In 1841 Felix Hathaway, in the employment of the Mission, began to build

a house on the island, at which Dr. McLoughlin remonstrated with Waller,

but the latter assured Dr. McLoughlin that no wrong was intended and

Hathaway stopped his building operations. Matters ran smoothly until the

autumn of 1842. By this time Dr. McLoughlin had again made improvements

on his claim, having it surveyed and part of it laid off in town lots

and blocks, which he named Oregon City. Some of these lots and blocks he

gave away, some he sold. I cannot go into all the evasive actions of

Waller and the false statements and claims made by him, and by John

Ricord, his attorney, in relation to Waller's supposed rights to Dr.

McLoughlin's land claim. Waller employed Ricord as an attorney and

asserted his ownership of all the McLoughlin land claim, except

Abernethy Island, to which the Oregon Milling Company laid claim. A

public proclamation signed by Ricord as attorney for Waller, although

dated December 20, 1843, was publicly posted at Oregon City early in

1844. It set forth the alleged illegality of Dr. McLoughlin's claim and

the imaginary rights of Waller.[36] Whatever possession Waller had of

any part of this land was due to the kind permission of Dr. McLoughlin.

Waller attempted to turn this kindness into a question of right to the

whole land claim, excepting Abernethy Island. An agreement or

settlement, dated April 4, 1844, was executed by Rev. A. F. Waller, Rev.

David Leslie, acting Superintendent of the Methodist Mission, and by Dr.

McLoughlin. Under this agreement Dr. McLoughlin was compelled to pay

Waller five hundred dollars and to convey to Waller eight lots and three

blocks in Oregon City, and also to convey to the Methodist Mission six

lots and one block in Oregon City. What right the Mission had to insist

on the conveyance to it of this land has never been explained--Waller,

in said agreement or settlement, surrendering and forever abandoning to

Dr. McLoughlin "all claims, rights, and pretensions whatsoever" which

Waller had to the land claim of Dr. McLoughlin, which is described in

said agreement as "a tract of land situated at the falls of the

Wallamette River on the east side of said River, containing six hundred

and forty acres, and surveyed by Jesse Applegate in the month of

December, A. D. 1843." This survey included Abernethy Island. There were

not then any courts in Oregon to which Dr. McLoughlin could apply for

relief, as he had not then joined the Provisional Government. It was

probably better and cheaper for him to submit to this unfair agreement,

otherwise he would have been compelled to allow Waller to take the land

or to have ousted him by force.[37]

July 15, 1844, about three months after this settlement, Rev. George

Gary, who was then closing the Methodist Mission in Oregon and disposing

of its property, in a letter to Dr. McLoughlin offered to sell back

these lots and block given to the Mission by Dr. McLoughlin, with the

improvements thereon, excluding the two lots given by Dr. McLoughlin in

1840 on which the Methodist Church was built. Gary valued the lots to be

sold at two thousand, two hundred dollars, and the improvements thereon

at three thousand, eight hundred dollars. Gary made the conditions that

the possession of a warehouse should be reserved until June, 1845, and

the house occupied by George Abernethy until August, 1845. Gary made

some other reservations and wrote that there must be an answer in a day

or two. Dr. McLoughlin considered this offer extortionate. He wrote an

answer to Gary calling attention to the fact that he had so recently

given the lots to the Mission, that it would be the fairest way for Gary

to give Dr. McLoughlin back the lots, since the Mission had no longer

any use for them, and let him pay for the improvements; that one of the

houses was built with lumber borrowed from him and had not been paid

for. He suggested that the matter be referred to the Missionary Board.

But Gary rejected every proposal. Dr. McLoughlin was compelled to yield

and agreed to pay the six thousand dollars demanded by Gary.[38]

Notwithstanding the fact that this agreement executed by Waller and

Leslie, dated April 4, 1844, was made as a final settlement of the

matter, the conspirators determined to deprive Dr. McLoughlin of his

land claim, even if they did not profit by it. They succeeded by means

of the Oregon Donation Law, as I shall presently show. These

conspirators had previously arranged to take or "jump" Abernethy Island.

Rev. Dr. H. K. Hines was too honorable a man to justify these

proceedings. As he came to Oregon in 1853, it appears that he did not

know all the facts, but such as he knew, even from Methodist missionary

sources, did not commend Waller's actions to Hines in regard to Dr.

