The undersigned of the Committee on Elections beg leave to submit the following report in the matter of J. McMahon, contesting the seat of W. Van Dyke as a representative from Klamath County[, California].
    The contestant alleges that two precincts known as Althouse Creek and Walling's Ranch are within Oregon Territory, and that the votes cast at these precincts were improperly counted in the official returns, according to which Mr. Van Dyke has a majority of sixty-nine votes over Mr. McMahon. If these votes are thrown out, Mr. McMahon has a majority of seven over Mr. Van Dyke.
    The depositions of numerous witnesses touching [on] the locality of these two precincts were introduced before the committee and are so voluminous that it would be impossible to give a full and fair statement of their substance within the limits of this report. The testimony was conflicting, and the undersigned are of the opinion that it was at least as favorable to the claims of the incumbent as to those of the contestant. The contestant also introduces a tracing from the map of the state now being prepared by the Surveyor General of the state, according to which the above-named precincts are within the limits of Oregon Territory.
    But that officer stated in his testimony that he had never visited this portion of the state and was guided in the preparation of this map by information received from others. On the other hand, the same officer produced a map of this region of country prepared by T. Loring, county surveyor of Siskiyou County, in obedience to the instructions of the Surveyor General, which instructions were forwarded in compliance with the act passed at the last session of the Legislature, "to provide for a map of the State of California." This map locates the precincts in question within the boundary line of Klamath County. The undersigned is of opinion that this map made by the County Surveyor, and accompanied by his assurance that "the position of the various streams &c. are correctly laid down," is more likely to be correct than that prepared by the Surveyor General, who has not been over the ground.
    It also appears in evidence that Klamath County has assumed and exercised jurisdiction over this section of the country. At the late election, precincts were regularly established by the Court of Sessions on Althouse Creek and at Sailors' Diggings, and the County Judge attended one of these precincts on the day of election; township and county officers were voted for. It further appears that Oregon has never exercised any jurisdiction over said section, and has never held any election there.
    In the fact of the presumption to be derived from these facts alone that these precincts are in Klamath County, positive and direct evidence that they are in Oregon should be required before disenfranchising the number of voters who participated in that election.
    Again: It does not appear that the contestant has complied with the provisions of the law in instigating the proceedings preliminary to a contest. The incumbent was not notified of his intention to contest, and a large portion of the testimony introduced by the contestant are ex parte affidavits. The incumbent thus had no opportunity to cross-examine the witnesses, nor to introduce witnesses of his own, except such as happened to be present at Vallejo or San Francisco during the session of the committee, while having the case under consideration.
    The undersigned are of opinion that Mr. Van Dyke is justly entitled to the seat now held by him, and respectfully recommend that he be retained in the same.
Sacramento Daily Union, February 19, 1853, page 1


    I have had conversation with gentlemen from the Rogue River & Umpqua regions. There are several towns in the former, made by miners--one of a thousand people. They are yearlings now, & it is doubtful how much longer they will live. A few months will determine. The towns in the Umpqua are small yet.
George H. Atkinson to the American Home Missionary Society, letter of March 5, 1853. Congregational Home Missionary Society, Letters from Missionaries in Oregon, 1849-1893.


    From the Alta California of Feb'y. 19 we learn that the California Legislature have decided that Althouse Creek and Walling's ranch in the Klamath country are situated in Oregon--or above 42. The question arose on Mr. Van Dyke's seat being contested by Mr. McMahon. These two precincts gave Van Dyke, the sitting member, his election. The House, after examination and argument, decided 33 to 24 that these precincts should be thrown out, and gave McMahon the seat.


    Very rich diggings were lately discovered upon Althouse Creek, a tributary of Rogue River, distant about 60 miles to the northward of Yreka. The miners are rushing thither in great numbers. The diggings about Jacksonville are also very good, and have been so all winter.
    A party are out endeavoring to find a trail over the Coast Range from Yreka to the new town just starting on the coast, below Scottsburg.
'From Yreka," Shasta Courier, Shasta, California, March 12, 1853, page 3

    Ed. Times: We had a meeting of the Democracy here yesterday, which passed off to the satisfaction of our friends, but was somewhat displeasing to the "people's party," who thought they had lulled Democrats to sleep by the hypocritical cry of no party. The Whigs had the cards all stacked, but just as they were going to deal themselves four aces a call was made for a new shuffle; the next hand they held "nary par," and so didn't go in. The meeting was large, some three or four hundred being present, and was addressed at length by Hon. George E. Cole, who was listened to with interest and attention. Resolutions were presented approving the nomination of Gen. Lane &c., which you will doubtless receive for publication. The Whigs looked wild at the proceedings, and began to think that when they counted on Jackson County for Whiggery, they had "reckoned without their host." Gen Lane has a host of friends here--even many of the Whigs will vote for him in preference to Skinner. Many of them don't like Skinner's timid course during the Indian difficulties here in July. While many will not vote at all for Delegate, not a few of them will vote for Gen. Lane. This "people's party" don't take well with the honest portion of the Whigs, who declare they had rather be beaten while sailing under their true colors, than succeed under false ones.
        ITEMS.
Oregon Weekly Times, Portland, May 28, 1853, page 3


Shasta Courier, Shasta, California, June 4, 1853, page 1

District Attorney.

	C. Sims	447		S. F. Chadwick	124
	D. W. Bremen	388		W. G. T'Vault	33

    We are indebted to Wm. McMillan Esq. for the first election news from the south. He arrived here on Wednesday evening, seven days from Jacksonville. He reports Jackson Co. 88 maj. for Lane, Douglas 150 for Lane, Umpqua 25 maj. for Skinner. Two Democrats have been elected, certain, to the Legislature, from Jackson Co., Miller and Thorp, while Nye (Whig) and Ambrose (Dem.) are nearly tied.
    T. McF. Patton, Esq. (Whig) has probably been elected Probate Judge, and Galley is elected Sheriff. He left Gen. Lane at Winchester, who will be in, probably, today.
    Mr. McMillan informs us that Mr. Knott (well known here) was in custody for having, on election day, shot a man in the neck, by the name of Hill. Hill, it was thought, would not recover. The affair was occasioned, it is said, by an old grudge between the parties.
    The miners at Althouse were doing very well--better than heretofore. Provisions were plenty--prices reasonable.
Oregon Weekly Times, Portland, June 18, 1853, page 2


