The reader will observe the clear statement of the United States Indian

policy in the above communication. That schools, farming, and

civilization are prominent. That the Indians, as the whole of this

report indicates, are rapidly improving under the instructions of the

missionaries in the interior,--Spalding and Whitman in particular. That

Dr. White, in this report, as contained in the previous chapter,

attempts to include Blanchet and associates as erecting mills, etc., for

the benefit of the Indians, while Spalding's and Whitman's stations

were the only places where mills had been erected.

These facts brought so prominently before the British and foreign mind

their sectarian and commercial jealousies; and national pride was so

excited that it knew no bounds and could not be satisfied short of the

effort that was made in 1847-8. Subsequent Indian wars were but the

spasmodic and dying action of the spirit that instigated the first.

It will also be observed that this report brings out the bold efforts of

our foreign emissaries to excite the Indians in the settlement, and to

disturb and divide the American population on the question of an

organization.

CHAPTER XXXIII.

First council to organize a provisional government.--Library

founded.--Origin of the Wolf Association.--The Methodist Mission

influence.--Dr. White exhibits his credentials.--First "wolf

meeting."--Proceedings of the second "wolf

meeting."--Officers.--Resolutions.--Bounties to be

paid.--Resolution to appoint a committee of twelve for the civil

and military protection of the settlement.--Names of the members of

the committee.

A consultation was held at the house of Gray to consider the expediency

of organizing a provisional government. In it the whole condition of the

settlement, the missions, and Hudson's Bay Company, were carefully

looked at, and all the influences combined against the organization of a

settlers' government were fully canvassed. The conclusion was that no

direct effort could succeed, as it had already been tried and failed,

from the combined influence of the Hudson's Bay Company and the Roman

Catholic and Methodist missions. To the writer, who up to this time had

not fully understood all the causes of the failure, it was doubtful. Two

plans were suggested; one, at least, might succeed. The first was to get

up a circulating library, and by that means draw attention and

discussion to subjects of interest to the settlement, and secure the

influence of the Methodist Mission, as education was a subject they had

commenced. We found no difficulty in the library movement from them,

only they seemed anxious to keep from the library a certain class of

light reading, which they appeared tenacious about. This was not a vital

point with the original movers, so they yielded it. The library

prospered finely; one hundred shares were taken at five dollars a share;

three hundred volumes of old books collected and placed in this

institution, which was called the "Multnomah Circulating Library;" one

hundred dollars were sent to New York for new books which arrived the

following year. Now for the main effort to secure another position.

It will be remembered that in the winter of 1836-7 the Wallamet Cattle

Company was formed. All the settlers that could raise the funds entered

heartily into the project, and such as had no means to advance money for

stock at the time had succeeded in buying from those that would sell.

Besides, part of the estate of Ewing Young had been sold and

distributed, and the Hudson's Bay Company had also organized the Puget

Sound Company, and had begun to distribute cattle; hence almost every

settler, the missions, the Hudson's Bay Company, and some Indians were

owning cattle.

The wolves, bears, and panthers were very destructive to the cattle of

all alike. Here was an object of sufficient interest to all, to bring a

united action, and collect a large number of the settlers. Accordingly,

a notice was given, requesting all interested in adopting some united

action to get rid of the wild beasts, that were destroying our domestic

animals, to meet at the house of W. H. Gray, on the 2d of February,

1843. This was the first move to the provisional government. While this

was being done in the valley, at Wallamet Falls, since Oregon City, the

question of a provisional government was up before a lyceum held at that

place and debated warmly for several evenings, and finally voted down.

Dr. John McLaughlin took the side of an independent government. Mr.

Abernethy, afterward governor, moved that, in case our government did

not extend its jurisdiction over the country in four years, that then

the meeting would be in favor of an independent government. This idea

was favored by Dr. White, upon condition that the settlers would vote

generally to elect him as their governor, as from the fact that he held

the office of sub-Indian agent by the appointment of the President, he

could officiate as governor, and it would be no additional expense to

the settlers. This was a plausible argument, and had Dr. White been a

man of moral principle and capable of understanding his duties in the

office he held, the settlers would without a doubt have adopted his

suggestions; but, unfortunately for him, they had lost all confidence in

his executive and judicial ability, as also in his ability to deal with

Indians. Besides, the leading members of the Methodist Mission were

opposed to him on account of his shameful course while one of their

number, though Mr. Hines seems to have held to his skirts during the

greater portion of the time he was creating all the disturbance he was

capable of among the Indians, and being the dupe of the Hudson's Bay

Company.

These facts were all known to the getters-up of the "Wolf Organization,"

as it was called. In fact, Le Breton had participated in the discussions

at the Wallamet Falls, and reported them to those of us in the valley.

Our idea was, to get an object before the people upon which all could

unite, and as we advanced, secure the main object,--_self-preservation,

both for property and person_.

The "wolf meeting" was fully attended, and all took a lively interest in

it, for there was not a man in the settlement that had not been a loser

from wild animals. There was a little suspicion in this first meeting

that more than protection for animals was meant.

Dr. Ira L. Babcock, who was elected our chairman, and who, we supposed,

would be the first to suspect the main object, seemed to discard the

idea as foolish and ridiculous, as he thought "we had all the protection

for our persons that we needed in the arrangements already entered into,

and the object for which the meeting was called was a good and laudable

one; we were all interested in it; we had all lost more or less from the

ravages of wild animals, and it became necessary to have a united effort

to get rid of them and protect our property." This was the very point we

wished to hold the doctor to. He had expressed the idea exactly, and

placed it in a clear light. As settlers, we had nothing to do but submit

to the rule of the Hudson's Bay Company, the missions, and Dr. White,

and do all we could to protect their cattle and herds.

The Oregon archives show that there were persons present who were

prepared for the occasion. The remarks of our chairman were appropriate,

for it was self-evident that our domestic animals needed protection; we

could not spend all our time to guard them, hence a united effort would

accomplish in a short time, and at comparatively little expense to all,

what would otherwise be impossible, scattered as our settlements were,

with our domestic animals exposed to the ravages of wild animals known

to be numerous all over the country. It was moved that a committee of

six be appointed to notify a general meeting, and prepare a plan, and

report the matter for the action of the settlers.

The chairman was called upon to appoint a committee to call a public

meeting. Gray, Beers, and Wilson, already known to the reader, and

Gervais and Lucie, Canadian-Frenchmen, who came to the country with

Wilson G. Hunt's party, and Barnaby, a French Rocky Mountain hunter,

were appointed.

These three men were the most intelligent and influential French

settlers that were then in the country, having considerable influence

with the Canadian-French settlers, and generally favored American

settlement and enterprise.

The preparation for the general meeting, which was moved by Alanson

Beers to be called at the house of Mr. Joseph Gervais on the first

Monday in March next, at ten o'clock A.M., devolved on Gray, Beers, and

Wilson. The giving of the notices, which Le Breton with his ready pen

soon prepared, devolved on Gervais, Barnaby, and Lucie. Up to this time,

no intimation of the proposed civil government had been given to any

member of the missions, or the Hudson's Bay Company. All was moving on

harmoniously, and all were interested in caring for and protecting our

domestic animals. The "wolf meeting," and what was to be done, was the

subject of general interest. Le Breton and Smith were busy in finding

out the men who could be relied upon, and the men that would oppose the

_one great object_ we had determined to accomplish, so that on the first

Monday in March, 1843, the settlement, _except the clergy_, were all

present. If my memory serves me, there was not in that meeting a single

reverend gentleman of any denomination. James A. O'Neil, who came to the

country with Captain Wyeth in 1834, and had remained in it, presided at

this meeting. He was informed of the main object, and requested to hurry

through the "wolf meeting" business as soon as possible.

It will be seen that we had placed before the settlement, the Hudson's

Bay Company, and both missions, an object they were deeply interested

in. The clergy were just then all asleep, and so were the company, for

while they were all willing that we should pay our money, spend our

time, and hunt wild animals to protect their by far the largest portion

of property exposed, they did not suspect we were looking to a far more

important object--our _personal liberty_; hence the settlers' "wolf

meeting" did not call for their attention, but they all gave it an

encouraging word, and promised to contribute to its funds, which they

did, till they saw the real object, when they dropped it without

ceremony, or at least saw too late that their power was gone.

The Methodist Mission influence was the most difficult to deal with. We

were fully aware of their large pretensions to land, and of the

consummate duplicity of White, in dealing with all parties. White, to

secure the approval of the Methodist Mission, encouraged their large

pretensions to mission lands, and also spoke favorably of the Jesuit

influence among the Indians; while, if he had had two grains of common

sense and common honesty, he could have seen their influence was tending

to destroy all of his, as well as all American influence in the country.

Still his supremely selfish ideas of self-honor and official dignity led

him to pursue a course disgusting to all parties.

During the time between the first and second "wolf meetings," White was

called upon in a public manner to exhibit his authority from the

President, which he was foolish enough to do. It was seen at once that

he was in the country _only as a spy upon the actions of the Hudson's

Bay Company_, while he assumed to make treaties with Indians, and govern

the country, and make pledges and promises, which no one believed the

government would ever attempt to fulfill.

As a matter of history and curiosity, the proceedings of the "wolf

meetings" are copied from the Oregon archives, which Mr. Hines, it

seems, did not even know had an existence, showing, by his own

statements, that he was so completely mixed up in his ideas of the

origin of the provisional government, that though he is generally

correct in his statements, yet he failed to distinguish the point of

conception and birth of the _oldest State on the Pacific_, for I

contend that justice to our effort and a proper understanding of our

rights should have admitted us as a State instead of subjecting us to a

Territorial _annoyance_, under such _demagogues_ as were sent among us

up to the time we became a State.

_Proceedings of a Meeting held at the Oregon Institute, February 2,

1843._

A public meeting of a number of the citizens of this colony was called

at the house of W. H. Gray, in order to take into consideration the

propriety of adopting some measures for the protection of our herds,

etc., in this country.

On motion, Dr. I. L. Babcock was called to the chair, who proceeded to

state the objects of the meeting, and the necessity of acting.

Mr. W. H. Gray moved, and Mr. Torn seconded the motion, "that a

committee of six be appointed to notify a general meeting, and report

business, etc.," which motion was carried, and Messrs. Gray, Beers,

Gervais, Wilson, Barnaby, and Lucie, were appointed said committee.

Mr. Beers moved "that a general meeting be called at the house of Mr.

Joseph Gervais, on the first Monday in March next, at ten o'clock,

A.M.," which motion was carried.

W. H. WILSON, Secretary.

I. L. BABCOCK, Chairman.

_Journal of a Meeting at the house of J. Gervais, first Monday in March,

1843._

In pursuance of a resolution of a previous meeting, the citizens of

Wallamet Valley met, and, the meeting being called to order, Mr. James

O'Neil was chosen chairman. Mr. Martin was chosen as secretary, but

declining to serve, Mr. Le Breton was chosen.

The minutes of the former meeting were read.

The committee appointed to notify a general meeting and report business,

made the following report, to wit:--

"Your committee beg leave to report as follows: It being admitted by

all that bears, wolves, panthers, etc., are destructive to the

useful animals owned by the settlers of this colony, your committee

would submit the following resolutions, as the sense of this

meeting, by which the community may be governed in carrying on a

defensive and destructive war against all such animals.

"_Resolved_, 1st. That we deem it expedient for this community to

take immediate measures for the destruction of all wolves, panthers,

and bears, and such other animals as are known to be destructive to

cattle, horses, sheep, and hogs.

"2d. That a treasurer be appointed, who shall receive all funds,

and dispense the same, in accordance with drafts drawn on him by

the committee appointed to receive the evidences of the destruction

of the above-named animals; and that he report the state of the

treasury, by posting up public notices, once in three months, in the

vicinity of each of the committee.

"3d. That a standing committee of eight be appointed, whose duty it

shall be, together with the treasurer, to receive the proofs, or

evidences, of the animals for which a bounty is claimed having been

killed in the Wallamet Valley.

