Capt. Stuart is reported to have said before he expired, "It is too bad, after fighting six battles in Mexico, to be killed here by an Indian."
Savannah Republican, Georgia, August 28, 1851, page 2


    We have received intelligence that an encounter was had with the Rogue River Indians by a detachment of 30 U.S. troops, on the 18th of June, in Rogue River Valley, near Table Rock. Capt. Stuart was shot through with an arrow, and lived 24 hours after recovering [sic] the wound. His dying words to his comrades were: "It is too hard, after fighting six hard battles in Mexico, to be killed by an Indian." Two Americans were slightly wounded. There were 100 Indians in the battle, and 17 were left dead on the field.
    It is said that there are more than 1000 warriors there who are hostile. Five hundred volunteers are expected from the mines to fight them. Gov. Gaines has a party of 12 men, and Gen. Lane another one of 30, pushing on to the scene of danger. The Indian chief is reported to be very intelligent, and told the Americans that he could keep the air filled with 1000 arrows if he chose. We apprehend serious difficulty before the affair is settled. The best mode, in our opinion, is to subdue them, and the quicker the better. The Rogue River Indians are hostile the whole length of that river, and it is not safe to travel among them. The miners are represented as doing tolerably well--though few large strikes are made.
Oregon Weekly Times, Portland, July 3, 1851, page 2


    FROM ROGUE RIVER--DEATH OF CAPT. STUART OF THE RIFLE REGIMENT.--Mr. Edward Gallagher, who left the Klamath two weeks ago, arrived in this city yesterday, and brings much later advices from that part of the country than have been received by the way of Oregon. He informs us that two weeks from last Tuesday Capt. Stuart, of the rifle regiment, was shot in the side by an arrow, and died the next day. Mayor Kearny, in command of a company of 80 men, with 25 pack mules, had just arrived at Rogue River. While the forces were coming round the mountain in two detachments, Capt. Stuart, with a party of thirty men, were fired upon near Long's Ferry. Three or four of his men besides himself were wounded, but not fatally. A large number of volunteers would be raised immediately from the Shasta mines and vicinity, to act against the Indians in the neighborhood of Rogue River.--Times and Transcript.
San Joaquin Republican, Stockton, California, July 16, 1851, page 3


    Dear Sir:--Frequently, since I left Portland, have I thought of your request that I should keep you informed of any events of interest that might occur during our march to California; and though until very recently everything has passed off very quietly, I have desired to send you descriptions of the different parts of the country we passed over, not only on account of their beauty and resources, but because the information might have been valuable to such of your acquaintances as were about starting for the mines in this vicinity. Up to this time, however,  my duties have occupied so much of my time that I have had no leisure for letter writing.
    We left Portland, as you remember, on the 29th ult., with about 80 soldiers of the Regiment of Mounted Riflemen, who were going to California to fill up the Dragoon companies stationed there. Maj. Kearny of the 1st Dragoons was in command, and Capts. Walker and Stuart and Lieut. Irvine of the Rifles. Dr. Edgar of the Medical Department and Lieut. Williamson of the Topographical Engineers were the officers accompanying him. The recent rains has made the road exceedingly bad, and it was with the greatest difficulty our wagons passed over them. However, we made our way through the beautiful valley of the Willamette; crossed Calapooia Mountains, and reached Applegate's, on Elk Creek, on the 7th June. From all the trains coming from the southward that we had passed we had heard very discouraging accounts of the difficulty of passing "the canyon," as it is called--a pass through the Umpqua Mountains. Our guide being of the opinion that the canyon might be avoided by crossing the mountains some 20 miles to the eastward, Major Kearny was inclined to follow this route, and sent a party in advance to examine. Messrs. Applegate and Scott, prominent citizens of this section of the country, influenced by a desire of finding a route preferable to the one usually followed, consented to accompany us. The road from Applegate's passes to the southward about 50 miles, when it crosses the south branch of the Umpqua River and enters the canyon, the distance through which is called twelve miles, then following a tortuous course over steep hills forty miles, it strikes Rogue River, which it follows up, inclining to the eastward. The plan was to pass eastward of the South Umpqua, and then crossing the mountains in a southeasterly direction, to get into a large plain, the valley of Rogue River, striking that river high up. As Rogue River and the Umpqua were known to approach each other near their sources, it was hoped the distance over the mountain range between them would not be great, and if a good pass were found, the road to California would not only be greatly improved, but shortened. As we passed towards the canyon, we began to hear reports of Indian outrages having been recently committed, and upon arriving at Knott's settlement, at the south of the canyon, we found considerable excitement prevailing. The ferryman at Rogue River had been obliged to desert the ferry, and many Americans were waiting at Knott's to accumulate a sufficient force to pass onward in safety. Hearing of the approach of the troops, three men in conjunction with the residents drew up a petition which they presented to Major K., asking him to use his command to quiet the country. In this new state of affairs, the major determined to follow the new route at all hazards, hoping by this means to get, undiscovered, in rear of the Indians. Therefore, sending the main provision train through the canyon in charge of Lt. Irvine, we followed up the Umpqua about 20 miles, and crossing the mountains by a route which would be found tolerably good for pack animals, and far preferable to the route through the canyon, we struck Rogue River on the morning of the 17th, a few miles above where it enters the valley. The plan now was for half of the command to follow down on each side of the river, in hopes of surprising and cutting off the Indians. We had not proceeded more than three or four miles before a few straggling Indians discovered us, and run yelling down the river. Capt. Walker, being detached with his company, swam the river within the face of a small party, and charging them, killed five, and wounding others; while Maj. K., with Capt. Stuart and his company proceeded down the right bank at a gallop, and soon ran upon a party of about twenty, with whom he had a brisk engagement, killing a large proportion. Nine of them are known to have been killed, and it is probable very few if any escaped. But our victory was a very dear one, for the gallant captain fell mortally wounded at the head of his men. His surely was a very hard lot--after passing through five of the great battles in Mexico, and gaining a reputation of which anyone might be proud, to fall at last by the arrow of a savage. He lived but 30 hours after receiving the wound. Corporals Peck and Day were also wounded, the former severely.
    After our pack came up, Maj. K., leaving a sufficient guard with them and the wounded, proceeded with the remainder of the men, some 15 in number, down the river. After passing down some 5 miles, he discovered a large body of Indians, mostly mounted, and having many rifles with them, proceeding up towards him. At this time he had left half his small party in ambush, and had but 8 men with him. He reached a grove of oaks, and then waited till the others came up. In the meantime the Indians, who had also halted, had been continually reinforced by horsemen and men on foot from down the river, till their numbers amounted to from two to three hundred. After holding his strong position for an hour waiting in vain for an attack, and fearing to compromise the safety of his wounded by acting on the offensive against such great odds, he retired to camp, reaching it about sunset.
    Nothing was heard of Capt. Walker that night, and the next morning we passed the river in hopes of rejoining him; and passing to the southward 20 miles, we struck the road at this place, and found he was still in advance. He had scoured the left bank of the river--passed the night without provisions, and not knowing where to find Maj. Kearny, had passed on to overtake Mr. Irvine. The next morning both he and Mr. Irvine rejoined us.
    The fact of meeting so large a body of Indians assembled in a war party, and the numerous outrages recently committed, show conclusively that the Indians have assembled for no usual purpose. The detached settlements in the Umpqua may be swept away in a moment, the necessity of striking a decisive blow is apparent. Maj. Kearny has sent to the Shasta and Rogue River mines to raise a party of citizens; and in two or three days we hope to destroy the large band we met with--the citizens preventing them from retreating to the mountains, while the dragoons attack them in front.
    Since I commenced writing the above, a small party of citizens came into camp and reported that they had just been attacked by Indians some three miles above and had lost two packs, and had some animals killed. We immediately started for the place, and searching about in the thick timber and underbrush of the banks of a small creek, came upon the party quietly cooking some of the flour they had just stolen. We fired into them, upon which they started across the creek and into the bushes beyond, which were so thick as to prevent pursuit. We recaptured the stolen packs and found also a rifle they in their haste had left behind. None were killed on the spot, but the blood on the ground showed our bullets had done some execution. The audacity of these fellows stopping within a half mile of where they made their attack, to eat their stolen provisions, is enough to show the necessity of active operations against them at once.
    If I have time, I will send you an account of our future operations. At present I must close.
Oregonian, Portland, July 26, 1851, page 2


