"The colony is indeed in a most defenseless condition; two hundred

Indians, divided into four bands, might destroy the whole settlement in

one night.

"In the evening of the 17th, Dr. White arrived at my house, bringing

intelligence from the falls. He and Mr. Le Breton attempted to go to the

falls on horseback, but in trying to ford Haunchauke River, they found

the water so deep they were obliged to swim, and the doctor turned his

horse's head and came out the side he went in; but Le Breton, being the

better mounted of the two, succeeded in gaining the opposite shore; and

having the doctor's letters in his possession, continued on to the

falls. The doctor returned to the settlement. Le Breton returned the

following day, and brought information from the five men who had

attempted to take the Indian who had stolen Anderson's horse, that soon

after their retreat the Indians became alarmed and broke up in great

haste; but, before they left, they informed Anderson that the horse they

had stolen from him was worn out and good for nothing, and tying a good

horse to a tree near Anderson's house, they told him that he must take

that and be satisfied. They then hurried away, saying that they should

not be seen in that region again. It was ascertained that the Clackamas

Indians had nothing to do with the stolen horse; that it was a band of

the Molallas, the very same rascals that stole a horse from me two years

before, and after having him in their possession several weeks, brought

him down within a few miles of my house, where they encamped, and where

I went with one man and took him from the midst of more than fifty

grim-looking savages."

This shows at least that Mr. Hines had personal courage.

"On the 20th of April a letter was received in the settlement, written

by H. B. Brewer, at the Dalles, which brings the latest intelligence

from the infected region. This letter states that the Indians in the

interior talk much of war, and Mr. Brewer urges Dr. White to come up

without delay, and endeavor to allay the excitement. He does not inform

us that the Indians design any evil toward the whites, but says that the

war is to be between themselves, but that the Boston people have much to

fear. As the doctor, in his visit to the interior last October, left an

appointment to meet the Wallawalla Indians and the Cayuses, in their own

country, on the 10th of May, and believing that a great share of the

excitement originated in a misunderstanding of the Indians, he came to

the conclusion at all hazards to go among them. At the solicitation of

the agent, I determined to accompany him on the expedition.

"The great complaint of the Indians was that the Boston people designed

to take away their lands, and reduce them to slavery. This they had

inferred from what Dr. White had told them in his previous visit; and

this misunderstanding of the Indians had not only produced a great

excitement among them, but had occasioned considerable trouble betwixt

them and the missionaries and other whites in the upper country, as well

as influencing them to threaten the destruction of all the American

people. Individuals had come down from Fort Wallawalla to Vancouver,

bringing information of the excited state of things among the Indians,

and giving out that it would be extremely dangerous for Dr. White to go

up to meet his engagements. Their opinion was, that in all probability

he and the party which he might think proper to take with him would be

cut off. But it was the opinion of many judicious persons in the

settlement, that the welfare of the Indians, and the peace and security

of the whites, demanded that some persons qualified to negotiate with

the Indians should proceed immediately to the scene of disaffection, and

if possible remove the cause of the excitement by correcting the error

under which the Indians labored. Accordingly Dr. White engaged twelve

men besides myself, mostly French-Canadians who had had much experience

with Indians, to go with him; but a few days before the time fixed upon

to start had arrived, they all sent him word that they had decided not

to go. They were doubtless induced to pursue this course through the

influence of Dr. McLaughlin and the Catholic priests."

Most likely, Mr. Hines, but you seem to be afraid to express a decided

opinion, even after they have accomplished their object.

"When the day arrived for starting, we found ourselves abandoned by

every person who had engaged to go, except Mr. G. W. Le Breton, an

American, one Indian boy, and one Kanaka. With the two latter the doctor

and myself left the Wallamet settlement on the 25th of April, 1843, and

proceeded on horseback to the Butte, where we found Le Breton in waiting

for us. He had provided a canoe and a few pieces of pork and beef for

our use on the voyage.