    1. Under the provisions of the act of Congress, approved February 14th, 1853, entitled "an act to amend an act entitled, 'an act to create the office of Surveyor General of the public lands in Oregon, and to provide for the survey, and to make donations to the settlers of the said public lands,' approved September 27th, 1850," the time allowed for making settlements in Oregon, (including the Territory of Washington, since established), under the terms of the fifth section of the act of 27th September, 1850, is extended from the 1st December, 1853, to the 1st December, 1855.
    2. The original act provided that a patent shall not be issued to a donation claimant until after he shall have occupied and cultivated the land for a term of four consecutive years; whereas the amended act provides that after having occupied and cultivated the same for two consecutive years, the settler may obtain a patent by paying for the land at the rate of a dollar and a quarter per acre.
    3. Settlers on surveyed public lands in the Territories of Oregon and Washington are required to give notice thereof to the Surveyor General, according to the prescriptions in the act of 27th September, 1850, concerning which instructions have heretofore been given; but under the late amended act, settlers on lands not yet surveyed must file their "notifications" of the same with the Surveyor General on, or prior to, the 1st December, 1853; and settlers on surveyed lands, claiming under the provisions of the fifth section of the act of 27th September, 1850, must file their notifications of settlement as aforesaid, on or prior to 1st April, 1855.
    Failure to file such notice as aforesaid will, in either case, operate as a forfeiture of the claim.
    4. The particular form of settler's notice is not material. Printed blanks, however, will be furnished by the Surveyor General on application. The facts in regard to the settlement are all to be substantially set forth, viz., the settler's name; when he arrived in the Territory; whether a married or single man; if married, the name of his wife, and names of his children or "heirs-at-law," if any; the date of commencement of his settlement; the location, as precisely as it can be described and identified in respect to adjacent natural objects and the claims of others.
    5. In case of the death of a settler (a married man), after having filed his "notification" with the Surveyor General, and at any time prior to the expiration of the four years' continued occupation and cultivation of the land, as required by the act of 27th September, 1850, all the rights of the deceased "descend to the heirs-at-law of such settler, including the widow, where one is left, in equal parts, and proof of compliance with the conditions of the act up to the time of the death of such settler shall be sufficient to entitle them to the patent."
    6. In the event that the wife of a settler should die after settlement (and notification of her claim has been filed with the Surveyor General) at any time within the four years' continued occupation and cultivation required by law, the right of the decedent inures to the husband and children in equal proportions and in that case the land of the deceased can be paid for at once.
    7. The act of 27th September, 1850 (sec.4.), grants to every white settler or occupant of public lands then residing in Oregon, or who shall reside therein before 1st December, 1850, 320 acres to himself, and a like quantity to his wife, if married, and half that quantity is granted by the 5th section to a married man and his wife who settled, or shall settle, between the 1st December, 1850, and 1st December, 1853, since extended to 1st December, 1855. In either case the patent for the wife's share, when liable to be issued by law, will be in her name.
    8. It has already been decided that a widow being "a settler and occupant" on the public lands, on or prior to 1st December, 1850, is included within the general provisions of the act of 27th September, 1850, made for "every settler or occupant," and that she may therefore claim as such, in her own right, under the terms of the law.
    9. The act of 14th February, 1853, however, makes provision for two other classes of widows in the following terms, to wit.
    "Section 8. And be it further enacted, That each widow now residing in Oregon Territory, and such others as shall located in said Territory, whose husband, had he lived, would have been entitled to a claim under the provisions of the act to which this is an amendment, shall be entitled, under the provisions and requirements of said act, to the same quantity of land that she would have been but for the death of her husband; and that in case of the death of the widow prior to the expiration of the four years' continued possession required by said act to which this is an amendment, all the rights of the deceased shall inure unto, and be vested in, the heirs-at-law of such widow."
    This enactment provides for widows residing in the Territory on 14th February, 1853 (the date of the act), and also for such others "as shall locate" in the Territory, whose husbands, had they lived, would have been entitled to a "claim" under the provisions of the act of 27th September, 1850. In both cases the husband did not live to make a claim; in the first case he is regarded as having died in Oregon; and in the second, to have been in actual course of emigration thither for the purpose of making a claim, and to have died on the way, leaving a wife to enter the Territory as a widow. Had the husband, in either case, lived to make a claim to a quarter section, or 160 acres, in his own right, he would have been entitled to receive a patent for it after having occupied and cultivated the land for four consecutive years; and under the act of 14th February, 1853, he would have had the additional privilege of acquiring title by making payment to the Surveyor General for the land at $1.25 per acre, after having occupied and cultivated it for two consecutive years. All of these privileges are now made to inure to the widow. She may either acquire a patent by occupying and cultivating the land for four years, or by paying for it as aforesaid after two years' occupation and cultivation. After having made known her claim, according to law and instructions, should she die before the expiration of the four years, "all the rights of the deceased shall inure unto, and be vested in, the heirs-at-law of such widow," who may acquire title either by continued occupancy and cultivation, or by payment, as the widow, had she lived, would have been permitted to do. To secure the privilege of making a claim under the law, a woman, alleging herself to be a widow, and so entitled, must file with the Surveyor General her solemn declaration before a magistrate, judge, or other officer, having authority to receive such declaration (or such declaration may be made before the Surveyor General), setting forth circumstantially the facts of her case, to wit, the object her husband had in view in emigrating to Oregon; the particulars attending his death; whereabouts he died; and if on the way to Oregon, how many days' travel from the States; the number and names of her children, if any, and the time when she entered Oregon west of the Cascade Mountains, and any other particulars she may see proper to give; all of which to be sustained by the solemn declaration, oath, or affirmation of such witness or witnesses as she can adduce, and the same to be given with minuteness sufficient to satisfy the Surveyor General; and, in connection with such evidence of right, the widow may be permitted to file her "notification" of claim in the form heretofore prescribed, or indeed, otherwise, if more convenient, in the same manner her husband, had he lived, would have been permitted to do.
Oregon Weekly Times, Portland, June 25, 1853, page 2


The Mountain Herald, Yreka, June 18, 1853, page 3


    DEALERS in DRY GOODS, GROCERIES, HARDWARE, CLOTHING, WINES and LIQUORS, &c., &c.
    THE above goods will be sold on reasonable terms, and the highest price will be paid for GOLD DUST.
The Mountain Herald, Yreka, June 18, 1853, page 3


NOTICE is hereby given that the firms known as J. K. Lamerick & Co. and Con. A. Hillman & Co. have this day dissolved by mutual consent.
Jacksonville, O.T., June 8, 1853.
The Mountain Herald, Yreka, June 18, 1853, page 3


THE proprietor would respectfully announce to his friends, and the public, that the ROBINSON HOUSE is now open for the accommodation of all who may be pleased to favor it with their patronage.
    The ROBINSON HOUSE is one of the first and Most Commodious Hotels in Oregon or California, no pains or expense having been spared in its erection, neither will any be to make the stay of patrons pleasant and agreeable. His
will be supplied with the best the market afford, including all kinds of vegetables grown in the fertile valley of Rogue River; and the BAR with the Choicest Wines and Liquors, selected with the greatest care in the San Francisco market.
    A GOOD STABLE and Corral, plentifully supplied with forage and rain, is attached to the premises.
June 7th, 1853.
The Mountain Herald, Yreka, June 18, 1853, page 4


JUST RECEIVED, from San Francisco via Scottsburg,
    All the above Goods will also be found at our Branch on Greenhorn, for the same prices that we are selling for here.
The Mountain Herald, Yreka, June 18, 1853, page 4  These goods would have been transported by pack train, passing through Jacksonville.


    The Mountain Herald of the 18th says that the emigrant road from the Humboldt to Yreka is the nearest and best way into the beautiful valleys of Shasta, Scott and Rogue rivers.
    An Indian called Old Taylor, brother to Joe and Sam of Rogue River Valley, was hung lately for assisting in the murder of several white men.
    A young man, name unknown, was shot last week by the Indians between Althouse and Jacksonville. The wound, although severe, is not mortal.
"Siskiyou," Sacramento Daily Union, June 27, 1853, page 3

June 18, '53.       

    The Portland Commercial of the 25th gives the following particulars of the Indian troubles:
    Late on Saturday evening last, Mr. Ettlinger arrived here direct from Jacksonville, bringing a dispatch announcing that a general outbreak had taken place among the Indian tribes in the vicinity of Rogue River. It appears that for some time past the various tribes in the vicinity of the above-named river have made great complaints, and become generally dissatisfied with the number of Bostons who were congregating on their former hunting grounds, and this dissatisfaction has sprung into a burning desire to exterminate the whites from the region of Rogue River Valley and regain their former footing and reserve that entire valley for their own use. In order the more effectually to carry out these designs, several tribes have joined, among which are the Klamath, Rogue River, Smith River and Shasta, and it is supposed that a large portion of the Snakes had also agreed to cooperate with them.
    A portion of each of those tribes, to the number of about three hundred, have established their headquarters and stronghold at a point called Table Rock, said to be one of the most impregnable fortresses in the territory, and about eight miles distant from Jacksonville. If, therefore, any engagement should take place, we may presume that this fortress will be the scene of action. [The battle of Table Rock, so called, was actually fought several miles away on Evans Creek.]
    At the time Mr. E. left Jacksonville, nearly twenty persons had been butchered by the Indians. Among them are Dr. Rose, J. R. Hardin, Mr. Wills, Mr. Nolan, and Mr. Smith, and the Indians had burned upwards of a dozen dwellings.
    Heretofore the Snake and Rogue River Indians have never amalgamated for the purpose of acting against the whites, and if the report is true that they now have joined, it is a certain evidence that they have determined to carry on hostilities on an extensive scale, and the only effectual mode of putting a stop to their depredations is to apply a desperate remedy and teach them a similar lesson like unto that which the Cayuses have heretofore been taught by the old settlers in this valley.
    Like many other tribes, the Rogue River Indians derive their name from their propensity for stealing, and their well-known predatory talents have acquired for them the unenviable title of Rogues.
    We learn from the gentleman who brought the news that the Indians, during the past few weeks, killed no less than 20 miners and settlers, and that great excitement exists around and in Jacksonville, in consequence of the citizens not having ammunition enough to warrant them in commencing hostilities. Immediately on the first symptoms of a disturbance, an express was dispatched to Crescent City to procure aid and ammunition, but unfortunately there was but a small amount of the latter on hand, but that was freely given.
    Upon the return of the messenger from Crescent City, a dispatch was immediately sent to the Acting Governor, G. L. Curry, praying that one hundred stand of arms and 4,000 rounds of ball cartridge be sent to the relief of the citizens. The steamer Eagle was then chartered and proceeded to Vancouver, where, through the kindness and exertion of Mr. T. J. Eckerson, the keeper of ordnance and stores, the required supplies were obtained and were landed at Oregon City on last Sunday evening. On Monday they were placed on board the Fenix and forwarded to their destination.
    We learn that General Lane, at the head of seventy-five volunteers, proceeded to the scene of action immediately upon learning of the outbreak, and great praise is due to the citizens of the surrounding country for the prompt manner in which they responded to the call of their fellow citizens in Rogue River Valley.
    The foregoing is all we can learn upon this subject up to the present, and our readers may rest assured that we shall keep them "posted up" in all circumstances attendant upon this outbreak, which will prove disastrous to both the whites and Indians, as it will tend to stop the trade of one party and will stop the breath of many of those engaged with the other.
    SECOND DISPATCH.--Since the above was in type we learn that the Indians have added to the aggressions by brutally murdering Judge Skinner, Indian agent in that district. [Judge Alonzo A. Skinner was not murdered, nor even attacked.]
Daily Alta California, San Francisco, August 30, 1853, page 2