Lieutenant C. E. Irvine,
        Adjutant First Dragoon Detachment,
    Sir: I have the honor to communicate for the information of Brevet Major First Dragoons, Commanding, that, agreeably to his orders, I crossed Rogue River on the morning of the 17th instant, with detachment Company E, First Dragoons, at a point about twenty miles north of this place, Major Kearny, with detachment Company A, under the late Brevet Captain Stuart, remaining on the right bank, the object being to sweep down both banks of the river and to chastise or destroy any bands of hostile Indians that might be encountered, and for me to act in concert with the command on the opposite shore as far as circumstances would allow. At the same time, each party was thought to be of sufficient strength to be successful against any force of hostile Indians that might be encountered, and also that the two companies would form a junction with each other at some point below, which in our ignorance of the country could not be designated.
    In obeying these instructions, I pursued the course of the stream some ten or twelve miles, encountering and partly destroying several bands of hostile Indians. Before proceeding further down, I considered it important to gain, if possible, information of Major Kearny's position and route. For this purpose, I dispatched a noncommissioned officer with four men to return on my trail and ascertain, if possible, where Major Kearny then was, and to receive his orders. After several hours' absence, the party returned without bringing any information relative to Major Kearny's command, although the noncommissioned officer reported that he had gone almost to the point of our crossing in the morning, and was prevented from going to that point by encountering a large band of hostile Indians, which he supposed had been driven across by Major Kearny's command passing down on the opposite shore.
    At the point I had then reached, the river formed a semicircle, my line of march being on the outer circumference, while the company under Major Kearny, by taking the chord of the arc, would arrive much sooner than I could at the point below, where a large force of hostile Indians were said to be assembled.
    This line of march I supposed he had pursued; and in order to co-operate with the other company in the main attack, which I was now aware would be more serious than I had previously supposed, I pushed forward along the bank of the Rogue River for fifteen miles as rapidly as possible, endeavoring without success, at every point that looked fordable, to recross the river.
    From an elevated point, I now obtained a good view of the country on the opposite side of the river, and saw to my surprise several hundred Indians (mounted and dismounted) on a plain at the base of what is known as Table Mountain. I then became still more desirous of recrossing and forming a junction with the command on the opposite side, wherever they might be, as I knew they were unprepared to encounter so formidable a force as the Indians had here assembled. Crossing here, however, was utterly impossible, as by the junction of several large tributaries the stream was here very deep and of great rapidity of current, assuming more the character of a torrent rushing between high banks of volcanic rock.
    My anxiety to join Major Kearny was not lessened by remembering that my company was entirely unprovided with subsistence. To have countermarched twenty-five or thirty miles to the point where I left Major Kearny in the morning would have occupied all of next day; and on arriving there I might not find him, and during which time my company would be without food. Under these circumstances, I determined to endeavor to find the main road leading from Oregon to California, in hope of falling in with Lieutenant 's subsistence train, or with some emigrant or mining party from whom subsistence might be procured.
    I accordingly left the river, and, pursuing a southeastern direction for about five miles, had the satisfaction of finding the road, and, after traveling about six miles further, encamped for the night, having marched that day over forty miles.
    The next morning, at daylight, I pursued my course, and before going far had the satisfaction of learning from a party of miners that Lieutenant  was in advance of me; and, pushing on rapidly, I overtook him about noon on the 18th. I should have set out to rejoin Major Kearny's command immediately on getting supplies; but, from the exhaustion of both men and horses after two days of rapid marching, and the men without food, I considered it advisable not to set out on my return before the next morning. In the afternoon, however, I received orders from Major Kearny to follow back my route and join him here, with which I complied, joining him at this camp on the 19th instant.
                I am, very respectfully, etc.,
                                J. G. Walker,
                                Bvt. Capt., Comdg. Det. First Dragoons.
Elwood Evans, History of the Pacific Northwest: Oregon and Washington, 1889, page 385