"Here we met a letter from Dr. John McLaughlin, at Vancouver,

discouraging us from our undertaking in view of the difficulties and

dangers attending such an expedition; but we had counted the cost, and

were not to be diverted from our purpose, though danger stared us in the

face. We supposed that if the Indians entertained any hostile intentions

against the whites in general, there could be no better way to defeat

their purposes than to go among them; convince them that they had no

grounds of fear; and that the whites, instead of designing to bring them

into subjection, were desirous of doing them good. Prevented by one

thing and another from setting sail, on the night of the 27th we slept

on a bank of sand at the Butte, and next day proceeded in our little

canoe down to Wallamet Falls, where we continued until the 29th. Here we

received another package from Dr. McLaughlin, giving us information that

Rev. Mr. Demerse, a Catholic priest, had just come down from the upper

country, bringing intelligence that the Indians are only incensed

against the Boston people; that they have nothing against the French and

King George people; they are not mad at them, but are determined that

the Boston people shall not have their lands, and take away their

liberties.

"On receiving this intelligence from Mr. Demerse, Dr. McLaughlin advised

the Frenchmen, who had engaged to go with Dr. White, to have nothing to

do with the quarrel, to remain quiet at home, and let the Americans take

care of themselves. He also expressed, in his letter, the opinion that

all the people should remain quiet, and in all probability the

excitement among the Indians would soon subside.

"Not seeing sufficient reason to change our course, on the morning of

the 28th we left our hospitable friends at the falls and continued our

course down the Wallamet toward Vancouver. At noon we had sailed twenty

miles, and stopped for dinner within five miles of the mouth of the

Wallamet, on a low piece of ground, overgrown with luxuriant grass, but

which is always overflowed at the rise of the Columbia, or about the

first of June. Weighed anchor after dinner, and at four o'clock, P.M.,

arrived at Vancouver. Called on Dr. McLaughlin for goods, provisions,

powder, balls, etc., for our accommodation on our voyage up the

Columbia, and, though he was greatly surprised that, under the

circumstances, we should think of going among those excited Indians, yet

he ordered his clerks to let us have whatever we wanted. However, we

found it rather squally at the fort, not so much on account of our going

among the Indians of the interior, as in consequence of a certain

memorial having been sent to the United States Congress, implicating the

conduct of Dr. McLaughlin and the Hudson's Bay Company, and bearing the

signature of seventy Americans. I inquired of the doctor if he had

refused to grant supplies to those Americans who had signed that

document; he replied that he had not, but that the authors of the

memorial need expect no more favors from him. _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 remained at the fort over night and a part of the next day, and

after a close conversation with the gentleman in command, were treated

with great courtesy."

CHAPTER XL.

A combination of facts.--Settlers alive to their danger.--Mr.

Hines' disparagement of the Methodist Mission.--Indians want pay

for being whipped.--Indian honesty.--Mr. Hines' opinion of the

Indians' religion.--Mr. Geiger's advice.--Dr. McLaughlin's answer

to Yellow Serpent.--Baptiste Doreo.--Four conflicting influences.

We now have before us a combination of facts and statements that no one

living at the time they occurred will attempt to deny. Shortess and

others still live to vouch for the truth of what is written. If Mr.

Hines has shown the least partiality in his writings, it is strongly in

favor of influences that were operating against him and the cause he

advocated; while such men as Rogers, Le Breton, Wilson, Whitman, and

others still living, spoke and acted the American sentiment of the

country. Mr. Hines and Dr. White had received two packages from Dr.

McLaughlin advising them not to go to the interior, and the Jesuit

priest, Demerse, had come down bringing word that the "quarrel" was not

with the _French_ and _English_, and that Dr. McLaughlin advised his

Frenchmen to remain at home and let the Americans take care of

themselves. Mr. Brewer is deceived as to the cause of the war rumors

about him, and seems solicitous only about the Indians. With all these

facts, as given by Mr. Hines, with his ability and experience, we are at

a loss to understand how it is that he could take notes and publish, in

1851, statements as above quoted, and then proceed with the account that

follows, rather excusing Dr. McLaughlin and the priests in the part they

are taking in attempting to crush the American settlement, and actually

aiding the Hudson's Bay Company in combining and marshaling the savages

to weaken and destroy his countrymen!

The writer does not believe he intended to do any thing of the kind, yet

the influences brought to bear upon him were such that he became an

active instrument with Dr. White to accomplish the one great object of

the Hudson's Bay Company and English government, and becomes the

apologist for a premeditated and deliberate murder of his countrymen.