    THE INDIAN WAR IN THE NORTH--CALL FOR VOLUNTEERS.--An appeal is made by Mr. McMahon, in behalf of the citizens of the northern section of the state now exposed to the immediate danger of extermination by the Indians. There must be those who have the humanity and the opportunity to extend succor in this extremity. It is most important that relief should be extended at once.
    TO THE PEOPLE OF SAN FRANCISCO.--By the arrival of the steamship Thomas Hunt at this port on Saturday last, you have received intelligence of the resumption of hostilities by the Pit River, Klamath and other tribes of Indians against the white settlers in the Rogue River Valley. The Indians are bent upon an indiscriminate massacre of the whites, and they have sworn to drive them from the northern portion of California or to die in the attempt. All who are familiar with the character of Indians inhabiting that region know that this is no vain boast. They know that in battle there are no more resolute or desperate savages on the continent of America.
    I am and have been for many years a citizen of the county of Klamath, and represented that county in the last Legislature.
    From the period of the earliest settlement of Northern California by the whites the Indians have waged an incessant warfare upon them. They seem now to have concentrated their forces, and to have suddenly formed the desperate resolution of utterly expelling the whites from that portion of the country.
    The steamer Thomas Hunt will return to Crescent City, near the scene of hostilities, on or about Thursday next, the first proximo. The settlers in Rogue River Valley have appealed and are appealing to us to aid them in protecting their property and their lives. Language would be inadequate to describe the losses which they have sustained, in life and in property, by the hands of these infernal savages; it is sufficient to say that women and children are butchered with the same indifference as men. I therefore announce to the citizens of San Francisco that I am anxious to raise sixty volunteers to accompany me to Crescent City, and to render to the people of Rogue River Valley such aid as their necessities require. To all who are able and willing to join me in this expedition, I can truly say that their aid and cooperation will be gladly received, and gratefully acknowledged. I desire to raise a company of sixty men; each man to have $200, and to be armed with a rifle--a Colt's pistol (if possible) and a Bowie knife. I am poor, and can promise no pay to volunteers; their passage in the steamer, which will probably be reduced, and their other incidental expenses must be borne by themselves until such time as provision made for their compensation by the state or federal government.
    It must be remembered that Northern California is thinly settled by whites, and that a war of extermination has been commenced against them by several powerful and warlike tribes of Indians. This call is therefore only made upon those who are ready and willing to undergo the privations of a frontier life, and to fight when it is necessary. Should a company volunteer they will, of course, elect their own officers.
    Volunteers are respectfully requested to register their names at Daly's Mountaineer House, corner of Commercial and Kearny streets, where a muster roll will be in readiness.
    Editors of newspapers who are willing to aid me in carrying out the object indicated in the foregoing communication are respectfully requested to publish the same.
San Francisco, August 29, 1853.
Placer Herald, Auburn, California, September 3, 1853, page 3
A treaty was signed before any volunteers could have reached the Rogue Valley. The only women and children butchered were those of the natives.


    YREKA, Aug. 27th.--Our market prices are about the same as last week. Business very inactive, and no transactions of importance of any kind going on. There are but few pack trains arriving this week, owing to the Indian disturbances on Rogue River. Most of the packers are unwilling to return to Oregon, on account of the risk in getting through without having their mules shot, or perhaps the whole train taken. Flour, 23-25¢; Pork, 28-32¢; Bacon, 45-50¢; Butter (Oregon), 62-70¢; Sugar, 27-30¢; Coffee, 32-35¢; Tea, 90-$1; Beans, 28-30¢; Rice, 27-30¢; Salt, 20¢; Potatoes, 30-40¢; Lard, 45-50¢; Saleratus, 40-50¢; Whiskey, $3.50-$4.00; Brandy, $3.50-$6.00; Candles, 65-70¢; Soap, 35-38¢; Tobacco, 70¢; Onions, 20¢.--Herald.
"Commercial," Sacramento Daily Union, September 3, 1853, page 2


    A new harbor, said to be safe and commodious, has been discovered at Coos Bay, in lower Oregon, and a settlement has already been made upon its shores. A good road thence across the Coast Range to the mines has been laid out.
Shasta Courier, Shasta City, California, September 10, 1853, page 4


    EDITORS HERALD: Knowing that everything appertaining to the Indian difficulties in this quarter must interest your readers, I thought in the absence of other employment, before leaving myself, I would drop you a few lines for old acquaintance' sake.
    Well, at last the treaty is made, and the Indians are to be paid $60,000 for the land on this side of Rogue River, and $15,000 of the same is to be withheld and appropriated as an indemnification for some of the citizens of the valley. This treaty, as you are probably aware, has in its present form been pending some four or five days, and as your readers know the particulars of this so-called Rogue River war as well as your humble servant, I shall not attempt to revive the past, for it is neither pleasing nor flattering.
    A treaty has been made; and that it was absolutely necessary under existing circumstances no one will attempt to deny. But the general policy pursued previous to its final consummation is very unsatisfactory, and almost universally condemned.
    After the last battle, in which Gen. Lane and Capt. Alden were wounded, the Indians were allowed an armistice of seven days, at the end of which time they were to come in and made peace. If they did not do so, they were threatened with the most dreadful consequences. Instead of their coming in at the time appointed, it was the twenty-second or third day before a sufficient number of them could be prevailed on to come in. But they have come at last, and have agreed to remain on the other side of the river, except when permitted to cross by the Indian agent, who is to reside with them. Tipsy's band is still at large, and have thus far refused all overtures. They are still committing their depredations with impunity.
    As yet but few guns have been brought in, and some $200 in money. They have made no stipulations, however, for the surrender of any prisoners, and common justice cannot otherwise be satisfied for the murder of some of our most valuable citizens! Five hundred men lay idle and inactive for twelve or fourteen days after the armistice had expired; and it was for this reason that the volunteers of your own city, as also the Humbug and Crescent City companies, became dissatisfied and asked or demanded their discharge.
    They came to act, and not tamely to wait the convenience of a parcel of savages who had repeatedly violated their word, broken their treaties, murdered our citizens and stolen or destroyed our property as fast as their devilish ingenuity could devise; and let those who wish to vindicate the Indian character, and more particularly the conduct of the Rogue River Indians and their confederates, do so as much as they please, and find all the extenuation they can; but they should not close their eyes to the fact that the Indians have been for several months preparing for the fatal demonstration they have made.
    Capt. Terry and company asked for and received their discharge before the ratification of the treaty. They left in high dudgeon, declaring their unanimous disapprobation of everything.
    The hospital is still crowded with the sick and wounded. Through the streets may be seen men carrying their arms in splints and bandages; while others seem to be materially assisted in locomotion by the use of crutches.
    Two deaths in private families, from consumption, have transpired with an interval of only two days.
    To say that the town is dull, money scarce and business nearly stagnant, is only to convey a feeble idea of its general appearance. Merchants, farmers, mechanics and miners have no better employment as yet than to contest the point as to who have suffered the most by the Rogue River war. In a day or two I leave for the coast, and hope to be with you again in the course of three or four weeks, and enjoy the rights and privileges of a Yreka citizen.
Supplement to the Mountain Herald, Yreka, September 17, 1853


