent them through Dr. Gatliff to Camp Alden. The doctor gave them to General Lane, and a ceremony was arranged for the afternoon of September first. The two companies of Rhoades and Goodall, escorted by Terry's Crescent City Guards (an independent organization which volunteered to fight Indians, but performed no service owing to the abrupt close of the war), were marched up, and with appropriate words the General presented the banners.

On the tenth of September the leaders of opposing races met at the appointed place on the side of Table Rock and discussed and agreed upon terms of peace. The occasion was a remarkable one; and brought together many remarkable individuals. Many of those who were eye-witnesses of the "peace-talk" still live, and several have attained to honor and distinction. From the pens of two of these we have life-like and intelligible accounts of that meeting which was in some respects the most remark- able occurence that ever took place in Southern Oregon. Judge M. P. Deady wrote concerning it :

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"The scene of this famous 'peace talk' between Joseph Lane and Indian Joseph- two men who had so lately met in mortal combat-was worthy of the pen of Sir Walter Scott and the pencil of Salvator Ross. It was on a narrow bench of a long, gently-sloping hill lying over against the noted bluff called Table Rock. The ground was thinly coverd with majestic old pines and rugged oaks, with here and there a clump of green oak bushes. About a half mile above the bright mountain stream that threaded the narrow valley below sat the two chiefs in council. Lane was in fatigue dress, the arm which was wounded at Buena Vista in a sling from a fresh bullet wound received at Battle creek. Indian Joseph, tall, grave and self-possessed, wore a long black robe over his ordinary dress. By his side sat Mary, his favorite child and faithful compan- ion, then a comparatively handsome young woman, unstained with the vices of civiliza- tion. Around these sat on the grass Captain A. J. Smith-now General Smith of St. Louis-whohad just arrived from Port Orford with his company of the First Dragoons; Captain Alvord, then engaged in the construction of a military road through the Umpqua canyon and since paymaster of the U. S. A .; Colonel Bill Martin of Umpqua, Colonel John E. Ross of Jacksonville and a few others. A short distance above us on the hillside were some hundreds of dusky warriors in fighting gear, reclining quietly on the ground.

"The day was beautiful. To the east of us rose abruptly Table Rock and at its base stood Smith's dragoons, waiting anxiously with hand on horse the issue of this attempt to make peace without their aid. After a proposition was discussed and settled between the two chiefs, the Indian would rise up and communicate the matter to a huge warrior who reclined at the foot of a tree quite near us. Then the latter rose up and communicated the matter to the host above him, and they belabored it back and forth with many voices. Then the warrior communicated the thought of the multitude on the subject back to his chief; and so the discussion went on until an understanding was finally reached. Then we separated-the Indians going back to their mountain retreat, and the whites to the camp."

J. W. Nesmith, who was present and quite prominent at the treaty, has left some additional particulars of interest. He says :

" Early in the morning of the tenth of September, we rode toward the Indian encampment. Our party consisted of the following persons: General Lane, Joel Palmer, Samuel Culver, Captain A. J. Smith, 1st Dragoons; Captain L. F. Mosher, adjutant ; Colonel John Ross, Captain J. W. Nesmith, Lieutenant A. V. Kautz, R. B. Metcalf, J. D. Mason, T. T. Tierney. After riding a couple of miles we came to where it was too steep for horses to ascend, and dismounting, we proceeded on foot. Half a mile of scrambling over rocks and through brush brought us into the Indians' stronghold, just under the perpendicular cliff of Table Rock where were gathered hundreds of fierce and well armed savages. The business of the treaty began at once. Much time was lost in translating and re-translating and it was not until late in the afternoon that our labors were completed. About the middle of the afternoon an Indian runner arrived, bringing intelligence of the murder of an Indian on Applegate creek. He said that a company of whites under Captain Owens had that morning captured Jim Taylor, a young chief, tied him to a tree and shot him to death. This news caused the greatest confusion among the Indians, and it seemed for a time as if they were about to attack

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General Lane's party. The General addressed the Indians, telling them that Owens who had violated the armistice was a bad man, and not one of his soldiers. He added considerable more of a sort to placate the Indians, and finally the matter of 'Jim's' death was settled by the whites agreeing to pay damages therefor in shirts and blankets."

The treaty of peace of September 10, 1855, contained the following provisions : Article 1 defines the boundaries of the lands occupied by the Rogue River and related tribes. The principal geographical points mentioned as lying upon these boun- daries are, the mouth of Applegate creek, the summit of the Siskiyou mountains at Pilot Rock, the Snowy Butte (Mount Pitt), and a point near the intersection of the Oregon road near Jump-off-Joe creek. All Indians within these limits were to main- tain peace with the whites, restore stolen property, and deliver up any of their number who might infringe the articles of the treaty. The second article provides that the tribes should permanently reside on a reservation to be set apart. According to article three they were to surrender all fire-arms except fourteen pieces, which were reserved for hunting. According to article 4, when the Indians received pay for their surren- dered lands, a sum not exceeding $15,000 was to be set aside to pay for whatever dam- ages they had caused. By article 5, they were to forfeit their annuites if they again made war. In article 6 they agree to inform the agent if hostile tribes entered the reser- vation.