Sir
    I arrived at this place two days ago and have been engaged organizing a party to accompany me to Rogue River--I expect to be ready to leave tomorrow or the next day, and shall proceed with all practicable speed to the scene of Indian disturbances. In addition to rumors which I have no doubt has reached you I have just learned that a small part of Major Kearny's command, twenty-eight in number (the Major himself being with them), met the Indians in considerable force at a place called Table Rock on Rogue some twelve or fifteen miles east of the usually traveled route, and after a short conflict killed eleven Indians, many wounded on their part, and Lieut. Stuart killed, and one other officer not named wounded (said to be mortal) on our part. The account of this affair comes in such a shape as to render its truth extremely probable--I believe it--Stuart was a fine officer and accomplished gentleman. His loss will be greatly deplored. Kearny has acted precisely as I told you I knew he would, and I understand he has expressed his determination not to leave the country until the savages are punished, or all prospects of it is at an end. I shall be with him in a very few days unless he prosecutes his march sooner than I expect.
    The affair at Table Rock is said to have taken place on the 17th inst., and the Indians are reported to have evinced great boldness. No other results than as above stated has come to my knowledge.
Genl. E. Hamilton
    Oregon City
Cayuse, Yakima and Rogue River Wars Papers, University of Oregon Special Collections Bx47, Box 1, Folder 34


Oregon Weekly Times, Portland, July 24, 1851, page 2


    Articles of agreement and treaty stipulations made and entered into this fourteenth day of July, in the year of our Lord one thousand eight hundred and fifty-one, by and between John P. Gaines, Governor of Oregon, for and in behalf of the government of the United States on the one part, and we, the undersigned chiefs of the Rogue River tribe of Indians on the other part, witnesseth that we, the undersigned respective parties, doth covenant and agree to the following articles, to wit:
    Article first. That on this day hostilities heretofore carried on between the parties shall cease, and that a lasting peace is hereby established.
    Article second. That we, the chiefs of the said tribe of Rogue River Indians, for ourselves and our nation, do agree to put ourselves under the exclusive care, guardianship and protection of the government of the United States, and we further agree that in all further disputes between ourselves and any citizen or citizens of the United States, that we will submit the same to the government of the United States, or to such officer as may by said government be appointed.
    Article third. And we, the said chiefs, do agree to submit to said government of the United States, or its agents, all and singular, any article or articles by us taken or captured from any American citizen or citizens, or prisoners captured at any time by any of our tribes. And the government of the United States doth agree to return and restore to said nation of Indians all property and prisoners that may have been captured from them by the American people.
    In witness whereof, we the parties hereto affix our names and seals the day and date above written.
Signed, sealed and acknowledged in the presence of the undersigned witnesses:
NARA Documents Relating to the Negotiation of Ratified and Unratified Treaties with Various Tribes of Indians, 1801-69, Microcopy No. T-494, reel unknown, frames 32-34. Printed in 51st Congress, 2nd Session, Senate Ex. Doc. No. 54, "Letter from the Secretary of the Interior"


    It is a matter for regret that the landmarks of early Oregon history have not been better preserved. Features whose interest would increase with the years have been suffered to be destroyed through ignorance or indifference. In 1853 [sic] there was some trouble with the Rogue River Indians, though the war did not occur until two years later. In 1853 General "Joe" Lane, whose name is inseparably connected with the history of Oregon, made a treaty with the Rogue River Indians on a spot which is now included within the present city limits of Grants Pass. He met the Indians under a black oak tree on Rogue River, just above the "White Rocks." Oldtimers are still able to point out the stump of this tree, but the tree itself has been cut down and sawed into stove wood in these latter years, probably by some man who never heard of Joe Lane.
Democratic Times, Jacksonville, July 15, 1903, page 1




    Soon after picketing our animals an express arrived at our camp on his way to the ferry on Rogue River, who informed me that the Major had by that time set out with his command, dragoons and volunteers, for the purpose of making a forced march during the night in order to attack the Indians at daybreak the next morning. Early on Monday morning I set out with the hope of falling in with the Major or the Indians retreating from his command, and made a hard day's ride but failed to find the Major or the Indians. On Tuesday I proceeded to Camp Stuart with the hope of hearing of the command, but as yet no tidings had been received of their whereabouts. Late in the evening Capt. Scott and T'Vault, with a small party, came in for supplies and reinforcements. They informed me that two battles had been fought, one early on Monday morning, and one in the afternoon. In the last fight the Indians posted themselves in a dense hammock, where they defended themselves for four hours and until the darkness of the night enabled them to make their escape. In both fights the Indians suffered severely. Several of our party were wounded, but none mortally. T'Vault received an arrow through his hat, just grazing his head. By nine o'clock at night we were on the march, and joined the Major at 2 o'clock Wednesday morning, when I had the pleasure of meeting my friends Applegate, Freaner and others.
    Early in the morning we set out to carry into effect the plan of operations which had been agreed upon, and proceeded down the river and on Thursday morning crossed about seven miles from the ferry. We soon found an Indian trail leading up a large creek, and in a short time overtook and charged upon a party of Indians, killing one. The rest made their escape in a dense chaparral. We again pushed forward as rapidly as possible until late in the evening, when we gave battle to another party of Indians, few of whom escaped. Twelve women and children were taken prisoners; several of those who escaped were wounded.
    At this point we camped, and next morning took up the line of march and scoured the country to Rogue River, recrossing at the Table Mountains, and reached camp at dark on the evening of the 27th.
    The Indians had been completely whipped in every fight. Some fifty of them were killed, many wounded, and thirty taken prisoners. It has, however, cost us dearly. We have lost Capt. Stuart, one of the bravest of the brave. A more gentlemanly man never lived; a more daring soldier never fell in battle. Too much cannot be said for Major Kearny. For more than ten days he was in the saddle at the head of his command scouring the country and pouncing upon the Indians wherever they could be found. He has done much to humble the Rogue River Indians, and taught them to know that they can be hunted down and destroyed. Capt. Walker of the Rifles deserves the highest praise for gallant conduct. Lt. Williamson of the Topographical Corps and Lt. Irvin and command also deserve high praise for gallant conduct. The volunteers behaved well--nobly. Applegate, Scott, T'Vault for good conduct as guides and courage in battle are entitled to great credit. Capt. Armstrong, Blanchard, Boone and all of our Oregon men deserve credit for their good conduct and bravery. Col. Freaner from California with a party of volunteers from the mines promptly tendered their services and behaved nobly.
    Never has an Indian country been invaded with better success, nor at a better time. The Indians had organized in great numbers for the purpose of killing and plundering our people passing to and from the mines. The establishment of a garrison in this district will be necessary for the maintenance of peace. That done, and a good agent located here, and we shall have no more trouble in this quarter.
    This morning the question arose what must be done with the prisoners. The Major was anxious to turn them over to the citizens of Oregon to be delivered to the Superintendent of Indian Affairs. The citizens were generally bound to the mines, and none could be found to take charge of them. The Major was determined not to release them, holding that it would be wrong to give them up before a peace could be made. Consequently he determined to take them to San Francisco and then send them by sea to Oregon.
The bulk of this letter was transcribed from a typescript on the microfilm of the Joseph Lane Letters, "copied from original letters in possession of Asahel Bush, Salem, Oregon.". The first page, missing from the typescript, is copied from the Oregon Statesman of July 22, 1851, page 2.