    DEAR J:--I send you by this mail the latest news from the mines. You will see that old Joe Lane is not inclined to lay back upon his dignity as a member of Congress and leave others to do the fighting. On the contrary, at the head of a small volunteer force, he has hastened to the seat of war, found the enemy, and whipt them.
    The old soldier was wounded in the action, but not allowing a wound to excuse him from duty, concludes an armistice with the Indians, and stays near them to see they keep it.
    Lane deserves the esteem of every one for his bravery, and promptness in chastising the Indians so soon. His popularity, though now immense, will be increased tenfold by it. It is right that he should be as, he is, immensely popular, for the man who is possessed of so much energy, and is so ready to use i for his neighbors' benefit, deserves their good wishes for so doing.
    The emigrants are coming in quite fast, and they look just as tired, starved, and used up as I looked last fall, wearing the indescribable look of usedupness everybody wears just after the trip across the plains.
    Business is quite brisk in our little city, and wages for labor reasonable.
Crawfordsville Review, Crawfordsville, Indiana, November 12, 1853, page 2


    The following dispatch from the office of the Mountain Herald, Downieville, gives other particulars:
    On the evening of the 11th inst., Dr. William R. Rose and John R. Hardin, while on their way to Dr. Ambrose's, from Capt. Alden's encampment on Stuart Creek, were waylaid by the Indians, and the former instantly killed and the latter dangerously, if not mortally, wounded. Dr. Rose was horribly mutilated, being found the next morning with his eyes dug out and his nose cut off. The Indians captured his rifle, revolver and clothing, together with $600 in cash.
    The Indian chief, John, on Lower Applegate, says that he is backed by the Shasta tribe, and it is known that a large number of the Klamaths are also with him, together with a certain Dr. Osmond, professing to be a white man. He is known to have furnished the Indians with ammunition since hostilities have commenced.
    We make the following extracts from a letter received by Mr. F. Rogers, from R. Dugan, Esq., dated Jacksonville, August 13th:
    The Indians have burned down the houses of Mr. Patrick, Capt. Jones, and also that of Mr. Anderson, together with his hay and oats. Night before last they burned Mr. Griffin's house and some haystacks; they also shot some of Mr. Griffin's fine American horses. Mr. Bruce had four of his mules shot. There is a great deal of stock killed and driven off.
"From Oregon," Kentucky Statesman, Lexington, October 4, 1853, page 2




    Dear Bush:--The company under Major Alvord and Capt. Applegate are just passing through the Canyon. This is the third company that has gone to the seat of war from this vicinity, viz., Gen. Lane's of 18 men (by Table Rock Road), Capt. Martin's of 10 men, via Canyon, and Capt. Applegate's of 20 men. There are now in the field from 350 to 400 men. I have just heard of an engagement which Gen. Lane had with the Indians a few days since near Table Rock. The Indians number about 300 and the whites 200. The Indians were defeated but with what loss the rumors differ. No lives lost upon the part of the whites; a few were slightly wounded. About 6 or 8 days since a company of 21 men from Yreka were surprised upon Evans Creek by the Indians, and lost 5 men in killed and 4 wounded, 18 animals and many revolvers and other arms. On the 24th a company which has been stationed at Bates' on Grave Creek surprised a party of Indians in the mountains and killed 6 of their number. These are all the reliable rumors that I have time to relate at present. The particulars of the different engagements I will give you as soon as I can obtain reliable information.
    There are a thousand rumors afloat, the majority of which are unfounded. The Indians did not attack nor burn Jacksonville. Nor did Gen. Lane shoot or hang any friendly Indians in South Umpqua Valley as has been maliciously reported. There are no two opinions alike in regard to the duration of the war. I think that the Indians will divide into small parties and fight whenever a good opportunity presents until they are exterminated.
Oregon Statesman, Salem, September 6, 1853, page 2






    Mr. Editor:--The attempt of a few persons who were dissatisfied with Gen. Lane's course in relation to the treaty, to get up an indignation meeting here on last evening, proved an entire failure, consequently some of our valiant men in talk were disappointed in not finding an opportunity to let off steam.
    A drunken loafer who never saw powder burnt rode through our streets yesterday, bawling at the top of his voice, "Ten dollars reward to the ladies of Jacksonville if they will present Jo Lane with a petticoat." All observers pitied the poor creature and regarded him as a hero who had purchased his patriotism for a quarter at the neighborhood doggery.
    The people are becoming satisfied with the treaty and are returning to their homes. There are some suspicions that the Indians have more credit for house burning than they are entitled to. The Indians say that a "Boston" was in their camp a few nights before the battle and furnished them with ammunition and advised them what course to pursue. They refuse to give his name. It will not be healthy for him if he is found out.
    Capt. Alden and others who were wounded are fast recovering. Mining business has been entirely suspended, but is beginning to be resumed.
    Never having seen Gen. Lane, my curiosity prompted me to visit his camp day before yesterday. Having seen generals in the States togged out in epaulets, gold lace, cocked hats and long, shining swords, I expected to find something of the kind at "headquarters." But fancy my surprise on being introduced to a robust, good-looking middle-aged man, with his right arm in a sling, the shirt sleeve slit open and dangling bloody from his shoulder, his nether extremities cased in an old pair of grey breeches that looked as though they were the identical ones worn by Gen. Scott when he was "exposed to the fire in the rear." One end of them was supported by a buckskin strap in the place of a suspender, while one of the legs rested upon the top of the remains of an old boot. His hair so twisted, tangled and matted that it would have frightened the teeth out of a currycomb, and set all tonsorial expectations at defiance, was surmounted by the remains of an old forage cap, which, judging from its appearance, might have been worn at Braddock's defeat. This composed the uniform of the old hero who never surrendered.
    The "quarters" were in keeping with the garb of the occupant, it being a rough log cabin about 16 feet square with a hole in one side, called a door, and destitute of floor or chimney. In one corner lay a pile of sacks filled with provisions for the troops, in another a stack of guns of all sizes, sorts and caliber, from the old French musket down to the fancy silver-mounted sporting rifle, while in the third sat an old camp kettle, a frying pan, a coffee pot minus a spout, four pack saddles, a dirty shirt, one old shoe, and a moccasin. The fourth corner occupied by a pair of blankets said to be the Genl.'s bed, and on a projecting puncheon just over it lay some articles said to be ammunition for the stomach in the shape of a chunk of raw beef and a wad of dirty dough. In the center of the "quarters" was a space about four feet square for the accommodation of guests. Such being the luxuries of a general's quarters, you may judge something how privates have fared in the war.
Oregon Statesman, Salem, September 27, 1853, page 2