"4th. That a bounty of fifty cents be paid for the destruction of a

small wolf; three dollars for a large wolf; one dollar and fifty

cents for a lynx; two dollars for a bear; and five dollars for a

panther.

"5th. That no bounty be paid unless the individual claiming said

bounty give satisfactory evidence, or present the skin of the head

with the ears of all animals for which he claims a bounty.

"6th. That the committee and treasurer form a Board of advice to

call public meetings, whenever they may deem it expedient, to

promote and encourage all persons to use their vigilance in

destroying all the animals named in the fourth resolution.

"7th. That the bounties specified in the fourth resolution be

limited to whites and their descendants.

"8th. That the proceedings of this meeting be signed by the chairman

and secretary, and a copy thereof be presented to the recorder of

this colony."

On motion, the report was accepted.

It was then moved and seconded that the report be laid on the table,

which was carried.

It was moved and seconded that the first resolution in the report of the

committee be adopted, which was carried.

It was moved and seconded the a sum be raised by contribution for the

protection of our animals, which was carried.

It was moved and seconded that the third resolution, as amended, be

adopted, which was carried.

It was moved and seconded that two collectors be appointed to receive

all subscriptions, retaining five per cent. for collecting the same, and

pay the amount over to the treasurer, taking his receipt for the same,

which was carried.

On motion, the fifth resolution was adopted.

On motion, it was resolved "that no one receive a bounty (except

Indians) unless he pay a subscription of five dollars."

On motion, the seventh resolution was adopted.

On motion, the eighth and ninth resolutions were adopted.

It was moved and seconded that the Indians receive one-half as much as

the whites.

It was moved and seconded that all claims for bounties be presented

within ten days from the time of becoming entitled to said bounties,

and, if there should be any doubts, the individual claiming a bounty

shall give his oath to the various circumstances; which was carried.

On motion, W. H. Gray was chosen treasurer.

It was moved that Messrs. McRoy, Gervais, Martin, S. Smith, Dougherty,

O'Neil, Shortess, and Lucie be the standing committee; which motion was

carried.

It was moved that G. W. Le Breton and Mr. Bridgers be the collectors.

Carried.

On motion, the following resolutions were adopted:--

"_Resolved_, That no money be paid to any white, or his descendants,

previous to the time of his subscription.

"_Resolved_, That the bounty of a minor child be paid to a parent or

guardian.

"_Resolved_, That the draft for receiving subscriptions be drawn by

Mr. Gray and Mr. Le Breton.

"_Resolved_, That drafts on Fort Vancouver, the Mission, and the

Milling Company be received on subscriptions, as payment."

* * * * *

As a kind Providence would have it, the "wolf meeting" at Mr. Gervais'

house on the Wallamet River was one of the most harmonious meetings I

ever attended. Every one seemed to feel that a unanimous war had been

declared against the despoilers of our domestic animals that were

dependent upon us for protection.

It was stated by one speaker "that no one would question for a moment

that this was right. This was just and natural protection for our

property in animals liable to be destroyed by wolves, bears, and

panthers. How is it, fellow-citizens, with you and me, and our children

and wives? Have we any organization upon which we can rely for mutual

protection? Is there any power or influence in the country sufficient to

protect us and all we hold dear on earth from the worse than wild beasts

that threaten and occasionally destroy our cattle? Who in our midst is

authorized at this moment to call us together to protect our own, and

the lives of our families? True, the alarm may be given, as in a recent

case, and we may run who feel alarmed, and shoot off our guns, while our

enemy may be robbing our property, ravishing our wives, and burning the

houses over our defenseless families. Common sense, prudence, and

justice to ourselves demand that we act consistent with the principles

we have commenced. We have mutually and unitedly agreed to defend and

protect our _cattle and domestic animals_; now, fellow-citizens, I

submit and move the adoption of the two following resolutions, that we

may have protection for our persons and lives as well as our cattle and

herds:--

"_Resolved_, That a committee be appointed to take into

consideration the propriety of taking measures for the civil and

military protection of this colony.

"_Resolved_, That said committee consist of twelve persons."

There was not a dissenting vote in that meeting. Drs. Babcock and White

were not present, but prudence and policy gave them both a place upon

the proposed committee of twelve, while we knew the feelings of the

balance of the committee.

Messrs. Dr. Babcock, Dr. White, O'Neil, Shortess, Newell, Lucie,

Gervais, Hubbard, McRoy, Gray, Smith, and Gay were appointed said

committee.

CHAPTER XXXIV.

First meeting of the committee of twelve.--All invited to

participate.--The Rev. J. Lee and Mr. Abernethy ridicule the

organization.--Mr. Lee tells a story.--Letter from Governor

Abernethy.--The main question at issue.--Drowning of Cornelius

Rogers and party.--Conduct of Dr. White.--Methodist

Mission.--Catholic boasts of conversions.

By mutual understanding the committee of twelve first met at Wallamet

Falls, about the middle of March, 1843. My impression is that Dr.

Babcock was not present with the committee, and that Dr. White was

chosen temporary chairman. G. W. Le Breton was secretary of the

committee. A motion was made and carried to invite the citizens of the

village to participate in the deliberations of the committee. Rev. Jason

Lee, Rev. Mr. Waller, Mr. Abernethy, R. Moore, in fact, nearly all the

prominent men of the place, were present, and participated in the

discussions.

We found Rev. Jason Lee and Mr. Abernethy disposed to ridicule the

proposed organization as foolish and unnecessary. Rev. Jason Lee in his

argument illustrated the folly of the effort, by telling us of a company

of militia gotten up somewhere in Canada. He said "the requisite notice

had been given, and all the people liable to military duty were present

on the day to elect the officers required for the company. When they had

elected all their officers, there was one private soldier left. 'Well,'

says the soldier, 'you may march me, you may drill me, you may face me

to the right, or to the left, or about face, just as much as you please,

but for mercy's sake don't divide me up into platoons.'"

Mr. Abernethy made a little attempt to ridicule the proposed

organization, in moving to amend the resolution recommending three

justices of the peace and three constables. We are now in receipt of an

explanation from the governor in reference to the question of an

independent government, as debated at the Lyceum, which we give

_verbatim_, as it places the governor with his own explanation on that

question, and I think gives us the correct statement of the case, and

shows his policy, which was, to defeat not only the proposition for an

independent government, but any effort for a provisional one, for at

least four years,--which were not only the views of Mr. Abernethy, but

those of Messrs. Lee, Leslie, Babcock, and Hines:--

PORTLAND, March 11, 1866.

DEAR SIR,--Allow me to correct one statement in your History of

Oregon in the _Gazette_ of 5th March. You speak of a debate in a

Lyceum, and say: "Mr. Abernethy moved that in case our government

did not extend its jurisdiction over the country in four years,

that then the meeting would be in favor of an independent

government." The facts are these: We had weekly meetings for

discussion. Mr. Hastings, Dr. McLaughlin's lawyer, offered a

resolution, "That it is expedient for the settlers on this coast to

establish an independent government." This subject was warmly

discussed, Mr. Abernethy being, with a few others, opposed to it.

At the close of the discussion the vote was taken and decided in

favor of an independent government. Mr. Abernethy then offered the

following: "_Resolved_, That if the United States extends its

jurisdiction over this country within four years, it will not be

expedient to form an independent government," as the subject for

the next discussion. This was warmly discussed, many who voted for

the first resolution saying if the United States government is

extended over us, it is all we want, and voted in the affirmative.

The resolution was carried, and destroyed the effect of the first

resolution.

You will see by this you have the thing all wrong.

Yours truly,

GEO. ABERNETHY.

P. S.--Dr. White, I think, was present; am not certain. This

independent government move was a prominent scheme of Dr.

McLaughlin.

The main question at issue before the committee at the Falls meeting was

the office of governor. Dr. Bailey was in the Sandwich Islands; nothing

was to be feared from him; but Dr. White was, to say the least, an

impudent candidate. I have been informed that Dr. Bailey, an Englishman,

came to that meeting February 18, 1841, with all his French voters

trained to vote for himself for governor, and that he nominated himself,

in opposition to Mr. Hines and Dr. Babcock, for that office, and

conducted himself in such a manner that it disgusted some, and was the

means of breaking up the proposed civil government, as what Americans

there were then in the country found they would be outnumbered by the

French and English (which was unquestionably the fact), and thus they

would be completely at the disposal of English rule.

Such being the case, much credit is due to the men who defeated that

effort, and I see no reason why Mr. Hines, in his account, and as an

actor in those meetings, should attempt to give a different impression,

and say that "the officers of the squadron were consulted, and were

found to be decidedly opposed to the scheme." (Page 421 of his book.)

This fact alone, and I have it from an actor and an eye-witness in the

meeting referred to, is, to say the least, strange and unaccountable on

the part of Mr. Hines. He either feared the influence of Bailey, or the

truth, which he withheld in the case, and leaves a wrong impression upon

the minds of his readers.

From the sickening, fawning, and contemptible course of Dr. White, the

committee at the Falls meeting were induced to yield the point of an

organization without an executive head, and by that means got a

unanimous vote to call a public meeting to organize a provisional

government at Champoeg, on the 2d of May, 1843. This was effort number

one of February and June, 1841, over again. Those of us who commenced

this move did not feel that we had gained much, still we hoped for the

best and prepared for the worst as well as the meeting at Champoeg on

the 2d of May, 1843.

We will let the provisional government rest till the 2d of May, 1843,

while we take a look over the whole country, and at the actors in it,

first stopping to drop a tear at the grave of our friends as we proceed.

On the 2d of February our best and most esteemed friend, Cornelius

Rogers, with whom we had spent years of the kindest confidence and

friendship, left our house for Oregon City, as his future residence and

home, with his young wife, the eldest daughter of Rev. David Leslie, and

her youngest sister. They took passage down the river with W. W.

Raymond, a man who came to the country with the re-enforcement of the

mission of 1839-40. He was at that time a member of the Methodist

Mission, in good standing. Dr. Elijah White and Esquire Crocker, of

Lansingville, Tompkins County, New York, were also in the canoe, one of

the largest of Chinook manufacturing. They arrived all safe at Canemah.

It was let down stern first by a line, around a point of rocks just

above the falls on the Oregon City side, since blasted away for a canal

and boat channel. In the eddy formed by the point of rock a large tree

had lodged, forming a convenient landing, and occupying a large portion

of the eddy water, so that it was necessary for the canoe to remain

close to the log for safety from the swift current. There were two

Indians to guide the canoe into this landing, one in the bow and one in

the stern. The one in the stern escaped by jumping from the canoe and

catching upon a piece of drift-wood on a rock just above the fall.

White, as the canoe came alongside of the log upon which all were to

land, being near the bow of the canoe, and not thinking, or perhaps

caring, for any one but himself, jumped upon the side of the canoe, and

with a spring, upon the log, before there was time for any one to secure

the bow of the canoe, to prevent it from swinging into the current. The

force of White's spring upon the canoe to reach the log threw it into

the current, which was too strong for Raymond and his Indians to hold,

and in a moment it darted into the middle of the channel, and the next

moment was plunged broadside over the falls, some twenty-five feet

perpendicular. The force of the current threw the canoe to the bottom of

the fall, right side up, but the under-swell threw it back to the sheet

of falling water, which filled and upset the canoe in an instant. All

that went over were lost. Raymond, who had attempted to hold the canoe,

came over the point of rocks (a difficult place) and found White upon

the log, and that he had made no effort to relieve the drowning party.

Mr. Hines, I see, gives a more favorable account of this transaction for

White. I think this the nearest correct, as Raymond gave the alarm, and

a boat was launched, and reached within ten feet of Mr. Rogers before he

sank to rise no more. His and Esquire Crocker's bodies were found and

interred. Those of Mrs. Rogers and her sister were never found. Rev. G.

