USA > Oregon > Douglas County > History of southern Oregon, comprising Jackson, Josephine, Douglas, Curry and Coos counties, comp. from the most authentic sources > Part 32
USA > Oregon > Jackson County > History of southern Oregon, comprising Jackson, Josephine, Douglas, Curry and Coos counties, comp. from the most authentic sources > Part 32
USA > Oregon > Josephine County > History of southern Oregon, comprising Jackson, Josephine, Douglas, Curry and Coos counties, comp. from the most authentic sources > Part 32
USA > Oregon > Coos County > History of southern Oregon, comprising Jackson, Josephine, Douglas, Curry and Coos counties, comp. from the most authentic sources > Part 32
USA > Oregon > Curry County > History of southern Oregon, comprising Jackson, Josephine, Douglas, Curry and Coos counties, comp. from the most authentic sources > Part 32
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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 Siskiyon 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 Althonse 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 Rogne 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 Anger, Alfred Allen, Michael Bush, James B. Bowers, Gabriel Cooper, Joseph Cooper, William Fountain, Paul Fairelo, 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. MeFarland, 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 Iliatt, James Huggins, Charles B. Houser, David Hicks, Samuel Ilicks, 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 MeRae, 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 Angust 11; discharged - - - Captain, Jas. P. Goodall; First Lieutenant, Simeon Ely; Second Lientenants, 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, - MeGonigle, 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 Angust
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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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nel at one end, which served as a chimney. There was no house or settlement within ten or twelve miles or more of it. There I found Captain J. K. Lamerick in com- mand of a company of volunteers. It seems he had been sent there by General Lane after the fight at Battle creek, on account of the murder of some Indians there, of which he and others gave me the following account:
Bates and some others had induced a small party of peaceable Indians who be- longed in that vicinity to enter into an engagement to remain at peace with the whites during the war which was going on at some distance from them, and by way of ratifi- cation to this treaty, invited them to partake of a feast in an unoccupied log house just across the road from the 'Bates House;' and while they were partaking, unarmed, of this proffered hospitality, the door was suddenly fastened upon them, and they were deliberately shot down through the cracks between the logs by their treacherous hosts. Near by, and probably a quarter of a mile this side of the creek, I was shown a large, round hole into which the bodies of these murdered Indians had been unceremoniously tumbled. I did not see them, for they were covered with fresh earth."
Some miners from Sailor Diggings attacked a rancheria on Illinois river or Deer creek, as the accounts go, and killed two of the seven male Indians present. The others hastily seized their bows and arrows, and began a lively resistance. Two white men were hit, which so discouraged the others that they ran away. The act of aggres- sion was severely denounced by other people, and the term "desperado" was applied to the perpetrators. Agent Culver was sent for to investigate matters, but it is not known that the guilty parties were ever brought to justice; indeed, there is a certain presumption that they were not.
An incident bearing somewhat upon this question is worthy of mention, though it occurred somewhat outside of the region supposed to be covered by the Lane treaty. On January 28, 1854, a small party of armed men from the Randolph mines, in Coos county, went to a rancheria, attacked the Indians and killed fifteen, as far as is known, without provocation. Two squaws were shot dead, one with her babe in her arms. The next day the miners passed a law providing that whosoever should sell or give any gun, rifle or pistol to Indians, should for the first offense receive thirty-nine lashes, and for the second offense should suffer death. Meeting considerable adverse criticism for their attack upon the helpless and unarmed creatures at the rancheria, these men next proceeded to hold a meeting and pass resolutions, one maintaining that the Indians at the time were on the eve of an outbreak, and another congratulating themselves on their bravery! The whole absurd proceedings are contained in a letter written by one of the assailants to the Oregon Statesman of contemporary date, and in the report of the Bureau of Indian Affairs for 1854, within which may be found letters from F. M. Smith, agent at Port Orford, and G. H. Abbott, leader of the attacking force of miners.
It does not require the thorough investigation to which the records of these events have been subjected by the writer, to determine conclusively that while the whites as a class were content with the treaty and obedient to its provisos, there was a considerable minority who lost no opportunity to manifest their contempt of the instrument and their disregard of its obligations. Nor were the Indians idle. As soon as the report of the killings at Grave creek, at Applegate and other places, had been bruited abroad, and the natives had become convinced that they were individually in as much danger
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as before the treaty, they began reprisals. They committed atrocities that were not exceeded in bloodthirstiness by those at whom they were aimed. A few days after the battle of Evans' creek Thomas Frizzell and Mungo were murdered by Indians on Rogue river, below Vannoy's. It seems that Frizzell owned a ferry in that locality, which he was constrained to leave at the commencement of hostilities. He joined Owens' company, of which he was chosen first lieutenant. On the day mentioned, he went home to examine into the condition of things, being accompanied by Mungo, a private of his company. On returning they arrived within two miles of Vannoy's, when they were fired on by concealed Indians, and Frizzell was instantly killed. Mungo, wounded, took refuge in a thicket and with his rifle kept the enemy at bay for hours until a relief party came to his aid. He was carried to Vannoy's, but died on arriving there. These men were said to have been killed in retaliation for the massacre of the Indians at Bates' house, but this assertion, of course, does not admit of proof. The same day (August twenty-eighth), the savages burned the house of Raymond, at Jump- off-Joe creek, as well as two others in the vicinity.