A supplemental treaty regarding the sale of the Indians' lands, was entered into on the same day. By it they ceded to the United States government all their right to the lands lying within these boundaries : Commencing at a point on Rogue river below the mouth of Applegate creek, thence southerly to the divide between Applegate and Althouse creeks ; thence along the divide to the summit of the Siskiyou moun- tains ; thence easterly to Pilot Rock ; thence to the summit of Mount Pitt; thence to Rogue river ; thence westerly to Jump-off-Joe creek ; thence to place of beginning.

The Indians were to occupy temporarily a reservation on Evans' creek, west and north of Table Rock, until another residence was found for them.

In consideration for the transfer of their rights, the agents agreed to pay the Indians sixty thousand dollars ; of which fifteen thousand were to be retained as pro- vided in the treaty of peace .. The damages caused by the Indians were to be estimated by three disinterested persons. Five thousand dollars were to be expended in pur- chasing blankets, clothing, agricultural implements, and other desirable and necessary articles. The remaining forty thousand dollars were to be paid in sixteen annual payments of live stock, blankets, necessaries of life, etc. Three dwelling houses, one for each of the principal chiefs, were to be erected, at a cost of not more than five hun- dred dollars each. The remaining provisos relate to the non-molestation of the whites passing through the reservation ; to the referral of grievances to the resident Indian agent ; to the discovery of thefts, murders, etc. ; and to the ratification of the treaty by the president, at which time it would take effect. The treaty for the cession of lands bore the signatures of Joel Palmer, Samuel H. Culver, Joe Aps-er-ka-har, Sam To- qua-he-ar, Jim Ana-cha-ara, John, and Limpy.

Here follow the names and organizations of those who took part in the war of 1853. No apology is needed for inserting them. They are the names of men who gave their services for the defense of their fellow beings, and to many of whom

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the thanks and gratitude of this later generation is due. It is a regrettable circum- stance that the muster-rolls of all the companies which were formed cannot be obtained. The missing ones are those of Terry's Crescent City Guards, Rhoades' Humbug Creek Volunteers, and Goodall's Yreka Volunteers. Of the latter a partial list is given from memory by their captain.

ALTHOUSE MOUNTED VOLUNTEERS .- Mustered in August 24, 1853; discharged September 21, 1853-Captain, Robert L.Williams; First Lieutenant, John W. Burke ; Second Lieutenant, William Mendenhall ; Corporal, William T. Ross ; Privates, Isaac Auger, Alfred Allen, Michael Bush, James B. Bowers, Gabriel Cooper, Joseph Cooper, William Fountain, Paul Fairclo, James Jordan, John Makin, William A. Moore, William McMahon, William Mitchell, Peter H. Peveler, Thomas Phillips, Jackson Rader, Vinson S. Ricketts, Robert Shaw, Alex. St. Gilles, William Shelley, Christopher Shelley, Harry Spurgeon, John Spurgeon, William Shin, Z. A. Triplett, Christopher Taylor, Robert G. Worthington.

LAMERICK's COMPANY .- Mustered August 7, 1853; discharged September 10, 1853-Captain, John K. Lamerick ; First Lieutenant, John W. Babcox ; Second Lieutenants, Anthony Little, William Hunter, Henry Green ; Sergeant, S. B. Fargo ; Corporal, John Swinden ; Privates, Isaac Adams, G. H. Ambrose, Nicholas Belcher, John Benjamin, R. E. Bondevant, E. H. Blanchard, David Crockett, John Creighton, William Chase, William Crogey, Joseph Copeland, Vincent Davis, E. Downing, Wil- liam Ewing, T. E. Estes, C. C. Gall, S. Gall, J. F. Hedrick, John W. Hillman, George Hillman, I. A. Hull, John R. Harding, G. H. Hazlett, W. B. Howe, Robert Hill, D. C. Ingles, James T. Jones, A. J. Kane, Henry Klippel, John Lancaster, Law- rence LaPointe, Levi Libby, John Milligan, Roderick McLeod, Malcolm McKay, J. W. Patrick, Alonzo Price, A. Russell, Solomon Rader, William R. Rose, J. R. Reynolds, William M. Sevens, Peter Snelback, S. B. Sarles, S. R. Senor, William G. T'Vault, David Thompson, Gustaf Wilson, Thomas Wilson, J. B. Wagner, Charles Williams, T. B. Willard, H. N. Winslow.