Hines, W. H. Gray, and Robert Shortess, were appointed by Judge Babcock

to appraise the estate of Mr. Rogers, which was found to be worth about

$800, clear of all liabilities. His heirs at law resided in Utica, New

York. Rev. Harvey Clark was appointed administrator, discharging that

duty faithfully, and I think without compensation. None of the

appraisers received a dime for their services. There followed this

affliction a severe storm, and an unusually high flood in the Wallamet

River. The appraisers were detained several days on account of it, but

finally reached their homes in safety.

The Methodist Mission had extended their stations to Fort Nasqualla on

Puget Sound and Clatsop Plains, and made an effort to establish a

mission station on the Umpqua River. At this last-named place the

Indians had been prepared by the instructions they had received through

the Hudson's Bay Company and the Jesuit priests to destroy Lee and

Hines, and commence the slaughter of the settlement. (See Hines' account

of the trip, pages 100 to 110 inclusive, made in 1842.)

Messrs. Frost and Cowan had become disgusted with their missionary

calling, and Rev. Dr. Richmond had also found his Nasqualla location not

a suitable one, or at least, he by some means had become convinced that

he could not benefit the Indians about the fort, and made up his mind to

leave.

It will be remembered that Vicar-General Brouillet, of Wallawalla, in

his attempt to prove that the "Catholic stations and stationary priests"

were early in the country, says "almost every Indian tribe possessed

some Catholic members" as early as 1840, and that Mr. Demerse's labors

among the Cayuses in 1840 "had made there a mission so fruitful that

the Protestant missionaries had got alarmed and feared that all their

disciples would abandon them if he continued his mission among them."

(Page 87 of "Protestantism in Oregon," by Brouillet.) Neither Hines,

Richmond, nor Smith could understand why it was that the Indians upon

this coast and throughout the country were so different from the

accounts they had heard and read of them up to 1840. In June, 1853, had

either of those gentlemen picked up the New York _Freeman's Journal_,

they would have seen the statement that, as early as 1840, "almost every

Indian tribe [on this coast] possessed some Catholic members." A little

further along they would have been startled with the announcement, that

these Jesuit missions had become "so fruitful that the Protestant

missionaries had got alarmed and feared that all their disciples would

abandon them." This was but the work of two years,--from 1838, late in

the fall, to 1840. This was, without doubt, a great triumph, and well

does this Jesuit blow his trumpet; and well he may, for he had the

active aid of an unscrupulous monopoly who are said to be attempting the

same thing with just such implements upon their own countrymen in

British Columbia. Why, I ask, have states and countries in Europe found

it necessary to suppress that order of the Roman Church? And why is

England, to-day, hesitating to give this church in particular the same

confidence she does to all others?

CHAPTER XXXV.

Meetings to oppose organization.--Address of the

French-Canadians.--Criticisms on it by the author.--The

Jesuits.--Jesuit oath.--Article from the Cincinnati _Beacon_.

Between the meeting of the committee of twelve at Wallamet Falls, about

the 16th of March, and the called meeting by that committee on the 2d of

May, the priests and the Hudson's Bay Company were not idle. They held

two distinct meetings, one at the falls and one at Vancouver, and two in

the French Prairie at the Catholic church. At all of these meetings the

course to be pursued by the company and the Catholic and French settlers

was discussed and decided. The result of these meetings and discussions

can be found on the 12th and 13th pages of the Oregon archives. The

names of the signers should have been given. This document seems to be

dated the 4th of March, 1843. The meeting at Gervais' was on the first

Monday of March. So this document seems to have been prepared by our

Jesuit Blanchet, just about the time the "wolf meeting" was convening,

and in anticipation of the move for a provisional government. I am

certain it was not before any public meeting of the settlers, and that

it was handed in to the committee of three appointed by the Legislative

Committee to revise and arrange the laws for the meeting on the 5th of

July, 1843.

G. W. Le Breton, clerk of the Legislative Committee, handed it in, when

it was examined by the committee of three, and handed back to him with

the remark "it was well enough to keep it with the public papers, as it

would show the influences operating, and who were opposed to our

organization, and the reasons they had for their opposition. At the

meeting of May 2, all the signers of that document were present with

their priests at their head, and voted to a man against the proposed

organization.

"Address of the Canadian citizens of Oregon to the meeting at Champoeg,

March 4, 1843," It will be seen it should have been dated May 2. This

mistake simply shows that it was prepared March 4, 1843, in anticipation

of the action of the meeting to be held May 2, 1843.

The address above referred to is here submitted as a matter of history,

and is as follows:--

"We, the Canadian citizens of Wallamet, considering with interest

and reflection the subject which unites the people at the present

meeting, present to the American citizens, and particularly to the

gentlemen who called said meeting, the unanimous expression of our

sentiments of cordiality, and desire of union and inexhaustible

peace between all the people, in view of our duty and the interest

of the new colony, and declare--

"1st. That we wish for laws, or regulations, for the welfare of our

persons, and the security of our property and labors.

"2d. That we do not intend to rebel against the measures of that

kind taken last year, by a party of the people; although we do not

approve of certain regulations, nor certain modes of laws, let those

magistrates finish their time.

"3d. That we will not address a new petition to the government of

the United States, because we have our reasons, till the line be

decided, and the frontiers of the States fixed.

"4th. That we are opposed to the regulations anticipated, and

exposed to consequences for the quantity, direction, etc., of lands,

and whatsoever expense for the same lands, because we have no direct

guaranty from the government to come, and, perhaps, to-morrow, all

those measures may be broken.

"5th. That we do not wish a provisional mode of government, too

self-interested, and full of degrees, useless to our power, and

overloading the colony instead of improving it; besides, men of laws

and science are too scarce, and have too much to do in such a new

country.

"6th. That we wish either the mode of senate or council to judge the

difficulties, punish the crimes (except capital penalties), and make

the regulations suitable for the people.

"7th. That the same council be elected and composed of members from

all parts of the country, and should act in body, on the plan of

civilized countries in parliament, or as a jury, and to be

represented, for example, by the president of said council, and

another member, as a judge of peace, in each county, allowing the

principle of recalling to the whole senate.

"8th. That the members should be influenced to interest themselves

to their own welfare, and that of the public, by the love of doing

good, rather than by the hope of gain, in order to take off from the

esteem of the people all suspicions of interest in the persons of

their representatives.

"9th. That they must avoid every law loading and inexpedient to the

people, especially to the new arrivals. Unnecessary taxes, and

whatever records are of that kind, we do not want them.

"10th. That the militia is useless at present, and rather a danger

of bad suspicion to the Indians and a delay for the necessary

labors; at the same time, it is a load; we do not want it, either,

at present.

"11th. That we consider the country free, at present, to all

nations, till government shall have decided; open to every

individual wishing to settle, without any distinction of origin, and

without asking him any thing, either to become an English, Spanish,

or American citizen.

"12th. So we, English subjects, proclaim to be free, as well as

those who came from France, California, United States, or even

natives of this country; and we desire unison with all the

respectable citizens who wish to settle in this country; or we ask

to be recognized as free among ourselves, to make such regulations

as appear suitable to our wants, save the general interest of having

justice from all strangers who might injure us, and that our

reasonable customs and pretensions be respected.

"13th. That we are willing to submit to any lawful government when

it comes.

"14th. That we do not forgot that we must make laws only for

necessary circumstances. The more laws there are, the more

opportunities for roguery for those who make a practice of it; and,

perhaps, the more alterations there will be some day.

"15th. That we do not forget in a trial that before all fraud on

fulfilling of some points of the law, the ordinary proofs of the

certainty of the fact ought to be duly weighed, so that justice may

be done, and no shame given for fraud.

"16th. In a new country the more men employed and paid by the

public, the less remains of industry.

"17th. That no one can be more desirous than we are for the

prosperity, ameliorations, and general peace of the country, and

especially for the guaranty of our rights and liberties; and such is

the wish we make for all those who are, or may become, our

fellow-countrymen, etc., for long years of peace."

Then follow our names and persons.

Which, if our memory is correct, were not given or signed to the

original document, for, if they had been, the document would have been

noticed in the legislative proceedings, and some action taken upon it.

It was considered by the revising committee, as an expression of the

feelings of the subjects named in the twelfth paragraph, and that while

they were opposed to the proposed organization they would act as per

thirteenth paragraph. The second paragraph indicates an approval of

previous political action. The third, their opposition to a connection

with the United States. The fourth, their decided opposition to the

proposed government. The fifth is a reason, and shows that they had no

confidence in the ability of the people to make laws for themselves.

The sixth indicates a preference for the Hudson's Bay Company's mode of

government. The seventh shows a leaning to republican ideas of

government. The eighth to the government of the country by the clergymen

in it. The ninth, opposition to taxes which the French, or the class

represented in that protest, continually manifested in refusing to pay

until compelled by legal or superior force. The tenth shows that they

considered themselves safe from Indian hostility, and were only anxious

to expose the weakness of the settlement by avoiding a show of military

strength. The eleventh affirms the freedom of the country to all, and

their right to occupy it without interference. The fourteenth, a

childish reason against restraint. The fifteenth is considerably mixed;

it is advisory. We admit that the object of it is beyond our

comprehension. The sixteenth looks to one man, or clerical rule. The

seventeenth shows the ecclesiastical origin of the document, and a

suspicion that in the future their conduct may be such that they may

require a "guaranty" of their rights and liberties.

We have an article, published in the Cincinnati _Beacon_, August, 1843,

giving the oath taken by the Jesuits, and a short account of their

objects and proceedings, which, as they had been introduced into Oregon

by the Hudson's Bay Company in 1838, and commenced their operations as

in the above document, we will copy the article entire, as we shall have

occasion to speak of the part taken by them in the settlement of this

country:--

"The order of Jesuits was established by Loyola in 1535, having for its

object the re-establishment of the pope's sway over the civil powers of

the earth.

"At that time it was found that a mighty effort was needed to regain to

the pope what he had just lost by the Reformation, and this order was

established for that object. Members of that society may be of any

profession or of no profession, as they choose, and as best suits the

object. They may prosecute their own business as merchants in foreign

countries, or serve in the meanest capacity, provided they can by

stealth exercise some destructive influence on any or every form of

government except that under the 'sacred confirmation of the pope.'

"A dispensation is granted them, _i.e._, permission to lay aside all

professions of regard to the Papal cause, and make outward professions

to any religion or government they choose, if by so doing they can

better 'do their utmost to EXTIRPATE _the heretical Protestant doctrine,

and destroy all its pretended powers_, REGAL _or otherwise_.'

"Of course they were soon found in all the political intrigues which so

long distracted Europe. This is a prominent fact on the page of history.

One after another of the European powers became aware of this, and

each, especially of the Protestant powers, when their intrigues could no

longer be endured, banished the Jesuits as seen above. We may add Oregon

as another special field of their operations since 1838.

"The Jesuits are the most active and efficient agents of Popery in

propagating the Catholic religion in foreign countries. In the following

oath we notice:--

"1. An acknowledgment that Protestant governments are illegal, without

the 'sacred confirmation' of the pope, and may safely be destroyed.

"2. A renunciation of 'any allegiance as due to any heretical' state,

named Protestants.

"3. A solemn pledge to do their utmost to 'destroy all their pretended

powers, regal or otherwise.'

"Comment on the relations which these agents of the pope sustain to our

Protestant government is needless.

