CHAPTER XLIV

IN CONGRESS.--VINDICATING HIS COURSE

Governor Stevens lost no time in hastening to Washington, and the very

next day after his arrival called upon the Commissioner of Indian

Affairs in regard to the funds for, and accounts of, Superintendent

Nesmith. The large numbers of Indians, chiefly in Oregon, still being

restricted to reservations and partially supported by the government,

necessitated heavy expenditures, some of which were made without

previous authorization, and it was essential for the peace of the

country that they should be approved and Nesmith sustained. Following

the matter up with his accustomed energy and thoroughness, he calls upon

the commissioner and Secretary of the Interior again and again; he has

all the suspended accounts, estimates, and papers brought together, and,

having mastered them, he sits down with the chief clerk,--"an old friend

of mine," he writes Nesmith,--posts him up and satisfies him on all

points, and secures his favorable report, and then convinces the

commissioner and secretary. By the very next steamer the funds for

Washington Territory liabilities are sent to Nesmith, and during the

next few months, by unremitting and painstaking efforts, his deficiency

payments are allowed, his estimates approved, and ample funds remitted.

This was an extremely difficult and laborious task, for the expenditures

for the Indian service in the two Territories were unexpectedly large,

the department was naturally reluctant to authorize them, and the

difficulties were largely increased by the rasping and peppery, if not

insubordinate, letters which Nesmith, indignant at the neglect of his

recommendations, addressed to the commissioner, and which the governor

ingeniously neutralized by personally vouching for Colonel Nesmith, and

submitting extracts of Nesmith's letters to himself evincing the

superintendent's devotion to duty.

The still more important duty of vindicating his Indian treaties and

procuring their ratification engaged his closest attention. In one short

fortnight, by his clear exposition of their wise and beneficent

provisions, and by his graphic portrayal of the conditions in the

Pacific Northwest, he satisfies Commissioner Mix, Secretary Thompson,

and President Buchanan that the treaties ought to be confirmed, and

secures their urgent recommendations to the Senate in favor of

confirming them without delay. He seemed to take his former attitude of

personal influence with the highest officers of the government at a

bound, despite the serious charges that had been made against him. On

December 2 he writes Nesmith:--

"We have had many conferences with the commissioner, and two with

the President and Secretary of War, in regard to Indian affairs. I

am working very hard with the department in order to have everything

completely in train against the meeting of Congress.

"I have been most cordially received in all quarters since my

arrival, and I hope I shall be useful to our Territories."

And again, on December 17:--

"Lane and myself will canvass the Indian committees. Have seen

Senator Sebastian, chairman Senate committee. Pushing armed steamer

for the Sound. Indian and War departments and President all concur.

I have had a most attentive and courteous hearing from all these

gentlemen. Years since, I learned brevity and directness in the

transaction of business here, and I find no difficulty whatever in

effecting a good deal in very brief interviews."

His old friends in Washington--Professors Bache, Henry, and Baird,

General Totten, Mr. John L. Hayes, former brother officers, and

others--welcomed him back, and were glad and proud to observe that he

was unchanged except in increased maturity and strength of character,

and that his very presence, with his simple, earnest, and dignified

demeanor, refuted the infamous slanders that had been circulated against

him. General Joseph Lane, the delegate from Oregon, received him with

open arms, delighted to have so able a coadjutor to fight the battles of

the far-distant and neglected Northwestern Territories. General Lane was

highly esteemed by all parties, and had much influence with the

Democratic leaders. The governor said he was a tower of strength. A

devoted friendship grew up between the two whole-souled and patriotic

men.