    Dear Bush.--In my last dispatches I gave you a detailed account of the different engagements which were had with the Indians up to the time the armistice was granted. The armistice has been generally respected in this vicinity by both parties, but the Indians at a distance still continue to commit depredations.
    Three Mexicans were shot a few days since and a pack mule captured on Applegate Creek.
    Mongo, a half-breed, and Thos. Prewell, were killed and a third man wounded by the Indians near Long's ferry, on Rogue River, on Sunday last, while upon the same day the house of Mr. Raymond, near Jumpoff Joe, was burnt to the ground, consuming with it a great quantity of flour and groceries. Two other houses in the same neighborhood were also burnt.
    These outrages were in retaliation for the killing of seven Indians in the house of Mr. Bates, on Grave Creek. A report has just arrived from below that 20 Indians were killed by the whites after they had come in and laid down their arms to treat. Many other rumors are afoot in regard to the acts of the Indians, with which I will not occupy your columns in relating until I ascertain their truth. A few nights ago the people of Jacksonville were greatly alarmed by seeing fires and moving lights quite close to the town. It was supposed that the Indians were about to attack the place and burn it. A strong guard was stationed around the town with orders to fire upon any approaching object. This measure saved the town but--sad to relate--in the morning a white pig was found dead, and a friendly calf seriously wounded, whilst many an unoffending stump gave evidence of the vigilance of the guard and the accuracy of the aim. The sole cause of the consternation was an effort, made by parties unknown, to liberate four squaws who were held prisoners in the town. On the following day the squaws were removed to Gen. Lane's headquarters.
    A deputation arrived yesterday, with two flags, presented from the ladies of Yreka, to the two companies of volunteers formed in their vicinity, viz: Capt. Goodall's, of Yreka, and Capt. Rhodes', of Humbug. The flags are alike and each bears the name of the company to which it was presented.
    They were wrought by the delicate fingers of the fair lady donors themselves. Dr. Gatliff, of the deputation, delivered the flags to Gen. Lane for presentation.
    The ceremony of presentation commenced at 2 o'clock, and was conducted throughout by a spirit of intelligence and patriotism well worthy of the occasion, and which is ever found in any assemblage of Americans.
    The companies above named accompanied by the Crescent City Guards--as a guard of honor--having paraded a short time, were formed in line in front of the General's headquarters. Gen. Lane, accompanied by his staff, and Col. Ross, Major Alvord, U.S.A., and the other officers upon the ground, and the deputation from Yreka, advanced and took a position in the center of the line. The General, receiving one of the flags from Dr. Gatliff, advanced and presented it to Capt. Goodall, in a brief but very appropriate address. He complimented the company upon their gallant conduct in the field, and their good behavior on all occasions. He said that the alacrity and zeal manifested by the company in leaving their homes and rushing to the protection of the women and children of this valley were properly appreciated by the ladies of Yreka, and that present was as well deserved by the recipients as it was honorable to the donors.
    Capt. Goodall received his colors and replied that the honor conferred was duly appreciated--that gallantry in the field was a soldier's first duty, and was always accompanied by gallantry to the ladies, and that his company would carry their flag untarnished--that the eulogy conferred by the General was in itself a high honor, coming as it did from an old veteran, distinguished in many a well-fought field--that his words should be inscribed upon our hearts, as our own American eagle was upon our banner--that he regretted that sickness and the battlefield had decimated one-third of the company, who, could they be here, would know no greater honor than that conferred upon us this day by our General. On behalf of the company, he returned their heartfelt thanks to the ladies of Yreka.
    Capt. Goodall's remarks were received with enthusiastic cheers. His delivery was truly eloquent and impressive.
    The General next proceeded to present the flag to the Humbug volunteers. He complimented them also upon their gallant conduct, and said that braver troops he never led to victory.
    Mr. Van Wyke, on behalf of Capt. Rhodes and the company, replied, returning thanks for the honor conferred upon them by the ladies of Yreka.
    The ceremony being concluded, the troops were formed into a hollow square, when Gen. Lane being in the center, proceeded to address the citizens and soldiers upon the events of the war. He commenced by explaining the disposition of the troops and the arrangements made by Capt. Alden, U.S.A., at the time of his arrival at Jacksonville. At the request of Capt. Alden, and by unanimous consent, he undertook the command in chief. Organizing two battalions, he appointed Capt. Alden in the command of one, and at the same time requested him to act as his adjutant general, which the Capt. complied with, and continued to act in this double capacity until, seriously wounded, he was borne from the field of battle. The General here paid a glowing tribute of admiration to the character and services of Capt. Alden. He said: "His heroic conduct, his unflinching devotion, his ready expedients, and animating presence upon the field of battle, and his untiring zeal and unwearied exertions forming out of the plastic material before him a respectable army, are worthy of the highest admiration, and will be cherished in the grateful remembrance of the people as well as of the soldiers who participated in his toil." The General next proceeded to narrate the prominent events of the campaign. He spoke with much feeling of his interview with the chiefs upon the battleground. When he was seen within their breastworks every lip pronounced his name--Jo Lane, Jo Lane--and every swarthy cheek was bathed in tears. The wounded ceased their groaning and the wild Indian of the mountains slunk behind a bush or log in fear and awe. He appeared to them as a savior--in him alone could they confide--only Jo Lane could they trust. Old Joe (tyee) advanced to meet him and tell his story of the war. He said his tribe did not commence the war, on the contrary, when they refused to join the Shastas in their war with the whites, they notified the settlers of their danger; that the murders were committed by the Shastas; that it was not until the whites had shot or hung 14 of his tribe, many of whom were pet servants of the town, who were guilty of no offense, did he consent to the war. He said that he was not able to fight with the whites; that he desired peace and would consent to any terms to obtain it. After consulting with his entire force the General told Old Joe that the whites were disposed to give them peace if they would comply with their conditions. An armistice of eight days was the result of the conference, at the expiration of which time both parties were to meet at Table Rock. Now, said the General, this is the day upon which we were to meet, but a message from the Indians informs us that on account of their wounded they cannot arrive until tomorrow. The General next proceeded to remark upon the threats many were making to kill the Indians, whether a treaty was made or not. He hoped none would be so base as to put that threat into execution. If the Indian would not agree to the strictest terms--give up the murderers, and their arms, &c.--then he would give them war--war to the knife, and that to the hilt; but until these negotiations were finished he implored everyone within the reach of his words to have sufficient respect for himself, his country and his race to restrain him from any act of treachery.
    The General concluded by thanking the companies of volunteers from Umpqua and Douglas counties for the promptness with which they came to the aid of the people of this valley.
    Major Alvord, being introduced by the General, made a few appropriate remarks, but as I fear I have already trespassed too much upon your space I must defer his speech, together with many other interesting matters, until my next.
Oregon Statesman, Salem, September 27, 1853, page 2


    Dear Bush:--On Saturday last Old Joe and Sam (tyees), accompanied by the wise woman of their tribe, arrived at headquarters and held a "wawa" with Gen. Lane, in which the preliminaries of the treaty were concluded. There were present at the council Major Alvord and Capt. Smith, U.S.A., Colonel Ross, Captain Mosher, Capts. Miller, Goodall, Martin, Rhodes and Applegate. Besides those above named the Indians were represented by Ben, the heir apparent and son of Old Joe, four young squaws--hostages--and three warriors.
    The General and others, through Mr. Metcalfe, interpreter, closely interrogated the chiefs as to the cause of their hostility. They replied that they were entirely ignorant of the cause of war. That the first news they heard was that the whites were hanging and shooting every Indian who fell into their hands; that if whites were murdered in the first instance, they were innocent of the crime, and it must have been a party of Shastas who were the guilty party. They said they heard that the whites wished to kill them all, and they then thought that their only recourse was to take up arms and fight. They said that before taking up arms they applied to Skinner for protection, but he told them he was tyee no more; that they were glad Jo Lane was here, that they had known him before, and that he had never lied to them, and therefore they would trust in him and make a treaty in good faith.
    Not a syllable was elicited implicating either Old Joe or Sam, or any of the Indians under their immediate control, with any of [the] acts which led to the war.
    On Sunday Gen. Lane, accompanied by several officers, and Capt. Smith's company of U.S. dragoons, visited Joe's camp some six miles distant, for the purpose of concluding the treaty; but as all the warriors were not yet assembled, three days more were allowed Joe, for the purpose of visiting his people and gathering them in, but he was informed that if at the expiration of that time he was not ready to treat hostilities would recommence.
    Nothing of great importance has transpired since my last. The excitement is fast cooling down, and a desire for peace is gradually succeeding the desire for blood. The whites are suffering severely; their homes are deserted, their stock scattered abroad and entire ruin staring them in the face. They see but one alternative--peace, whilst many of those who have come to their assistance from a distance see another alternative--extermination, and in one instance have inscribed it upon their banner, and were they not restrained by the only man in Oregon who possesses the ability, their acts would be in accordance with their motto. There are some respectable men who advocate extermination, but they will live to repent it.
    When the excitement shall have passed, I will write you a chapter upon "The Heroes of the War." I will see their acts to the end and should they not receive their due it will not be for the want of candor on the part of
Oregon Statesman, Salem, September 27, 1853, page 2


    Sir:--I have the honor to report to you of  my safe arrival at this camp today, with the greater part of the ammunition and the gun, and take great pleasure in acknowledging the obligation I am under for the assistance you have afforded me through Capt. Nesmith and his company, without which it would have been utterly impossible for me to have gone through in the comparatively short time that I did, and had I been left entirely to my own limited resources, I do not think that I could have got through at all. The Captain was necessarily much detained by his instructions to remain with the gun, and the detention was increased by the bad weather. Had it not have rained, we would have reached our destination in ten days from Salem. It was an arduous task to get the carriages along, and frequently required the twelve mules and all the men that could get round to get one of the wagons up the hills. The men did exceeding good service, and for four days were constantly at the wheel. In the Canyon, they were for the greater part of two days in mud and water, and quite a number of the men were afterwards taken sick in consequence of the exposure thus incurred. Captain Nesmith himself was foremost at the wheel, and his example did much toward contenting the men with their hardships, and everything toward getting the gun through. Nothing has occurred since we started requiring the use of the gun here, except perhaps the moral effect of its presence upon the Indians, in which Gen. Lane seems to have great confidence, and he has expressed himself exceedingly well pleased with its arrival. With many thanks for your kindness and renewed acknowledgment of my obligations, I remain with great respect,
To Hon. George L. Curry,
    Acting Governor, O.T., Salem, O.T.
Oregon Statesman, Salem, September 27, 1853, page 1