McLoughlin and his land claim. In his _Missionary History_, pages

353-355, Dr. Hines says: "At Oregon City the Mission as such deemed it

wisest not to file any claim as against that of Dr. McLoughlin, Chief

Factor of the Hudson's Bay Company at Vancouver, who had made some

movements toward the occupation of that valuable property before the

Mission was established. Perhaps all in the country at that time, Mr.

Lee included, did not consider the claim of Dr. McLoughlin as a British

subject and the head of a great British corporation, such a claim as

would be recognized in law when the government of the United States

should extend its jurisdiction over the country, which they believed it

was sure to do in a short time.... The mission work at this general

point was mostly done on the _west side_ of the river at The Falls, and

at the villages on the Clackamas where 'Gladstone Park' is now situated,

and where the Mission had a farm, and a claim of a square mile of land.

This stood in exactly the same relation to the Board as did the claim at

The Dalles and at Salem.

"It is proper that we say here that much controversy arose at Oregon

City through the fact that Rev. A. F. Waller filed a claim in his own

behalf on the land to which Dr. McLoughlin was also laying claim, on the

ground that the latter, being a British subject, could not obtain title

under the land laws of the United States. With this the Mission, as

such, had no connection whatever, and hence this history does not deal

with the question." Nevertheless, joint-occupancy, Senator Linn's

resolution and bill, the Donation Land Law, subsequently passed, natural

justice and right, and common decency should have been recognized as

giving Dr. McLoughlin full right to his land claim from the beginning.

At least three of the Methodist missionaries and those connected with

the Methodist Mission were not citizens of the United States at any time

prior to the passage of the Donation Land Law in 1850. Rev. Jason Lee

was a native of Canada and died in Canada. He did not become a citizen

of the United States. His allegiance was always that of a British

subject. Jason Lee was of English descent. His parents were born in the

United States but settled at Stanstead, Canada, and made it their home

several years prior to his birth. He was born at Stanstead in 1803 and

that was his home until 1834, when he came to Oregon. For a number of

years he worked in the pineries in the north of Canada. In 1826 he was

"converted" and joined the Wesleyan Church of Canada. In 1827 he entered

the Wesleyan Academy at Wilbraham, Massachusetts. After attending that

Academy for a time, he returned to his home at Stanstead, where he

stayed for several years, first teaching school and afterwards becoming

a preacher of the Wesleyan Church of Canada. For several years he had

desired to be a missionary among the Indians and in 1832 or 1833 offered

his services as a missionary to the Indians of Canada to the Wesleyan

Missionary Society of London. In 1833, while waiting a reply to his

application, he was offered the appointment by the New England

Conference of the Methodist Episcopal Church of "Missionary to the

Flathead Indians," and was admitted as a member of the latter

Conference. In the spring of 1834 he started for Oregon, which, during

the rest of his life, was jointly occupied by citizens of the United

States and subjects of Great Britain under the Conventions between these

countries. The political status of a resident of Oregon then remained as

it was when he arrived in Oregon. It could not be changed there during

joint-occupancy. He died at Lake Memphremagog in Canada, March 2, 1845.

His body was buried at Stanstead. These facts I have obtained mostly

from Dr. Hines' _Missionary History of the Pacific Northwest_, and I

have verified them from other reliable sources.

Rev. Daniel Lee was also born in Canada. Up to the time of his return to

the Eastern States in 1843, he had not become a citizen of the United

States. As the rest of his life was spent as a Methodist minister in the

United States, he probably became a citizen of the latter country. Rev.

Daniel Lee, I believe, took no part in, nor did he encourage, or

sympathize with any action against Dr. McLoughlin.

Joseph Holman (not a relative of mine) was born in England, August 20,

1815. In 1833 he went to Canada where he lived for several years. About

1836 or 1837 he went to Ohio and later went to Illinois. In 1839 he

started for Oregon. He arrived at Fort Vancouver June 1, 1840, the same

day the Lausanne arrived there. In 1840 or 1841 he became connected with

the Methodist Mission. Shortly after his arrival he took up a land claim

a mile square near the present city of Salem. A person could not become

a citizen of the United States until he had resided therein for at least

five years. So he could not become such a citizen in the East for he had

not resided in the United States more than three years when he started

for Oregon in 1839. It was in Oregon, after the United States Courts

were established in 1849, that Joseph Holman first made application to

become a citizen of the United States and became one. As Jason Lee and

Daniel Lee took up the land on which the Methodist Mission was situated

and they were British subjects, their rights as land claimants were the

same as those of Dr. McLoughlin. The Mission, as such, had no legal

status to acquire land prior to the Act of 1848 organizing Oregon

Territory. The land claim of Joseph Holman had the same status as that

of Dr. McLoughlin--just as good, but no better.

