It must be borne in mind that many thousands of people, men, women, and

children, came to Oregon in the immigrations after 1846. There were

probably in the immigrations of 1847 to 1850, inclusive, an aggregate of

more than ten thousand people, the number of men being in the ratio of

about one to four. The immigration of 1847 was composed of over four

thousand persons. These later immigrants did not experience the

difficulties which beset the earlier immigrants along the Columbia River

and from there to the Willamette Valley. They did not need the

assistance of Dr. McLoughlin which the immigrants of 1843, 1844, and

1845 did. They found Oregon City a small but thriving settlement. Some

of them were easily led to believe that Dr. McLoughlin was not entitled

to his land claim, which they thought was a valuable one, especially as

he was technically a British subject. But most of them were friendly to

him for his kindness to them, and for what he had done for the earlier

immigrants. They appreciated that he was justly entitled to his land

claim. The love of justice and fair play were predominant traits of most

Oregon pioneers.

_The Oregon Donation Land Law._

The Donation Land Law passed and was approved by the President

September 27, 1850. Section 4 "granted to every white settler or

occupant of the public lands, American half-breed Indians included,

above the age of eighteen years, being a citizen of the United States,

or having made a declaration, according to law, of his intention to

become a citizen, or who shall make such declaration on or before the

first day of December, eighteen hundred and fifty-one, now residing in

such territory, or who shall become a resident thereof on or before the

first day of December, 1850, and who shall have resided upon and

cultivated the same for four consecutive years, and shall otherwise

conform to the provisions of this act," 320 acres of land, if a single

man, or if a married man, 640 acres, 320 acres being for his wife. The

last sentence of Section 4 is as follows: "Provided further, however,

that this section shall not be so construed as to allow those claiming

rights under the treaty with Great Britain, relative to the Oregon

territory, to claim both under this grant and the treaty, but merely to

secure them the election and confine them to a single grant of land."

Section eleven of said Donation Law is as follows: "Sec. 11. And be it

further enacted, That what is known as the 'Oregon City Claim,'

excepting the Abernethy Island, which is hereby confirmed to the legal

assigns of the Willamette Milling and Trading Companies, shall be set

apart and be at the disposal, of the Legislative Assembly, the proceeds

thereof to be applied, by said Legislative Assembly, to the

establishment and endowment of a university, to be located at such place

in the territory as the Legislative Assembly may designate; Provided,

however, That all lots and parts of lots in said claim, sold or granted

by Doctor John McLoughlin, previous to the fourth of March, eighteen

hundred and forty-nine, shall be confirmed to the purchaser or donee, or

their assigns, to be certified to the commissioner of the general land

office by the surveyor-general, and patents to issue on said

certificates, as in other cases: Provided, further, That nothing in this

act contained shall be so construed and executed as in any way to

destroy or affect any rights to land in said territory, holden or

claimed under the provisions of the treaty or treaties existing between

this country and Great Britain." By the "Oregon City claim" is meant Dr.

McLoughlin's land claim.

This section eleven is unjust in its treatment of Dr. McLoughlin. Not

that Congress was to blame. It did not know the facts. Did not the first

Delegate from Oregon advocate it? Did not the first Territorial Chief

Justice of Oregon then in Washington, advise it? And did not the

Delegate and the Chief Justice say that Dr. McLoughlin was so dangerous

and unprincipled a man as not be entitled to his land claim? And that he

refused to become an American citizen? There was not even a recognition

of Dr. McLoughlin's right to the improvements which he had placed on his

land claim. And there, in all its infamy, said section eleven stands on

the statute books today. If the assigns of the Milling Company were

entitled to Abernethy Island, why should not the courts have settled

the matter according to law and justice, as other contested land claims

were settled?

_The Conspiracy Effective._

The motives and scheme of the conspirators to deprive Dr. McLoughlin of

his land claim were very simple but effective. They desired to obtain

Abernethy Island, which was a part of Dr. McLoughlin's land claim, for

the assigns of the Oregon Milling Company. They desired to deprive Dr.

