"It is therefore agreed as follows: The said Alvan F. Waller

agrees to surrender make over and forever abandon unto the said

John McLoughlin his heirs administrators and assigns and in his

favor, all claims rights and pretensions whatsoever which he

now has within or to the said above mentioned Tract or survey

of land or any part thereof. The said Waller further agrees to

withdraw any proceedings which he or his attorney may have

commenced in any of the courts of the United States touching

the said tract or survey of land and to abstain from at any

future time instituting any proceedings to secure to himself

the title of the said tract or survey of land in opposition to

the said McLoughlin or to his detriment in any way whatsoever,

or to sell or otherwise dispose of to any person whatsoever

other than the said McLoughlin any claim or right which he the

said Waller may have in the same.

"And the said John McLoughlin agrees in consideration of the

above mentioned acts and agreements on the part of the said

Alvan F. Waller to pay to the said Waller the sum of five

hundred dollars and further to convey to the said Waller the

premises now occupied by him being lots number two and seven in

Blocks number one in Oregon City in said survey--also the

entire Blocks numbers fifty four, forty one and eighteen and

lots one, two, three, six, seven, and eight in Block number

eleven all included in the plot Oregon City aforesaid; and the

said John McLoughlin further agrees to give to said Alvan F.

Waller his Bond conditioned for a good and sufficient Warrantee

Deed to all the above specified premises.

"And the said John McLoughlin further agrees to convey to

David Leslie now acting superintendent of the Oregon Methodist

Episcopal Mission lots three, four, five and six in Block

number one and also lots numbers four and five in Block twenty

eight and also the entire Block number twenty nine on the plot

of Oregon City aforesaid; and the said John McLoughlin further

agrees to give to the said David Leslie his Bond conditioned

for a good and sufficient warrantee deed accordingly to all the

above specified premises.

"Signed with our names and sealed with our seals this day and

year first above mentioned.

"JOHN MCLOUGHLIN" { }

"ALVAN F. WALLER" {L. S.}

"DAVID LESLIE" { }

"Witnesses"

"JAMES DOUGLAS"

"ELIJAH WHITE"

"A. L. LOVEJOY"

"W. GILPIN."

"True Copy of the original.

"Attest: W. W. RAYMOND.

"Wallamette Falls July 24, 1844."

A copy of the bond, dated April 4, 1844, given by Dr. John McLoughlin to

Rev. A. F. Waller, as provided in said Articles of Agreement of the same

date, is in the possession of the Oregon Historical Society. It is also

certified to be a true copy by said W. W. Raymond. This certified copy

was, also, among the private papers of Rev. A. F. Waller at the time of

his death.

Frances Fuller Victor, who had access to original documents, says that

the reasons why the agreement set forth in this Document J, came to be

entered into are as follows: In April, 1844, Dr. Elijah White suggested

that the differences between Dr. McLoughlin and A. F. Waller about the

Oregon City land claim might be settled by arbitration. Dr. McLoughlin

finally consented to this plan. The arbitrators chosen were Dr. Elijah

White, Major Gilpin, and James Douglas, on the side of Dr. McLoughlin,

and Revs. David Leslie and A. F. Waller on the side of Waller and the

Methodist Mission. All the arbitrators, except Douglas, were citizens of

the United States. Major Gilpin had attended West Point and had been an

officer in the regular army of the United States. He came to Oregon with

Fremont's expedition. Rev. David Leslie was then the acting

Superintendent of the Methodist Mission.

Waller insisted that he should receive five hundred dollars and five

acres for himself and the Methodist Mission should receive fourteen

lots. White and Gilpin considered this exorbitant and opposed it. They

were finally persuaded by Douglas to agree to Waller's terms. Douglas

said to Dr. McLoughlin, "I thought it best to give you one fever and

have done with it. I have acceded to the terms and signed the

papers."[66]

While Dr. McLoughlin signed these agreements and executed these bonds

and carried them out as far as he was able to, he was not pleased with

being compelled to accede to these demands, which he considered unjust.

If Waller, either for himself alone or for himself and the Methodist

Mission, were entitled to the 640 acres of Dr. McLoughlin's land claim,

Waller and it should have insisted on having the whole claim. The

proposition of Waller to accept $500 and five acres of land and for Dr.