_Abernethy Island._

I have spoken of this settlement with Waller, in 1844, in order to treat

separately of the taking of Abernethy Island from Dr. McLoughlin. The

land controlling the water-power on the west side of the falls of the

Willamette River was not taken nor claimed by any one until after the

year 1841. It is on the west side where the water-power of the falls is

now mostly used. It could have been had for the taking at the time

Abernethy Island was "jumped." Dr. McLoughlin's land claim was on the

east side of the river. As I have said, Felix Hathaway, in the

employment of the Mission, in 1841 began to build a house on Abernethy

Island, but after Dr. McLoughlin's remonstrance to Waller, the building

operations on the island ceased at that time. Dr. McLoughlin erected a

small house on the island. In 1841 the Oregon Milling Company was

formed. Almost all of its members belonged to the Methodist Mission.

Hathaway conveyed all his right and title to the island to the Oregon

Milling Company, a part of the consideration to be paid by a Committee

of the Oregon Milling Company in behalf of that Company. Rev. A. F.

Waller is the one first named, of the Committee, in the deed. This deed

is recorded at page 52 of Book 2, Record of Deeds of Clackamas County.

This record shows the date of the deed as November 23, 1852. This is

evidently an error of the copyist, as to the year. It doubtless was

1842, for Hathaway, by the deed, conveyed all his "right and title to

the island on which said Company _are now constructing mills_," etc.

This is a very religious deed. Hathaway in this conveyance covenanted to

warrant and defend the island against all persons "(the Lord excepted)."

Among the cargo of the Lausanne, which all belonged to the Methodist

Mission, was machinery for flour-mills and for saw-mills. The Methodist

Mission established both a saw-mill and a grist-mill, run by

water-power, near Chemekete (now Salem). These were in operation in

1841. These mills were much nearer the Willamette settlements than

Oregon City was. In the Fall of 1842 the Oregon Milling Company had

erected a saw-mill on the island, intending to follow it with the

erection of a flour-mill. It will be noted that there were then no

courts in Oregon, for the Provisional Government was not organized until

1843. Dr. McLoughlin and the Hudson's Bay Company were not under the

jurisdiction of the Provisional Government until 1845. In the fall of

1842 Dr. McLoughlin became satisfied that it was the intention of some

of the Methodist missionaries to take his land and to deprive him of his

water rights. To save his interests he forthwith built a saw-mill on

the river bank near the island, and gave notice that he would erect a

flour-mill in a short time.

_The Shortess Petition._

The enemies of Dr. McLoughlin then determined to send a petition to

Congress. It is said that this petition was drawn by George Abernethy,

who then, as steward of the Mission, kept its store at Oregon City, and

had charge of all its secular affairs, but that Abernethy was unwilling

to have it known that he was connected with the petition, so it was

copied by a clerk, named Albert E. Wilson. Abernethy wished to appear

friendly to Dr. McLoughlin; to act otherwise might hurt the Mission and

Abernethy in his business.[39] The first signature to this petition was

that of Robert Shortess, who arrived in the Willamette Valley in April,

1840. He joined the Methodist Church about 1841. He was then intense in

his dislike of the Hudson's Bay Company and its officers. From the fact

that he was the first signer, this petition is known as the "Shortess

petition." It was signed by sixty-five persons. Of these about one-third

were immigrants of 1842, who had been in the country less than six

months. This petition is addressed to Congress. It is dated March 25,

1843. It begins with a short statement that the petitioners have no laws

to govern them. That "where the highest court of appeal is the rifle,

safety in life and property cannot be depended on." Until these people

attempted unfairly to take Dr. McLoughlin's land, the Golden Rule had

prevailed and the appeal to the rifle was always "conspicuous by its

absence." This petition then calls attention to the domination of the

Hudson's Bay Company, and its successful opposition to Bonneville and

Wyeth, and that that Company formerly would not sell cattle, and its

opposition to the loan of cows and the return of the increase, which is

true; and that in case of the death of a cow, the settler had to

pay--which is false.