    Dear Sir: I have but a very few minutes to spare to tell you of our operations during the last week, and must be brief. At noon on the 22nd our express from the Rogue River mines returned, and reported that a small party of citizens were at the ferry, ready to cooperate with us; but that, as a general rule, the citizens could not be made to turn out. So much delay for nothing was rather discouraging, and it was determined to commence our operations at once, without preference to parties of citizens to operate in other directions. It was deemed expedient to obtain a position upon the other side of the river, without, if possible, the knowledge of the Indians. Therefore, as soon as it was dark, we saddled up, and at 9½ o'clock quietly crossed the creek, and went up the valley for 20 miles, when we forded the river near where it emerges from the mountains. Then, sweeping down the right bank, we reached "Table Rock," where we supposed the Indians were assembled. But much to our regret we found the main body had dispersed. We had a little skirmish in the bushes, in which one of our men was wounded in the arm. In the afternoon of this day we found a ranchero which we destroyed, killing several males, and capturing 8 squaws with some children. I forgot to mention that some 20 or 30 citizens, joining our packers before leaving camp, formed with a party of about 50 which accompanied us, and rendered us much assistance. The Indians being dispersed, we had to give up all hopes of a regular fight and all we could do was to scour the country ,and destroy any small parties we might find. On the 23rd inst. we were joined by a party from the Shasta diggings, among whom was Maj. Freaner, the "Mustang" of Mexico and Texas notoriety. During the night of the 24th, Gen. Lane, with a small party of citizens, also joined us, and we had now quite a formidable party. From that time we have been searching about in the mountains, destroying villages, killing all the males we could find, and capturing women and children. We have killed about 30 altogether, and have 28 prisoners now in camp. The prisoners we will take with us and probably send them from California by sea to the Superintendent of Indian Affairs in Oregon. He having them in his possession will probably be able to bring the tribe to terms.
    I regret I have so little time that I can give you none of the details of our operation. We are all well in camp, and tomorrow we recommence our march towards California, which I hope will not again be interrupted.
Oregonian, Portland, August 2, 1851, page 2


To Brevt. Maj. Kearny
    1st Dragoons, U.S.A.
        Sir: Allow me for myself and my fellow citizens of Oregon to express our sincere gratitude to you and the officers and soldiers under your command for the prompt, able and efficient manner you have conducted your military operations against the Indians of this valley.
    Be assured, sir, that for the bravery and patriotism you have displayed in their defense the people of Oregon will ever and gratefully join your names to the list of those of her dearest friends.
    Though we are aware that [for] an officer like yourself already known to fame and highly appreciated by his country no new laurels can be gathered in a field like this, yet allow us to assure you that should your love of duty prevail so far over your private interests as to cause your return to Oregon, be assured, sir, that to no other officer of the army would the people of this Territory more confidently entrust their interests and safety.
[Kearny's handwriting]
    This was consequent on my saving the settlements by attacking and beating the Rogue River Indians. Joseph Lane, Esq., had been a successful general in Mexico--recently governor of Oregon--and was a candidate (& elected) for Congress.
Joseph Lane Papers, OHS Mss 1146, Oregon Historical Society Research Library.  From a typescript transcription on OHS letterhead, misdated June 28th, 1852.