"_The Oath of Secrecy of the Jesuits._

"'I, A. B., now in the presence of Almighty God, the blessed Virgin

Mary, the blessed Michael the Archangel, the blessed St. John Baptist,

the holy apostles St. Peter and St. Paul, and the saints and sacred

hosts of heaven, and of you my ghostly father, do declare from my heart,

_without mental reservation_, that his holiness the Pope Urban is

Christ's vicar-general, and is the true and only head of the Catholic or

Universal Church throughout the earth; and that, by the virtue of the

keys of binding and loosing given to his holiness by my Saviour Jesus

Christ, he hath power to depose heretical kings, princes, states,

commonwealths, and governments, all being illegal without his sacred

confirmation, and that they may safely be destroyed; therefore, to the

utmost of my power, I shall and will defend this doctrine, and his

holiness' rights and customs, against all usurpers of the heretical (or

Protestant) authority whatsoever; especially against the now pretended

authority and Church of England, and all adherents, in regard that they

and she be usurpal and heretical, opposing the sacred mother church of

Rome. I do renounce and disown any allegiance as due to any heretical

king, prince, or _state_, named Protestant, or _obedience to any of

their inferior magistrates or officers_. I do further declare, that the

doctrine of the Church of England, of the Calvinists, Huguenots, and of

others of the name of Protestant, to be damnable, and they themselves

are damned, and to be damned, that will not forsake the same; I do

further declare, that I will help, assist, and advise all or any of his

holiness' agents in any place wherever I shall be, in England, Scotland,

and Ireland, or in any other territory or kingdom I shall come to, and

do my utmost to extirpate the heretical Protestant doctrine, _and to

destroy all its pretended powers, regal or otherwise_. I do further

promise and declare, that notwithstanding I am dispensed with, to assume

any religion heretical, for the propagating of the mother church's

interests, to keep secret and private all her agents' counsels from time

to time, as they intrust me, and not to divulge, directly or indirectly,

by word, writing, or circumstance whatsoever; but to execute all that

shall be proposed, given in charge, or discovered unto me, by you, my

ghostly father, or any of this sacred convent. All which I, A. B., do

swear, by the blessed Trinity, and blessed Sacrament, which I am now to

receive, to perform, and on my part to keep inviolably: and do call all

the heavenly and glorious host of heaven to witness these my real

intentions, to keep this my oath. In testimony hereof, I take this most

holy and blessed sacrament of the Eucharist; and witness the same

further with my hand and seal, in the face of this holy convent, this

day of Anno Domini, etc.'

"The Jesuits were banished from England in 1606. They were expelled from

France, A.D. 1764; from Spain and Sicily, A.D. 1767; from Portugal, A.D.

1789; and totally suppressed by Pope Clement XIV., A.D. 1773. Everywhere

they were prosecuted and repelled as injurious to youth, and dangerous

to all existing forms of government. The present pope has revived the

order, and now we find the Jesuits secretly and openly engaged again in

their pernicious and wicked devices to re-establish his power in the

United States, and in the Canadas."

CHAPTER XXXVI.

The meeting at Champoeg.--Tactics of the Jesuit

party.--Counter-tactics of the Americans.--A division and its

result.--Public record.--Opposition to clergymen as

legislators.--Mr. Hines as an historian.--His errors.--Importance

of Mr. Hines' history.--Extract.--Difficulty among the

Indians.--Cause of the difficulty.

The 2d of May, the day fixed by the committee of twelve to organize a

settlers' government, was close at hand. The Indians had all learned

that the "Bostons" were going to have a big meeting, and they also knew

that the English and French were going to meet with them, to oppose what

the "Bostons" were going to do. The Hudson's Bay Company had drilled and

trained their voters for the occasion, under the Rev. F. N. Blanchet and

his priests, and they were promptly on the ground in the open field near

a small house, and, to the amusement of every American present, trained

to vote "No" to every motion put; no matter, if to carry their point

they should have voted "Yes," it was "No." Le Breton had informed the

committee, and the Americans generally, that this would be the course

pursued, according to instructions, hence our motions were made to test

their knowledge of what they were doing, and we found just what we

expected was the case. The priest was not prepared for our manner of

meeting them, and, as the record shows, "considerable confusion was

existing in consequence." By this time we had counted votes. Says Le

Breton, "We can risk it; let us divide and count." "I second that

motion," says Gray. "Who's for a divide?" sang out old Joe Meek, as he

stepped out; "all for the report of the committee and an organization,

follow me." This was so sudden and unexpected that the priest and his

voters did not know what to do, but every American was soon in line. Le

Breton and Gray passed the line and counted fifty-two Americans, and but

fifty French and Hudson's Bay Company men. They announced the

count--"fifty-two for, and fifty against." "Three cheers for our side,"

sang out old Joe Meek. Not one of those old veteran mountain voices were

lacking in that shout for _liberty_. They were given with a will, and in

a few seconds the chairman, Judge I. L. Babcock, called the meeting to

order, when the priest and his band slunk away into the corners of the

fences, and in a short time mounted their horses and left.

The minutes of the meeting are as follows:--

"At a public meeting of the inhabitants of the Wallamet settlements,

held in accordance with the call of the committee, chosen at a former

meeting, for the purpose of taking steps to organize themselves into a

civil community, and provide themselves with the protection secured by

the enforcement of law and order, Dr. I. L. Babcock was chosen Chairman,

and Messrs. Gray, Le Breton, and Wilson, secretaries.

"The committee made their report, which was read, and a motion was made

that it be accepted, which was lost.

"Considerable confusion existing in consequence, it was moved by Mr. Le

Breton, and seconded by Mr. Gray, that the meeting divide, preparatory

to being counted; those in favor of the objects of this meeting taking

the right, and those of a contrary mind taking the left which being

carried by acclamation, and a majority being found in favor of

organization, the greater part of the dissenters withdrew.

"It was then moved and carried, that the report of the committee be

taken up and disposed of article by article.

"A motion was made and carried, that a supreme judge, with probate

powers, be chosen to officiate in this community.

"Moved and carried, that a clerk of the court, or recorder, be chosen.

"Moved and carried, that a sheriff be chosen.

"Moved and carried, that three magistrates be chosen.

"Moved and carried, that three constables be chosen.

"Moved and carried, that a committee of nine persons be chosen, for the

purpose of drafting a code of laws for the government of this community,

to be presented to a public meeting to be hereafter called by them, for

their acceptance.

"A motion was made and carried, that a treasurer be chosen.

"Moved and carried, that a major and three captains be chosen.

"Moved and carried, that we now proceed to choose the persons to fill

the various offices by ballot.

"A. E. Wilson was chosen to act as supreme judge, with probate powers;

G. W. Le Breton was chosen to act as clerk of court, and recorder; J. L.

Meek was chosen to fill the office of sheriff; W. H. Wilson was chosen

treasurer.

"Moved and carried, that the remainder of the officers be chosen by hand

ballot, and nomination from the floor.

"Messrs. Hill, Shortess, Newell, Beers, Hubbard, Gray, O'Neil, Moore,

and Dougherty, were chosen to act as Legislative Committee; Messrs.

Burns, Judson, and A. B. Smith were chosen to act as magistrates;

Messrs. Ebbets, Bridgers, and Lewis, were chosen to act as constables;

Mr. John Howard was chosen major; Messrs. Wm. McCarty, C. McRoy, and S.

Smith were chosen captains.

"Moved and carried, that the Legislative Committee make their report on

the 5th day of July next, at Champoeg.

"Moved and carried, that the services of the Legislative Committee be

paid for at $1.25 per day, and that the money be raised by subscription.

"Moved and carried, that the major and captains be instructed to enlist

men to form companies of mounted riflemen.

"Moved and carried, that an additional constable and magistrate be

chosen.

"Mr. Compo was chosen as an additional magistrate. Mr. Matthew was

chosen as an additional constable.

"Moved and carried, that the Legislative Committee shall not sit over

six days.

"The meeting was then adjourned.

"The question having arisen with regard to what time the newly-appointed

officers should commence their duties, the meeting was again called to

order, when it was moved and carried, that the old officers act till the

laws are made and accepted, or until the next public meeting.

"Attest,

"G. W. LE BRETON."

* * * * *

It will be remembered by those present, that in the appointment of the

members of the Legislative Committee, Rev. J. S. Griffin was named as

one of the committee. I am not positive that Mr. Griffin was present,

but I remember that his nomination was opposed, or any clergyman of any

denomination having any thing to do with making laws for the settlers.

It was stated as a reason, that their duties and calling were not such

as qualified them to enact laws adapted to a promiscuous community;

they, as a matter of conscience and duty to what they, as a general

thing, considered higher laws, disqualified themselves to enter the

halls of legislation as law-makers. Besides, the settlers had once

placed it in their hands and requested them to aid in the enactment of

suitable laws for the government and protection of the settlement. This

request they had neglected and refused to comply with, and we had before

us the example and influence of one who had openly opposed our effort.

In placing upon this committee a reverend gentleman from one

denomination, we, as a matter of courtesy, must do the same to another,

and, as in the former case, we would be liable to be defeated. Mr.

Griffin did not receive a single vote, without it was that of the Rev.

Mr. Kone, from Clatsop, who, I think, was present.

We will now leave the Legislative Committee to do their business, as

per instructions, and see what our very officious Indian agent and his

friend, Rev. Mr. Hines, are about.

During the fall of 1842 and winter and spring of 1843, "our plot

thickens." We must go back a little, and notice, among other things,

that as soon as Uncle Samuel's exploring squadron had looked at Oregon a

little and Dr. McLaughlin's good liquors more (when the infirmities of

the stomach required something stronger than water), and had found

occasion to express great praise of the kind treatment and generosity of

the Hudson's Bay Company, they also found it convenient to sanction the

opposition to a temporary government for the settlement,--at least, Mr.

Hines tells us they opposed it,--and leave the company to continue their

kicking and changing the bushel, calling in their cattle and pay for all

lost, and enter vigorously upon a settled system of opposition to all

American settlements in the country. Their Jesuit missions were doing

them good service in the interior. Their clerks and interpreters were

ready to do their part. The puff-ball of folly and ignorance, in the

shape of a sub-Indian agent, had been among the Indians, who were made

to believe from his foolish statements,--confirmed or made worse by such

old liars as Toupin, as in the case of Parker,--that the great parent

was going to make them wise and rich, and give them all they wanted, if

they would adopt his advice, and do as he wished them. All things

combined aroused Mr. Hines to the solemn conclusion that it was his duty

to volunteer and go with our sub-Indian agent, and assist him in

pacifying the Indians. I suppose he must have gone in the capacity of

prime minister or secretary of state. He says, page 146: "In the evening

of the 17th, Dr. White arrived at my house, bringing intelligence from

the falls." Le Breton returned the next day, and reported that

Anderson's horse was stolen by an Indian,--the same that had stolen one

from Mr. Hines two years before. Hines had the courage to go and get his

horse, but Anderson, who was a Swede, had not. This transaction, it will

be remembered, was on April 17, a month after the organizing committee

of twelve had been appointed at Gervais'. White and Hines are in council

at Hines' house. The visit to the interior tribes is before the council.

White had been up among the Nez Perces and Cayuses in the fall of 1842,

and with the aid of McKay (who was the most reliable half-native servant

the company ever had), the Indians were induced to form a combination,

exactly such a one as Frank Ermatinger, in 1838, told the writer the

company would form, with the aid of their half-breed servants, to resist

the occupancy of the country by the American government. Mr. Hines'

stupidity led him to believe this was the policy of White, and not that

of the company. He says, at the bottom of page 142:

"It had been the policy of the Hudson's Bay Company to destroy the

chieftainship, cut the different tribes into small clans, and divide

their interests as far as possible, so as to weaken them, and render

them incapable of injuring the whites, thus preventing them from

acting in concert." At the time this policy was adopted by the

company there were no whites in the country but themselves. Mr.

Hines believes that the American settlement was to be benefited by

this shrewd policy of the company, and attributes to Dr. White the

opposite policy. He says, page 143, that "the sub-agent adopted a

different policy."

How natural and how easy for his reverence to fall into this error, and

to say, on page 142, "Thomas McKay contributed much to allay the

excitement among them, and, in connection with the sub-agent, induced

the natives to adopt a code of laws and appoint a head chief, and

inferior chiefs, sufficient to carry the laws into execution." Not the

least suspicion of McKay's instructions and the Hudson's Bay Company's

arrangements and consent in the matter, and that the sub-agent was the

very man the company was making use of to get their own trained and

educated Indian (Ellis) at the head of the Nez Perce tribe, to

accomplish the object they had in view. Mr. Hines has given us a good

history, for which we thank him in behalf of truth, and also for the

assistance it has given us in showing to the world the damning policy,

the accursed influences brought to bear against the little band of

patriots that had the courage to contend against such fearful

combinations of avarice, stupidity, superstition, and savagism; and here

allow me to say, is the reason that Whitman, Harvey Clark, Shortess,

Smith, Cornelius Rogers, J. L. Meek, Couch, and fifty others, had no

confidence in White or his advisers and friends.