    VALUABLE MAP.--We are indebted to our friend Octavian Hoogs, of San Francisco, for a very correct map of Southern Oregon and Northern California, from the latest and most authentic surveys, published by Thomas Tennant. This map is a most valuable pocket companion for a man traveling over the section of country referred to. See his advertisement in another column.
Shasta Courier, Shasta City, California, September 10, 1853, page 2




    Friend Bush:--A treaty between the whites and Indians of this valley, after several days wawa, was concluded on the 8th inst., the conditions of which are not generally known, save one, viz: those who have conceded engage to join the whites in exterminating the remainder, or rather those inimical, who do not belong to this valley proper. The general temper with which this treaty is received by the whites is by no means favorable, and fears are entertained that the Indians having had rather the advantage in every conflict, faith will not be kept longer than suits their treacherous nature. For my part, I am certain that, when the facts of the case are properly and generally known, the motives and sound judgment of those whose duty it was to make this treaty on the part of the whites will be appreciated and approved. Several companies have been discharged and returned home: the Yreka, Humbug, Crescent City, Mounted Ranger &c. Capt. John F. Miller and comp. ordered and left this morning for Klamath Lake, to meet and assist the immigrants into our valley. Capt. Nesmith, who arrived here a few days ago, with munitions of war, Captain Wm. Martin (of Winchester), Capt. Bob Williams and Capt. Owens' companies are retained until further orders.
    The whole number mustered into service I suppose to be some 500, all of whom will soon be discharged. I should observe that Capt. Smith, U.S. dragoons, and company will remain for cooperation with Mr. Culver, Indian Agent, and I firmly believe that peace and prosperity will again spread their happy influence through this valley.
    The Board of Commissioners of Military Affairs were called, just now, to receive a communication from the Indians of Applegate Creek, who have committed much depredation, to the effect that they wished for peace and treaty. Ordered that, if that were really their intention, now was the time, while the big tyee was in the county. This is what I had hoped, and stated before and now feel certain all will soon be right again, though Heaven knows our loss of human life, property, time and expense, special and general has been tremendous.
    I have not yet had the pleasure of seeing Gen. Lane, or Capt. Nesmith. My duties in the capital were such that I could not do myself the pleasure of making them a visit to camp, a delightful and highly picturesque situation on Rogue River, near Table Rock, some ten or twelve miles from town. I expect them here, though, in a day or two. Gen. Lane's wound is doing well; the wounded and sick, also.
    The U.S. District Court commenced here last Monday, 5th inst., Judge M. P. Deady presiding, and adjourned on the Thursday following. All passed off better under the circumstances than any dared expect at the commencement. Next term, 2nd Monday in November, will present quite a different and superior phase.
    A few of this year's immigrants have arrived in our valley, and doubtless many more would be here had they not been deterred by the unfortunate past. Now--Glorious, Halcyons! dreams of certain worthy bachelors I wot of--subject--buxom immigrant girls.
    A word on the treaty. The rational and those most interested in the valley have every confidence in the treaty--some deeply grieved for certain losses, and another careless class, though fond of excitement, would prefer and are clamorous for following up the war to the death, but the latter opinion will evaporate shortly, and the treaty become eventually popular. Some wicked punster reported the death, by Indians, of Judge Skinner and Mr. O'Reilly! Bah! the judge is ease and happiness personified.
Oregon Statesman, Salem, October 4, 1853, page 1


    Editor Statesman:--The sapient remarks of Toddy, in the last Sewer [i.e., the Oregonian], under the head of "Rogue River Indian War," are clearly indicative of his ignorance of the subject upon which he attempts to write. He therefore announces the important fact that "some men's bowels of compassion and feeling for the poor Indians are wonderfully exercised when it is for their political interests that they be so."
    Perhaps no men ever gave evidence of more and better-filled "bowels" in the presence of an enemy than Toddy's own friends, Skinner and Gaines. The latter hero intended to have gathered laurels and "political interest" in the late Rogue River war, but was deterred from volunteering by the report that those Indians gave no quarter, which led him to the conclusion that his "bowels" would be unsafe in a surrender. Now that war is over, it is appropriate for such men as Toddy to talk loudly of extermination, and assume all the fierceness of Col. Pluck. If he should ever need any exercise for his own bowels, or legs either, he will be saved the trouble of hunting "poor Indians" by making good his vaunting threat to Lownsdale.
    After exhausting the "bowel" question Toddy goes on to say that "there are many things which have recently transpired in connection with this war that have a wonderful squinting towards the manufacture of political capital for some would-be great men." Wonderful discovery, that, for Toddy. With him "distance has lent enchantment to the view," consequently his squinting has made him the victim of an optical illusion. If he had ventured up nearer he would have seen better, and might at the eminent risk of his "bowels" have had an opportunity to squint through the sights of a rifle in place of his political microscope. Poor fellow, since he did not hear the reports of the Indian rifles, he is now anxious to "see the report of the commander in chief," and it is to be hoped when the officers in command have recovered sufficiently from their wounds, that they will furnish Toddy a report as long as the smoke pipe of the
Oregon Statesman, Salem, October 4, 1853, page 2


    NEW PUBLIC ROAD IN SISKIYOU COUNTY.--A new field of enterprise for stage proprietors in Northern California is about being opened. A wagon road from Scottsburg to Jacksonville is nearly completed, and a line of stages is contemplated from the former place to Yreka.--[Union.
Daily Alta California, San Francisco, October 7, 1853, page 2


    A writer in the Mountain Herald contends that the interests of the people of Northern California and Southern Oregon demand that those sections of country should be united, and a separate state organization formed.
Placer Times and Transcript, San Francisco, October 7, 1853, page 2