This petition further sets forth that in 1842 the settlers formed a

company for supplying lumber and flour. That they selected an island at

the falls of the Willamette. That after commencing they were informed by

Dr. McLoughlin that the land was his. This is true, as to the company

and the information by Dr. McLoughlin, but false, by indirection, in

this, that they knew the island for years had been claimed by him as his

property. The petition proceeds, "However, he erected a shed on the

island, after the stuff was on the island to build a house, and then

gave them permission to build under certain restrictions. They took the

paper he wrote them containing his conditions, but did not obligate

themselves to comply with the conditions, as they did not think his

claim just or reasonable." In the latter statement the members of the

Oregon Milling Company, who signed the petition, stated an estoppel to

themselves. They could not enter into possession under conditions and

then refuse to abide by them. This was pleading themselves out of Court,

not to mention their admitted breach of faith.

This petition then mentions the erection of the saw-mill by the Oregon

Milling Company and complains of the erection of a mill by Dr.

McLoughlin, and says that he can manufacture lumber cheaper than the

Milling Company can. Nevertheless, the Oregon Milling Company succeeded.

This petition then goes into puerility about the measurement of wheat by

the Hudson's Bay Company, which Dr. White in his report, dated April 1,

1843, to the Commissioner of Indian Affairs, and hereinbefore referred

to, says is untrue, for he knows the measure to be exact. This petition

does not state (which is true) that when Dr. McLoughlin found that wheat

weighed more than sixty pounds to the bushel, he raised the price paid

to settlers, correspondingly. This petition sets forth, however, that

Dr. McLoughlin had surveyed his claim, platted it, and called it Oregon

City; and that he had given a notice dated January 18, 1843, requiring

all persons claiming lots on his land, before February 1, 1843, to apply

for a deed, or a bond for a deed, as the case might be, which he would

give. Dr. McLoughlin required a payment of five dollars to his attorney

for making the deed or bond. As these people were all trespassers, it

would seem that this action of Dr. McLoughlin was a very generous one.

There is a very significant phrase in the Shortess petition, which

indicates that the conspiracy to deprive Dr. McLoughlin of his land

claim had its inception before that time. In this petition, after saying

that Dr. McLoughlin did not own his Oregon City land claim, it is said

"and which we hope he never will own." This phrase is omitted in the

copy of the Shortess petition in Gray's _History of Oregon_ and in

Brown's _Political History of Oregon_.[40] This phrase is referred to in

Thurston's speech of December 26, 1850, as justifying his actions in

giving Dr. McLoughlin's land claim to Oregon for an university.[41] I

shall not discuss some of the allegations of this petition, as they are

trivial and unimportant. This petition was given to W. C. Sutton to be

taken to Washington. Dr. McLoughlin applied to Shortess for a copy of

this petition, but the request was refused.

_Land Laws of the Provisional Government._

As I have stated, in July, 1843, the Provisional Government went into

effect. Its land laws were purposely framed against Dr. McLoughlin's

claim, and in favor of the Methodist Mission. These land laws allowed

any person, without regard to citizenship, who was then holding or

wished to establish a land claim in Oregon, not exceeding 640 acres, "in

a square or oblong form, according to the natural situation of the

premises," to have such land claim. Those in possession were allowed one

year in which to file a description of the claim in the Recorder's

office. Dr. McLoughlin filed his description in 1843. The survey was

made by Jesse Applegate in 1843. The record is now in the office of the

Secretary of State at Salem, Oregon. In having this survey made Dr.

McLoughlin had it extend only about half way from the falls to the

Clackamas River and so as to include not more than six hundred and forty

acres. He abandoned that part of his original claim extending between

his new north line and the Clackamas River.

Article 4 of these land laws of 1843 was the one intended to deprive Dr.

McLoughlin of his claim. It was as follows: "Art. 4. No person shall be

entitled to hold such a claim upon city or town sites, extensive water

privileges, or other situations necessary for the transaction of

mercantile or manufacturing operations, to the detriment of the

community: _Provided_, that nothing in these laws shall be so construed

as to effect _any claim of any mission_ of a religious character, made

previous to this time, of an extent of not more than _six miles

square_." This land law was amended in July, 1845. The only material

change, so far as is necessary for the purposes of this monograph, was

that said Section 4 of the land laws of 1843 was repealed. It was after

the repeal of the objectionable and unfair Section 4 of the land laws of

1843 that Dr. McLoughlin for himself and the Hudson's Bay Company joined

the Provisional Government.