It will be remembered how inflexibly Governor Stevens insisted upon the

trial and punishment of the Indian murderers who so treacherously

massacred unoffending settlers, deeming the example absolutely

necessary, to deter the commission of outrages by the Indians in the

future. Having brought Leschi and the Sound murderers to condign

punishment, in spite of the efforts of the regular officers to shield

them, he now urged the Indian Department to make requisition upon the

War Department for the arrest and delivery to the civil courts, for

trial, of the Yakima murderers, whose atrocious slaying of their agent,

Bolon, and the miners, precipitated the war, but who thus far had been

virtually safeguarded by the pacific and temporizing policy of the

regular officers. After a number of interviews with the Indian

commissioner and the two secretaries, the demand was about to be

complied with, for all agreed that the murderers ought to be punished,

when the objection was raised by the military authorities on the Pacific

that an attempt to seize the offenders would lead to further

hostilities, and it was intimated that the Indians regarded the

quasi-peace operations of Colonel Wright in 1856 as promising them

immunity for the murders. The Secretary of the Interior, doubtful how

far the good faith of the government might be involved, was consequently

reluctant to make the necessary requisition on the War Department. The

governor thereupon addressed an able letter to the commissioner, in

which he pointed out that an inflexible adherence to the policy of

punishing perpetrators of unprovoked murders was the only course to

impress savage tribes with respect, and deter them from the commission

of similar outrages; that, while such a course in this case might be

attended with the renewal of hostilities on a small scale with the

recalcitrant faction of the Yakimas, it would do more than all else to

strengthen the hands of peaceful and friendly Indians in other tribes.

He declared that he had always understood, from repeated interviews with

Colonel Wright, that that officer had given no immunity to murderers.

Moreover, the very manner in which the military objected showed

conclusively that no such immunity was ever granted; for, if it had been

granted, they would have avowed it positively as their own act, and not

merely have referred to it hypothetically, as it were, and as

subordinate to the question of expediency. For if the faith of the

government had been pledged, questions of expediency were subordinate.

He concluded:--

"I must therefore urge the requisition, unless the military will

take the responsibility of saying, 'We did make a pacification on

the ground of immunity to the murderers,' in which case I shall

press the matter no further, except to suggest that measures be

taken to prevent such pacifications hereafter."

Thus ably and ingeniously the governor forced upon the military the onus

of acknowledging having patched up a fictitious peace by granting

immunity to murderous savages, whom it was their duty to punish. This

they could not bring themselves to do; they were obliged to abandon

their protégés to their fate, and the requisition was made. One cannot

but think, after a careful study of all the evidence, that the Indian

murderers were led to believe in the promise of immunity, if it was not

explicitly promised them.

At the end of December he broke away from these engrossing cares and

labors for a few days, and went North for his family, having leased a

commodious brick house, No. 510, on the north side of Twelfth Street,

between E and F, at $200 a month; but on January 4 he is again at his

post in the House. He installed Mr. James G. Swan as his secretary, set

apart the upper rooms in the house as an office, and plunged with

redoubled energy into the important and multifarious duties and objects

he had undertaken, chief of which was the confirmation of the Indian

treaties; payment of the Indian war debt; advocacy of the Northern

route, separate Indian superintendency for Washington Territory, armed

steamer for Puget Sound, mail route, military roads, appropriations for

Indian service, and for other needs of the Territory; and pressing

before the departments many private claims growing out of the Indian

war. Besides all these, he published, February 1, a circular letter to

emigrants, giving useful information for those wishing to move to the

Territory. In this month he also wrote a strong appeal to the Indian

Department, urging that the farms promised the Blackfeet by the treaty

of the Blackfoot council be established without further delay, and

suggesting that the commissioner confer with Alexander Culbertson, who

was then visiting Washington,--an appeal which bore fruit, for the

commissioner immediately sent for Mr. Culbertson, and took steps to

start the farms. The governor also gave effective aid to Mr. Culbertson

in collecting an account due him from the government.

The appropriation of $30,000 for a wagon-road between Fort Benton and

Walla Walla--made in 1855--had never been used, in consequence of the

Indian hostilities, and the governor now induced the Secretary of War to

authorize the commencement of the road, and to place Lieutenant Mullan

in charge of it. The topographical engineers of the army were not a

little put out at the governor's action in Mullan's behalf, claiming

that the duty rightfully belonged to one of their corps, and that he was

disregarding the rights of the engineers in bestowing it upon a line

officer; but he had found Mullan one of the most zealous and efficient

officers of the Exploration, and one, moreover, especially conversant

with the country. His recommendation had great weight with the War

Department, thus to overcome the influence of the corps and the almost

invariable usage. Another incident which occurred at this time afforded

further evidence of his influence. An officer of General Wool's staff,

Captain T.J. Cram, in 1857 made a report to him upon the upper Columbia

country, much of which was taken from Governor Stevens's exploration

reports without acknowledgment. Moreover, the navigability of the great

river was pronounced utterly impracticable, and the country itself

stigmatized as essentially barren and worthless; and the report was made

the vehicle for reiterating all Wool's exploded charges against the

territorial authorities, people, and volunteers, and collecting and

retailing all the stories of outrage upon Indians by whites that could

be trumped up. This precious "topographical memoir" was widely published

in the newspapers, and was submitted by General Wool to the War

Department, with the evident design of defeating the confirmation of

the treaties and the payment of the war debt. When the report arrived,

the governor filed a statement in the department exposing its character;