McLoughlin of the rest of his land claim to wreak their malice against

him, and at the same time, by statute passed by Congress, to have their

actions against him apparently justified. Theirs was an uneasy

conscience. It was, therefore, necessary to make it appear to Congress

that Dr. McLoughlin was not only not entitled to his land claim nor any

part of it, but that he should not have it under any circumstances; that

Dr. McLoughlin was a man dangerous to Oregon, its people, and their

interests, and had unfairly tried to prevent its settlement by citizens

of the United States; that he refused to become an American citizen; and

that he was not really trying to get the land claim for himself, but for

the Hudson's Bay Company, although they knew his resignation had become

effective in 1846. Having so wronged Dr. McLoughlin, they still did not

dare to try to get the whole claim. To keep Dr. McLoughlin, or his

heirs, from ever getting it, they tried to bribe the people of Oregon by

providing that his land claim, less Abernethy Island, should be used for

the establishment of an university, which would be for the benefit of

all the people of Oregon. It was a cunning scheme. Thurston's reward was

to be a re-election as Delegate to Congress. He died before he could be

re-elected.

There was great rejoicing in Oregon, at first, on the passage of the

Donation Land Law. Every settler, except Dr. McLoughlin, could now have

his land claim, for the title to which he had waited so long. A great

university was to be built, without cost to anyone, except Dr.

McLoughlin and his heirs. This was long before the discussion about

using "tainted money." But the reaction against Thurston soon began. The

newspapers printed letters against Thurston's actions in vilifying Dr.

McLoughlin and in taking away his land claim. Thurston's party papers

began to mention or to advocate other available men[51] for Thurston's

position as delegate to Congress.[52]

_Career and Death of Thurston._

Even had the Mission Party, at the next election, been strong enough to

have elected Thurston, had he lived, his political career would probably

not have continued long. April 9, 1851, at the age of thirty-five years

he died at sea off Acapulco, Mexico, while returning to Oregon.

Thurston's letter, speeches, and actions against Dr. McLoughlin are the

one great blot on his career. Thurston was a man of ability, a fluent

speaker, a profuse writer of letters, of untiring energy, but inclined

to be vindictive, and was not careful about the truth of his statements

concerning a person he opposed or disliked. He made quite a reputation

during the short time he was in Congress. He was quite popular in Oregon

until his actions against Dr. McLoughlin became known. But for his

actions against Dr. McLoughlin his memory would even now be highly

regarded in Oregon. The passage of the Donation Land Law was largely due

to his efforts. In spite of said section eleven that law gave great

satisfaction to many people in Oregon. Up to that time no settler had

more than a squatter's right. Man is naturally selfish. Notwithstanding

the treatment of Dr. McLoughlin by this law, many settlers were pleased

that they could now secure titles to their lands, and to that extent

were grateful to Thurston.

Thurston secured appropriations for Oregon aggregating one hundred and

ninety thousand dollars. Of this one hundred thousand dollars were for

expenses of the Cayuse Indian War. He introduced and worked for many

bills favorable to Oregon and busied himself in looking after the

interests of Oregon and his constituents. He wrote a great number of

letters, which were published in the _Oregon Spectator_, calling

attention to what he was doing in Congress and thus kept his name

continuously before the people, for he was a skillful politician. But

his alliance with leaders of the Mission Party was a political error.

This address is about Dr. McLoughlin. I have not attempted to give the

life of Thurston, nor a history of the Methodist Mission. To speak only

of Thurston's actions against Dr. McLoughlin might be taken to mean that

Thurston did nothing else while in Congress. In estimating Thurston's

actions in Congress, those that are to his credit must be taken into

account as well as those which are not. His actions in regard to Dr.

McLoughlin's land claim were an unfortunate bid for popularity, which

reacted on him and his reputation. Thurston's untrue and unjust

statements, his despicable actions, and his false and malicious charges

against Dr. McLoughlin are indefensible. Thurston's untimely death

probably prevented justice being done to Dr. McLoughlin and his devisees

sooner than it was. Thurston was not a strong man physically and it was

thought that he had shortened his life in working for Oregon and his

constituents. To act justly to the living Dr. McLoughlin, in a certain

sense, might be construed as reflecting on the dead Thurston.