Le Breton acted well his part; the company knew him better than Mr.

Hines did; his death was a victory, as they supposed, to them, but the

effort moved on. The act of a few Indians, in going to St. Louis in

1832, for religious knowledge, brought Mr. Hines to the country with

others more capable of meeting the combined influences of avarice,

stupidity, bigotry, and superstition.

And although many things have combined to keep them from any pecuniary

reward, still facts, and the history of the country they have saved as

the golden gem of our great Republic, will seek to know who it was whose

efforts could successfully contend with such influences as were then

held by the company, the Jesuit priests, Dr. White, and the Methodist

Mission. We now know why our little settlement wept and mourned the

death of Rogers, Le Breton, and Whitman, as they were substantial

pillars in our temple of liberty on this coast. Does a simple slab mark

the place of their rest? Their surviving associates are not able to

answer in the affirmative.

It will be borne in mind that while Dr. Whitman was on his way to

Washington, Dr. White and Thomas McKay visited the Indians in the

interior, in October, 1842,--about one month after Dr. Whitman had left

for the States. Mr. Spalding was really more stupid than Mr. Hines in

all matters of policy and deep-laid plans to accomplish any object. His

courage was strong in ignorance of danger. Mr. Hines had personal

courage, but his self-esteem was unbounded. Dr. White was shrewd enough

to make use of both. Mr. Spalding was taken with Dr. White's smooth

milk-and-water false statements about his office, powers, and duties. He

was led to believe that White had all the powers he professed to have,

and lent his influence to McKay to organize and combine the Indian

tribes, supposing all the while he was doing it for Dr. White and the

American cause.

Messrs. Hines and Spalding were alike in this particular. The reader

will not forget that I am speaking of men and their actions, and the

influence they had at a certain time, and the effect of those actions

upon the Indians and the religious, political, and general interests of

the country. Personally, I have no malice against a single man of whom I

write; many of them I know are dead, and at the proper time I will give

you as faithful an account of their good deeds as I now do of their

errors. Besides, I hope the children and friends of all of whom I write,

will see and feel the virtue there is in doing right at all times, and,

as we are told, "try the spirits," or persons, "to know whether they are

good or evil."

A large portion of the ninth chapter of Mr. Hines' book is too important

in illustrating truth to be omitted in a history such as we are giving.

The reader will understand the observations we have to make, bearing in

mind that all these facts have an important bearing on a transaction

that occurred four years later. He says:--

"April 14. This settlement has been thrown into a panic by

intelligence which has just been received from the upper country,

concerning the hostile intentions of the Cayuse, Nez Perce, and

Wallawalla Indians. It appears that they have again threatened the

destruction of the whites. Some time in October last, Indian report

said that these tribes were coming down to kill off the 'Boston'

people, meaning those from the United States. This intelligence

produced considerable excitement at the time, and induced the

sub-agent of Indian affairs to go directly to the upper country and

ascertain the truth of the report, and, if possible, settle all

matters of difficulty. On arriving among the Indians, he ascertained

that the report was not without foundation, but entered into such

arrangements with them as appeared to give satisfaction. Thomas

McKay contributed much to allay the excitement among them, and, in

connection with the sub-agent, induced the Nez Perces to adopt a

code of laws, and appoint a head chief and inferior chiefs,

sufficient to carry the laws into execution.

"It had been the policy of the Hudson's Bay Company to destroy the

chieftainship, cut the different tribes into smaller clans, and

divide their interests as far as possible, so as to weaken them, and

render them incapable of injuring the whites, by preventing them

from acting in concert. BUT THE SUB-AGENT ADOPTED A DIFFERENT

POLICY. _The individual appointed to the high chieftainship over the

Nez Perces was one Ellis, as he was called by the English, who,

having spent several years in the settlement on Red River, east of

the mountains, had, with a smattering of the English language,

acquired a high sense of his own importance; and, consequently,

after he was appointed chief, pursued a very haughty and overbearing

course._ The fulfillment of the laws which the agent recommended for

their adoption was required by Ellis with the utmost rigor.

Individuals were severely punished for crimes which, from time

immemorial, had been committed by the people with impunity. This

occasioned suspicions in the minds of the Indians generally that the

whites designed the ultimate subjugation of their tribes. They saw

in the laws they had adopted, a deep-laid scheme of the whites to

destroy them, and take possession of their country. The arrival of a

large party of emigrants about this time, and the sudden departure

of Dr. Whitman to the United States, with the avowed intention of

bringing back with him as many as he could enlist for Oregon, served

to hasten them to the above conclusion. That a great excitement

existed among the Indians in the interior, and that they designed to

make war upon the settlement, was only known to the whites through

the medium of vague report, until a letter was received from H. K.

W. Perkins, at the Dalles, in which he informed us that the Wascopum

and Wallawalla Indians had communicated to him in substance the

following information: That the Indians are very much exasperated

against the whites, in consequence of so many of the latter coming

into the country, to destroy their game and take away their lands;

that the Nez Perces dispatched one of their chiefs last winter on

snow-shoes, to visit the Indians in the buffalo country east of Fort

Hall, for the purpose of exciting them to cut off the party that it

is expected Dr. Whitman will bring back with him to settle the Nez

Perce country; that the Indians are endeavoring to form a general

coalition for the purpose of destroying all the 'Boston' people;

that it is not good to kill a part of them, and leave the rest, but

that _every one_ of them must be destroyed. This information

produced a great excitement throughout the community, and almost

every man had a plan of his own by which to avert the impending

storm. In the estimation of some, the Indians were to be upon us

immediately, and it was unsafe to retire at night, for fear the

settlement would be attacked before morning. The plan of the agent

was to induce men to pledge themselves, under the forfeiture of one

hundred dollars in case of delinquency, to keep constantly on hand

and ready for use either a good musket or rifle, and one hundred

charges of ammunition, and to hold themselves in readiness to go at

the call of the agent to any part of the country, not to exceed two

days' travel for the purpose of defending the settlement, and

repelling any savage invaders. This plan pleased some of the people,

and they put down their names; but many were much dissatisfied with

it; and as we had no authority, no law, no order, for the time

being, in the country, it was impossible to tell what would be the

result, if the Indians should attempt to carry their threats into

execution."

We have before us, in these quotations, the facts of the change of

policy of the Hudson's Bay Company, the combining of the Nez Perce

tribe, the supposed ground of complaint against the Americans, and the

failure of the sub-Indian agent to get the settlers to adopt his plan

for protecting the settlement against the Indians. We will now give the

reasons the company had for adopting the dividing and cutting-up policy

among the Indians.

The reader is requested to observe Mr. Hines' description of Ellis, Dr.

White's Indian chief. It was this same Indian that drove the Rev. A. B.

Smith in 1840 from his land, as stated by old Toupin on 15th page of

Brouillet's history of the Whitman massacre. Up to this time he was not

considered an important character by the company, on account of his

self-importance and insolence. In this respect he resembled Tawatowe, of

the Cayuses, who, when he had been promoted to the head chieftainship of

that tribe, became insolent, and going so far as to get possession of

Fort Wallawalla, had tied Mr. P. C. Pambrun, and kept him tied till he

agreed to give the Indians better prices for their horses and furs. As

soon as they had liberated him, Mr. Pambrun made a few trades with them

and treated them kindly, and induced them to leave the fort. He sent at

once to Vancouver and increased the number of his men, and told the

chiefs that had had him tied, that he no longer regarded them as chiefs,

and at once commenced to destroy their influence by refusing to give

them the accustomed presents, and gave them to lesser chiefs, and in

that way divided them up and broke their power as principal chiefs.

While the American fur trader, Captain Wyeth, was in the country, the

company had increased their tariff, and paid the Indians more for their

horses and furs, but as soon as he had been driven from the country,

they reduced it to their own prices. The Indians did not understand why

the company gave them so much less than the Americans, or Bostons, did

for the same things.

The principal chiefs of the Nez Perces and Cayuses were together in the

attempt to get better pay for the property they sold to the company,

whose policy was to keep all the principal men down, and divide their

power and influence, and prevent any large combinations among the

tribes,--thus making it easy to control them. This statement of facts

and policy I had from Mr. Pambrun and Mr. Ermatinger, both of the

Hudson's Bay Company.

Mr. Hines, on page 143, in speaking about the laws adopted by the

Indians, seems altogether to ignore the fact that a desperate effort was

then being made by the Hudson's Bay Company, as the conduct of the

Indians plainly indicated, to drive all Americans from the country. The

unreasonable punishments inflicted, and all other odious inferences,

were the legitimate instruments to accomplish a specific object. The

same was the case in the inferences drawn about Dr. Whitman's visit to

the States. While Governor Simpson sends on his Red River settlers, and

goes to Washington to secure the country to the British crown, Dr.

Whitman and his mission become the special objects of misrepresentation

and hate among the Indians. His mill and all his grain are burned, while

a large immigration of British subjects and the Jesuit missionaries are

received with open arms. Dr. Whitman and the American settlement must be

stopped at all hazards. An Indian is sent on snow-shoes to the Buffalo

Indians east of Fort Hall, for the purpose of exciting them to cut off

the party that is expected with Dr. Whitman.

The American government, according to Dr. White, is about to take

possession of the country, and had sent him out as its first governor.

He, to conciliate the Indians, adopts all the suggestions of the

Hudson's Bay Company, and succeeds to his entire satisfaction, with the

aid of Mr. McKay. While he can do nothing to unite the settlers for

their own defense, the divide-and-weaken policy of the company is

changed from Indians to the American settlers. White and Hines are

equally useful to the company in doing the one, as they had been

successful in the other. That the transaction related by Mr. Hines on

his 145th page, under date of April 17, may be better understood, we

will, in the next chapter, give a copy of the petition referred to. This

document is mostly the work of Robert Shortess, and was signed by nearly

every American in the country who had an opportunity.

CHAPTER XXXVII.

Whitman's visit to Washington.--A priest's boast.--A taunt, and

Whitman's reply.--Arrival in Washington.--Interview with Secretary

Webster.--With President Tyler.--His return.--Successful passage of

the Rocky Mountains with two hundred wagons.--His mill burned

during his absence.

In September, 1842, Dr. Whitman was called to visit a patient at old

Fort Wallawalla. While there, a number of boats of the Hudson's Bay

Company, with several chief traders and Jesuit priests, on their way to

the interior of the country, arrived. While at dinner, the overland

express from Canada arrived, bringing news that the emigration from the

Red River settlement was at Colville. This news excited unusual joy

among the guests. One of them--a young priest--sang out: "Hurrah for

Oregon, America is too late; we have got the country." "Now the

Americans may whistle; the country is ours!" said another.

Whitman learned that the company had arranged for these Red River

English settlers to come on to settle in Oregon, and at the same time

Governor Simpson was to go to Washington and secure the settlement of

the question as to the boundaries on the ground of the most numerous and

permanent settlement in the country.

The Doctor was taunted with the idea that no power could prevent this

result, as no information could reach Washington in time to prevent it.

"It shall be prevented," said the Doctor, "if I have to go to Washington

myself." "But you can not go there to do it," was the taunting reply of

the Briton. "I will see," was the Doctor's reply. The reader is

sufficiently acquainted with the history of this man's toil and labor in

bringing his first wagon through to Fort Boise, to understand what he

meant when he said, "_I will see_." Two hours after this conversation at

the fort, he dismounted from his horse at his door at Wailatpu. I saw in

a moment that he was fixed on some important object or errand. He soon

explained that a special effort must be made to save the country from

becoming British territory.

Every thing was in the best of order about the station, and there seemed

to be no important reason why he should not go. A. L. Lovejoy, Esq., had

a few days before arrived with the immigration. It was proposed that he

should accompany the Doctor, which he consented to do, and in

twenty-four hours' time they were well mounted and on their way to the

States. They reached Fort Hall all safe; kept south into Taos, and

thence to Bent's Fort, on the Arkansas River, when Mr. Lovejoy became

exhausted from toil and exposure, and stopped for the winter, while the

Doctor continued on and reached Washington.