    Sir: I have the honor to continue the report of my late movements against the Rogue River Indians. My desire had been, by assembling a large force of volunteers, to simultaneously occupy the principal passes of the mountains, so that the Indians, retiring before our main party, might be intercepted in their retreat to the inner villages--our difficulty being a want of knowledge of the country and their system of detecting our movements by spies on the most elevated peaks.
    The position of my camp enabled me, while awaiting volunteers, to cover the road, and to afford a safe resting spot to parties from the mines. I recaptured the only packs robbed within miles of me.
    Sunday, the 22nd, at noon, Mr. Levi Scott returned from the Rogue River mines, and in the evening Mr. Jesse Applegate, accompanied by Colonel Freaner (of New Orleans), from Shasta plains. The desultory bonds of a mining community caused a comparatively small number to volunteer. Those who did, however, rendered much service, and were extremely active. They amounted, with Captain Humphrey's party (a volunteer force organized at my camp), to near one hundred.
    As soon as it became dark, that same night, by a rapid march, I placed myself again near and above the point where I expected to find the rendezvous of the Indian war party. The shortness of the night caused it to be daylight before we could reach it; and our efforts to secure their horses were without avail. The 23rd and 24th were spent in breaking up the Indian ranches, 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 first intercepted by Colonel Freaner's spies. This gentleman deserves to be particularly noticed for the zealous manner with which he left important interests at the Shasta mines to volunteer in this quarter.
    The night of the 24th, General Lane, who, on 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.
    Accompanying General Lane with part of my dragoons (Captain Walker, Captain Humphreys and Colonel Freaner scouring the country at opposite points), we forded Rogue River from the left bank, at a point about ten miles above the ferry; and following up a creek, over a country hitherto unexplored, we spent the next three days in making a circuit around the stronghold near Table Rock. We returned to Camp Stuart (our permanent camp) on the evening of the 27th instant.
    Whilst on this detour, General Lane's party succeeded in capturing the family of the head chief.
    The occupations of the citizens are such, that in thus spiritedly turning out, they have done everything that could be expected. I declined assuming any direct command over them, although they have cheerfully acted on such points as I assigned to them. Governor Lane, of course, would have been chosen to that command had they acted in one body.
    We have taken many prisoners from among the women and children--above thirty. They will prove useful in effecting a treaty, or holding the Indians in check. It was impossible to spare the men, as they combat with desperation to the last, meeting any advances with treachery. In these late affairs, there have been a number of wounded, but none seriously.
    The volunteers broke up on the 28th instant. This morning, the 29th, I will resume my march to California. The lateness of the rainy season, the temporary nature of my outfit for the detachment, this late delay of more than a fortnight's operations, which counts from my leaving Knotts, on the South Umpqua, imperatively demand that I lose no time (according to division orders) in organizing the Dragoons in California with the Rifle transfers, those present with us and those who went by sea; and I consequently must content myself with these rapid operations, which, as the enemy has been dispersed and many severe blows inflicted on him by the loss of life, capture of families and destruction of property, have had all and more success than I could have hoped. Still a post is instantly demanded to maintain quiet; nor have I any faith in a treaty with these people.
    Whilst again recounting the efficiency of Brevet Captain Walker and Lieutenant Williamson, it gives me pleasure to state that Lieutenant , who has commanded detachment Company A, has proved himself as valuable a line officer as he has been indefatigable as acting Quartermaster and Commissary.
    Assistant Surgeon Edgar has been untiring in the discharge of his duties to the sick and wounded.    I am, sir, very respectfully, etc.,
Elwood Evans, History of the Pacific Northwest: Oregon and Washington, 1889, page 386








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


    Sir: Agreeably to your instructions, I have examined the communication of Governor Gaines, of the l3th of June, relative to the military service in Oregon. The withdrawal of the rifle regiment was a measure determined upon for two reasons: First, their services were deemed to be more needed for the protection of the frontiers of Texas and Mexico, and second, that the representative of the Territory assured the Department that its presence was not necessary, and that the regular force might be dispensed with without detriment to the public interest in that quarter.
    The suggestion of the Governor to establish a new post, either upon the Umpqua, Klamath or Rogue River, is fully concurred in. About twenty miles above the mouth of the first-mentioned river the Hudson Bay Company have an establishment called Fort Umpqua, to which point, from the ocean, it is said there is twelve feet draft of water. But how distant from any navigable stream the site for the new post proposed by the Governor would be fixed, would depend upon circumstances; if far in the interior, the expenditures for its maintenance would be great. The Klamath River is some distance to the south of this, and in its course to the ocean a part of it runs through California, and it is somewhere in this region where the people from Oregon, it is said, are profitably engaged in the digging of gold. It is on this route of travel, from Oregon City south to the Klamath and California, where the miners and other travelers need protection, and as it is said that the Indians near Rogue River are numerous and warlike, will cut off the trade with the mines, and do much harm to the interests of the people of the Territory, it would seem to be proper to give immediate instructions to the commanding officer in California to reconnoiter the country with a view to the selection of a proper site, and establish a post without loss of time.
    There are no troops disposable, nor any that can now be sent to Oregon, nor could any force be put en route at this time, which could reach that distant region in season to meet the then-existing state of affairs mentioned in the Governor's letter.
    The Governor states that, should he find it necessary to organize a force, he shall assume the responsibility of doing so. As the expense of establishing many posts, and maintaining their garrisons in the interior of Oregon, to give protection and hold the Indians in check, must be at great cost, it may be well to consider whether a portion of the necessary force might not consist of militia companies, occasionally mustered into service for short periods, and which, under a proper system, might be sent with a portion of regulars in pursuit of the Indians, whenever the exigences of the service would require such expeditions.
    In the general arrangement of the troops pursuant to general orders, No. 49, of 1848, it appears that four posts have been established in Oregon, but at this time but two are occupied, each with a garrison of one skeleton company of artillery.
    I am, sir, very respectfully your obedient servant,
Hon. C. M. Conrad,
    Secretary of War
Executive Documents of the Senate, First Session of the Thirty-Second Congress, 1852, vol. 1, pages 147-148




    Captain Stuart, of the rifle regiment, has been killed in an encounter with the Indians in California. Major Kearny, in command of a company of eighty men, with twenty-five pack mules, had just arrived at Rogue River. While the forces were coming round the mountain in two detachments, Captain Stuart, with a party of thirty men, was fired upon near Long's ferry. Captain Stuart was wounded in the side with an arrow, from the effects of which he died next day. Three or four of his men besides himself were wounded.
Athens Post, Athens, Tennessee, September 12, 1851, page 3




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,
        I remain
            Hon. Sir
                C. M. Walker
N.B. I am quite unwell, which I hope will serve as an excuse for this scrawl. C.M.W.
Joseph Lane Letters