_The Methodist Episcopal Church._

All my ancestors and relatives for many generations have been

Protestants. I was brought up under the auspices of the Old School

Presbyterian Church, of which my parents were members from my early

childhood until their deaths at advanced ages. I have never been a

member of any church, but my feelings and sympathies have always been

that of a Protestant. I respect all true sects and denominations of the

great Christian Church. I respect the religion of the Jews, of Buddha,

and of Confucius, for the good that is in them. I respect every man's

religious faith, as long as it is truly a religious faith. I uphold the

right of every man to worship God according to his liking. I respect, I

admire, the man who against opposition and against his material and

business interests follows the dictates of his conscience in religious

and other matters of principle. While I may not agree with him, I defend

his right. It is immaterial to me whether Dr. McLoughlin was a

Protestant or a Roman Catholic. It is sufficient to me that he honestly

acted according to his reason, his judgment, and what he considered was

right. I condemn any persecution of him for being true to his

conscience. I have great admiration for the Methodist missionaries who

were true to their principles, who tried to lead blameless lives and to

convert the Indians, and respected the rights of others. It is

immaterial to me whether the missionaries were Methodists,

Presbyterians, Congregationalists, or Roman Catholics, so long as they

were really missionaries and true to their God, according to their

lights, true to their professions, to themselves, and to their fellow

men. I have no attack to make on religion, nor on the Methodist

Episcopal Church, nor on its true missionaries, clerical or lay.

The Methodist Episcopal Church has been one of the great civilizing

agencies in the United States, particularly in the newer parts of the

country. In its earlier days, and until the great growth of the country

in the past forty or fifty years, it reached a class of people, which no

other denomination could reach or influence, and made better people of

them. All churches and denominations are subject to conditions and to

evolution. And the Methodist Episcopal Church is today one of the great

and influential churches in the United States.

There always have been and there always will be men who make use of

religion for sinister purposes. These unworthy missionaries who were

parties to the unjust treatment of Dr. McLoughlin are not entitled to

escape criticism, nor to have their wrongful acts passed over because of

their religious pretentions. They are subject all the more to severe

condemnation. All good Methodists condemn those wrongful acts of the

missionaries as all true, honest Oregon pioneers condemn the acts of the

pioneers who abused or cheated Dr. McLoughlin. But these base actions

were not sustained by, nor concurred in by all the Methodist

missionaries. Some condemned these actions. Others of these

missionaries, appreciating what Dr. McLoughlin had done for them, and

his humanitarianism, spoke in his praise, but did not break with their

fellows who were persecuting Dr. McLoughlin. Some of the signers of the

Shortess petition afterwards regretted, or were ashamed of their actions

in so doing. Some timid persons may say that it would be better, in this

address, merely to speak of the kind acts and high character of Dr.

McLoughlin and not of the wrongful and unjust ways in which he was

treated by some of the early immigrants, by some of the Methodist

missionaries, by Thurston, by Bryant, and others. But that would not

show what he suffered for the upbuilding of Oregon, nor his martyrdom

on account of his humanity, of his principles, and of his integrity. It

would not be a true, nor an accurate account of his life and time.

Some persons in writing a life of Jesus would speak of his gentleness,

his kindness, and his humanity, and say no more. They would not say

anything against the Pharisees, nor of their condemnation by Jesus,

because the Pharisees were people of some standing in their community,

and did some kindly acts, and for fear of offending the descendants of

the Pharisees. Such historians would not say anything against Caiaphas,

the high priest, nor his actions against Jesus, because they might

offend those religiously inclined. They would not say anything against

those who cried "Crucify him," in their religious zeal. They would not

say anything against Pontius Pilate, for fear of being thought to have

attacked the Judiciary. They would either omit the crucifixion or merely

say the last days of Jesus were passed somewhat in sorrow and in pain.

