SW Oregon History: Correspondence, 1853

SW Oregon History:

Selected Excerpts of Correspondence & Reports

Filed with the US Office of Indian Affairs, 1853

Compiled and Organized by Bob Zybach, 2007

The following list of excerpts regarding US handling and perspectives of the Rogue River Indian Wars were taken from official records of the US Office of Indian Affairs. These selections and index were made under contract to NW Maps Co., as background research for a long-term forest science project on USDI Bureau of Land Management lands in the Applegate River and Cow Creek subbasins in southwest Oregon. The primary research project has been headed by Michael Newton, College of Forestry, Oregon State University, since its inception nearly 30 years ago.

Most of the following selections were obtained in digital format via the online "Native American Documents Project" (NADP) on the California State University, San Marcos website: http://www.csusm.edu/nadp/. The NADP was started in 1992 by Professor E. A. Schwartz, who completed his doctoral research in 1991 on the topic of the Rogue River Indian Wars. All NADP excerpts include an active link to the project's homepage. The NADP recommended method of citing these resources are given here: http://www.csusm.edu/nadp/citation.htm

NADP Homepage
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Palmer to Manypenny, 8 July 1853, in United States, Office of Indian Affairs, Letters Received by the Office of Indian Affairs, 1824-1880, National Archives Microcopy 234, Roll 608 (excerpt), NADP Document D16.
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Much excitement exists in the Rogue River Country in consequence of the alleged murder of a party of white men by the Indians. My information is that during last winter a party consisting of seven white men and an indian woman, the wife of one of the men, were incamped about twenty miles below the lower crossing of Rogue river engaged in mining. There was but little intercourse between the settlements and parties so low down, but after the melting of the snow area the subsiding of the waters which had risen to an extraordinary height, information was brought by the Indians that these seven men had been drowned by the overflow of an island on which they were said to be incamped, and that the Indian woman had saved herself by climbing a tree.
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Events during the spring and summer occured to create suspicion that the seven men had been murdered by the Indians, and at length it became so strong that an Indian chief named Taylor was arrested, who confessed the crime and gave the particulars of the masacre. He stated that about thirty indians participated in the deed coming, stealthily upon the party by night while they were asleep in their cabins, and that the bodies of the murdered persons were thrown into the river. This was during the period of high water. Taylor gave the names of the Indians engaged with him in perpetrating the murder several of whom were well known to the whites. The indian woman also confessed her knowledge of the transactions and confirmed the statements of Taylor. This chief and three of his associates have been hung and two others shot, while a close watch is kept for the others implicated. It is supposed by some that the two head chiefs of the Rogue River Indians Jo and Sam were so far implicated as to receive a portion of the money taken from the murdered persons, which is supposed to have amounted to several thousand dollars.

I have the honor to be
very respectfully your
obedient servant
Joel Palmer

Superintendent of Ind. Affs.
Oregon Territory
Hon. Geo M Manypenny

NADP Homepage
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" Stipulations of a treaty," 10 September 1853, in United States, Office of Indian Affairs, Letters Received by the Office of Indian Affairs, 1824-1880, National Archives Microcopy 234, Roll 608, NADP Document D18.
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Stipulations of a Treaty made and entered into at table Rock near Rogue River in the territory of Oregon this 10th day of September A. D. 1853 by and between Joel Palmer Superintendent of Indian affairs and Samuel H. Culver Indian Agent on the part of the United States; and Jo, Aps-er-ka-har – Principal Chief, Sam, To-qua-he-or and Jim Ana-chah-a-rah Subordinate chiefs and others head Men of the bands of the Rogue River Tribe of Indians on the part of said tribe

Article 1st
The Rogue River tribe of Indians do hereby cede and relinquish for the consideration hereinafter specified to the United States all their rights, title, interest and, claim, to all the lands lying in that part of the Territory of Oregon, and bounded by lines designated as follows; to wit; Commencing at a point one mile below the mouth of Applegate Creek on the south side of Rogue River; running thence southerly to the highlands dividing the waters of Applegate Creek from those of Althouse Creek, thence along said highlands to the summit of the Siskiou range of Mountains; thence easterly to Pilot Rock; thence northeasterly to the summit of the Cascade Range; thence northerly along the said Cascade Range to Pitts Peak continuing northerly to Rogues River; thence Westerly to the head Waters of Jump off Joe Creek; thence down said creek to the intersection of the same with a line due north from the place of beginning thence to the place of beginning

Article 2nd
It is agreed on the part of the United States that the
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aforesaid Tribe shall be allowed to ocupy temporarily that portion of the above described tract of territory bounded as follows to wit: Commencing on the north side of Rogue River at the Mouth of Evans Creek, thence up said creek to the upper end of a small Prarie having a northwesterly direction from Table Mountain on upper table Rock, thence through the gap to the south side of the Cliff of the said Mountain; thence in a line to Rogue River, striking the southern base of Lower Table Rock; thence down said River to the place of beginning. It being understood that this described tract of land shall be deemed and considered an Indian Reserve until a suitable selection shall be made by the direction of the President of the United States for their permanent Residence and buildings erected thereon, and provisions made for their Removal