MILLER'S COMPANY .- Mustered in August 8, 1853; discharged November 2, 1853 .- Captain, John F. Miller; First Lieutenant, Burrell B. Griffin; Second Lieu- tenants, Abel George, Alfred Waterman; Sergeants, Claes Westfeldt, J. C. McFarland, William Hiatt, James Mattony; Corporals, A. J. Mattoon, Andrew Herron, James King, Payton W. Cook; Farrier, William Hill; Privates, Benjamin Armstrong, Jesse Adams, Moses Adams, George Anderson, Thornton Anderson, Benjamin Antram, Richard Barker, Richard Benson, James Bailey, Henry Brown, Moses Bellinger, D. Bates, John Bland, David Brown, Daniel Carlysle, Daniel F. Counsel, David D. Cal- houn, Hugh C. Clawson, William Duke, Martin Elliott, Kela Farrington, Carter L. Fuller, Francis Garnett, Lewis D. Gibson, William M. Griffin, Thomas Gill, Thomas Guthrie, William Gee, John B. Hice, Lewis Hiatt, Jesse Hiatt, James Huggins, Charles B. Houser, David Hicks, Samuel Hicks, Abraham G. Hedden, Martin Hoover, N. Hulz, Thomas Inman, Charles Johnson, William Johnson, David C. Jamison, Thomas B. Jackson, Lycurgus Jackson, Isham P. Jones, J. T. Jones, John Layton, George Ludlow, Hugh Lyle, Jacob Long, Elijah Leasure, William Lippard, William P. Miller, Isaac Miller, John S. Miller, Green Matthews, William J. Morrison, Samuel Moore, John T. Moxley, John Meader, Elijah McCall, John McCombs, David McRae, 30

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Andrew McNeal, Thomas McF. Patton, Cornelius Napp, Joshua Noland, John Orton, John Osborne, Henry Patterson, Sylvester Pease, Robert Parker, R. Pearce, Alonzo Pattee, Christian Peterson, David Redpath, Abraham Robinson, Josiah Register, E. Ransom, Edward Smith, James F. Stewart, John Shorkman, Enoch Springer, William M. Shaffer, James Stephens, Oscar T. Sandford, Thomas I. Sutton, John Thurber, Henry C. Turner, James Toabeler, Titus B. Willard, J. Wilkes, C. L. Wilcox, Alex- ander Williamson, Charles Wright, Charles Wright (Indian), Washington Waters, J. Willis, Elijah Williams, Samuel Williams, Samuel Wilkes.

HALSTEAD MOUNTED VOLUNTEERS .- Mustered in August 21, 1853; discharged September 14, 1853-Captain, Elias A. Owens; First Lieutenants, Benjamin Halstead, Thomas Frizzell; Second Lieutenant, Silas Crandle; Sergeant, William B. Lewis ; Pri- vates, A. Allen, Sherlock M. Abrams, Charles Bushman, N. C. Boatman, Samuel S. Bowden, Louis Dernois, Joseph Despar, Robt. M. Denton, Jas. P. Frizzell, John Frizzell, John Green, Silas R. Howe, William S. Hamock, Albert P. Hodges, William Johnson, Henry Kelly, William King, James Lafferty, John Lynch, Alexander McCloy, James Mungo, J. W. Pickett, Robert L. Smith, David Sexton, Joseph Umpqua.

YREKA VOLUNTEERS .- Mustered August 11; discharged - - - Captain, Jas. P. Goodall; First Lieutenant, Simeon Ely; Second Lieutenants, Philyar A. Bodwell, Geo. W. Tyler ; Sergeants, John W. Fairchild, Joseph G. Barber, James Thomas, Frank Perry; Corporal, Mike Brown; Privates, John Alban, Kilian Albert, Charles Abbe, Asa Colburn, Carl Vogt, William Neff, Isham P. Keith, Alfred Douglass, John Scar- borough, James Bradley, James Bruce, John W. Crowell, Philip Edwards, William Terrill, - McGonigle, Christopher Shack, Henry Flesher, William Lewis, Joseph Gaunyau, Robert Neal, James Carroll, Charles A. Johnson, James T. Hurd, Albert M. Price, John W. Cawood, Charles Lacey, D. V. Ellington, George Charles, J. D. Carly.