But such a history would be trivial, and of no value. It would fail to

show what Jesus did and suffered in his endeavors to help mankind. It

would be a history in name only.

_Dr. McLoughlin's Memorial to Congress._

By the passage of the Donation Land Law, and also by reason of the

letter and of the speeches of Thurston in Congress, Dr. McLoughlin was

put in the humiliating position of having to issue a printed circular

letter to get expressions of opinions of others, as to the falsity of

the charges made against him by Thurston, and to support a memorial to

Congress which Dr. McLoughlin afterwards sent to Congress with all the

evidence. But his memorial accomplished nothing. There was, too, the

question that Congress had given away his land claim, which was then

technically the property of Oregon, for an university, and that Congress

could not, with dignity to itself, revoke its gift. And who was Dr.

McLoughlin to Congress? He was away out in Oregon nearly 4,000 miles

from Washington. There were great and serious matters to be considered

by Congress. The Oregon question was settled. What were the wrongs and

misfortunes of one old man to Congress?

In answer to the printed circular issued by Dr. McLoughlin, after the

passage of the Donation Land Law, for the purposes of his memorial to

Congress, he received many commendatory letters. I give merely excerpts

from the letter of that noble old pioneer, Jesse Applegate, an immigrant

of 1843. He wrote: "I have received your letter of inquiries, and take

pleasure in replying to such of them as I personally know to be true. I

came to this country in the fall of 1843, and, from that time forward, I

can safely testify that your conduct has been the most generous and

philanthropic, not only to immigrants from the United States, but to all

requiring your assistance, whether natives or foreigners. I can also say

that you have greatly encouraged and given much assistance in settling

and developing the resources of the country, but I have by no means

considered your motive for doing so political, or that your charitable

acts were intended to advance the interests of any particular nation,

but that you acted in the one case simply from a sense of Christian duty

and humanity, and in the other from a natural desire to be useful in

your day and generation.... But as the office of Chief Factor of the

Hudson's Bay Company is in no way connected with politics, the discharge

of its duties imposed no restrictions upon your private sentiments, and

unless they led to a betrayal of your trust, which has never been

charged against you, as an Irishman and a Catholic, you were free to

feel and express your partiality for the free and tolerant institutions

of the United States. That you did entertain such partiality, from my

first acquaintance with you, need not depend upon my assertion, for it

is a fact well known, and one you did not pretend to conceal."

Jesse Applegate then says, in this letter, that he was present in 1845

when Dr. McLoughlin applied to Judge Peter H. Burnett, the Chief Justice

of the Provisional Government, to take the oath of allegiance to the

United States and to obtain first naturalization papers, but Judge

Burnett declined to grant the request for he believed he did not have

any jurisdiction to do so. Jesse Applegate further said in his letter:

"That 'you pulled down houses and turned women and children out of

them,' is a charge not only false, but too absurd to require refutation

or notice. I can myself state, from experience, which accords with that

of every other destitute immigrant who applied to you for assistance,

either before or since my arrival in the country, that your conduct was

entirely the reverse. My own company, of more than seventy persons,

mostly women and children, who arrived at Vancouver in the storms of

winter, in a condition the most destitute and miserable, were received

by you, not as strangers, or foreigners, or as some would have it,

enemies, but as brethren and fit subjects of hospitality and Christian

charity, and our reception was not more kind and generous than was

extended to every immigrant who sought your hospitality or

assistance.... But however unjust the Oregon Land Law has been towards

you, it may be said in excuse for the members of Congress who passed it,

that with the concurring and uncontradicted evidence of the Delegate and

Chief Justice of Oregon before them, you neither _had_ nor _would_

become an American citizen, they are not chargeable with injustice."[53]

_The Persecution Continued._

The conspirators and their friends did not cease their persecution of

Dr. McLoughlin. They were determined he should not have his land claim.