and at his instance Captain A.A. Humphreys, who had charge of all the

Pacific Railroad reports, also filed a similar statement, pointing out

Cram's unreliability and plagiarisms, so thoroughly discrediting the

report that the department would never give it out, and it failed of its

intended effect.

It was a hard fight over the treaties before the Senate committee.

Wool's charges, widely spread in the newspapers, had excited much

prejudice against them, and they were strenuously opposed by most of the

regular officers on the Pacific. But by the middle of March the governor

was equally successful in convincing that committee that they ought to

be confirmed, and was able to write Nesmith that the committee would

report favorably, and that there was every prospect of confirmation.

The Northwestern boundary, with the disputed question of the San Juan

archipelago, also claimed his attention. His resolute letter of May,

1855, to Sir James Douglass, declaring that he would sustain the

American right to the islands to the full force of his authority, having

been submitted to both governments with Sir James's protests, had

brought home to them the risk of armed collision unless the boundary

question were speedily settled. Accordingly commissioners were appointed

on both sides to determine and delimit the boundary as drawn by the

treaty of 1846. But as the controversy turned on the construction of the

treaty itself, it could not be settled by any survey, and in this, the

most important part of their task, the commissioners soon became clever

disputants, each advocating his own side of the question. Jefferson

Davis, now a senator of great influence, writes Governor Stevens, March

18, requesting him "to call on the President and Secretary of State, and

give them your views as to the importance and necessity of marking the

boundary," etc. The American commissioner was Mr. Archibald Campbell,

and Captain J. G. Parke, of the engineers, was the chief surveyor, both

old friends of Governor Stevens. With his thorough knowledge of the

islands in dispute, and of the astute, grasping, and persistent

character of the Hudson Bay Company and British officials, the governor

strove to stiffen the backbone of the administration, and to expedite

the boundary survey.

Governor Stevens's first speech in the House occurred May 12, on his

bill to create additional land districts in his Territory, and was a

brief one. The next day a bill came up to reimburse Governor Douglass

for the supplies he had furnished in the Indian war, and the governor

seized the opportunity to deliver a powerful speech in behalf of the war

debt. He referred to Sir James's emphatic testimony that his, the

governor's, course was the only one which could have protected the

settlements, or prevented their depopulation, and vigorously defended

the people and volunteers:--

"During the whole course of that war, not a friendly Indian, nor an

Indian prisoner, was ever maltreated in the camp of the volunteers

of Washington. For six months the people of Washington had to live

in blockhouses; and yet so obedient were the people to law, so proud

of their country, doing such high homage to the spirit of humanity

and justice, that during all that time the life of the Indian was

safe in the camp of the volunteers. Why, sir, there were nearly five

thousand disaffected Indians during all this time on the

reservations lying along the waters of the Sound, and not a man ever

went there to do them harm.

"I trust that the same measure of justice, which the committee

propose to deal out to Governor Douglass, will be dealt out to the

people of the Territories of Oregon and Washington. The debt in all

the cases rests upon the same foundation. Our people furnished

supplies and animals and shipping, and rendered their own services,

on the faith of the government."

On the 31st he delivered a long and exhaustive speech on the same

subject, giving the history of the war, vindicating his own course, and

the patriotism and conduct of the volunteers and people.

On May 25 he delivered a speech of an hour upon the Pacific Railroad,

the subject of all others in which he took the greatest interest and

expended the greatest exertions. He took the broad national view,

embracing the whole country, and advocated three routes, and then

pointed out the superior advantages of the Northern route, and dwelt

upon its value for gaining the trade of Asia:--

"Therefore I would not carve our way to the Pacific by a single

route. It would not satisfy the country. It is not for its peace and

harmony politically. It could not do the business of the country. It

is not up to the exigencies of the occasion. But carve your way to

the Western ocean with at least three roads.