Thus far in this narrative I give Dr. Whitman's, Mr. Lovejoy's, and my

own knowledge. I find an article in the _Pacific_ of November 9, from

Mr. Spalding, which gives us the result:--

"On reaching the settlements, Dr. Whitman found that many of the now

old Oregonians--Waldo, Applegate, Hamtree, Keizer, and others--who

had once made calculations to come to Oregon, had abandoned the idea

because of the representations from Washington that every attempt to

take wagons and ox-teams through the Rocky and Blue Mountains to the

Columbia had failed. Dr. Whitman saw at once what the stopping of

wagons at Fort Hall every year meant. The representations purported

to come from Secretary Webster, but were from Governor Simpson, who,

magnifying the statements of his chief trader, Grant, at Fort Hall,

declared the Americans must be going mad, from their repeated

fruitless attempts to take wagons and teams through the impassable

regions to the Columbia, and that the women and children of those

wild fanatics had been saved from a terrible death only by the

repeated and philanthropic labors of Mr. Grant, at Fort Hall, in

furnishing them with horses. The Doctor told these men, as he met

them, that his only object in crossing the mountains in the dead of

winter, at the risk of his life, and through untold sufferings, was

to take back an American emigration that summer through the

mountains to the Columbia, with their wagons and their teams. The

route was practicable. We had taken our wagon, our cattle, and our

families through, seven years before. They had nothing to fear; but

to be ready on his return. The stopping of wagons at Fort Hall was a

Hudson's Bay Company scheme to prevent the settling of the country

by the Americans, till they could settle it with their own subjects

from the Selkirk settlement. This news spread like wildfire through

Missouri. The Doctor pushed on to Washington and immediately sought

an interview with Secretary Webster,--both being from the same

State,--and stated to him the object of his crossing the mountains,

and laid before him the great importance of Oregon to the United

States. But Mr. Webster lived too near Cape Cod to see things in the

same light with his fellow-Statesman who had transferred his worldly

interests to the Pacific coast. He awarded sincerity to the

missionary, but could not admit for a moment that the short

residence of six years could give the Doctor the knowledge of the

country possessed by Governor Simpson, who had almost grown up in

the country, and had traveled every part of it, and represents it as

one unbroken waste of sand deserts and impassable mountains, fit

only for the beaver, the gray bear, and the savage. Besides, he had

about traded it off with Governor Simpson, to go into the Ashburton

treaty, for a cod-fishery on Newfoundland.

"The Doctor next sought an interview with President Tyler, who at

once appreciated his solicitude and his timely representations of

Oregon, and especially his disinterested though hazardous

undertaking to cross the Rocky Mountains in the winter to take back

a caravan of wagons. He said that, although the Doctor's

representations of the character of the country, and the possibility

of reaching it by a wagon route, were in direct contradiction to

those of Governor Simpson, his frozen limbs were sufficient proof of

his sincerity, and his missionary character was sufficient guaranty

for his honesty, and he would therefore, as President, rest upon

these and act accordingly; would detail Fremont with a military

force to escort the Doctor's caravan through the mountains; and no

more action should be had toward trading off Oregon till he could

hear the result of the expedition. If the Doctor could establish a

wagon route through the mountains to the Columbia River, pronounced

impossible by Governors Simpson and Ashburton, he would use his

influence to hold on to Oregon. The great desire of the Doctor's

American soul, and Christian withal, that is, the pledge of the

President that the swapping of Oregon with England for a cod-fishery

should stop for the present, was attained, although at the risk of

life, and through great sufferings, and unsolicited, and without the

promise or expectation of a dollar's reward from any source. And

now, God giving him life and strength, he would do the rest; that

is, connect the Missouri and Columbia rivers with a wagon-track so

deep and plain that neither national envy nor sectional fanaticism

would ever blot it out[10]. And when the 5th of September, 1843, saw

the rear of the Doctor's caravan of nearly two hundred wagons, with

which he started from Missouri last of April, emerge from the

western shades of the Blue Mountains upon the plains of the

Columbia, the greatest work ever accomplished by one man for Oregon

was finished. And through that great emigration during that whole

summer, the Doctor was their everywhere-present angel of mercy,

ministering to the sick, helping the weary, encouraging the

wavering, cheering the mothers, mending wagons, setting broken

bones, hunting stray oxen, climbing precipices; now in the rear, now

at the front; in the rivers, looking out fords through the

quicksands; in the deserts, looking out for water; in the dark

mountains, looking out passes; at noontide or midnight, as though

those thousands were his own children, and those wagons and flocks

were his own property. Although he asked not, nor expected, a dollar

as a reward from any source, he felt himself abundantly rewarded

when he saw the desire of his heart accomplished, the great wagon

route over the mountains established, and Oregon in a fair way to be

occupied with American settlements and American commerce. And

especially he felt himself doubly paid, when, at the end of his

successful expedition, and standing alive at his home again on the

banks of the Wallawalla, these hundreds of his fellow summer

pilgrims, way-worn and sunbrowned, took him by the hand and thanked

him with tears for what he had done.

"During the Doctor's absence, his flour mill, with a quantity of

grain, had been burned, and, consequently, he found but a small

supply at his station on his return, raised by Mr. Geiger, a young

man. But what he had in the way of grain, garden vegetables, and

cattle, he gladly furnished the needy immigrants at the very low

figure of the Wallamet prices, which was six hundred per cent. lower

than what they had been compelled to pay at Forts Hall and Boise,

and one half lower than they are to-day in the same country. And

this was his practice every year till himself and wife and fourteen

immigrants were murdered in the fall of 1847, because, as

Vicar-General Brouillet says, 'they were American citizens', and

not, as I am bold to say and can prove, because he was a physician.

Shame on the American that will intimate such a thing! This

vicar-general of the Papal hosts on this coast does not thank you

for such an excuse. He tells you plainly it was to break up the

American settlements on this coast.

"Often the good Doctor would let every bushel of his grain go to the

passing immigrants in the fall, and then would have to depend upon

me for breadstuffs for the winter and the whole year till next

harvest, for his own large family and the scores of immigrants who

every year were obliged to stop at his station on account of

sickness or give-out teams. Although the Doctor had done so much for

his country, it seems his blood was necessary to arouse the

government to take formal possession of this coast, as it was his

death by savages that sent the devoted J. L. Meek over the mountains

to Washington, in the spring of 1848, to beg the government, in

behalf of the citizens of this coast, to send us help, and to extend

its jurisdiction over us."

[Footnote 10] They reached Fort Hall in safety, but there, in

the absence of Dr. Whitman from their camp, they were told by

Captain Grant, in the interest of the Hudson's Bay Company,

as others had been told before, that it was idle for wagons

to attempt to reach the Columbia. For a time there was a

heaviness of spirit among those families, which, like the

Israelites of old, had penetrated the depths of the "great

and terrible wilderness." But Dr. Whitman, on ascertaining

what had happened, reassured them by his bold and manly

words, saying to them, "My countrymen! you have trusted me

thus far; believe me now, and I will take your wagons to

Columbia River;" and he did so, and Oregon was saved by his

patriotism to the Union.

CHAPTER XXXVIII.

Petition of the citizens of Oregon in 1843.--Complaints against the

Hudson's Bay Company.--The Milling Company.--Kicking the

half-bushel.--Land claims of Dr. McLaughlin.--Names of the

signers.--Reasons for not signing.--Notice, deed, and bond of John

McLaughlin.--Claim of Alvin F. Waller.

_Petition of Citizens of Oregon in 1843._

To the Honorable the Senate and House of Representatives of the

United States of America in Congress assembled:--

We, the undersigned, settlers south of the Columbia River, beg leave

respectfully to represent to your honorable body:

As has been before represented to your honorable body, we consider

ourselves citizens of the United States, and acknowledge the right of

the United States to extend its jurisdiction over us; and the object of

the present memorial is to ask that the protection of the United States

may be extended to us as soon as possible. Hitherto, our numbers have

been small, and the few difficulties that arose in the settlement were

speedily and satisfactorily settled. But, as our settlement increases in

numbers, so our difficulties increase in number and importance; and,

unless we can have laws to govern us that will be respected and obeyed,

our situation will be a deplorable one. Where the highest court of

appeal is the rifle, safety in life and property can not be depended on.

The state of the country, its climate, resources, soil, productions,

etc., has already been laid before your honorable body, in Captain

Wyeth's memoir, and in former memorials from the inhabitants of this

place.

Laws are made to protect the weak against the mighty, and we feel the

necessity of them in the steps that are constantly taken by the

Honorable Hudson's Bay Company, in their opposition to the improvement

and enterprise of American citizens. You have been apprised already of

their opposition to Captain Wyeth, Bonneville, and others; and we find

that the same spirit dwells with them at the present day. Some years

ago, when the Hudson's Bay Company owned all the cattle in Oregon, they

would not sell on any conditions; but they would lend their cows to the

settler--he returning to the company the cows loaned, with all the

increase; and in case of the death of a cow, he then had the privilege

of paying for it. But after the settlers, at great risk and expense,

went to California and purchased for themselves, and there was a fair

prospect of the settlement being supplied, then the Hudson's Bay Company

were willing to sell, and at lower rates than the settlers could sell.

In the year 1842, feeling the necessity of having mills erected that

could supply the settlement with flour and lumber, a number of the

inhabitants formed themselves into a joint-stock company, for the

purpose of supplying the growing wants of the community. Many of the

farmers were obliged to leave their farms on the Wallamet, and go six

miles above Vancouver, on the Columbia River, making the whole distance

about sixty miles, to get their wheat ground, at a great loss of time

and expense. The company was formed and proceeded to select a site. They

selected an island at the falls of the Wallamet, and concluded to

commence their operations. After commencing, they were informed by Dr.

McLaughlin, who is at the head of the Hudson's Bay Company's affairs

west of the Rocky Mountains, that the land was his, and that he

(although a chief factor of the Hudson's Bay Company) claimed all the

land on the east side of the Wallamet, embracing the falls down to the

Clackamas River, a distance of about two miles. He had no idea, we

presume, that the company would succeed. 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.

Many projects had been started by the inhabitants, but, for want of

means and encouragement, failed. This fate was predicted for the Milling

Company. But, after much labor and difficulty, they succeeded in getting

a saw-mill erected, and ready to run, and entered into a contract to

have a grist-mill erected forthwith. And now, as they have succeeded,

where is the Hudson's Bay Company? Dr. McLaughlin employs hands to get

out a frame for a saw-mill, and erect it at Wallamet Falls; and we find,

as soon as the frame is up, the gearing, which has been made at

Vancouver, is brought up in boats; and that which cost a feeble company

of American citizens months of toil and embarrassment is accomplished by

the chief factor of the Hudson's Bay Company in a few weeks. He has men

and means, and it is said by him that in two weeks his mill will be

sawing. And what will be the consequence? Why, if the Milling Company

sell for $15 per thousand, he can sell for $12; if they reduce the price

to $10, he can come to $8, or $5, or $2 per thousand. He says he will

have a grist-mill started as soon as he gets the saw-mill in operation.

All the wheat in Oregon they are anxious to get, as they ship it to the

Russians on the northwest coast. In the first place they measured the

wheat in a half-bushel, called by them imperial measure, much larger

than the standard measure of the United States; this not answering, they

next proceeded _to kick the half-bushel with the foot to settle the

wheat_; then they brought up a measure larger than the former one; and

now they fill this measure, then strike it _three times with a stout

club_, and then fill up, and call it fair measure. Against such

proceedings we need law that will be respected and obeyed.

About twelve or fourteen years ago, the Hudson's Bay Company blasted a

canal a few feet to conduct water to a mill they were going to build,

the timber for which is now lying at the falls rotting. They, however,

abandoned the thing altogether, and built their mills on the Columbia,

about six miles above Vancouver, on the north side of the river.