    Sir: I have the honor to acknowledge the receipt of your instructions of the 3rd ultimo, accompanied by a copy of a communication of the 13th of June last from Governor Gaines, and addressed to his Excellency the President of the United States, in which communication Governor Gaines urged the necessity of establishing a military post on the Umpqua, Klamath or Rogue rivers, and I beg to refer in the first place to my letter of the 29th of August to the Adjutant-General, reporting my having ordered a post to be established at Port Orford, with an express view to the country referred to by Governor Gaines.
    Port Orford has been recently ascertained to be one of the very best harbors on the Pacific Coast, accessible to the largest class of vessels and situated at a convenient intermediate point between the outlets of the Umpqua and Rogue rivers. It is a point from which that whole range of country may be readily commanded.
    I have now to report that on hearing a few days since of the murder of several Americans on the Coquille River, some forty miles north of Port Orford, I immediately ordered an expedition to that country, instructing the commander to punish and subdue the Indians on that river, or any other hostile Indians within reach, and to open a communication to the "trail'' from Oregon to California, the results of which expedition will be communicated as soon as reported at these headquarters.
    I am convinced that the measures adopted in view of the country in question are the best practicable at this time. Port Orford being the most available harbor (for supplies) on that coast, it being central and the Oregon [trail] not being it is supposed over sixty miles east of the harbor, whereas access to the country from the north or the south by the interior requires a march of some three hundred miles.
    I have the honor to be, very respectfully, your obedient servant,
Hon. C. M. Conrad
    Secretary of War.
Executive Documents of the Senate, First Session of the Thirty-Second Congress, 1852, vol. 1, pages 148-149


    Sir: After much delay caused in collecting the vouchers for my expenditures in quelling the hostilities of the Rogue River Indians, I have succeeded in getting them all together except one, which is due in the account for subsistence (marked in the abstract) to a Mr. Grier of $360, which I will forward as soon as obtained. Vouchers for the balance of the amount, with the different abstracts, and also some papers relating to the matter in the parcel marked "A," I have the honor herewith to transmit.
    I have the honor to forward also the correspondence with Major Hathaway, commanding at Astoria, urging him to send a small military force to Rogue River. I regret that my efforts were unsuccessful. (In parcel marked "B.")
    I arrived at Rogue River on the 29th of June, just as Major Kearny was leaving with the troops under his command, and thirty prisoners captured by his command from the Indians. Having but ten men with me, I immediately dispatched an express to him which overtook him at the foot of the Siskiyou Mountain, by which I requested him to suspend his march until I could see him, which very much to my regret he declined, finding myself thus left in the heart of the enemy's country with so few men, I increased the number from returning miners to fifteen, and sent into the Umpqua Valley to procure an interpreter, and busied myself in endeavors to learn the whereabouts and disposition of the enemy.
    It being understood that Major Kearny intended to take the prisoners (all of whom were women and children) to San Francisco and return them by water to Oregon, the Indians were said to be highly exasperated, and that any attempt to terminate hostilities with them would be unavailing. Most fortunately General Lane, who was about returning to this place from the mines, meeting with Major Kearny, tendered his services to conduct the prisoners back to Rogue River, and arrived with them at my camp on the 8th day of July. Up to this lime the Indians had evinced no disposition whatever to come to terms. Indeed, I was informed that they rejected with scorn Major Kearny's tender of peace, but when they saw their women and children returning, and received an assurance from General Lane that they would be kindly received at our camp, and that peace would be granted them if they would come in and give assurances of a friendly disposition, they promised to do so and acknowledged their condition to be wretched, and their utter inability to prosecute a war with the whites. Being thus in possession of the prisoners, I found it necessary further to increase my force, which I did, to twenty-five men or thereabouts, and having in the meantime procured an interpreter, I sent him with a half-breed and one of the prisoners to the Indians, by which means they were induced to come in, and the result was a treaty of peace, herewith enclosed in the parcel marked "A."
    The correspondence with the military commandant in this Territory, and my letters to Mr. Dart, Superintendent of Indian Affairs from Rogue River of date July 8, 1851, all herewith enclosed, will show the steps taken by me to procure a small military force and an efficient Indian agency in this part of the Territory, and I can but deeply regret my failure in both particulars. My great reliance in the efficacy of the treaty was based upon my firm conviction that both would have been readily furnished. Had I believed at the time that both or either would have failed, I should have had but little confidence that peace would have been preserved. But contrary to my expectations, the Indians have, up to this time, shown a disposition to observe the treaty and keep peace, notwithstanding their naturally thieving disposition, being sorely tempted by the numerous opportunities offered for them to commit depredations by persons going and coming from the mines, when they are well aware of the distance it is to where troops are stationed, and the respite they would have before they could be punished for the thefts. This temptation would be removed, I apprehend, if there were a small number of troops stationed somewhere in either the valley of Umpqua or Rogue River, on the route from this valley to the mining district. They would then be restrained from committing any depredation for fear of the immediate punishment. A slight immediate punishment with an Indian is much more effectual than a terrible punishment long delayed.
    I cannot but express my regret that the small force which has lately been sent to that quarter of the Territory should have been sent to a place where they will be entirely useless, except to the very small district of country they are in, where there are no white settlers except at the point where the troops are stationed. The trade between this valley and the mines in the vicinity of Rogue River is the most lucrative and extensive that there is in the Territory, and the whole of it must of necessity, at present, pass through or near the territory of these Indians. The troops that have been sent are to be stationed at a point on the coast called Port Orford--unknown until a month or two since--which is separated from the valleys of Rogue and Umpqua rivers by the Coast Range of mountains, and as yet no practicable route has been found--nor do I suppose, from the information I have upon the subject, one can be found or made without much trouble and expense between this point and the valleys above mentioned. The troops therefore can be of no more use to the mining and trading interests of the Territory, nor to the settlement of that portion of the country by the whites, nor to the preservation of peace among the late hostile Indians, than they were at Astoria, whereas the same number stationed in the valley would have kept peace and have conduced to the settlement of that country, which is most desirable, and have effectually, with the aid of the Indian agent, guarded the interests of the traders and miners.
    I cannot, therefore, but repeat my belief that, without a military post in either the Umpqua or Rogue River Valley, I apprehend great trouble and expense from the hostilities and depredations of these Indians. The other papers in the parcel marked "A" are communications received from men of influence, and upon whose account of the matter I based my actions until I arrived at the scene of hostilities myself. They will tend to show the views of the state of things anticipated by some of the most influential settlers in that part of the Territory.
    One of the papers of this parcel is a report of Doctor McBride, whose party while returning from the mines were, without provocation on their part, attacked by the Indians. In a communication I had the honor to address [to] his Excellency the President of the United States, dated from this place, June 13, 1851, speaking of the attack Doctor McBride and his party sustained, I stated that the party, after a fight of four hours, were driven off the field, and in a communication addressed to yourself, dated at Nesmith Mills, June 19, 1851, written while on my way to Rogue River, I stated in relation to the same matter, "that the conflict lasted about four hours, and ended in the whites withdrawing from the field." The first of these statements was based upon rumors, the second from information received from Doctor McBride. In neither of these statements do I mean in the least to imply any want of bravery in the party under Doctor McBride, nor to censure the manner of conducting the fight. I think the explanation is due to Doctor McBride and his party, as my not stating the manner of their withdrawing may have been construed that I questioned their bravery and ability to sustain the attack. The party, after sustaining the attack for four hours, the firing having ceased, withdrew in good order.
    I have received no answer to any of the communications I have addressed to yourself or to his Excellency the President upon this subject. I would therefore be pleased to be informed of the reception of this, and the safe arrival of the enclosed accounts, as is convenient.
    I am, sir, very respectfully your obedient servant,
To the Hon. C. M. Conrad
    Secretary of War
Executive Documents of the Senate, First Session of the Thirty-Second Congress, 1852, vol. 1, pages 151-153