"Considering, therefore, the greater shortness of the Northern

route, and its nearer connections with both Asia and Europe, it must

become the great route of freight and passengers from Asia to

Europe, and even of freight from Asia to the whole valley of the

Mississippi."

These views have become established facts for so many years that it is

hard to realize how far in advance of his contemporaries Governor

Stevens was in holding them. He was one of the first, if not the very

first, to discern the necessity for three transcontinental railroads,

and the opportunity for securing the trade of Asia offered by the

Northern route.

A few days later he sprang to his feet in defense of his friend Nesmith,

who was bitterly assailed by M.R.H. Garnett, of Virginia, and answered

him in a manner so complete and satisfactory as to defeat an amendment

offered by him.

On the 27th he spoke in support of an appropriation for a military

survey of the upper Columbia, and in a sharp and breezy debate had the

satisfaction of exposing Cram's report.

Congress adjourned on June 9. The treaties were not reached, but the

governor writes Nesmith that a test vote showed that the Senate was

strongly in favor of them, and that they would all be confirmed next

session.

During the session Governor Stevens introduced nineteen bills and

resolutions, and offered four amendments. He spoke nine times, making

five considerable speeches, including two on the war debt, one on the

Pacific Railroad, one on the survey of the Columbia, and the defense of

Nesmith. The following synopsis gives the matters which claimed his

attention in Congress:--

Indian war debt.

Military roads.

Additional land districts.

Settlement of accounts of clerks of courts.

Erection of public buildings.

Survey of Columbia River.

Geological survey.

Military road, Columbia to Missouri.

Increased pay for land surveys.

Relief of C.H. Mason.

Additional post and mail routes.

Pacific Railroad.

Port of entry at Vancouver.

Marine hospital.

Land for lunatic asylum.

Port of delivery at Whatcom.

Enrolling clerk for legislature.

As to false reports of Wool.

Bringing on Indian chiefs.

Payment territorial deficiency.

Extending certain acts to Washington Territory.

The above summary gives but a faint idea of the amount of work and

attention involved in the several matters enumerated. With

characteristic thoroughness, the governor always paved the way for his

measures by first obtaining the support and recommendation of the

department to which each pertained, and was equally indefatigable in

following them up before the committees. But nothing engrossed so much

of his time and attention as the numerous claims for losses and services

growing out of the Indian war, sent to him by his constituents, almost

all poor men, all of which he presented and pressed with the greatest

pains and assiduity.

So intent had he become upon all these important measures that, as he

writes Nesmith, he determined to remain in Washington during the recess

of Congress, and prepare for success the next session.

On July 21 Governor Stevens submitted an able and exhaustive memoir to

Lewis Cass, Secretary of State, on the unjust and exorbitant exactions

imposed upon Americans, who were then flocking to the newly discovered

gold fields of New Caledonia,--now British Columbia,--on Fraser and

Thompson rivers, having previously, on May 18 and June 29, informed him

of this emigration, and the impositions placed upon it by Governor

Douglass. The chief of these were, a license tax of five dollars a month

for the privilege of mining, and the prohibition of all navigation and

trading except by license from the Hudson Bay Company, and the

requirement that all supplies must be purchased from that company. He

showed that with forty thousand miners, nearly all of them American

citizens, entering the gold fields, as was the estimate of the most

intelligent gentlemen of the Pacific coast, the license tax would amount

to $2,400,000 per annum; while the Hudson Bay Company, from the

exclusive right of furnishing supplies, would reap the enormous harvest

of $14,000,000 per annum. Moreover, as the bulk of these supplies could

not be furnished from the present resources of that company, they would

have to be drawn by it from California, Oregon, and Washington, so that

in fact those States were compelled to make that company their factor

for the sale of their products, and allow it all the profits from the

sale of their own products to their own citizens.

The governor declared that this state of things could not be submitted

to by American citizens unless imposed by positive and imperative law,

and that the exactions in question had been imposed without any legal

authority which should be respected by the citizens or government of the

United States.

He held that, the British government having passed no law levying a

mining tax, Governor Douglass, as governor of Vancouver Island, was not

given authority by his commission or instructions to impose such tax;

that he was governor of Vancouver Island only, and his political

jurisdiction did not extend to the mainland, where, in fact, he had

always declined to exercise authority over the Indians as governor,

while he had dealt with them as chief factor of the Hudson Bay Company.