These disturbances were chiefly confined to Josephine county and the western part of Jackson county ; or to speak more specifically, to the Grave creek, Applegate creek, Illinois river and Althouse creek country.
About the twelfth of September, 1853, there occurred a catastrophe of some note several miles below Deer creek bar. Two prospectors, Tedford and Rouse, were attacked by Illinois Indians, peaceable until that time, and both injured very severely. Rouse was cut in the face, and Tedford was shot in the left arm, shattering the bone. The men were alone at the time, but were speedily found by neighboring miners and carried to a place of safety. Tedford's injuries were mortal; he died within a week. This, and some slighter injuries perpetrated the same day on other parties, were the first hostile acts of the Illinois Indians, who until then had shown a tolerably peaceful disposition. This was in the absence of nearly all the fighting portion of the white community, who were with Captain Williams on the Rogue river. On their return a party was made up to pursue certain Indians who had stolen some property from the Hunter brothers, including quite a number of mules. The thieves were followed for three days, over rough mountains, across ereeks and through jungles, and at last traced to an Indian village on Illinois river. This was attacked by the pursuers, and several Indians were killed ; but the whites had ultimately to retire, Alex. Watts being slightly wounded in the attack. The regular troops shortly after occupied this village, after killing several of its inhabitants and driving the rest away. On their return to headquarters the Indians followed them, and killed Sergeant Day, wounded Private King, and re-took sixteen stolen animals. Lieutenants Radford and Carter were in charge of the expedition, having been sent by Captain Smith, on the seven- teenth of October, from Fort Lane, and the action took place on the twenty-fourth of the same month. It has always been supposed that the malcontents spoken of were Coast Indians, from the vicinity of Chetco. At any rate they were no triflers, as the whites found to their cost. On the twenty-sixth the miners again assembled, to the number of thirty-five, to make another descent upon the same camp, when the Indians' scouts discovered them and received them with unexpected warmth. William Hunter was wounded by three bullets, not seriously, and the party returned to their respective
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homes without carrying out their projected annihilation of the hostile camp. Michael Bushey was of the number, and through his exertions a treaty of peace and amity was entered into between the miners and the Indians of that rancheria. The Indians ob- served the treaty faithfully enough, but the whites were not so honorable. It has been mentioned how certain whites from Sailor Diggings attempted to " make good Indians" of seven " bucks" at a certain rancheria, but were driven off ignominiously. These Indians were the survivors of those who slew Sergeant Day, and foiled Bushey and his party. They were now living in quietness on Deer creek, when attacked by the party from Sailor Diggings, who were said to have numbered twenty. Again Bushey, with Alex. Watts, patched up a treaty with them which existed until 1855, when cer- tain events on the lower Klamath river, in which these Indians were implicated, sundered those pleasant relations.
On Applegate creek, September 2, four houses were burned by Indians, and their contents destroyed. At about the same date, or possibly a little later, a pack-train coming from Crescent City was fired upon and the three Mexicans who drove, were wounded, three mules were killed and all the merchandise captured by Indians. This closes the list of outrages perpetrated in that part of the country subsequent to the treaty, and the subject uow leads us to consider the state of affairs on Rogue river.
General Lane left for the north on or about October, 1853. But before taking leave of the people of the valley, he made a visit to Tipsu Tyee, hoping in the interests of peace, to induce that much feared warrior to join the Rogue River chieftains in amity to the whites. Tipsu had not made himself felt in the recent hostilities probably for reasons already set forth, but as if still further to signalize his independence of both white and Indian influence, he sent word to Jacksonville that he did not recognize the peace of September 10, and should not by any means subscribe to its terms. As for Sam, Joe, George, Limpy and the rest, they might do as they chose ; he was upon his own land, came upon it first, and should remain upon it. This message presented a new difficulty. It seemed to the people and to the Indian agents alike, that Tipsu Tyee needed to be put down. His outbreak of insolence ought to be punished. But to pun- ish such an Indian as the wily old Tyee was an undertaking of considerable difficulty, and very few were ready to attempt it. The chief staid in his lair, and General Lane, who to great fighting qualities added a heart that was capable of feeling for even the most savage of God's creatures, paid him a visit in the interests of peace and humanity. Accompanied by two men only, he went into the mountains, found the chief, and entered upon an agreement with him by which the rights of the settlers were to be respected and grievances to be settled satisfactorily ; and having taken leave of his host, returned safely from a journey which most men regarded as infinitely dangerous.
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