McLoughlin to give the Mission fourteen lots shows that in the minds of

Waller and the Mission his and its claims were, to say the least, very

dubious ones. Dr. McLoughlin could but consider that he had been forced

to comply with these demands, not as a question of right, but as a

question of expediency and to get rid of these false claims.

DOCUMENT K

_Statement of the career in Oregon of Judge W. P. Bryant._

I have been unable to learn much about Judge W. P. Bryant, except his

actions in connection with Abernethy Island and against Dr. McLoughlin.

To his _Biennial Report_ of 1899 (page 190) Hon. H. R. Kincaid, as

Secretary of State for Oregon, added an Appendix giving short

biographies of the Chief Justices of Oregon and of other Oregon

officials. Of Judge Bryant the Secretary of State said only: "There are

no official records in the Department of State to show when Mr. Bryant

assumed the duties of his office nor for what period he served. The

decisions of the Supreme Court at the time when he served were not

reported. Mr. Bryant was appointed by the President from some eastern

state and only served here a short time when he again returned east."

In the _History of Oregon_ in Bancroft's Works, it is said: That Judge

Bryant's home was in Indiana; that he was appointed Chief Justice of

Oregon in August, 1848, and arrived in Oregon April 9, 1849; that he

resigned as Chief Justice January 1, 1851, having spent but five months

in Oregon; that upon his resignation he returned to Indiana, where he

soon died.

DOCUMENT L

_Letter of Dr. John McLoughlin, published in the "Oregon Spectator,"

Thursday, September 12, 1850._

"Mr. Editor:

"In the Congressional Globe of May 30th, 1850, is the following language

of Mr. Thurston, the Delegate from Oregon, to which I wish to invite the

attention of the public.

"'And as to the humbug about the Hudson's Bay Company, mentioned by the

gentleman from Missouri [Mr. Bowlin], I have to say that I know of no

humbug about it; this Company has been warring against our Government

for these forty years. Dr. McLoughlin has been the chief fugleman, first

to cheat our Government, out of the whole country, and next to prevent

its settlement. He has driven men from their claims, and from the

country, to stifle its efforts at settlement. In 1845 he sent an express

to Fort Hall, eight hundred miles, to warn the emigrants, if they

attempted to come to the Willamette, they would all be cut off; they

went and none were cut off. How, sir, would you reward Benedict Arnold,

were he living; he fought the battles of the country, yet, by one act of

treason, forfeited the respect of that country. A bill for his relief

would fail, I am sure; yet this Bill proposes to reward those who are

now, have been, and ever will be, more hostile to our country, because

more Jesuitical.'

"What Mr. Thurston means by 'warring against our government for these

forty years,' I know not. I am certain, however, that the H. B. Co. had

a right to carry on trade under the treaty of joint occupation of the

country--even were we to look no farther for another foundation of the

right. I am sure, moreover, that the business of the Company was so

managed as to bear the strictest scrutiny, and to be in all respects

subservient to the best interests of the country, and the duties of

religion and humanity. The government and policy of the Company were

such as to render traveling safe, and the Indians were friendly to

whites. When the Hudson's Bay Company first began to trade with these

Indians they were so hostile to the whites that they had to mount guard

day and night at the establishment, have sentinels at the gates to

prevent any Indian entering, unless to trade, and when they entered, to

take their arms from them. The Columbia could not be traveled in parties

of less than sixty well armed men; but, by the management of the

Company, they were brought to that friendly disposition that _two_ men,

for several years back, can travel in _safety_ between this and Fort

Hall.