That the company, a mere Indian trading company, had no authority under

its charter to set up a monopoly of selling supplies to white men,

whether American citizens or British subjects, such monopoly, moreover,

being expressly prohibited by British law.

And he concluded by asking, in behalf of the citizens of our whole

Pacific coast, that the government would interpose with the British

authorities for the removal of the restrictions, and would demand the

repayment of all mining taxes collected, and of the value of all vessels

and cargoes confiscated. In the last paragraph he takes pains to

acknowledge the assistance of his friend, John L. Hays, Esq., in the

investigation of the legal questions involved.

The memorial was widely published in the papers, and produced an

excellent effect on the Pacific coast. The Hudson Bay Company

relinquished its attempt to compel the miners to purchase supplies from

it exclusively, and the monthly mining tax was reduced to a moderate

yearly one. The memorial was a timely and much-needed warning to the

Buchanan administration to stand up against the ever greedy and bull-dog

demands of the British upon the Pacific Northwest.

The news of Steptoe's defeat reached Washington in June, and created a

great sensation. It was looked upon as a complete vindication of

Governor Stevens's views and policy in regard to the management of the

Indians, and a convincing proof of the folly and failure of the Wool

military peace policy. The very officers who had condemned and denounced

the governor's plan of punishing and subduing the hostiles in order to

preserve the fidelity and peace of the friendly and doubtful tribes, now

that their weak temporizing had drawn the latter into hostilities,

breathed nothing but war. Writes Colonel Nesmith with glee, natural

enough considering how his request for two howitzers had been brusquely

refused, and himself treated with contumely, by Wool:--

"General Clarke and the whole military are now fully answered, and

they believe there _is a war_. The military now find themselves in

something like your position when the Indians, in violation of all

pledges, attacked your camp in the Walla Walla. I say again, 'Hands

off;' they have a fair field, and I hope they will have a _free

fight_!"

The War Department took energetic measures in consequence of Steptoe's

defeat. Colonel Wright was largely reinforced, and in September led a

thousand troops into the Spokane country, defeated the Indians in two

engagements, and summarily hanged sixteen of them without trial. The

same month Oregon and Washington were constituted a separate military

department, and the veteran general, William S. Harney, was sent out in

command. This appointment was highly satisfactory to Governor Stevens,

for General Harney adopted all his views in regard to the military

problem, the Indians, the opening of the country to settlement, and

later, as will be seen, in regard to defending our right to the San Juan

archipelago. The governor writes Colonel Nesmith and Governor Curry

requesting them to call on the veteran commander on his arrival, and

extend to him their good will and support.

General Harney's first act on reaching his new command was to throw open

to settlement the whole upper country, revoking Wool's orders excluding

settlers therefrom. This was a notable victory for Governor Stevens, and

wiped out the last of Wool's reactionary measures.

The governor spent the whole recess in Washington, except for a flying

visit North in July (when, in passing through New York, he had his

phrenological chart again drawn by Fowler) and a visit of three weeks in

the fall to Newport and Andover.

In the evening of December 2 he delivered before the American

Geographical and Statistical Society, in New York, an elaborate address

on the Northwest, comprising fifty-six printed pages. Mr. E.V. Smalley,

the historian of the Northern Pacific Railroad, says of this address

that "he presented the whole argument in behalf of the Northern route.

Some of his statements were received with a great deal of skepticism,

but time has shown that they were strictly and conscientiously

accurate."

Mr. Swan returned to the Pacific coast in the fall, and a very capable,

faithful, and agreeable young man, Mr. Walter W. Johnson, succeeded him

as secretary. The adjacent house on the south side was occupied by Mr.

Johnson's aunts, Mrs. W.R. Johnson and Miss Donelson, most estimable,

cultivated, and attractive ladies, and the two families contracted the

warmest friendship for each other.

Congress reassembled December 6. During the session Governor Stevens

offered seven bills and five resolutions, and moved four amendments. His

longest and most important speech was on the payment of the war debt,

delivered February 21, 1859. He also spoke on bringing Indian chiefs to

Washington, twice on the Northwest boundary, and on the military road

between Fort Benton and Walla Walla.