    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.--[Spectator.
"Arrival of the Columbia--Two Weeks Later from Oregon!" Daily Alta California, San Francisco, October 28, 1851, page 2


    At a public meeting held at the Main Street House in Scottsburg, March 20th, 1852, pursuant to a previous call, for the purpose of taking into consideration the act of the Executive and other officials of this Territory, and the course pursued by the Legislative Assembly convened at Salem, Judge Hudson was called to the chair and E. R. Fiske appointed Secretary. After an animated discussion by several gentlemen with regard to the present position of affairs in Oregon, it was moved and voted that Messrs. Geo. L. Snelling, A. C. Gibbs and Jeb Hatfield be appointed a committee to draft and present resolutions expressive of the sense of this meeting. The committee through their chairman subsequently reported the following resolutions:
    Whereas, the present Territorial system of government in Oregon is repugnant to the spirit of Republicanism, and exercises a depressing influence upon all our interests being at best but poorly adapted to the desires and necessities of a free people, subjecting us to the maladministration of strangers and sojourners, who are ignorant of our wants, and destitute of sympathy for us inasmuch as they are not responsible to the people of Oregon for their acts, therefore,
    Resolved, That we are ready to cooperate with the citizens of other counties in Oregon in order to obtain a restoration of our political privileges, either through a thorough and radical modification of the existing territorial system, or by exchanging it for an independent and truly republican state organization.
    Resolved, That the irregular course pursued by the Governor of this Territory in organizing this county, by which its citizens have for the past year been deprived of the privilege of maintaining and enforcing their rights, meet the entire disapprobation of this meeting.
    Resolved, That the extraofficial and illegal acts of the Governor in making the so-called "Rogue River Treaty," which allowed the Indians to keep over one hundred head of horses, the stolen property of the people of this Territory, and the neglect of the Superintendent of Indian Affairs to make any treaty with the Indians in this valley while he has visited and purchased the land of those in every direction around us, and the general neglect manifested on the part of the government officers to forward the interest of the southern portion of Oregon, begets in us anything but feelings of approbation and confidence.
    Resolved, That we approve the course pursued by the members of the late Legislative Assembly in meeting at Salem, and consider the attack made upon them by the federal officers of this Territory, as a direct infringement on the rights of the people, and that the effort on their part to nullify the acts of the representatives of the people should be treated with contempt.
    Voted, that a copy of our proceedings be forwarded to each of the papers in Oregon.
    Voted, to adjourn.
Oregon Weekly Times, Portland, April 3, 1852, page 2


    It happened to be just at the time the troubles broke out among the Rogue River Indians, when our people were being murdered by them, when [the soldiers] were thus transferred from the rifles to the dragoon service. The troops thus transferred consisted of two companies, one commanded by Captain Walker, the other by the gallant and lamented Stuart, who, after covering himself with unfading laurels in Mexico, unfortunately fell in that distant land, in defense of his exposed countrymen. The people of Oregon will cherish his memory, and I hope and believe they will, as they ought, erect a monument to perpetuate it.
    Those troops, the whole being under the command of Major Kearny, moved in the direction of the Indian troubles; and it was my fortune, with a few gallant Oregonians, to fall in with them then, also including some brave volunteer Californians, and witness and participate in the service which followed. But for those troops, who remained only two weeks in the country, and at the seat of Indian troubles, the whole outside settlements would have been crushed. But they gave the Indians a severe flogging and a severe chastisement, such a one as has kept them, up to the present time, in that quarter, apparently friendly, though they have killed a few whites since; but that is so frequent an occurrence that we hardly think of asking this government to avenge it. The killing of one or two men is no unusual thing there; but we take care of these comparatively small disturbances ourselves. But when it is evident that there is a general hostility, as there is now, it is the imperative duty of the government to interpose and give us aid.
    Now, while I am speaking of the Indian war in which Captain Stuart fell, I would like to say that South Carolinians, of which State he was a native, that he was an ornament to that gallant State; that he was the best officer of his age in the American Army, and more familiar with duties of an officer than any young man in the Army. He had distinguished himself in every battle he was in in Mexico--and he was in nearly all of them--and fell fighting for the people of Oregon. I learned, about the time of his death, that a portion of his salary was annually or quarterly devoted to the benefit of his mother, now, I learn, living in this District. I hope that some friend of that man will take care to propose that a pension be granted to that mother; a mother who bore such a noble son is entitled, in my opinion, to the benefit of a pension.
"Speech of Hon. Joseph Lane," Oregon Weekly Times, Portland, April 17, 1852, 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.