In the year 1837, agreeably to orders left by Mr. Slacum, a house was

erected at the falls, to secure the claim for him.

In 1840, the Methodist Mission erected buildings at the falls, and

stationed two families there, and made a claim to sufficient land for

their buildings, not interfering with any others who might wish to

build. A short time previous to this, Dr. McLaughlin had a storehouse

erected for the company, not occupied, however, further than to store

wheat and other articles in, and as a trading-house during the salmon

season.

After this, in 1841, a shanty was erected, and a man kept at the falls,

whose business it was to trade with the Indians for furs and salmon, and

look out for the doctor's claim, he said, and to forbid persons building

at the falls, as some had built, and others were about building. This

man was, and still is, a servant of the Hudson's Bay Company.

During the years 1841 and 1842, several families settled at the falls,

when Dr. McLaughlin, who still resides at Fort Vancouver, comes on the

ground, and says the land is his, and any person building without his

permission is held as a trespasser. Without reference to any person's

right or claim, he employs a surveyor to run out the plat; and as a bill

was before the Senate of the United States to grant to every white male

inhabitant a mile square, he has a mile run out to suit his views, and

lays out a town plat at the falls, and calls it Oregon City. Although

some, for peace's sake, asked him for the lots they had already in

possession, and which he appeared very willing to grant, the doctor now

felt himself secure, and posted up the annexed paper (marked A), which

is the original; and all who had lots were required to pay Mr. Hastings

five dollars for a deed of land which they knew very well the grantor

did not own, but that Congress will pass a special act granting to each

man his lot and improvements. Those that applied received (if they had a

house on the lot) a deed, a copy of which is annexed (marked B); if they

had no house, a bond was given for five dollars, a copy of which is

annexed (marked C). To those that applied and paid their five dollars

all was right with the doctor; while those who considered his title to

the land not good, and that therefore he had no right to direct who

should build and who should not, had their lots sold to others. In one

case the purchaser came to the original claimant and ordered him to stop

digging the ground which he was preparing for a garden, and commanded

him to remove his fences, as he had Dr. McLaughlin's bond in his pocket

for the lots; and if he did not move the fence he would, and take

forcible possession. Those who desired to have no difficulty, and did

not apply for a deed, have lost their lots, the doctor's promise, and

all. And Mr. Hastings (the doctor's agent) is now offering for sale the

lots on which part of the mission buildings stand; and if he succeeds in

finding a purchaser, they must either contend or lose their buildings.

Dr. McLaughlin has held claims in other places south of the Columbia

River: at the Tualatin Plains and Clackamas Plains he had huts erected,

to prevent others from building; and such is the power of Dr.

McLaughlin, that many persons are actually afraid to make their

situation known, thinking, if he hears of it, he will stop their

supplies. Letters were received here from Messrs. Ladd & Co., of the

Sandwich Islands, in answer to a letter written by the late Mr. Ewing

Young, for a few supplies, that orders were received forbidding the

company's vessels carrying any goods for the settlers of Oregon. Every

means will be made use of by them to break down every thing that will

draw trade to this country, or enable persons to get goods at any other

place than their store.

One other item, and we are done. When the United States government

officers of distinction arrive, Vancouver is thrown open, and every

facility afforded them. They were even more condescending to the

settlers during the time the exploring squadron was in the Columbia;

nothing was left undone to give the officers a high opinion of the

Honorable Hudson's Bay Company. Our Indian agent is entirely dependent

on them for supplies and funds to carry on his operations.

And now your memorialists pray your honorable body that immediate action

of Congress be taken in regard to this country, and good and wholesome

laws be enacted for our Territory, as may, in your wisdom, be thought

best for the good of the American citizens residing here.

And your memorialists will ever pray.

Robert Shortess, A. E. Wilson*, W. C. Remick*, Jeffrey Brown, E. N.

Coombs, Reuben Lewis, George Davis, V. Bennett, J. Rekener, T. J.

Hubbard, James A. O'Neil, Jer. Horregon, William McCarty, Charles

Compo, John Howard*, R. Williams, G. Brown, John Turner*, Theodore

Pancott, A. F. Waller, J. R. Robb, J. L. Morrison, M. Crawford,

John Anderson, James M. Bates, L. H. Judson, Joel Turnham*, Richard

H. Ekin, H. Campbell*, James Force, W. H. Wilson*, Felix Hathaway*,

J. Lawson, Thomas J. Shadden*, Joseph Gibbs, S. Lewis, Jr., Charles

Roy, William Brown, S. Davis, Joseph Yatten, John Hopstatter*, G.

W. Bellomy*, William Brown, A. Beers, J. L. Parish, William H.

Gray, A. D. Smith*, J. C. Bridgers*, Aaron Cook, A. Copeland, S. W.

Moss, Gustavus Hines, George W. Le Breton*, Daniel Girtman, C. T.

Arrendrill, A. Touner, David Carter*, J. J. Campbell*, W. Johnson*,

John Edmunds, W. Hauxhurst, W. A. Pfieffer, J. Holman, H. B.

Brewer, William C. Sutton. Sixty-five in all.

* It is understood that the persons whose names are marked with an

asterisk (*) are now dead; the balance are supposed to be still

living.

The foregoing are all the names which appear to the petition printed as

Senate document 105, and presented to the Senate at the first session of

the twenty-eighth Congress.

W. J. MCDONALD,

Principal Clerk of Sec'y Senate.

WASHINGTON, D. C., Jan. 5, 1866.

Mr. George Abernethy declined to sign this petition through fear of

injuring the Methodist Mission in its secular or business relations with

the Hudson's Bay Company.

Hugh Burns would not sign it because he did not wish Congress to be

asked to confirm his title to lots and improvements.

Jason Lee, though he thought it right to petition Congress for

protection, yet on account of his position as superintendent of the

Methodist Mission, and the influence of the company against them should

he sign it, thought it best not to give his name.

Dr. I. L. Babcock refused, because, by signing, he would lose his

influence with the company.

Walter Pomeroy, ditto.

Dr. Bailey _did not wish any protection from the Congress of the United

States_.

Rev. H. K. W. Perkins was _ashamed_ of the petition. "What does Congress

care about measuring wheat? or a contest between two milling companies?"

George Gay did not care any thing about it. Congress might do as it

pleased; he did not want its protection.

The people in Tualatin Plains did not have an opportunity to sign or

refuse for want of time to circulate it in that section. The bearer of

it, William C. Sutton, was on his way to the States across the Rocky

Mountains. Through the influence of Dr. White, who had clandestinely

procured a copy of the petition and the names attached, and had made an

effort to prevent its reaching Mr. Sutton, it had been delayed, but

through the perseverance and promptness of Robert Shortess and A. E.

Wilson, it was sent by Davis and Johnson and some Indians in an express

canoe, and reached Mr. Sutton before he left the Cascades. For this

service to his country and the persevering efforts of Mr. Shortess to

maintain the rights of American citizens in it, he was early placed

under the ban of the Hudson's Bay Company, and, it may be added, the

Methodist Mission; and reports prejudicial to him have been freely and

persistently kept before the public mind, as also against any others

that have taken an active part against the infamous and despotic course

of that company. This is to weaken their testimony, and to render them

powerless to prevent the present proposed robbing of our national

treasury. Instead of paying one dime to that company for doing all they

dared to do to prevent the settlement of Oregon by Americans, a pension

should be paid to Robert Shortess and many others who dared to maintain

the rights of the American people to this western coast. Whitman periled

every thing and lost his life to save the country. Shortess has periled

all, and worn himself out in struggling under an influence that took the

life of Dr. Whitman and many others, for which this Hudson's Bay Company

are now to receive pay.

It is unnecessary for me to make a single remark in reference to this

petition. It is a history in itself of the times and events then

occurring. Mr. Hines refers to it as of little moment, and on page 150

says: "Not being one of the authors, but merely a signer of the

petition, I did not come under the ban of the company; consequently, I

obtained my outfit for the expedition, though at first there were strong

indications that I would be refused."

We would infer from this, that the Hudson's Bay Company did not regard

it as a serious matter, but in the next line he tells us: "We remained

at the fort over night and a part of the next day, and, after a _close

conversation with the gentlemen in command_, were treated with great

courtesy."

This lets us into the whole mystery of the affair. The gentlemen in

charge of the fort had become satisfied that Mr. Hines in his visit

among the Indians would not interfere with their arrangements already

made with McKay and White; in fact, that Mr. Hines approved of Dr.

White's policy of uniting the tribes in the interior to accomplish the

one great object of the company. The documents that follow are given to

show the fact stated in the petition, as also the high-handed measures

of the company and Dr. McLaughlin.

A.

Notice is hereby given to all whom it may concern, that those who have

obtained grants of lots in Oregon City, will be expected to call upon L.

W. Hastings, my authorized agent at Oregon City, and obtain a bond for a

deed or deeds, as the case may be. Those who hold claims to any lot, and

who comply with the above requisite, on or before the first day of

February next, will be entitled to their lot or lots; otherwise, the

lots upon which they hold a claim will thereafter be subject to any

disposition which the undersigned may think proper to make of them.

JOHN MCLAUGHLIN.

January 18, 1843.

OREGON CITY, March 27, 1843.

We, the undersigned, do hereby certify that the above notice of John

McLaughlin was posted up in the most public places in this town.

R. SHORTESS.

A. E. WILSON.

* * * * *

B.

_Deed--John McLaughlin to Walter Pomeroy._

Know all men by these presents, that I, John McLaughlin, of Fort

Vancouver, in the Territory of Oregon, for and in consideration of the

sum of one dollar, to me in hand paid by Walter Pomeroy, of Oregon City,

of the Territory aforesaid, the receipt whereof is hereby acknowledged,

have this day, and do, by these presents, remit, release, and forever

quit claim unto the said Pomeroy, his heirs and assigns, all and

singular, the following piece, parcel, and lot of land, bounded and

described as follows, to wit: Commencing at the northeast corner,

running thence southerly sixty-six feet to a stake, thence easterly one

hundred feet to a stake at the place of beginning, being lot number

four, in block number three, in the town of Oregon City, in the

Territory of Oregon, which will more fully appear from a reference to

the map and plan of said town:

To have and to hold the same, together with all and singular the

privileges and appurtenances thereunto in any wise appertaining or

belonging unto the said Pomeroy, his heirs, executors, administrators,

or assigns, forever.

And I, the said McLaughlin, for myself, do vouch and declare that I am

the true and proper claimant of and to the said premises and lot of

land, and that I have in myself full power, good right, and sufficient

authority to remit, release, and quit my claim in and to said lot and

premises, in manner and form aforesaid.

And I, the said McLaughlin, do hereby covenant and agree to warrant and

defend the said premises, together with the privileges and appurtenances

thereunto appertaining or belonging, to the said Pomeroy, his heirs and

assigns, against all lawful claims of all persons whomsoever, _the

claims of the government only excepted_.

In testimony whereof, I, the said McLaughlin, have hereunto set my hand

and affixed my seal, this the 2d of March, A.D. 1843.

JOHN MCLAUGHLIN. [L. S.]

Per L. W. HASTINGS, his agent.

We, the undersigned, do hereby acknowledge that the above is a true and

correct copy of the original.

R. SHORTESS.

A. E. WILSON.

* * * * *

C.

_Bond--John McLaughlin to Albert E. Wilson._

Know all men by these presents, that I, John McLaughlin, of Fort

Vancouver, in the Territory of Oregon, am held and firmly bound unto

Albert E. Wilson, of Oregon City, in the Territory aforesaid, in the

full sum of five hundred dollars, federal money; for the punctual

payment of which, well and truly to be made, I bind myself, my heirs,

executors or administrators, firmly by these presents.

In testimony whereof, I have hereunto below set my hand and affixed my

seal, this the 26th day of December, A.D. 1842.