In January he had two hearings before the Senate Indian Committee. The

treaties were all confirmed in the Senate on March 8 without serious

opposition, for by this time their wisdom and merit were recognized on

all hands. J. Ross Browne, special agent sent out by the Interior

Department to investigate matters, strongly urged their confirmation.

Judge G. Mott, another special agent, who had been dispatched to examine

Nesmith's superintendency, did the same. Colonel Mansfield, the

inspector-general of the army, after visiting the upper country and

studying the conditions there, strongly recommended the treaties. And

even General Clarke and Colonel Wright, nobly acknowledging their

mistake in opposing them, joined in the recommendation. At last Governor

Stevens's great work was vindicated by the test of experience, and

approved by its former opponents.

It has already been related how Jefferson Davis, as Secretary of War,

summarily rejected Governor Stevens's plans for continuing the surveys

on the Northern route, throwing the whole influence of the government in

favor of the Southern route, and strove to discredit his report of the

superior advantages of the former; and how the governor, on his

expedition to the Blackfoot council, notwithstanding this rebuff,

indefatigably continued his surveys, taking barometrical observations,

and making careful examinations of different passes and routes, using

the officers and parties of the Indian service for the purpose.

Throughout all the labors and responsibilities of the Indian war he

kept up the determination of important points, and the collection of

data concerning the climate, snows, navigability of the great rivers,

passes, etc., making use in like manner of the volunteer parties.

During this fall and winter he made his final report on the Northern

Pacific Railroad route, giving the results of his labors since the first

report, made some three years before. This final report was published in

two large quarto volumes, containing 797 pages. The first volume

contains the Narrative, 225 pages; Geographical Memoir, 81 pages;

Meteorology, 25 pages; Estimate, 27 pages; and, with the exception of

the meteorological tables and a paper on the hydrography of Washington

Territory, comprising 28 pages, was entirely the governor's own

composition, and equal to about 700 ordinary printed pages. The second

volume contains the botany, zoölogy, ichthyology, etc., with numerous

plates.

The governor expected, on returning from Fort Benton, to devote a year

to the preparation of his final report, but this was interrupted by the

Indian war, and then, with largely increased data, he found himself

absorbed in these congressional duties and labors, which completely

engrossed all his time and attention. It was a physical impossibility

for any man to write out with his own hand in a few months such a

report, even if it lay all composed and arranged in his mind. The way in

which Governor Stevens overcame the difficulty was original, and showed

his remarkable mental grasp and powers of memory. He dictated the whole

report. Every morning an expert stenographer came at six, and the

governor, walking up and down in the dining-room, dictated to him for

one or two hours before breakfast. The reporter then took his notes,

wrote them out, and had the manuscript ready for the governor's revision

at the next sitting. Walter W. Johnson, Dr. J.G. Cooper, and other

assistants were kept hard at work on the report, and on February 7,

1859, the governor had the satisfaction of submitting it to the

Secretary of War, John B. Floyd, Jefferson Davis's successor.

The report is written in a clear and graphic style. The facts presented

in it fully sustained and confirmed the conclusions of the first report,

and made a crushing answer to Jefferson Davis's doubts and criticisms.

And Governor Stevens's views set forth therein have been fully and

strikingly borne out in the subsequent development of the country.

Ten thousand copies of the report were ordered to be printed by the

Senate March 3, and afterwards the House ordered ten thousand extra

copies March 25, and the Senate as many more May 9, 1860. Those first

printed were not satisfactory to the governor in execution, paper, or

binding, and he was at no little pains to have the twenty thousand extra

copies ordered. Being disappointed in a certain senator whom he expected

to pass the desired order in the Senate, the governor frankly applied to

Jefferson Davis to secure the order, and Davis was manly and magnanimous

enough to do so at once. It was characteristic of Governor Stevens, as

has already been pointed out, to base all his action and objects upon

the high ground of public needs and welfare, and therefore, ignoring any

personal considerations, he demanded Davis's aid, on the ground that the

valuable data in his final report ought to be published for the benefit

of the country.

The governor was inclined to attribute good motives to his opponents, or

those who differed from him; was quick to see and admit their points of

view; and never assailed their motives, nor descended to personal

attacks. Indeed, he was inclined to think too well of men, and to expect

too much of them.

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