It is no part of my intention to say anything that can with propriety be construed into a personal assault upon any gentleman here or elsewhere; and not withstanding I may in the course of my remarks animadvert with some severity upon the public acts of the Executive and his recognized organ, the “Oregon Statesman,” I wish it distinctly understood that I entertain no unkind feelings personally toward either Gov. Curry or Mr. Bush. I have only to do on this occasion with their public acts, which are legitimate subjects for criticism, both here and  I have said that false impressions have been made upon the public mind through the agency of the Executive, and his organ, the “Oregon Statesman;” and I will proceed in as brief a manner as practicable to give the evidence upon which this opinion is based; — for I ask no man to take my statements for truth without proof, in preference to statements made by correspondents of the “Statesman,” and which are endorsed by the editor, and the deliberate declarations of the Executive of the Territory over his official signature.

The readers of the “Statesman” will sustain me in the assertion that the whole tone and tenor of its correspondence and its editorials, from the 20th of October up to the present time, have been to make the impressions: first, that the war was provoked by the outrages committed by citizens of the Valley, and that the horrible massacres of Tuesday, the 9th of October last, would not have taken place, but for the lawless attack made by the citizens under the lead of Maj. Lupton and Gen. Miller, (both gentlemen of high character, and leading Democrats,) on the Kiota camp on Butte Creek, on Monday morning of the 8th of October last, the day before the general outbreak; secondly, that the force called into the field by Col. Ross, the legal military commandant of Rogue River Valley, were lawless parties of men, acting without authority of law, and with the view of waging a war of extermination against the Indians.

But lest this may be questioned by some, I will make a few quotations from the course of the Statesman facts of the case, for your judgment.

We copy from the Statesman of Oct. 20, the following:

“MATTERS SOUTH

Our correspondent “Nottarts,” mentions an attack upon a party of thirty five Indians near Table Rock. We learn from Mr.Swick - who was also our correspondent's informant, the particulars of that  attack to be as follows: the Indians were encamped there and consisted of men, women and children. In the night, a party of  eighteen men (two others being stationed on the opposite bank of the river to pick off any who might chance to escape and up near the camp and attempt to swim across it) could fire in the camp, and be out of sight of the Indians, until they were ready to fire again, when they could step up and fire & again retire from sight. As soon as it was light enough to discern the Indians, the attack commenced — being an indiscriminate slaughter of men, women and children. The Indians were surprised, and able to make little resistance and were soon all killed but one, who escaped. They had but two or three guns, and hit nobody with those. 

In the Statesman of Oct. 27th will be found the following, the concluding paragraph of a communication over the signature of “Nottarts,” dated Winchester, Oct. 14th, 1855:

“I think there is but little doubt that beyond the depredations already committed, and lives lost, little further danger is to be apprehended. My informant reports ample force and supplies to exterminate the race, “a consummation devoutly to be wished,” if a few reckless and irresponsible white men, who have been the first aggressors, could be made to bear them company to the other world.”

The following paragraph will be found in a long editorial on the subject of our Indian wars, of the same date, (Oct. 27th).

“Tho’ hostile feelings had before existed south, the immediate cause of the outbreak. on the 9th was the massacre near Table Rock on the 8th. It is not probable that, without the massacre, an outbreak would have occurred at that particular time and  there is no reason to suppose that, it would yet have occurred.”

That the Statesman’s editor was anxious to make the impression on the public mind that the 9th Regiment of Oregon Oregon militia, called into the field by Col. Ross, by authority of law, were lawless parties of men acting authority, is the fact that he represented  Capt. Smith of the Regulars as having command, and that the battle was fought by the regulars and two companies of volunteers from the Northern battalion under command of Capts., Bailey and Gordon, when he must have known that Col. Ross had the command, and consequently must have had with him a portion at least of his regiment. Hear what he says editorially in his paper of Nov. 10th:

“THE FIGHT SOUTH. — In the most of our edition last week, we gave a brief account of an attack upon the Indian camp in Rogue River, by a party of regulars and volunteers, in which the whites were repulsed, with a loss of three regulars and one volunteer killed, and twenty wounded - four mortally. The volunteer killed was a son of Rev. Jacob Gillespie, a member of the last Assembly from Lane county. He was in Capt. Bailey’s company, of that Co., which was in the engagement. It is said no Indian was killed..*** By dispatches received by us a few hours before news of the attack and repulse came, we learned that the Indians were encamped upon a high mountain, with their women and children, stock and plunder, which was heavy; (much having been lately captured from wagons and pack trains) that they were too much encumbered to move readily, and had evidently planted themselves there for a fight. They had fortified so strongly that Capt. Smith, of the regulars, deemed it unadvisable to attack them with rifles, fearing he would be repulsed. His plan was to plant his howitzers upon an eminence three-fourths of a mile distant, commanding their camp, and from which he could throw shell and grape among them — first waiting until a sufficient number of men had arrived to afford three columns, each sufficient to whip the Indians; and stationing them so that the enemy could not make its escape without encountering one of them, he proposed to drive them from their camp and fortifications with the howitzers, and then attack them with rifles. — The attack was made earlier than the above plan could have been perfected, and we are inclined to the opinion that the men became impatient, and made a premature attack, which resulted as Capt. Smith feared. ***** The bravery and coolness of Capt. Smith, of the regulars, is spoken of in the highest terms, and he is represented as now having the fullest confidence of both regulars and volunteers. It is said that he held the open field, exposed to the fire of the enemy, and it is thought to be surprising that he escaped unharmed. His men also behaved well.” 4

In the anxiety of the editor to keep Col. Ross in the background, and to laud Capt. Smith of the regular army, he has allowed himself to be betrayed into the political indiscretion of doing more than justice to the regular troops at the expense of the volunteer force, by bestowing unqualified praise upon them while he attributes the defeat of Cay~ain Smith’s well laid plans to improper conduct ~n the part of the volunteers.

If the editor of the Statesman was misled by false representations to do an unintentional injustice to the brave volunteers engaged in that hard fought and bloody battle, more destructive and bloody than the battle of Okee Chobee, in Florida, in proportion to the number in the field, why has he not done them justice in his paper of Saturday last, after having been forced to admit that he has been imposed upon by his southern correspondents. — Why has he not mentioned in terms of commendation the gallantry of Captains Bailey, Rinearson, Gordon, Williams, Harris, and Wilson, all of whom are justly entitled to as much credit as the editor has awarded so willingly to Captain Smith. Everybody on the ground knows that the commander, Col. Ross, was more exposed than Capt. Smith, and if it was "surprising,” as alleged by the Statesman, that Capt. Smith escaped unhurt, it is still more “surprising” that Col. Ross was not shot down, and yet there is no mention by the Statesman of his having been on the ground.

It is well known to everybody in Rogue River Valley that Maj. Fitzgerald had no opportunity afforded him while in the valley for a display of his acknowledged gallantry. He was not in the battle of “Grave Creek Hills,” being prevented by sickness, but his company was, under command of their Orderly, the Lieutenant being left in the rear with the baggage. The company did not distinguish themselves above any one company of volunteers on the ground, and yet hear what is said in the Statesman last Saturday, editora~zl1y, of them, while no one of the volunteer companies under command of Col. Ross has ever been complimented with a notice of the fact that they were in the fight:

“Maj. Fitzgerald’s command left here Tuesday morning, en route for the Dalles. The Major and his men have won a high fame south for gallantry and bravery, and the people in that section part with them reluctantly. We noticed that a large share of the men were ‘domned furriners’.”

A brave and chivalric man like Maj. Fitzgerald should rather consider himself insulted, than complimented, by such a notice, under all the circumstances, and will no doubt so regard it; for those who have won brevet ranks for gallantry in Mexico will not suffer themselves to be bedaubed’ with unmerited praise.

I will not spend time in furnishing further evidence to prove what I have charged as being the course of the Oregon Statesman in relation to the war. I will now proceed to give the evidence of the falsity of the charges made by the 
Statesnian, and which were, without qualification, reiterated and endorsed by the Executive in the Order to which I 
alluded in the outset; and to remove all doubt on that point, I will read this most extraordinary document, before proceeding to the proof:

"GENERAL ORDERS, NO~. 10."
"HEAD QUARTERS, TERRITORY OF OREGON, }
Portland, Oct. 26, 1855.
"INFORMATION having been received that armed parties have taken the field in Southern Oregon with the avowed 
purpose of waging a war
extermirnation against the Indians in that section of the Territory, and have slaughtered without respect to age or sex~ a band of friendly Indians upon their reservation, in despite of the authority of the Indian Agent and the 
commanding officers of the United States troops stationed there, and contrary to the peace of the Territory, it is therefore ordered that the commanding officers of the battalions authorized by the proclamation of the Governor of 
the 15th day of October' instant, will enforce the disbanding of all armed parties not duly enrolled into the service of the Territory by virtue of said proclamation.
"The force called into the service for the suppression of hostilities in the Rogue River and Umtxiua valleys, and chastisement of the hostile party of Shasta, Rogue River, and other Indians now menacing the settlements in southern Oregon, is deemed entirely adequate to achieve the object of the campaign, and the utmost confidence is 
reposed in the citizens of that part of the Territory that they will support and maintain the authority of the Executive by cordially co-operating with the commanding officers of the territorial force, the commanding officer of the United 
States troops, and the special agents of the Indian departments in Oregon.
"A partizan warfare against any bands of Indians within our borders, or on our frontiers, is pregnant only with mischief, and will be viewed with distrust and disapprobation by every citizen who values the peace and good order of the settlements. It will receive no countenance or support from the Executive authority of the Territory.
BY THE GOVERNOR
E.M. Barnum, Adj. General."

Not the least remarkable feature of this document is the fact that all the allegations are couched in positive terms 
nothing to indicate a doubt on the mind of the Governor of their truth; and yet we have the most conclusive and 
undeniable evidence, that all the allegations are false and unfounded in every substantial particular. I will take them up and dispose of them in the order in which the charges are made. And, first, "that armed parties have taken the field 
in Southern Oregon. The army in the field in Southern Oregon, at the time this order was issued, was called into the field by the legal and constitutional military commandant of that military district. They were regularly enrolled, supplies were regularly furnished by the legally appointed Quartermaster General, and every thing was done in strict accordance with the military law of the Territory, and military usage, as the records, journals, and accounts, kept by 
Col. Ross and Quartermaster General Miller, will show; consequently they were not in the technical sense, intended by the Governor, "armed parties, "but were regularly organized regiment of Oregon militia, called into service to meet an emergency that could not be met in any other way. It must be borne in mind, that the first company of volunteers calledinto the field by the Proclamation of the Governor, did not pass through the Canyon into the Valley until the night of the 30th of October, twenty days after the general outbreak of the Indians.
The second allegation is, that those armed parties "have slaughtered, without respect to age or sex, a band of friendly Indians upon their reservation." It is well understood that this charge has reference to the attack made by volunteers under the command of Maj. Lupton and Qr. Master Gen. Miller, on the morning of the 8th of October, the day before the general outbreak, and since this attack is charged as not having been the cause of the war, but as justifying the allegation of the Governor now under consideration, I must be excused for spending more time with it than at first blush may be thought necessary. The allegation that this attack was made "on a band of friendly Indians, on their reservation," is so palpably false and unfounded, and known to be so by everybody at all acquainted with the bounds of the reservation, that I will not detain you with the proof, although it will be found incidentally proven by the evidence I shall adduce in proof of the falsity of the other allegations.
No well informed man will question the statements of the Agent having charge of all the Indians in Southern Oregon, being the highest grade of evidence that can be adduced to settle questions now at issue; and I shall rely upon his statements to sustain the charge I made of the falsity of the preceding allegation, and the charge that all these allegations were committed in defiance of his authority; as also that the war was brought on by the whites. The following will be found in a communication published in the Statesman of Oct. 20th, 1855, over the signature of "4 
Miner," and which, I am authorized to say, was written by the Indian Agent, (Dr. Ambrose). If I have been misinformed, 
Mr. Bush knows and can set me right:

JACKSONVILLE, O.T., Oct. 11, 1855.
SIR - We are again in the midst of the most terrible Indian war ever known to this country. I doubt not but you may search the annals of history in in to find anything that exceeds, in savage barbarity, the deeds of these soulless miscreants; and doubt much if there ever lived a more formidable savage foe to the white man than this band of Shasta Indians. No pains have been spared to endeavor to civilize them, but without avail. It is consummate folly to endeavor to 
do anything with them but kill them off. On Monday morning last a company of Volunteers attacked a band of Indians 
camped on the ank of the river about one-half mile above 7hompson’s Ferry on Rogue River, who had been annoying 
the settlers of Butte Creek all summer by heir repeated petty thefts and depredation of various kinds. These Indians 
had been removed several times during the summer on the reserve, but after staying a short time would uniformly return to their old camp ground near the mouth of Butte Creek. The settlers’ patience had become exhausted, and they were determined to teach them a lesson that hey would not soon forget, and induce them to remain on the reserve. 
Accordingly they made preparation, and marched down to Old Jake’s camp Lt day-break, and commenced the attack. 
The troops from Fort Lane visited the ground, immediately after the fight, and found twenty-three Lead bodies, eight grown men, four of whom were very aged, and fifteen women and children. An Indian boy, whose life was saved, says 
he saw two women more than were found, floating down the river. It appears from the statement of the Indian, that all the principal men were absent, not apprehending danger, hence such a destruction of life of the women. The principal cause of that I infer to have been the fact that the fight took place so early in the morning that the women were not distinguishable from the men. The Hon. James A. Lupton received a mortal wound, from the effects of which he has since died. A young man by the name of Shepard, also was seriously wounded, probably fatally — several others slightly. The night following the difficulty, the Indians started down Rogue river, killing every person whom they met, stealing what stock they could find, taking some very fine American mares from Mr. Birdseye. Dr. Miller and Mr. Schreflien, also, lost some fine horses and mules. At Mr. Jewett’s ferry, as they passed they killed one man and wounded two others. At Mr. Evens’ they wounded two; one has since died. From there to Jump-off Joe creek every 
house was attacked, and the inmates killed, though some escaped wounded. The most horrible act of all was the inhuman massacre of Mrs. Wagoner and infant daughter. Her husband was absent from home, and when he returned 
what an appalling sight met his eyes; some thirty or forty drunken Indians were dancing and reveling over some plunder they had taken from some wagons; his barn and grain, and stockyard had been consumed by fire; his dwelling was yet standing, but before assistance could reach the Indians there as they were leaving, and saw ten on horseback, five of whom he killed under full jump for the mountains. A Mr. Jones was killed in his yard and his house burned; his lady and child made their escape. Mrs. Jones was seriously wounded. A Mr. Harris was killed at his house, his little girl wounded in the arm; his wife escaped. The troops reached there just in time to save her life. 
There were ten men found dead that day, and in all probability many more have been killed before this time; and before the close of the week I expect to hear still sadder news, for more desperate, reckless, daring, savage demons exist no where upon the face of the earth, and in all that constitutes savage maliciousness I doubt if they ever had an equal. Old Sam, chief of the Rogue River’s, was solicited, coaxed, and finally threatened with war against all his people, if he did not join but with no avail. He took his men up into the mountains, where the hands were at work on the reserve, and protected them and the stock that belonged to the reserve. The young man employed to conduct the work on the west end of the reserve —the part that was set apart for the Shasta Indians —was murdered, his body horribly mutilated, cut across the rorehead and face with an axe, from appearance, while sleeping. The provisions and tools belonging to that part of the reserve were destroyed or taken off, and they left with a determination to fight as long as one was living and able to bear arms. As in the war of 1853, the Indians have all the guns in the country. Those Indians have each a good rifle and revolver, and are skillful in the use of them. They will, without doubt, unite with the Klamaths and all the disaffected Indians in the surrounding country; in fact this little band of Shastas are the terror of all surrounding tribes and many will join believing them invincible; they never have been whipped, nor do they believe that white men can do it; hence the necessity of war, although many valuable lives must be lost in consequence of it.
“There will be, without a doubt, one hundred Indians, exclusive of the Klamaths, to contend with; and the Klamaths I know to be under the control of Old John, but I do not know how numerous they are. Sam, and his people, came into Ft. Lane and claimed protection — were willing to give up their guns, and do anything, they say, to have peace.
Very respectfully,
A. BUSH, Ed. States A MINER.

Am I not most fully sustained by the foregoing extracts in the positions I have taken? — that the war was not the result of the attack on the Kiota’s camp on Butte creek on the 8th of Oct. last — that they were not on the Reservation when attacked — that they were not friendly Indians; but on the contrary, ~or just what they deserved — that it was no part of the design of Maj. Lupton and General Miller to ‘slaughter them without regard to age or sex” — that they had left the Reservation in despite of his authority, after having been admonished of the consequences that would result from their disobedience — that the war was n& brought on by the whites — that the only alternative now left for the citizens of the valley was to “KILL THEM OFF,” or. in other words, to exterminate them."

Republished 1995 by Galleon Press

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