Jacksonville, Sept. 30, 1853.       
    George L. Curry, Governor of Oregon, Sir:--I have the honor herewith to enclose a copy of a communication to Gen. Hitchcock, Commanding Military Department, Pacific Coast, detailing operations of forces under my command in the late difficulties with the Rogue River Indians.
Gen. Hitchcock, Military Dept.
    San Francisco, California.
        Sir:--On the 17th of August, I received information at my residence in Umpqua Valley that the Rogue River Indians, assisted by the Klamaths, Shastas, the bands living on Applegate and Grave creeks, had united and attacked the settlements in Rogue River Valley, near Jacksonville--that a number of persons had been killed, a large amount of stock killed or driven off, and houses and grain burned; and that companies were being formed for the defense of the settlements, and for the purpose of a general war upon the Indians. I promptly notified the citizens of the neighborhood, and advised with Maj. Alvord, who was then present engaged in the location of the road from Myrtle Creek to Camp Stuart, and immediately proceeded, accompanied by Capt. Armstrong, Messrs. Clugage, Nichol and some ten others, to the scene of hostilities. On the 21st, I arrived at the headquarters of our forces, on Stuart Creek, where I found Captain Alden, 4th Inf., who had promptly, upon the first information being received by him, at Fort Jones, on Scotts River, repaired to Jacksonville with ten men of his command (all who were fit for duty) and forthwith proceeded to take energetic measures for an active and effective campaign, by appointing four Commissioners of Military Affairs, and mustering into service all the volunteers for whom arms could be procured. His force, on my arrival, consisted of companies under captains Goodall, Miller, Lamerick and Rhodes, commanded by Col. John Ross, the whole under the command of Col. Alden. These troops had been actively engaged in scouring the country in all directions, and had succeeded in driving the main body of the Indians to their strongholds in the mountains; pack trains were being collected in view of an extended pursuit of the Indians, and all other preparations were being made with the utmost dispatch.
    At the request of Col. Alden and the troops I assumed the command of the forces, and on the 22nd, at 4 o'clock, a.m., left camp for the mountains, having divided the command into two battalions in order better to scour the whole country. One battalion composed of captains Miller's and Lamerick's companies, under the command of Col. Ross, were directed to proceed up Evans Creek (which empties into Rogue River from the north) and continue on, if no traces of the Indians were found, until the two detachments should meet at a point designated, but if the trail was found, to follow it, and bring the Indians to battle. At the head of the other battalion, composed of captains Goodall's and Rhodes' companies, commanded by Col. Alden, I proceeded by the way of Table Rock in the direction of the point designated on Evans Creek. After advancing about fifteen miles beyond Table Rock, I discovered the trail of the Indians, and encamped upon it. I took up the line of march early the next morning, and followed the trail with great difficulty, the Indians having used every precaution to conceal it; the country was exceedingly mountainous and almost impossible for animals, and as the Indians had fired the country behind them, the falling of the burning timber and the heat delayed our progress, while the dense smoke prevented us from ascertaining with certainty the face of the country. About noon we came to the place at which they had encamped a few nights before, by the side of a stream in a dense forest; here they had killed a mule and a horse they had captured in a battle some days previous, and used them for provisions. From this point we had more difficulty in finding their trail, it having been very carefully concealed and the mountains lately fired, but after some delay we again struck it. Late in the evening we came to the main fork of Evans Creek (now called Battle Creek) where we came to a spot at which the Indians had again encamped. Beyond this all trace of the Indians seemed to be lost; and, after searching in vain for the trail until dark, we were forced to encamp. The valley was very narrow and almost entirely covered with an impenetrable thicket of maple vines, leaving scarcely room for the men to lie down on the bank of the creek. The animals were closely tied to the bushes, there being no grass or forage of any kind. The command was ready to move by daylight; a party on foot early discovered the trail, and after cutting out the brush for nearly a quarter of a mile, we succeeded in reaching it with the animals. About a mile farther up we crossed Battle Creek and ascended a high, steep mountain which forms the dividing ridge of the numerous branches running into Rogue River. This part of the country had not been fired. About 9 o'clock, a.m., we arrived at another Indian camp on the ridge, at a spring, very difficult of access, on the side of a mountain. On leaving this camp, we found that the woods had been recently fired, which induced me to believe that the Indians were not far in advance of us. About a half a mile from the spring, as I was riding slowly in front, I heard the crack of a rifle in the direction of the enemy--without halting I proceeded to a point commanding the rapid descent of the trail from the mountain, and halting, could hear persons talking in their camp about four hundred yards distant, in a dense forest thick with underbrush, which entirely obstructed the view. As the troops came up, they were ordered in a low voice to dismount, tie their animals and prepare for battle. Col. Alden, at the head of Captain Goodall's company, was directed to proceed on the trail, and attack the enemy in front, while a portion of Capt. Rhodes' company were directed to follow a ridge running to the left of their trail, and turn their flank. Col. Alden proceeded to engage them in the most gallant manner, his well-directed fire being the first intimation of our approach. It being found impracticable to turn their flank, Capt. Rhodes proceeded at once engaged them on their right. The men were deployed, taking cover behind the trees, and the fight became general. I was delayed a few minutes on the hill for the arrival of the rear guard; these were dismounted, and all except fifteen men I immediately led into action. On arriving on the ground, I found Col. Alden, who had been shot down early in the fight, dangerously wounded, in the arms of his faithful sergeant, and surrounded by a few of his own men. The battle was now raging with great fierceness, our men coolly pouring in their fire, unshaken by the hideous yells and war whoops of the Indians, or by their rapid and more destructive fire. After examining the ground and finding that the enemy were securely posted behind trees and logs and concealed by underbrush, and that it was impossible to reach them except when they carelessly exposed their persons in their anxiety to get a shot at our men, I determined to charge them. I passed the order, led forward in the movement, and within thirty yards of their position received a wound from a rifle ball, which struck my right arm near the shoulder joint, and, passing entirely through, came out near the point of the shoulder. Believing at the time that the shot came from the flank, I immediately ordered our line to be extended to prevent the enemy from turning our flank, and the men again to cover themselves behind trees. This position was held for three or four hours, during which time I talked frequently with the officers and men, and found them cool and determined on conquering the enemy. Finding myself weak from loss of blood, I retired to the rear to have my wounds examined and dressed. While here the Indians cried out to our men, many of whom understood their language, that they wished for a talk; that they desired to fight no longer; that they were frightened and desired peace. Mr. Tyler was dispatched by Capt. Goodall to inform me of the desire of the Indians to cease firing and make peace. By this time, Robert Metcalfe and James Bruce had been sent into their lines to talk, and having informed them that I was in command, they expressed a great desire to see me.  Finding that they were much superior in numbers, being about two hundred warriors, well armed with rifles and muskets, well supplied with ammunition, and knowing that they could fight as long as they saw fit and then safely retreat into a country exceedingly difficult of access, and being desirous of examining their position, I concluded to go among them.
    On entering their lines, I met the principal chief, Joe, and the subordinate chiefs, Sam and Jim, who told me that their hearts were sick of war, and that they would meet me at Table Rock in seven days, when they would give up their arms, make a treaty and place themselves under our protection. The preliminaries having been arranged, the command returned to the place where they had been dismounted--the dead were buried and the wounded cared for. By this time Col. Ross with his battalion arrived, having followed our trail for some distance. This gallant command were anxious to renew the attack upon the Indians, who still remained in their position, but as the negotiations had proceeded so far, I could not consent. That night was spent within four hundred yards of the Indians, and good faith was observed on both sides. At the dawn of day, I discovered that the Indians were moving and sent to stop them until a further talk had been held. Accompanied by Colonel Ross and other officers, I went among them and became satisfied that they would faithfully observe the agreements already made. By the advice of the surgeon, we remained that day and night upon the battle ground, and then returned to Table Rock.
    Too much praise cannot be awarded to Col. Alden. The country is greatly indebted to him for the rapid organization of the forces, when it was entirely without defense. His gallantry is sufficiently attested by his being dangerously wounded while charging at the head of his command, almost at the enemy's lines. Captains Goodall and Rhodes, with their companies, distinguished themselves from the beginning to the end of the action; for their cool and determined bravery--no troops could have done better. The command of Col. Ross, under Captains Miller and Lamerick, although too late to participate in the action, made a severe march through the mountains and arrived on the ground one day sooner than I expected them--their presence was of great assistance to us.
    Our loss in the battle was three killed--Pleasant Armstrong, John Scarborough and Isaac Bradley--and five badly wounded--Col. Alden, myself, and privates Chas. C. Abbe (since dead), Henry Flesher and Thomas Hays. The Indians lost eight killed and twenty wounded, seven of whom we know to have since died.
    Soon after my return from the mountains, Capt. A. J. Smith, 1st Dragoons, arrived at camp with his troop from Port Orford--his arrival was most opportune; his presence during the negotiations for a peace was of great assistance, while his troops served to overawe the Indians.
    The Governor of the Territory, upon the first information being received by him, promptly ordered out a company under Capt. Nesmith, and sent them as an escort for a large quantity of arms and ammunition which were procured from Ft. Vancouver and purchased elsewhere. Capt. Nesmith arrived after the negotiations had been commenced, but was of great service to me from his intimate knowledge of the Indians and their language. Lieutenant Kautz, 4th Inf., accompanied Capt. Nesmith, and had in charge a twelve-pound howitzer and caisson, which he brought safely into camp, although the road is a very difficult one and seldom traveled by wagons.
    A treaty of peace has been made with the Indians, and I have no doubt that with proper care it can be strictly maintained. The tribe is a very large one, and to a great extent controls the tribes in this part of the country--a peace with them is a peace with all. This, in my opinion, can only be perfectly secured by the presence of a considerable military force in this valley. I would therefore most earnestly recommend the establishment of a military post in the Rogue River Valley without delay.
    To Robert Metcalfe, who acted for me as scout and guide, I am indebted for the faithful discharge of his duty. John Cosby, James Bruce and George W. Tyler did good service in the same capacity.
    On the expedition to the mountains, from the 22nd to the 26th, W. G. T'Vault, Esq., acted as my volunteer aide. At that time, Capt. C. Sims joined the command and handsomely performed the duties of assistant adjutant general until the 29th, when compelled by sickness to resign. Since that time, Captain Mosher, late of the 4th Ohio Vols., has performed the duties of that office.
    Dr. Ed. Sheil, Geo. Dart, Richard Dugan and L. A. Davis, the commissioners appointed by Col. Alden, were most active in the discharge of their duties, and kept the command supplied with provisions, transportation and other necessaries for carrying on the war.
    Maj. Chas. S. Drew, assistant quartermaster, with his assistants performed their duties with promptness and accuracy.
    Dr. E. H. Cleaveland, surgeon general, and his assistants were unremitting in their attention to the sick and wounded.
Oregon Statesman, Salem, October 11, 1853, pages 1-2. Also printed in the Oregon Weekly Times, October 29, 1853, page 1.