To protect the reputation of Thurston and the other conspirators, it was

necessary to defeat all actions of the Oregon Legislative Assembly in

favor of Dr. McLoughlin. If that body made any petitions to Congress or

passed any resolutions in favor of Dr. McLoughlin, it would show that he

was entitled to his land claim, the injustice of section eleven of the

Donation Land Law, and that Thurston was guilty of malicious untruths in

his letter to, and his speeches before Congress relating to Dr.

McLoughlin and his land claim. Oregon could not, with propriety, pretend

to act justly to Dr. McLoughlin and still retain his land claim. I

regret to say that the House of Representatives of the Oregon

Legislative Assembly, at its session in 1853-4, not only refused to help

Dr. McLoughlin, but by its actions did him harm. January 6, 1854,

several petitions were presented to the House asking that Congress be

memorialized in favor of Dr. McLoughlin's right to his land claim,

"excepting the Abernethy Island," but the petitions were immediately

laid on the table. January 28, 1854, Orlando Humason presented to the

House the following resolution: "Whereas, the acts of John McLoughlin in

regard to his treatment of the early settlers of Oregon, have, as we

believe, been misrepresented, therefore--RESOLVED, that the generous

conduct of Dr. John McLoughlin in assisting the early settlers of

Oregon, merits our warmest commendations, and that as evidence of the

high estimation in which his services are held by his fellow citizens,

the thanks of this Assembly be tendered to the said Dr. John

McLoughlin."[54] But by the vote of sixteen to seven, three being

absent, the resolution was indefinitely postponed, which was the

legislative way of defeating it. All honor to the seven who voted in

favor of the resolution. Their names are F. C. Cason, L. F. Cartee,

Orlando Humason, B. B. Jackson, J. W. Moffitt, Chauncey Nye, and L. S.

Thompson.

_The End of Dr. McLoughlin's Life._

All these troubles and tribulations naturally told on Dr. McLoughlin. He

was a man of fortitude, who brooded, almost silently, over his sorrows,

with an occasional outburst when his sufferings were too intense. He had

made expensive improvements on his land claim, including a flour-mill

and a saw-mill, and other buildings. No provisions were ever made by

Congress to pay for these improvements. Even his dwelling house at

Oregon City, which for several years had been the home of himself and

his family, was taken from him, with his other improvements, by section

eleven of the Oregon Donation Land Law. It is true he remained in

possession of these improvements, including his home, but by sufferance

only. Because the Territory of Oregon did not sell the land he was not

actually ousted. There was no way to acquire land in Oregon City, taken

from Dr. McLoughlin by said section eleven, except by a law passed by

the Oregon Legislature. And the legislature did nothing.

He could not move nor sell his improvements. They belonged to the land

on which they were erected. Even if he could have sold them they would

have brought but little as they would have to be moved. His mills were

erected to be run by water power and they were conveniently situated on

the bank of the river near the falls, for the economical handling of

wheat and logs and the shipping of products of these mills. They could

not, at that time, be successful financially if they were moved and

operated by steam. He hoped that Congress or the Legislature would

restore his land claim to him. But he hoped and waited in vain. The lion

was entangled in a net. He struggled but he could not escape. And so Dr.

McLoughlin became straitened financially. Had Dr. McLoughlin been

allowed to have his land, he could then have built up a large town at

Oregon City. As it was, investors went to places where titles to land

could be obtained and there built up enterprises. With the moneys from

the sale of land Dr. McLoughlin could have paid the Hudson's Bay Company

all the moneys due by settlers, who had failed or refused to pay. The

payment of this heavy indebtedness Dr. McLoughlin had assumed. It was a

matter of honor with him. He owed nothing else to the Hudson's Bay

Company. The settlers who would not pay their indebtedness caused Dr.

McLoughlin to feel keenly their ingratitude. If they had paid him, he

would have paid the Company in full.

And there, too, was the question of providing after his death for his

loving and faithful wife, to whom he was devoted, and his children. He

had always been generous to his family. He had provided for his mother

until her death at the age of eighty-three years. He had educated four

nieces. He had helped other of his relatives. Is it to be wondered at

that he sometimes felt bitter?

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