"Mr. Thurston is pleased to describe me as 'chief fugleman to the

Hudson's Bay Company.' This is a term which he probably gathered from

the vocabulary in which he found the word 'gumption,' with which he

recently garnished another dish, and which he seems to have prepared for

appetites similar to his own. By the use of this, and such like epithets

it will at once be seen that he has a field of literature which he is

likely to occupy without a rival, and the exclusive possession of which

no one will deny him. Neither my principles nor my tastes lead me in

that direction. But I am described as a 'fugleman' of the Hudson's Bay

Company; first to cheat our Government out of the whole country, and

next to prevent its settlement. I am an old man, and my head is very

white with the frost of many winters, but I have never before been

accused as a cheat. I was born a British subject--I have had for twenty

years the superintendence of the Hudson's Bay Company's trade, in

Oregon, and on the North West Coast; and may be said to have been the

representative of British interests in this country; but I have never

descended to court popularity, by pandering to prejudice, and doing

wrong to anyone. I have, on the other hand, afforded every assistance to

all who required it, and which religion and humanity dictated; and this

community can say if I did so or not. My language to all who spoke to me

on the subject of politics, was that situated as we were we ought to say

nothing about the boundary question, as that was an affair of the

Government; but to live as Christians in peace and concord, and in

acting as I did I consider that I have rendered services to the British

and American Governments. But if I had acted differently, the Government

would have had difficulties, and this community would perhaps not have

enjoyed the peace it has, nor be in so prosperous a condition as it is,

and certainly there is not a man in it who will say that I have sought

to prevent its settlement. There are, in this Valley, very many persons,

and especially among the earliest immigrants, of the first years of the

settlement of the country, who are sufficiently honest to admit that the

country could never have been colonized as easily as it was, but for the

timely, ample, and continuous assistance rendered by me, to them, with

the means of the Hudson's Bay Company under my charge. Provisions were

sent to meet the immigrants--boats were dispatched to convey them down

the Columbia,--when arrived on their claims, cattle were loaned

them--they were supplied with clothing, food, farming utensils, and

wheat for seed. Very many of these men honorably paid, as soon as they

could; others, though able to pay, and though their notes have been

standing for many years, testify their sense of the number and magnitude

of my favors by signing a _secret_ Memorial to the Congress of the

United States, to take from me my property, and to leave me in the

decline of life, and in the decrepitude of old age, to the companionship

of adders, who--when they were benumbed with frost, I gathered from the

hedges and warmed into life, to feel, when alas! too late, the stings

of their ingratitude.

"For additional proof, in repelling these calumnies, I could refer to

many sources: Wilkes' Journal, Fremont's Narrative, to American

travelers and writers, and to letters from many and many an immigrant to

this country, and now residents in this valley, stating to their friends

in the States the kindness I had shewn them, and who, I am sure, would

acknowledge it, and are as much surprised at the charge brought against

me as I am myself. But, moreover, it is well known that the fact of my

having aided in the settlement of this country has been a subject of

serious complaints, and grave charges made against me, by subjects of

Her Britannic Majesty, during the pending of the boundary question--who

seem to have been imbued with the same kind disposition toward their

fellow men as Mr. Thurston.

"Mr. Thurston says, 'In 1845 he [Dr. McLoughlin] sent an express to Fort

Hall, eight hundred miles, to warn the immigration that if they

attempted to come to the Willamette, they would be all cut off.' This is

a calumny as gratuitous as it is unprovoked; but it is with mingled

emotions of astonishment and indignation that I have accidentally become

acquainted with the contents of another document, entitled a 'Letter of

the Delegate from Oregon to the members of the House of Representatives,

in behalf of his constituents touching the Oregon Land Bill.' On the

back of the only copy sent, is written in the handwriting of Mr.

Thurston--'Keep this still till next mail, when I shall send them

generally. The debate on the California Bill closes next Tuesday, when I

hope to get it and passed--my land bill; keep dark till next mail.

"'THURSTON.'"

"'June 9, 1850.'"

"In the paragraph already quoted from the Globe of June 30, Mr. Thurston

affirms that I am a more dangerous man than Benedict Arnold was;

because, as he states, I am more 'Jesuitical.' Webster, the celebrated

American Lexicographer, defines Jesuitism thus: 'Cunning, deceit,

prevarication, deceptive practices'--yet this same man, Mr. Thurston,

who bestows epithets upon me without stint and beyond measure; who

accuses me of being 'Jesuitical,' and who occupies the situation of a

grave legislator, admits that his measures will not bear the light of

truth, and he requires his friend to keep still, until he shall complete

the perpetration of a deed of wickedness. Is this not the cunning of the

fox? who prowls around in the darkness, that he may rob the hen-roost of

the farmer while he is sleeping, without a suspicion of a meditated

evil. Is not the sending of such a document, with the request written

upon it to keep 'dark,' a deceptive practice, within the very letter and

meaning of Webster's definition of Jesuitism? Mr. Thurston, it appears,

was afraid of the light of facts, which he did not desire to have

communicated to the Government at Washington, before he completed an act

of contemplated wrong doing.