    Gen. Lane very unexpectedly returned to this place on Tuesday, and on Thursday proceeded down the valley on his way to Washington. He will leave on the first steamer.
    His return through the Willamette was unexpected to himself, expecting to be detained in Rogue River too late to permit him to pass this way, and so advising his friends in the valley. But the arrival of Col. Wright with four companies of U.S. infantry of twenty men each, earlier than was anticipated, induced him to gratify his anxious wish to visit his family and his friends in this part of the Territory. His wound has nearly healed, though he has not yet recovered the use of his arm. In other respects he is in excellent health and spirits.
    Col. Wright is preparing winter quarters for his men, and will remain in the country for the present. These forces will do much towards preventing aggressions, and preserving peace. Three of the companies are from Benicia, in command of Maj. Patten, the poet and soldier; the other is from Fort Reading, the whole under command of Col. Wright, an experienced and efficient officer.
    Gen. Lane had with him, and will take to Washington, a sprightly Indian lad of sixteen or seventeen years, an only son of "Joe," the head chief of the Rogue River tribes. He was given to him by his father as a hostage and a guarantee that his people should observe the treaty. He said "as proof that I have confidence in you, and that I intend to observe the treaty in good faith, I give you my only son, who is dearer to me than life, to take with you to the States, and if I violate the treaty you have permission to hang him." He will be brought back by Gen. Lane when he returns, and restored to his people, and his visit to Washington and return among the Indians must have a great moral effect upon them.
    Before leaving Gen. Lane, accompanied by two men, went into the mountains to have a "talk" with "Tipsy," the chief of the Klamaths, who is supposed to have done much towards inciting the recent hostilities. After much difficulty they found him, among the mountains and in the heart of a dense forest, with forty or fifty warriors of his tribe. They sent a messenger to him, telling him that they had come to hold a "talk" and make peace. He informed them that he would meet them the next day at a place named, and still more strongly guarded against surprise and attack, he fearing that was meditated. After a hard day's ride on the following day they reached the spot designated, and the General and his men approached "Tipsy's" camp. The General asked him if his heart was good, and disposed to peace? He replied that he didn't know, that that depended on their hearts; if their hearts were good, his was good; if theirs were bad, his was bad. The General camped with him during the night, and remained the next day having a talk with him, returning, a day or two after he went back, and a permanent peace was agreed upon. "Tipsy" was very timid, and afraid of being betrayed.
    Everything was quiet when Gen. Lane left; the people were fast returning to their employments, and the country resuming its wonted business appearance.
Oregon Statesman, Salem, October 11, 1853, page 2


    THE INDIAN MASSACRE IN OREGON.--It was stated in yesterday's Sun that among those recently massacred by the Indians near Jacksonville, Oregon was Mr. Overbeck. This has given rise to apprehensions among his relatives here that Mr. Overbeck, who formerly kept a confectionery store in Howard Street, in this city, is the person referred to. Mr. O., with his family, left this city a few years ago, and took up his residence in Platte County, Mo., from whence he subsequently emigrated to Jacksonville, Oregon. His daughter married a gentleman named Miller, and we notice by an extract from the Mountain Herald that "the Indians attacked the houses of Messrs. Miller and Stone, on the 8th of August, but the result was not known."
The Sun, Baltimore, Maryland, September 28, 1853, page 1


    We received by Adams & Co. the Siskiyou Mountain Herald of the 24th ult., in which we find the following items of news: . . .
    Col. Wright U.S.A. and command passed through Yreka on the 22nd ult., en route for Rogue River Valley.
    MINING.--In the deep diggings above Yreka, Messrs. Stone & Co., four men, took out on the 20th ult. nineteen and a half ounces. One pan of dirt yielded nine ounces and six dollars. The largest piece weighed fifty dollars. The same claim yielded, last week, four hundred dollars. Some others are doing very well near the above claim.
    Miners had been much injured by a rise of the waters in Scott River.
    At Humbug, on the Klamath River, two men recently took out $1000 in twelve days. They are finding new diggings in that vicinity. Most of the miners there are making very good wages.
    YREKA.--The question is often asked in the South, says the Mountain Herald, "where is Yreka?" Persons in Sacramento and San Francisco have but an indistinct idea of the locality of this place. For their information we would state that Yreka is situated about 125 miles north of Shasta City, by a mule trail over a very rough country, through which it is next to an impossibility to make a wagon road without going to the east of Shasta Butte, which route would make the distance from this place to the Sacramento Valley from 150 to 200 miles. We have a wagon road, however, from this place to Oregon, through the Rogue River country, and into the Umpqua and Willamette valleys. The distance, however, to the seaports in Oregon, accessible at this time by wagons, is so great as to preclude all transportation of merchandise whatever.
    Merchandise for this place is packed on the backs of mules, either from Red Bluffs or Shasta in the south, or from Crescent City or Scottsburg in the north.
    The town is situated in a branch of Shasta Valley, in the midst of a country the resources of which for the production of wealth, both agricultural and mining, are equaled by few, and not surpassed by any on the continent.
"From the North," Democratic State Journal, Sacramento, October 4, 1853, page 2


    MORE BAD FAITH.--A few days before Gen. Lane left, a number of Capt. Williams' men commenced firing upon a party of Joe's Indians, men, women and children, who were fishing in Rogue River. They did not return the fire, but sheltered themselves from it by lying upon the ground behind a shelter they had erected. Some ten or twelve rounds were fired without effect. Joe immediately made his way to Gen. Lane's quarters and complained that the whites had violated the treaty. The General explained to him that the act was committed by some irresponsible, bad men and that the white people were not accountable for it. The presence of Col. Wright's command will be likely to put a stop to such conduct.
Oregon Statesman, Salem, October 11, 1853, page 2


    At a meeting of the citizens of Rogue River Valley, held at the Robinson House, in Jacksonville, on the 24th September, A.D. 1853, for the purpose of adopting such measures as to prevent the trafficking of arms and ammunition with the Indians, the following proceedings were had:
    On motion of C. Sims, Col. John E. Ross was called to the chair, and on motion of Dr. Ambrose, C. Sims was chosen secretary of the meeting.
    The chairman then proceeded to state the object of the meeting.
    On motion of Dr. Ambrose, to appoint a committee of three to draft resolutions expressive of the voice of the meeting, Dr. Ambrose, Capt. John K. Lamerick, and C. S. Drew were accordingly appointed.
    During the absence of the committee, the meeting was addressed by Gen. Lane and Col. T'Vault, in an eloquent and forcible manner.
    The committee reported the following preamble and resolutions:
    Whereas, we the citizens of Jackson County view with pleasure and delight the restoration of safety and quietude to our valley; and whereas, we confidently believe that our present security and tranquility are the offspring of the vigilant and energetic action of our citizens and California brethren, and of the happy conclusion of the late treaty with the Indians; therefore, be it resolved by the citizens of Rogue River Valley--
    1. That we the citizens of Jackson Co. view the late treaty made with the Indians of this valley as the only effectual mode of resuming friendly relations between the white settlers and the Indians.
    2. That it is our sincere desire that the said treaty should remain permanent, and that the rights of the Indians under that treaty should be faithfully observed and respected by the citizens of this valley.
    3. That we look upon any person who would attempt to violate any of the provisions of this treaty as unworthy of the esteem of his fellow man, and undeserving [of] the rights and privileges of citizenship.
    4. That we deem the trading of arms, powder or lead or caps to the Indians as highly improper and injurious; and any person who shall be found trading such articles shall be deemed guilty of improper conduct and upon conviction thereof shall be punished with one hundred and fifty lashes, and be made to leave the valley in the space of 24 hours thereafter.
    5. That proper steps be taken by the citizens of this valley to form a vigilance committee, whose duty it shall be to carry into execution the punishment mentioned in the 4th resolution, and that the names of said vigilance committee shall never be made public.
    6. That we mutually pledge ourselves to sustain the vigilance committee in the performance of their duties.
    7. That we tender our heartfelt thanks to Gen. Lane and Capt. B. R. Alden for their valuable services rendered in the late Indian war, and for the deep interest manifested by them for our future welfare and security.
    8. That we also tender our thanks to Capts. Lamerick, Miller, Goodall and Rhodes, of Yreka, and Capt. Terry, of Crescent City, and Williams, also Capts. Applegate and Martin, of Umpqua, and Capt. Nesmith of Willamette.
    9. That our best feelings are tendered to our citizen, Col. John E. Ross, who so ably conducted his battalion in the late war.
    On motion of Dr. Sheil, it was ordered that the proceedings of this meeting be published in the Oregon Statesman.
    On motion, the meeting adjourned.
Oregon Statesman, Salem, October 11, 1853, page 2




    Capt. Goodall, of the Yreka Volunteers, and Capt. Rhodes, of the Humbug Volunteers, will march their respective commands to Yreka today, where they will muster them out of the service of the United States.
    In taking leave of these troops,the General commanding takes occasion to testify his admiration of their courage and general good conduct while in the service.
Oregon Weekly Times, Portland, October 15, 1853, page 2