    Under this title, we find, in the last number of the Southern Literary Messenger, a very spirited narrative of the experiences of the famous regiment of Mounted Riflemen, which was added to the regular military establishment of the United States, just at the breaking out of the war with Mexico. The article contains some interesting reminiscences of the short but brilliant career of one whose memory is yet fresh in the minds of many of our readers. The writer gives a graphic review of the opening conflicts of the Mexican campaign, and continues:
    After Molino, about two weeks, came Chapultepec, and a busy, bloody day it was for the Rifles. There has been much difference of opinion (honest, doubtless) as to who first planted the American flag on the palace of the Montezumas. I am not prepared to decide that much-vexed question; perhaps would not if I could. For there were many who, on that day, showed themselves worthy of the distinction; and ready to brave every danger to win it. But all who were present during the brilliant movements of our troops on that bloody and eventful day will agree that the Rifles did not forfeit their right to march at the head of Twiggs' division. Many of our officers and men were amongst the killed and wounded of the day of Chapultepec and the Belen Gate. Loring, who had commanded the regiment in every one of its actions, was shot down within a hundred paces of the gate of Mexico. Many others beside him fell, but my memory does not now enable me to recall their names; and I have not access to any records which can prompt me. But I may here be permitted to pay my tribute to one destined to fall on another and far distant field; who always, in battle, attracted the admiration of soldiers and the affection of those who knew him, everywhere; and who was one of the first Americans to enter Mexico that day. Jemmy Stuart, as we all called him, was son of a brilliant editor of the Charleston Mercury, grand-nephew of the Conqueror of Maida, and descendant of the last royal family of Scotland. He entered the Rifles from West Point, a stripling of twenty years. In person and manner he was refined and attractive; with an almost feminine beauty of countenance, he was diffident in the presence of strangers as a young girl. And his brown, silky hair, pearly teeth, and sweet expression of mouth, gave, to a casual observer, no indication of the high spirit and dashing courage which made him prompt to resent insult, and foremost in battle.
    He passed unwounded through all our Mexican battles; and perhaps no officer of his rank gained a reputation more enviable than his was when peace was made. We all loved and respected him, while our officers seemed to regard him as their Bayard.
    Several years after, when the Rifles were ordered out of Oregon, he and Capt. Walker, of Missouri, were sent down into California to turn over to the dragoons our men and horses. The two were intimate friends, and on this march occupied the same tent. The duty on which they were engaged was a sort of indulgence to them; and no idea of actual service, or danger, had been connected with it. When, one night, or rather morning, about 2 o'clock, Walker awaked, and Stuart said to him, "I have been lying awake all night; I have upon me a conviction, which I cannot shake off, that my death is at hand; and I wish you to receive and promise to execute, in that event, certain requests, which I now shall make."
    Walker endeavored in vain to disabuse him of the sad forebodings, which seemed to oppress him. For, while he was ready to acknowledge their absurdity, he could not shake off their influence, and insisted on a promise of fulfilling his last requests.
    Next evening, to the surprise of us all, the command found signs of hostile Indians being near, and made preparations to hunt them up and attack them next day.
    At breakfast, next morning, Captain Stuart related to the other officers a vivid dream he had the night before, in which a Rogue River Indian had seemed to come to the door of his tent, and after aiming first at Walker, then at him, to discharge his arrow through his (Stuart's) body. Before 10 o'clock next morning the command under Stuart found and attacked and routed the Indians. Stuart, as usual, led the attack, and was shot through the body by an arrow, from a bow of a Rogue River Indian. He was the only one of our men hurt in the fight.
    He lingered in great agony for near two days. We buried him at the root of a large tree near the road. His remains have since been removed, and now rest in his beloved South Carolina.
    His was a pure and beautiful character. He lived and died without fear and without reproach.
    His remarkable premonition of death is well authenticated, and seems to accord with the melancholy history of his race, and with his own sad and imaginative temperament.
Charleston Mercury, Charleston, South Carolina, December 6, 1861, page 1


Sir
    Your note of the 29th May was duly received.
    From enquiries made the following are all the particulars I can glean here concerning the expedition to Rogue River Valley to which you refer.
    Early in June 1851 Brevet Major Philip Kearny of the 1 Dragoon marched for Benicia Cal. in command of two companies of that regiment. The only officers with the command of whom I hear anything were Brevet Captain James Stuart and Capt. John G. Walker, both of the Rifle Regiment, but temporarily doing duty with 1 Dragoon.
    The fight occurred on the 17 June a few miles above Table Rock on the east side of Rogue River. Lindsay Applegate of your valley pointed out the spot to me in August '53.
    Jesse Applegate of Yoncalla was the guide to the expedition from the Umpqua.
    Capt. Stuart was wounded on the 17th June & died on the 18th June. I understand that his remains were forwarded to this fort and sent to the East to his friends, but did not learn the dates.
    Jesse Applegate can no doubt give you more particulars of the fight and campaign than any person in this country.
    Major Philip Kearny was the same officer afterwards Major General of U.S. volunteers in the present war & killed on the 1 September 1862 near [Chantilly].
    His line of travel from the Umpqua was on the route east of the Umpqua Canyon--I went mostly over the same trail in August and September 1853 in exploring the best route for the military road which I located--"from the north of Myrtle Creek to Camp Stuart."
    The name is spelled Stuart & not Stewart as your letter gives it. Capt. S. was a native of S. Car.
J. M. Sutton Esq.
Jacksonville Oregon
University of Oregon Special Collections CA1863July16




    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