Now, know ye, that the condition of the above obligation is such, that

whereas the said Wilson hath this day, and doth by these presents,

purchase of the said McLaughlin all and singular the following pieces,

parcels, tracts, and lots of land, namely: Lots Nos. four and five, in

block No. two, in the town of Oregon City, in the Territory of Oregon,

as is more fully shown by the map and plan of said town, and hath, and

by these presents doth agree to build upon and improve each of the lots

within the term of one year from the date of these presents. In

consideration of which, the said McLaughlin hath, and doth by these

presents covenant and agree to make the said Wilson a good and

sufficient quit-claim deed for and to all and singular the

above-mentioned pieces, parcels, tracts, and lots of land, whenever he,

the said Wilson, shall have complied with the above conditions on his

part. Now, if the said McLaughlin shall well and truly make, or cause to

be made, the said deed to the said Wilson, upon the said Wilson's

complying on his part with the above condition, then, and in such case,

the within obligation shall become entirely void and of no effect;

otherwise to be and remain of full force and virtue.

JOHN MCLAUGHLIN. [L. S.]

Per L. W. HASTINGS, his agent.

We, the undersigned, do hereby acknowledge the above to be a true and

correct copy of the original.

R. SHORTESS.

A. E. WILSON.

Our history would not be complete without these documents. It will be

noticed in Mr. Pomeroy's deed, as also all the other deeds given by Dr.

McLaughlin, that he "warrants and defends" against all lawful claims of

all persons whomsoever, _the claims of the government only excepted_. He

would not insert _United States government_, for he expected the English

would get the country. He asserts in his deeds, "And I, the said

McLaughlin, _for myself_, do vouch and declare that I am the true and

proper claimant of, and to the said premises and lot of land, and that I

have in myself full power and good right."

Any one questioning his power and authority was made to feel it in a

manner more severe than that of any governor of a State or of the

President of the United States.

It was unfortunate that, at the time Dr. McLaughlin was making his claim

to the land and his improvements at Oregon City, it was not known that

he had, or would, sever his connection with the Hudson's Bay Company,

and become an American citizen, as he afterward did. It was his

connection with, and apparent control over, the affairs of the company,

that created the strong American prejudice against him, and deceived

many as to his intentions, besides giving occasion for a strong feeling

in favor of Rev. Mr. Waller, who employed a Mr. John Ricord to prepare a

declaration setting forth his claim to that location, as follows:--

"_To the People of Oregon:_

"FELLOW-CITIZENS,--Having been retained professionally to establish

the claim of Mr. Alvin F. Waller to the tract of land on the east

side of the Wallamet River, sometimes called the Wallamet Falls

settlement, and sometimes Oregon City, I consider it a duty to my

client and to the public to state, briefly and concisely, the

several circumstances of his case, as they really exist, in order

that his motives may not be impugned, nor his intentions

misunderstood and misrepresented.

"The public are already aware that my client commenced the occupancy

of this farm in the spring of A.D. 1840, when no one resided at the

falls, and that, in the course of that summer, he built his house,

moved his family into it, and cleared and fenced a good portion of

the land; from which, in the ensuing years A.D. 1841 and 1842, he

raised successive crops of corn, potatoes, and other vegetables

usually cultivated by farmers. That he remained thus occupying

undisturbed, until the month of December, A.D. 1842, about two years

and six months, when Dr. John McLaughlin caused his farm to be

surveyed, for the purpose of selling it in subdivisions to American

citizens. It has since been currently reported and quite generally

believed that my client had renounced his right in favor of Dr.

McLaughlin. This I am authorized to contradict, having perused the

letter written by Mr. Waller, which not only contains no

renunciation, but, on the contrary, is replete with modest and firm

assertions of his rights in the premises; offering at the same time

to relinquish his claim if the doctor would comply with certain very

reasonable and just conditions. Upon this offer the parties had come

to no final conclusion until my arrival in the colony, when Dr.

McLaughlin attempted to employ me to establish his claim,

disregarding the rights of all other persons, which I declined

doing. Mr. Waller thereupon engaged me to submit the conditions a

second time to the doctor for his acceptance or rejection, which I

did in the following words:--

"'1st. That your pre-emptive line be so run as to exclude the island

upon which a private company of citizens have already erected a

grist-mill, conceding to them as much water as may be necessary for

the use of said mills.

"'2d. That Mr. Waller be secured in the ultimate title to the two

city lots now in his possession and other lots not exceeding in

superficial area five acres, to be chosen by him from among the

unsold lots of your present survey.

"'3d. That the Rev. Mr. Lee, on behalf of the Methodist Episcopal

Mission, be, in like manner, secured in the lots claimed for the use

of said mission.' They consist of church and parsonage lots, and

are well known to the public.

"I received a letter from Dr. McLaughlin, dated November 10, 1843,

in answer to mine, in which he declines complying with the above

conditions, and thus puts an end to the offer of my client to

relinquish his right of pre-emption. Under these circumstances Mr.

Waller has now applied to the Supreme Court of the United States,

which, under the Constitution, has original jurisdiction of 'all

cases in law and equity, arising under treaties,' to grant him a

commission for perpetuating the testimony of the facts in his case,

_de bene esse_, in order that whenever Congress shall hereafter see

fit to prescribe, by law, the conditions and considerations, he may

be enabled to demand of the United States a patent; also praying the

court to grant him such other relief in the premises as may be

consonant with equity and good conscience.

"The legality of Mr. A. F. Waller's claim rests upon the following

grounds:--

"1st. He was a citizen of the United States, of full age, and

possessed of a family when he came to reside on the premises; 2d. He

built a house upon them and moved his family into it, thus becoming

in fact and in law a householder on the land; 3d. He cleared,

fenced, and cultivated a portion of it during two years and six

months before he was disturbed in his actual possession; and 4th.

That he is not at this moment continuing to cultivate his farm is

not his fault, since it was wrested from him.

"The illegality of Dr. McLaughlin's claim rests upon the following

grounds:--

"1st. He was a British subject owing allegiance to a foreign power,

and has so continued to be ever since the spring of A.D. 1840. For

this reason alone he could not acquire pre-emption to lands in the

United States.

"2d. He is chief officer of a foreign corporative monopoly. For this

reason alone he could not acquire pre-emption to lands in the United

States.

"3d. He does not now, and never did, reside on the land in question;

but, on the contrary, he resides, and has always continued to

reside, on the north bank of the Columbia River, the section of

country actually in dispute between the two governments, about

twenty miles from the land claimed by Mr. Waller, and there he is

obliged to remain so long as he continues to be chief factor.

"4th. He is not in fact the claimant. The Hudson's Bay Company, a

foreign corporation, is in fact the claimant, while Dr. McLaughlin

only lends his name; well knowing that a corporation, even though

it be an American one, can not acquire a pre-emption. This is

evinced by the employment of men to be his agents, and to sell lots

for him, who are at the same time partners in, and receiving

dividends and salaries from, the company.

"5th. The pretensions of Dr. McLaughlin arose, if at all, two years

and six months after the actual settlement of Mr. Waller; and

therefore they are in direct violation of the treaty of A.D. 1827,

converting the mutual and joint occupation into an exclusive

occupancy by British subjects.

"6th. The treaty of joint occupation (1827) does not, and was never

intended, on the part of the United States, to confer any rights of

citizenship upon foreigners. The power to confer such rights is, by

the Constitution, reserved to Congress. And the right to acquire

title by pre-emption is peculiar to citizens.

"These, fellow-citizens, are the facts and some of the points of law

in my client's case. Upon the same principle contended for by Dr.

McLaughlin, any of you may incur the risk of being ousted from your

farms in this colony, by the next rich foreigner who chooses to take

a fancy so to do, unless in the first instance you come unanimously

forward and resist these usurpations. It is not my client's

intention to wrong any who have purchased lots of the doctor; and to

guard against the injury which might result to individuals in this

respect, I have carefully drawn up the form of a bond for a

warrantee deed, which Mr. Waller is at all times ready, without any

further consideration, to execute to any person who has, in good

faith, bought of the doctor, prior to the date of this notice, by

being applied to at his residence. Mr. Waller does not require one

cent of money to be paid to him as a consideration for his

bonds--the trouble, expense, and outlays they have already incurred,

with a desire to save all such persons harmless from pecuniary loss,

is a good and sufficient consideration in law to bind him in the

proposed penalty of one thousand dollars. (See Cowan's

Digest--Assumpsit, B).

"I am of opinion that Mr. Waller has rights in the premises, which

neither Dr. McLaughlin, nor even Congress, by any retrospective

legislation, can take away from him,--and therefore,

fellow-citizens, in sincere friendship, I would counsel you to lose

no time in applying to him for your new bonds.

"JOHN RICORD,

"Counselor in the Supreme Court of the United States,

and attorney for Alvin F. Waller.

"Dated December 20, 1843."

CHAPTER XXXIX.

Extracts from Mr. Hines' history.--Attempt to capture an Indian

horse-thief.--Dr. McLaughlin refuses to sell supplies to the

signers of the petition.--Excitement in the settlement.--Interview

with Dr. McLaughlin at Vancouver.

"April 14.--Information was brought to the settlement from the Clackamas

tribe of Indians, who live three miles below the falls of the Wallamet,

which served to increase the excitement occasioned by the reports from

the interior. It appears that an Indian of the Molalla tribe, connected

with the Clackamas Indians by marriage, stole a horse from a man by the

name of Anderson, and when asked by the latter if he had stolen his

horse and rode him off, answered, 'Yes, I stole your horse, and when I

want another one I shall steal him also.' To this Anderson replied, 'If

you stole my horse you must pay me for him.' 'Yes,' said the Indian, 'I

will pay you for him, take that horse,' pointing to a very poor horse

which stood near by, with one eye out, and a very sore back. Anderson

replied, 'That is a very poor horse, and mine is a good one; I shall not

take him, and if you don't bring him back I will report you to Dr.

White.' 'I am not afraid of Dr. White,' said the Indian; 'let him come

if he wants to, and bring the Boston people with him; he will find me

prepared for him.'

"Anderson not being able to effect a settlement with the Indian,

immediately reported him to the agent, whereupon the latter wrote to a

man at the falls, by the name of Campbell, to take a sufficient number

of men armed with muskets, and go very early in the morning to the

Indian camp, and take the horse-thief a prisoner, and bring him to the

falls.

"Accordingly, Campbell procured five men, and went to the camp as

commanded, but found thirty or forty Indians painted in the most hideous

manner, and armed with muskets, bows and arrows, tomahawks and

scalping-knives, and determined at all events to protect the

horse-thief, and drive back those that should come to take him. Campbell

rushed on to take the rogue, but met with much resistance from

superiority of numbers; and finding that the enterprise, if urged

forward, would terminate in bloodshed, if not in the loss of all their

lives, sounded a retreat, and extricating himself from the Indians,

returned to the falls. He communicated the result of his attempt to Dr.

White, and the doctor started off immediately in company with G. W. Le

Breton, resolved to capture the thief and bring the tribe to terms."

This day's proceedings are given as a specimen of the foolish conduct of

Dr. White and his friends.

"April 17.--The excitement still continues, former reports having been

confirmed, and all were engaged in repairing guns, and securing

ammunition. A report was in circulation that Dr. McLaughlin refused to

grant supplies for any consideration, to all those persons who

subscribed the memorial praying the Congress of the United States to

extend jurisdiction over Oregon. If this be so, the American population

(as nearly all signed the memorial) will not be able to obtain

ammunition, however necessary it may be, as there is none in the country

except what may by found within the stockades of Vancouver. I think,

however, that the report is false. Report says, furthermore, that the

Klikitat Indians are collecting together back of the Tualatin plains,

but for what purpose is not known. The people on the plains, consisting

of about thirty families, are quite alarmed. There is also a move among

the Calapooyas. Shoefon, one of the principal men of the tribe, left

this place a few days ago, and crossed the Wallamet River, declaring

that he would never return until he came with a band of men to drive off

the Boston people. He was very much offended because some of his people

were seized and flogged, through the influence of Dr. White, for having

stolen a horse from some of the missionaries, and flour from the mission

mill. His influence is not very extensive among the Indians, or we might

have much to fear.