_Dr. McLoughlin's Naturalization._

After Dr. McLoughlin sent his resignation to the Hudson's Bay Company,

in 1845, he determined to become a citizen of the United States. In 1845

he consulted with Peter H. Burnett, then Chief-Justice of the

Provisional Government, and with Jesse Applegate, about taking the oath

of allegiance to the United States, and taking out his first

naturalization papers, but Burnett had no authority from the United

States, or other jurisdiction, to administer such an oath (or to issue

such papers) and so advised Dr. McLoughlin. Although this matter was

well known in Oregon, it gave Dr. McLoughlin's enemies a chance to say

that he was a British subject, and had not taken the oath of allegiance

to the United States, nor applied to become a citizen of the United

States. August 14, 1848, the bill establishing the Territory of Oregon

became a law. March 2, 1849, General Joseph Lane, the first Territorial

Governor of Oregon, arrived at Oregon City. March 3, 1849, he issued his

proclamation assuming charge as governor. Soon after the Territory of

Oregon was organized and courts of the United States established. The

assignment of Judges to their respective districts was made May 13,

1849. May 30, 1849, Dr. McLoughlin took the oath and made his

declaration to become a citizen of the United States, as required by the

naturalization law. So he acted with promptness. This was well known in

Oregon at the time. Dr. McLoughlin voted at Oregon City at the first

general election held in June, 1849, but he did not vote for Thurston as

delegate to Congress, which Thurston knew. Under the act of Congress,

organizing Oregon as a territory, all aliens who had declared, on oath,

their intentions to become citizens of the United States, and taken an

oath to support the Constitution of the United States and the provisions

of the act establishing the Territorial Government of Oregon, were

entitled to vote at the first election. Dr. McLoughlin became a citizen

of the United States, at Oregon City, September 5, 1851. The

naturalization law then allowed an alien to become a citizen of the

United States two years after taking the oath and making his

declaration, if he had lived in the United States for five years. His

witnesses were A. L. Lovejoy, A. A. Skinner, and Theodore Magruder. His

admission to citizenship was based on his said oath and declaration of

May 30, 1849.

_Conspiracy against Dr. McLoughlin._

It was in 1849 that the conspiracy against Dr. McLoughlin and his land

claim began to become effective. In 1846 Governor Abernethy became the

sole owner of the Oregon Milling Company and its property on Abernethy

Island, Abernethy and his son claiming to own the island, which was then

known as "Governor's Island," in supposed compliment to Governor

Abernethy. W. P. Bryant, the first Territorial Chief-Justice of Oregon,

arrived in Oregon April 9, 1849. May 29, 1849, fifty days after his

arrival he purchased all said interests of Gov. Abernethy and son.

Bryant gave his promissory notes to Gov. Abernethy, aggregating $30,000

in principal, as part consideration for the purchase. Bryant also bought

from Gov. Abernethy, on time, wheat, flour, and staves for about $2500

and a quantity of lumber and logs, the value of which I am unable to

give. Bryant's judicial district included Oregon City.[42]

In June, 1849, Samuel R. Thurston was elected Territorial Delegate to

Congress from Oregon. He arrived in Oregon in the fall of 1847. He was

shrewd enough to obtain the support of the Mission Party. He skillfully

made his canvass largely against the Hudson's Bay Company. Having the

support of the Mission Party, and many of the voters being then in the

California mines, Thurston was elected. The vote was as follows:

Thurston, 470; Columbus Lancaster, 321; J. W. Nesmith, 106; Joseph L.

Meek, 40; and J. S. Griffin, 8. The most important measure for Oregon

was the passage of a land law, for no person had or could then obtain a

legal title to land. It was all owned by the United States except the

small portions granted to the Missions. Thurston used his best endeavors

to obtain the passage of such a bill. But he was anxious for re-election

and to ingratiate himself with the Mission Party and the conspirators

against Dr. McLoughlin.

_Thurston's Letter to Congress._

Thurston prepared the way, by a letter addressed to the members of the

House of Representatives, for introducing into the land bill a section

depriving Dr. McLoughlin of his Oregon City claim. This letter contains

many false statements. This section is section eleven of the Donation

Land Law, which was passed without opposition. To this section I shall

presently refer.

This letter to the members of the House of Representatives was issued by

Thurston at Washington, D. C., in the month of May or the early part of

June, 1850. Said letter was published in full in the _Oregon Spectator_

of September 12, 1850. Nothing was known in Oregon or California of this

letter until late in August or early in September, 1850. As this letter

is quite long and relates mostly to the general features of the Oregon

Donation Land Bill and the necessity of its passage, I have omitted all

that part of the letter excepting Thurston's discussion of the eleventh

section of that bill, which contains all that part of the letter

referring to Dr. McLoughlin and his land claim. In that part of his

letter Thurston said:

Dr. John McLoughlin, the Father of Oregon · 第 6 / 18 段