NESMITH'S COMPANY .- Eulisted in the Willamette valley, in compliance with the Governor's proclamation-Captain, J. W. Nesmith; First Lieutenant, L. F. Grover; Second Lieutenant, W. K. Beale; Surgeon, J. D. McCurdy; Sergeant, J. M. Crooks; Privates, Samuel B. Gregg, Ben. McCormack, Jas. Gay, H. S. Young, James Pritchett, R. Woodfin, Francis A. Haynes, S. T. Burch, J. Fortune, G. H. McQueen, F. M. P. Goff, W. E. Clark, J.W. Jones, R. C. Hague, J. A. Millard, Samuel E. Darnes, Wm. Beale, Samuel Abbott, Jas. S. Rose, James M. Baldwin, Z. Griffin, J. Jones, Thos. W. Beale, A. A. Engles, James Stanley, George W. Cady, John McAllister, R. C. Breeding, N. F. Herren, John Ragsdale, David Kirkpatrick, Wilson Blake, Horace Dougherty, James Daniel, J. M. Case, J. W. Toms.

HOSPITAL ATTACHES .- In the military hospital at Jacksonville, in 1853, E. H. Cleavland, as surgeon and medical director, was in charge, assisted by eleven attaches -R. A. Caldwell, C. Davenport, Thomas Gregory, W. W. Hanway, George Hillman, J. B. Hice, John Inman, James S. Lowery, Francis Peirce, J. B. Shepley, and B. W. Woodruff. These men served various terms, ranging from sixteen to sixty-three days, for which they received pay at the rate of five dollars per day and rations.

LIST OF KILLED AND WOUNDED .- On Applegate creek, August 8, George Anderson wounded, and on the following day B. B. Griffin, first lieutenant in the same company (Miller's), wounded, and Francis Garnett, private, killed; on August

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10, while on detached service, John R. Harding and William R. Rose, privates, Lamerick's company, killed; on August 17, at Little Meadows, Sergeant Frank Perry and Privates Asa Colburn, Alfred Douglass, Isham P. Keith, William Neff and L. Stockting killed or mortally wounded, and First Lieutenant Simeon Ely and Privates Zebulon Sheets, John Alban and James Carroll severely wounded, all belonging to Goodall's company; on the twenty-fourth of August, at Battle creek, Private Thomas Hays of Rhoades' company, and Henry Flesher and Charles Abbe of Goodall's com- pany were wounded, the latter dying of his wounds on the second of September, and John Scarborough, private of Goodall's company, was killed; August 28, at Long's Ferry, First Lieutenant Thomas Frizzell and Private James Mungo (Indian), were killed in battle; September 14, Thomas Phillips, private in Williams' company, was killed by the Indians on Applegate creek; on October 4 occurred the last casualty of the war, in the wounding with arrows of Private William Duke, of Miller's company.

When General Lane and his officers made the treaty with Joe and his people, there were many persons who in a subdued manner opposed it, and prognosticated its utter failure. These people were of the sort who in the earlier days of August had said: "Hang the Indian children; they will grow up to be our enemies." They urged a war of extermination; humanity's dictates were too refined to be applied to cases wherein Indians were concerned. This class, while they affected to deplore the horrible massacres of whites, still did their utmost to rouse the Indians to other deeds of like savagery, by inflicting on them unprovoked acts which really brave and merci- ful people abhor. It is a fact that after the Lane treaty was signed, its provisions were repeatedly broken by whites, who deliberately murdered unsuspecting and helpless Indians. Chief Joe, whom none of his white contemporaries suspected of falsehood, said at the Lane peace conference that he did not begin war nor seek to retaliate until fourteen of his tribe had been shot or hung by the whites. Least these remarks should be misunderstood, the reader is informed that they apply only to that irresponsible ele- ment in the population which had but little respect for law and justice, and not to that great body of respectable and law abiding citizens who cast their lot in Southern Oregon, and by thirty years of industry have made it what it is to-day.

During the armistice and subsequent to the signing of the treaty, the class of ex- terminators alluded to kept up their efforts to kill off as many Indians as they could, regardless of any moral restriction whatever. Revenge was the motto, and these men lived up to it. Not half of the outrages which were perpetrated on Indians were ever heard of through newspapers; yet there are the accounts of several, and these are of a most cold-blooded description. We will allude lightly to a few examples. Captain Bob Williams, stationed with his company on the banks of Rogue river, during the armistice was not too brave and magnanimous to attempt to kill two children, the sons of Chief Joe; but General Lane with the utmost haste ordered his removal from the locality to another, where there would be less opportunity for the exercise of his pro- pensities. We have the evidence of no less an authority than Judge Deady to prove that a fearful outrage was perpetrated at Grave creek after the armistice was agreed upon. He writes : "At Grave creek I stopped to feed my horse and get something to eat. There was a house there, called the 'Bates House,' after the man who kept it. It was a rough, wooden structure without a floor, and had an immense clapboard fun-

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History of Benton County, Oregon, Part 36

Author: David D. Fagan Publication date: 1885 Publisher: Number of Pages:

Author: David D. Fagan
Publication date: 1885
Publisher:
Number of Pages: