As a matter of fact, from 1803 to 1848, in each of the twelve

territories organized from the public lands, the sixteenth section

in every township was reserved for school purposes, Oregon being the

first to receive the addition of the thirty-sixth. There has been no

fixed rule of appropriation, much depending upon the people and their

representatives. In 1812, and again in 1824 congress ordered a survey

of certain towns and villages in Missouri, reserving for the use of

schools one-twentieth part of the whole survey. When sold these town

reservations produced large sums, as in the case of St. Louis. Down to

1880 seven states and eight territories had received the thirty-sixth

section in each township. Twenty-four states had received two townships

each for the use of universities. Ohio, Wisconsin, Minnesota and

Florida had taken more. Previous to 1882 the appropriation of land

for common schools in the land states aggregated sixty-seven million

eight hundred and ninety-three thousand nine hundred and nineteen

acres; for university purposes, one million six hundred and fifty

thousand five hundred and twenty acres; for agricultural and mechanical

colleges, nine million six hundred thousand acres—a total of

seventy-nine million one hundred and forty-four thousand four hundred

and thirty-nine acres devoted to the support of education in the United

States.

From time to time it has been necessary to make changes in the land

laws, as when the discovery of mineral lands, reserved by congress

called for the substitution of lieu lands, but there has been no

diminution in quantity or value.

Oregon has less vacant or public land than from its area might be

expected. The bounty of government in donating to the pioneer settlers

six hundred and forty acres to a family—three hundred and twenty

to the husband, and the same amount to the wife—and to single men

and women three hundred and twenty each, provided they lived upon or

improved their claims, disposed of most of the cultivable area west of

the Cascade Range. The school lands which passed with the territorial

act occupied two thirty-sixths of every township. The act of admission

passed to the state the usual endowment of five hundred thousand

acres for its public uses,[17] with twelve salt springs and six

sections adjoining each; ninety thousand acres for the endowment of an

agricultural college, and seventy-two sections for the use and support

of a state university. Subsequent grants to railroads and public

highways, with military and Indian reservations, absorbed large bodies

of land, both in the valleys and the mountains. The state devoted the

net proceeds, with the accruing interest of the five hundred thousand

acres, as an irreducible fund for the support of common schools, and

for the purchase of libraries and apparatus.[18] It also added to this

fund all gifts to the state whose purpose was not named.

The actual quantity of land allowed by congress to Oregon for common

school purposes is three million two hundred and fifty thousand acres,

at a minimum price per acre of $1.25, the management of the income

being left to a board, of which the Governor is one. I am informed by

the clerk of this board that the fund now amounts to $3,000,000, which

is securely invested at ten per cent.

In 1850 congress passed a swamp land act, the intention of which

was to enable the states subject to overflow by the Mississippi, to

construct levees, and drain overflowed lands. The law was subsequently

extended to other states. Oregon, however, had no rivers requiring

levees, nor any swamp lands. This fact did not prevent beaver-dam

lands, the most valuable in the state, from being taken up as swamp

lands. The scandal attached also the meadow lands about lakes in the

interior, and even to lands included in Indian reservation lands. Nor

is congress quite guiltless in this respect, since it has recklessly

granted principalities in the public soil to aid enterprises designed

by private companies for their own benefit, these grants being obtained

by representations, wholly unfounded, of the public utility in the

undertaking.[19] The hand of the lobbyist is visible in these matters,

while suspicion attaches to both state and national legislators, who

too frequently have other than the people's interest at heart.

The vacant public lands of the United States are still nine hundred

and eighty thousand three hundred and thirty-seven square miles

in extent, or one-third of our total area, exclusive of Alaska.

Indian reservations and forest reservations together occupy five and

forty-three hundredths per cent. The State of Texas comprises eight and

eighty-three hundredths per cent. of the area of the United States, and

owns all the public lands within its borders. Thus there remains open

to settlement the vacant one-third, exclusive of Alaska, Texas, and

the Islands. Almost all of the vacant lands are west of the Missouri

River, and include much that is of but little present value to the

agriculturist from its aridity. Yet not one rod of it is valueless

in the eyes of the political economist. Forests and mines are as

necessary to advanced civilization as grain fields and orchards. But

even were this not true, the earth needs waste places where pure air

and pure water are generated to be furnished to the lower plains. Men

will gradually accustom themselves to deserts, and will cause them to

blossom like the rose. Wherever they go, the foundation of a home is

awaiting them, and the common school is provided for their children. It

is thus we are educating the nations.

It can hardly be superfluous to revert to the obligation of the general

government and the individual state to remember and guard the people's

rights in the public domain. A wastefulness which tends to contract

free acreage beyond the convenient demands of settlement and use, is to

deprive the nation of strength and elasticity. When we have no longer

anything to offer the coming generations, it will be a pity if they

come. The power of the great land owner over the man who has inherited

nothing, and is too poor to purchase at the landlords' prices, will be,

to all intents and purposes, the same which the landlords of Europe

exercise over the peasant classes there. The ladder by which our people

have climbed to happy heights of prosperity will be withdrawn, and the

poor man will have become the slave of the rich man. It is doubtful if

the universal intelligence which we are at so much pains to cultivate

will be, in such circumstances, an unmixed blessing, since the

enlightened mind has requirements which are not felt by the ignorant,

the absence of which inflicts pain, and frequently leads to crime.

FRANCES F. VICTOR.

[Footnote 1: The lands not held as private estates in Great Britain

were known as the "Crown lands," the revenue from which was the income

of the sovereign. This continued down to the accession of George III.

This custom continued down to Victoria, who, renouncing the crown

lands, accepted for herself and her children a fixed sum annually, but

this annuity does not descend to her grandchildren.]

[Footnote 2: The history of the early voyages, and of the immigration

to America of different nationalities, including the Dutch, is too

familiar to be repeated here, and a period of nearly three hundred

years, from 1497 to 1783, is passed over. With independence, the

American states received an inheritance of which they hardly understood

the value at the time, except for its political importance.]

[Footnote 3: It would seem from this demand of Virginia that this state

assumed to lay claim to all the Northwest Territory. However, it could

make no difference, since the other states had ceded whatever rights

they had, except to strengthen the title of the general government.]

[Footnote 4: There is much that is confusing and contradictory in the

act of North Carolina, as in the reference to the ordinance of 1787,

and the clause forbidding the passage by congress of an act tending to

emancipate slaves.]

[Footnote 5: The Constitution of the Provisional Government of Oregon

was formed on the ordinance of 1787, and the above extract is taken,

somewhat abbreviated, from Articles I, II, III and IV of that document.

When the organic act of Oregon Territory was framed by congress, it

was agreed that the laws already in operation in Oregon should be

recognized as the laws of the territory. The adoption of the ordinance

of 1787 as their Constitution by the pioneers of the state, was due to

the statesmanship of Jesse Applegate, one of the "men of 1843." Its

author was Nathan Dane, LL. D., of Massachusetts, member of congress in

1787.]

[Footnote 6: Subsequently the reservation of gold, silver, and copper

mines was discontinued, and lead mines and salt springs substituted.

The income from these sources at that period would have been greater

than from other mines. But no change was ever made from 1785 to the

present date in the grant of the sixteenth section for school purposes.]

[Footnote 7: A great deal of unwise criticism has been declaimed and

written upon the government's dealings with the Indians in the matter

of their reservations. But human wisdom has seldom been able, however

sincere the endeavor, to bridge over with peace the gulf between

savagery and civilization. The United States began by binding the

government in the ordinance of 1787 to "observe the utmost good faith

towards the Indians." During the first ten years of its existence,

treaties were made with half a hundred tribes. It was declared a

misdemeanor, punishable by fine and imprisonment, for any persons, not

acting for the government, to treat with, or purchase lands from an

Indian nation—an inhibition meant to prevent trouble with the natives,

as well as frauds against the government. But Indian wars were not

prevented, and continue to this day. The United States has supported an

army to defend its citizens against savage outbreaks. Every congress

appropriates large sums for the support of its Indian wards, and for

their education. According to recent reports, the Indians of New

Mexico cost the government, in 1897, for each pupil in the Indian

schools, $167, or a lump sum of $41,750, over and above the pay of the

superintendent, and other expenses. The Indian school at Salem, Oregon,

for the same year, cost the treasury $50,100, and the support of the

establishment, $71,700. The Indian reservations, including Indian

Territory, comprise four and forty-three hundredths per cent. of our

public lands, exclusive of Alaska. The whole Indian population of the

United States is officially stated at two hundred and ninety-seven

thousand. Of these forty-two thousand five hundred and ninety-seven can

read; over fifty-three thousand can converse in English. The government

has built for them twenty-six thousand three hundred and eighty-nine

dwelling houses, besides schoolhouses, and there are three hundred and

forty-eight churches on the reservations. Religious and other societies

have contributed large amounts for school and church purposes. The

money collected in 1899 for the instruction and advancement of "the

nation's wards" was $261,515; for general church work, $119,407. New

York this year contributed for an Indian school in that state $16,016.

The senate bill this present year for an Indian school at Riverside,

California, proposed to appropriate $75,000. Another Indian school

at Perris, California, gets $167 per pupil for one hundred and fifty

pupils. The whole appropriation for the support and education of

Indians in 1900 is $8,414,000. At this rate is the nation still paying

for its public lands.]

[Footnote 8: Mr. J. Quinn Thornton, who came to Oregon late in 1846,

was appointed a judge under the provisional government by Governor

Abernethy, and was sent as a delegate to Washington late in 1847,

arriving there May 11, 1848, several times during his lifetime publicly

asserted, in written articles and in addresses delivered before the

Pioneer Association, that he was the author of the Douglas Bill. By

comparing dates it will be seen that he could have had nothing to do

with the bill, which was introduced in the house December 23, 1846,

soon after the boundary treaty. It passed the house January 16, 1847,

was sent to the senate, amended, and laid upon the table March 8,

1847. In 1848 Douglas was a senator, and Chairman of the Committee

on Territories. On the tenth of January the Oregon bill came up, was

referred to Douglas' committee, and reported, without amendments,

February 7. This was the identical bill over which senators wrangled in

so dramatic a fashion until the last hour of the session, in August,

1848. A compromise bill was devised by the southern members, by which

Oregon could come in in company with New Mexico and California, but

congress would have none of it. There was no opportunity during

Thornton's stay in Washington to alter or amend the Oregon bill, which,

when it passed the senate, was in all essential features, including

school lands, the same bill which was published in the _Oregon

Spectator_ of September 16, 1847, more than a month before Thornton set

sail for his destination. As the _Spectator_ was the only newspaper

in Oregon at that time, and owned and controlled by the Governor,

it is fair to presume that it was read by the Governor's appointee.

Notwithstanding these adverse circumstances and conclusions, Mr.

Thornton never ceased to claim the authorship of the organic act of

Oregon, nor to congratulate himself upon having bestowed upon this and

other new states the priceless benefit of school lands. "I will frankly

admit," he says in his autobiography, "that when to this section (the

sixteenth) of the public lands, the thirty-sixth was added by the

passage of this bill, the thought that Providence had made me the

instrument by which so great a boon was bestowed upon posterity filled

my heart with emotions as pure and deep as can be experienced by man;"

and goes on to anticipate being recognized as a benefactor of his race

when his toils and responsibilities should be over. See Transactions of

the Oregon Pioneer Association for 1874, and some later numbers, for

these false claims. Also the Portland _Oregonian_ of May 15, 1885, in

which he distinctly denies the facts of history, and relates incredible

occurrences with such minuteness of detail and loftiness of expression

as to deceive any but the well informed in public affairs. The ordinary

reader could not conceive such mendacity and dissembling.]

[Footnote 9: The older states made such provision as they could

for education. Connecticut reserved some of her lands for popular

education, and any state had the same right, but the "land states,"

as they were called, offered lands for seminaries of learning, and

universities, two entire townships being the usual amount granted for

this purpose, besides the thirty-sixth part set aside by compact.]

[Footnote 10: Rockwell had given notice of this amendment on the tenth

of May, one day before the arrival of Thornton in Washington. See his

"Oregon and California," vol. 2, p. 248. Therefore Mr. Rockwell's

idea did not originate with Mr. Thornton. In his article in the

"Transactions," for 1883, he makes Mr. Rockwell prophesy that he "will

not get the Oregon bill so amended as to set apart two sections in

each township, instead of one, as already provided for in the Oregon

bill"—forgetting in this instance to claim paternity to both.]

[Footnote 11: Says the commissioner: "The expediency of making

further provision for the support of common schools in the land

states has attracted much attention, and certainly is worthy of the

most favorable consideration. Those states are sparsely settled by an

active, industrious and enterprising people, who, however, may not have

sufficient means independent of their support, to endow or maintain

public schools. To aid in this important matter, congress at the

commencement of our land system, and when the reins of government were

held by the sages of the revolution, set apart one section out of every

township of thirty-six square miles. At that early day this provision

doubtless appeared munificent, but experience has proved it to be

inadequate. It is obviously necessary that at least one school should

be established in each of those townships, and to do this they have

only the section of land above mentioned, worth about $800. To invest

this sum safely it cannot be made to yield more than $48 per annum,

which will not pay the salary of a teacher for a single month; and the

whole of the principal would not enable a township to erect a suitable

common school edifice, and employ a teacher for one year. It is evident

therefore, that this provision does not go far to accomplish the

original design, and that without the aid of other means the citizens

of those growing states cannot obtain the advantages of a general

system of education. I would therefore recommend that further grants of

land be made for that object, and wherever the lands reserved for the

use of schools are found to be valueless, that the proper officer of

the state be authorized to select others in lieu of them. * * *

"With great respect, your obedient servant,

"JAMES H. PIPER,

"Acting Commissioner.

"HON. ROBERT J. WALKER,

"Secretary of the Treasury."

House Ex. Doc. 9, Vol. II, Twenty-ninth Congress, Second Session.

]

[Footnote 12: Ex. Doc., First Session, Thirtieth Congress, Vol. 1,

1847-48.]

[Footnote 13: This statement that congress "granted Oregon two

school sections" calls for explanation. It was only in the Northwest

Territory, subject to the ordinance of 1787 by compact, that these

sixteen sections belonged, as Woodbridge of Michigan contended, to the

states formed out of that territory. Where other states received them

it was by grant of congress.]

[Footnote 14: The Secretary urged other reasons for the additional

grants. "Even as a question of revenue," he says, "such grants would

more than refund their value to the government, as each quarter

township is composed of nine sections, of which the central section

would be granted for schools, and each of the remaining eight sections

would be adjacent to that granted. Those eight sections thus located

and each adjoining a school section, would be of greater value

than when separated by many miles from such opportunities, and the

thirty-two sections of one entire township, with these benefits, would

bring a larger price to the government than thirty-five sections out

of thirty-six, where one section only, so remote from the rest, was

granted for such a purpose. The public domain would thus be settled

at an earlier period, and yielding larger products, thus soon augment

our exports and our imports, with a corresponding increase of revenue

from duties. The greater diffusion of education would increase the

power of mind and knowledge, applied to our industrial pursuits, and

augment in this way also the products and wealth of the nation. Each

state is deeply interested in the welfare of every other, for the

representatives of the whole regulate by their votes the measures of

the union, which must be more happy and progressive in proportion as

its councils are guided by more enlightened views, resulting from more

universal diffusion of light and knowledge and education."—Ex. Doc.,

Second Session, Thirtieth Congress, Vol. II, 1848-49.]

[Footnote 15: Gwin's Autobiography, Mr. Bancroft's Hist. Cal. VI, 298.]

[Footnote 16: I must be pardoned if I once more call attention to the

willful perversion of truth by the talented but unscrupulous J. Quinn

Thornton. In the transactions of the Pioneer Association for 1874,

speaking of the Oregon bill and the school-land grants: "Up to the time

of the passage of this bill, congress had never appropriated more than

the sixteenth section for the support of common schools; and the _late_

Nathan Dane, LL. D., had labored long before he succeeded in inducing

the government to appropriate _that_ portion of the public lands." The

italics are mine: the word "late," to call attention to the fact that

Doctor Dane had been dead for thirty-nine years, having passed to his

reward in 1835, after a useful and honorable life; the word "that,"

because in another place Thornton claims himself to have induced the

government to make this appropriation. It is difficult to deal with

such constant shuffling with the intention to deceive. A different

unintentional error occurred in the course of my investigations, when,

in 1882, I wrote to the Department of the Interior for information as

to the first act of congress reserving the thirty-sixth section in each

township for school purposes, and was informed by the commissioner that

"the act was approved March 3, 1849 (U. S. Statutes, Vol I, page 154),

entitled an act to establish the Territorial Government of Minnesota."

He had overlooked the fact that the organic act of Oregon, which passed

on the fourteenth of August, 1848, contained the same appropriation.

This was probably because it was in 1849 that the affairs of the land

office were turned over to the interior department, and he had not

searched the previous records.]

[Footnote 17: Act of Congress of September 4, 1841.]

[Footnote 18: The canal and locks at Oregon City were built out of

the first proceeds of the five hundred thousand acres, when it was

converted to the school fund to prevent its appropriation to local

schemes of minor importance.]

[Footnote 19: By act of July, 1864, congress granted to the State of

Oregon, to aid in the construction of a military wagon road from Eugene

to the eastern boundary of the state, alternate sections of the public

lands designated by odd numbers, for three sections in width on each

side of the road, the United States to share in it as a military post

road. The land was to be sold in quantities at one time of thirty

sections on the completion of ten miles, and within five years, failing

which, the land reverted to the United States. The grant amounted to

one thousand nine hundred and twenty acres per mile for a distance of

four hundred and twenty miles—or more than all given to the state on

its admission by one hundred and fifty thousand acres. The company

was allowed a primary sale of thirty sections with which to begin

surveying. A road was opened from Eugene to and over the mountains in

1867, which was little used or useful. In 1873 the land grant was sold

to a San Francisco company, and this immense government gift passed to

private ownership in another state.]

GLIMPSES OF LIFE IN EARLY

OREGON.

As we travel through the Willamette Valley with the dispatch and

comfort of a well-equipped railway service, we are quickly forgetting

how our fathers and grandfathers journeyed. Pioneer experiences and

hardships are memories of long ago; another century is dawning, and we

say that "the new is better than the old."

In the early days of the settlement of this state the horse was the

only means of travel, unless one's course lay along the Willamette, and

then it was the canoe with paddles that carried trappers, explorers,

and occasional Hudson's Bay officials on their journeys. The native

grasses were luxuriant and abundant, the climate mild, and every

settler's door stood hospitably ajar. Journeying was by easy stages

and not irksome. It is pleasant to remember that there was a time when

one had time to be leisurely and greet one's friends in a kindly,

simple fashion. Civilization was gathered within the four walls of Fort

Vancouver, on the Columbia River. Our greatest friend, John McLoughlin,

was the chief factor of all the Hudson's Bay Company's establishments

west of the Rocky Mountains, and children who have been born in the

original Oregon Territory may well "rise up and call him blessed."

The quarterly of the Oregon Historical Society, Vol. 1, No. 2, June, 1900 · 第 3 / 7 段