"In the letter referred to, speaking of Oregon City, he says, 'The

Methodist Mission first took the claim with the view of establishing

here their Mills and Mission--they were forced to leave it under the

fear of having the savages of Oregon let loose upon them.' This charge

is likewise without a fraction of truth, as a few facts will

demonstrate. In 1829, I commenced making preparations at the falls of

the Willamette, for building a sawmill. I had a party residing there

during the winter of 1829 and 1830. This party, in my employment, and

paid with my money, built three houses, and prepared the timber for the

erection of a mill. Circumstances rendered the suspension of the mill

for a while necessary. In the spring of 1830 I commenced cultivating the

ground at the Falls. In the year 1832 I had a mill race blasted out of

the rocks, from near the head of the island which Mr. Thurston calls

Abernethy Island--but Mr. Thurston found it convenient to conceal from

the United States Government that Mr. Abernethy and others purchased the

island from F. Hathaway, who jumped the island in the first instance,

and that Judge Bryant and Gov. Lane finally purchased whatever right Mr.

Abernethy had acquired. The Indians having burnt in 1829 the timber

which during that same year had been prepared for the erection of the

mill, I had, in the summer of 1838, another house built at the Falls;

during the same year I had squared timber prepared and hauled to the

place at which I had originally proposed to erect a mill; the erection

of the mill was again postponed. In 1840 the Rev. Jason Lee,

superintendent of the Methodist Mission in Oregon, applied to me for the

loan of some of the above mentioned timber, for the purpose of erecting

a Mission building. To this request I assented, and at the same time

sent Dr. F. W. Tolmie to point out to the Rev. Mr. Lee the spot upon

which he might build. Up to this time, it should be observed that no

effort had been made to interfere with my claim, and no one called in

question my perfect right to make it. It should be borne in mind, too,

that I commenced improving in 1829, and that the missionaries did not

come here till 1834. To prevent, however, any future misunderstanding,

growing out of any occupancy of sufferance, I handed Mr. Lee a letter,

dated Vancouver, 21st July, 1840, in which I described the extent of my

claim, as embracing 'the upper end of the Falls, across to the Clackamas

Falls, in the Willamette, including the whole point of land _and the

small Island in the falls, on which the portage is made and which I

intend to claim when the boundary line is drawn_.' The words italicised

are not so in the original. I now do this to call attention to them. Up

to this time no one but myself claimed the island. Mr. Lee promised to

return the timber he procured to erect the building, with the wood thus

loaned Mr. Waller and family, who were placed in it by Mr. Lee. I gave

Mr. Lee permission to occupy, as a mission store room, a house I had got

erected for myself. Up to 1841 my claim to the island had never been

interfered with; in this year Mr. Felix Hathaway put some logs on the

island. I gave him notice of my claim, and erected a small house upon

the island. Hathaway finally proceeded with his building. I did not

forcibly eject him because I wished to preserve the peace of the

country. In the autumn of 1842, I first heard that the Rev. Mr. Waller,

as I was informed, set up a claim in conflict with mine, (not for the

Mission, but in his own name.) I subsequently bought off Mr. Waller, in

the same anxious desire to preserve the peace.

"In conclusion of this part of the subject I will remark that when Mr.

Waller requested Capt. W. K. Kilbourn, who resides in this place, to

assist him in putting up the logs which I had loaned to Mr. Lee, Capt.

Kilbourn said to him: 'I will not assist to build the house, if you

intend to set up any claim here.' Mr. Waller disavowed any such

intention.

"In 1842 I had the claim surveyed by Mr. Hudspath, and laid off some

lots; in the fall of 1843, there being better instruments in the

country, I had my claim surveyed by Jesse Applegate, Esq., who more

accurately marked its streets, alleys, lots, etc., etc. When the Oregon

Provisional Government was formed, I recorded my claim in accordance

with the provisions of its organic laws; this record covers the island

and the site of Oregon City. In making this record, I circumscribed the

limits of my claim, so that instead of extending down to the Clackamas

River, as I had made it previous to there being any government in the

country, I made it so as to extend only about half way down. This I did

because the Organic Law provided that no one should hold more than six

hundred and forty acres. This I did also for the sake of peace,

notwithstanding Mr. Thurston is not ashamed to more than intimate a

disposition to 'let loose upon them savages of Oregon.' Mr. Thurston

says, 'He has held it by violence and dint of threats up to this

time.'--That I have held my claim or any part of it by violence or

threats, no man will assert, and far less will one be found to swear so,

who will be believed on his oath, in a court of justice. I have probably

no other enemy than Mr. Thurston, so lost to the _suggestions_ of

conscience as to make a statement so much at variance with my whole

character.

"He says that I have realized, up to the 4th of March, 1849, $200,000

from the sale of lots; this is also wholly untrue. I have given away

lots to the Methodists, Catholics, Presbyterians, Congregationalists,

and Baptists. I have given 8 lots to a Roman Catholic Nunnery, 8 lots to

the Clackamas Female Protestant Seminary, incorporated by the Oregon

Legislature. The Trustees are all Protestants, although it is well known

I am a Roman Catholic. In short, in one way and another I have donated

to the county, to schools, to churches, and private individuals, more

than three hundred town lots, and I never realized in cash $20,000, from

all the original sales I have made. He continues, 'He is still an

Englishman, still connected with the Hudson's Bay Company, and refuses

to file his intentions to become an American citizen.' If I was an

Englishman, I know no reason why I should not acknowledge it; but I am a

Canadian by birth, and an Irishman by descent. I am neither ashamed of

my birth-place or lineage--but it has always appeared to me that a man

who can only boast of his country has little to be proud of:

"'A wit's a feather, a chief, a rod--

An honest man's the noblest work of God.'"

"I was a Chief Factor in the Hudson's Bay Company's service, and by the

rules of the Company, enjoy a retired interest, as a matter of

right.--Capt. McNeil, a native born citizen of the United States of

America, holds the same rank as I held in the Hudson's Bay Company

service. He never was required to become a British subject; he will be

entitled, by the laws of the Company, to the same retired interest, no

matter to what country he may owe allegiance.

"I declared my intention to become an American citizen on the 30th May,

1849, as any one may see who will examine the records of the court, in

this place. Mr. Thurston knew this fact--he asked me for my vote and

influence. Why did he ask me for my vote if I had not one to give? I

voted and voted against him, as he well knew, and as he seems well to

remember. But he proceeds to refer to Judge Bryant for the truth of his

statement, in which he affirms that I assigned to Judge Bryant, as a

reason why I still refuse to declare my intention to become an American

citizen, that I cannot do it without prejudicing my standing in England.

I am astonished how the Supreme judge could have made such a statement!

as he had a letter from me pointing out my intention of becoming an

American citizen. The cause, which led to my writing this letter, is

that the island, called Abernethy's Island by Mr. Thurston, and which he

proposes to donate to Mr. Abernethy, his heirs and assigns, is the same

island which Mr. Hathaway and others jumped in 1841, and formed

themselves into a joint stock company, and erected a saw and grist mill

on it, as already stated. From a desire to preserve peace in the

country, I deferred bringing the case to trial, till the government

extended its jurisdiction over the country; but when it had done so, a

few days after the arrival of Judge Bryant and before the courts were

organized, Judge Bryant bought the island of George Abernethy, Esq., who

had bought the stock of the other associates, and as the Island was in

Judge Bryant's district, and as there was only two judges in the

Territory, I thought I could not at the time bring the case to a

satisfactory decision. I therefore deferred bringing the case forward to

a time when the bench would be full. In July or August, 1849, Gov. Lane

told me Judge Bryant would speak to me in regard to my claim on the

Island; the Judge did so and asked me to state the extent of my claim.

To avoid mistakes and misunderstandings, to which verbal communications

are subject, I told him I would write him, and accordingly addressed him

the following letter:

"OREGON CITY, 21st Aug. 1849."

"_To the Hon. W. P. Bryant_:

"Sir--

"I hasten to comply with your request, 'that I state the extent

of my claim to the Island within ten days,' and I beg to refer

you to the books of recorded land claims, kept by Theo.

McGruder, Esq., for the extent of my claim; and I shall expect

a transfer of the fee simple of the whole ground, with all and

every privilege from the United States of America, as soon as

it shall meet the pleasure of my adopted government to act in

the matter.

"I have the honor to be

"Your obedient humble servant,

[_Signed_] "JOHN McLOUGHLIN."

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