Article 3rd
For and in consideration of the cession and relinquishment contained in article 1st the United States agree to pay to the aforesaid tribe the sum of sixty Thousand Dollars; Fifteen Thousand of which sum to be retained (acccording to the stipulations of Article 4th of a Treaty of Peace made and entered into on the 8 day of September 1853 between Genl Jo Lane commanding forces of Oregon Territory and Jo principal Chief and Sam and Jim subordinate Chiefs on the part of the Rogue River tribe of Indians); by the superintendant of Indian affairs to pay for the property of the Whites destroyed by them during the late War, the amount of property so destroyed to be estimated by three disinterested Commissioners to be appointed by the superintendant of Indian Affairs or otherwise as the President may direct. Five Thousand Dollars to be expended in the purchase of
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Agricultural impliments, Blanketts, Clothing and such other Goods as may be deemed by the Superintendant or Agent most condusive to the comfort and necessities of said tribe on or before the 1st day of September 1854; and for the payment of such permanent improvements as may have been made by land Claimants on the aforesaid Reserve, the balance of which to be asertained by three persons appointed by the Said Superintendant. The remaining Forty Thousand Dollars to be pain in sixteen equal, annual instalments of Two Thousand five Hundred Dollars each, (Commencing on or about the 1st day of September 1854) in Blankets, Clothing, farming utensils, stock and such other articles as may be deemed most condusive to the interests of said tribe

Article 4th
It is further agreed that there shall be erected at the expense of the United States, One dwelling House for each of these principal Chiefs of the aforeside tribe. The cost of which shall not exceed five Hundred Dollars each, the aforesaid building to be erected as soon after the ratification of this Treaty as possible, and when the tribe may be removed to another Reserve, building and other improvements shall be made on such Reserve of equal value to those which may be relinquished, and upon such Removal in addition to the before mentioned sixty Thousand the United States agree to pay the further sum of Fifteen Thousand Dollars in five equal instalments commencing at the expiration of the before named instalments

Article 5th
The said tribe of Indians further agree to give safe conduct to all persons who may be authorized to pass
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through their reserve, and to protect in their person and property all agents or other persons sent by the United States to reside among them, they further agree not to molest or interrupt any White person passing through their reserve

Article 6th
That the friendship which is now established between the United States and the Rogue River tribe of Indians shall not be interupted by the misconduct of Individuals it is hereby agreed that for injuries done by individuals no private revenge or retaliation shall take place but instead thereof complaint shall be made by the party injured to the Indian Agent and it shall be the duty of the Chiefs of the said tribe that upon complaint being made is aforesaid to deliver up the person or persons against whom the complaint is made, to the end that He or they may be punished agreeably to the laws of the United States, and in like manner if any violation, robbery, or Murder shall be Committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried and if found guilty shall be punished according to the laws of the United States and it is agreed that the Chiefs of the said tribe, shall to the utmost of their power exert themselves to recover Horses or other property which has or may be stolen or taken from any Citizen or Citizens of the United States by any individuals of said tribe and the property so recovered shall be forthwith delivered to the Indian Agent or other person authorised to receive the same that it may be restored to the propper owner
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and the United States hereby guarantee to any Indian or Indians of said tribe a full indemnification for any Horses or other property which may be stolen from them by any Citizen of the United States, provided that the property stolen or taken cannot be recovered and that sufficient proof is produced that it was actually stolen or taken by a Citizen of the United States, and the Chiefs and head men of the said tribe engage on the requisition or demand of the President of the United States, Superintendant of Indian affairs, or Indian Agent, to deliver up any White person or persons residing among them

Article 7th
This Treaty shall take effect and be obligatory on the contracting parties as soon as the same shall have been ratified by the President of the United States by and with the advise and consent of the Senate

In Testimony whereof the said Joel Palmer and Samuel H. Culver on the part of the United States, and the Chiefs and head men of the Rogue River Indians aforesaid have hereunto set their hands and seals the day and year aforesaid

Signed in the presence of Joel Palmer
Superintendent Indian Affairs

J. W. Nesmith
R. B. Metcalf
Interpreters

J. D. Madero
T. T. Tierney
Secretaries

Joseph Lane
August V. Kautz
Witnesses

Samuel H.Culver
Indian Agent

John

Jo
Aps-er-ka-har

Sam
To-qua-he-ar

Lympe

NADP Homepage
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Palmer to Commissioner, 8 October 1853, in United States, Office of Indian Affairs, Letters Received by the Office of Indian Affairs, 1824-1880, National Archives Microcopy 234, Roll 608 (excerpt), NADP Document D20.
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[...] It is proper however here to state that before signing this, it was fully understood that a treaty of purchase for the extinguishment of their title to the lands claimed by them should immediately follow the treaty of peace. And in accordance with this understanding we met in council on the 10th day of Sept. and agreed on the terms of purchase.
It was doubted whether according to an Act approved Febry 27th 1851 providing "that such Officers and Agents in the Indian Department as the President of the United States may designate shall hereafter hold treaties with the Indian tribes," we were warranted in assuming that power, as no person now engaged in the Indian Department in this Territory has been designated in accordance with this act. But the necessity of some immediate and permanent arrangement by which the citizens as well as the Indians could hope to be secure in the possession of life and property, demanded, if not warranted by any existing statute, according to the great law of humanity, in consonance with which our Government has ever professed to act in her intercourse with the Indians, an assumption of power somewhere, to effect such an arrangement. It was believed that a treaty of peace, without extinguishing the Indians title to the country, would fail to restore and preserve it, as treaties of a similar nature had formerly been intered into with this tribe without any permanent good effect. Nothing short of the purchase of their entire country and assigning to them of a certain district for their temporary residence until a permanent home shall be provided for them in common with other tribes, could procure this desirable object. There is no doubt that the failure heretofor on the part of the Agents of the Government, & others assuming to hold treaties with these Indians and other tribes, to comply with the stipulations of such treaties [...]