The Whitman massacre he does not even mention.

The settlers were alive to their danger. They had no head, no

organization, no one to look to for supplies or protection. They knew

that the sub-agent of the United States government was the dupe of

their worst enemy, and had betrayed them. They knew that it was the

policy and disposition of the missions to keep them under their control.

We are fully aware of the fact that the leading clergymen of all the

missions attempt to deny the position above stated. But in the covenant

of Mr. Griffin with Mr. Munger, he admits that the articles of compact

and arrangement of the various missionary societies all affirm the one

principle, that laymen or members of their societies were subject to the

orders and dictation of the clergymen, not only in religious, but all

financial and secular matters,--hence the disposition and determination

on the part of these clerical gentlemen to govern the early settlement

of the country. The Hudson's Bay Company system of absolute government

was favorable to this idea. The Jesuit priests, who combined their

influence with the company, all contributed to oppress and keep down the

settler. While the priests were active in combining and preparing the

Indians in middle Oregon to rob and destroy the emigrant on his lonely,

weary, toilsome way to this country, their agents and principal clerks

were equally active in shaping matters in the various neighborhoods and

settlements west of the Cascades.

On the 156th page of Mr. Hines' book he gives us a short summary of the

labors of Revs. Daniel Lee, H. K. W. Perkins, and Mr. H. B. Brewer:

"They are laboring to establish a permanent mission at this place [the

Dalles] for the benefit of the Indians, but with doubtful success." That

the Methodist Mission should be misled and become inefficient is not to

be wondered at when such men as Mr. Hines, holding the position and

assuming a controlling influence as he did, should express himself in

the language quoted above. The "doubtful success" attending all the

missionary labors of the Methodist Mission was unquestionably

attributable to the opinions of just such men, privately and publicly

expressed, with corresponding "doubtful" and divided labors, while the

ignorance of the religious supporters of the Roman missions enabled them

to deceive their neophytes and patrons, and keep up their own missions

and destroy those of the Protestants.

Soon after Mr. Hines and party arrived at the Dalles, some twenty

Indians assembled to have a talk with Dr. White, who had in his visit in

the fall of 1842 prevailed upon this band to organize an Indian

government by appointing one high chief and three subordinates to see

that all violators of his rules were punished by being flogged for

offenses that formerly were considered trifling and evidence of native

cunning and smartness. As was to be expected, some of the Indians would

resist and use their knives and weapons in their own defense.

There is an interesting incident related by Mr. Hines, in reference to

Indian character, on his 157th page:--

"The Indians want pay for being whipped, in compliance with Dr.

White's laws, the same as they did for praying to please the

missionaries, during the great Indian revival of 1839. Those

appointed by Dr. White were desirous that his regulations should

continue, because they placed the people under their absolute

control, and gave them the power to regulate all their intercourse

with the whites, and with the other Indian tribes. But the other

influential men who were not in office desired to know of Dr. White

of what benefit this whipping system was going to be to them. They

said they were willing it should continue, provided they were to

receive shirts and pants and blankets as a reward for being whipped.

They had been whipped a good many times and had got nothing for it,

and it had done them no good. If this state of things was to

continue, it was all _cultus_, good for nothing, and they would

throw it away. The doctor wished them to understand that they need

not expect pay for being flogged when they deserved it. They laughed

at the idea, and separated."

Just here the writer will give one other incident, related of Yallop, an

Indian belonging to the same tribe, as stated by Rev. Mr. Condon, of the

Dalles:--

"Yallop was requested to remain at the house of Mr. Joslin during

the absence of the family, one cold day, and see that nothing was

disturbed, with the understanding that he was to go into the house

and make himself comfortable till the family returned. On coming

home they found the Indian outdoors under a tree, cold and nearly

frozen. They inquired the reason of his strange conduct, and wanted

to know why he did not stay in the house. Yallop said he went into

the house and found every thing so nice and comfortable that by and

by the old Indian came into him again and he wanted to steal all

there was in the house, and the only way he could get over that

feeling was to go out under the tree in the cold."

Mr. Hines, in speaking of this same band, says, 158th page: "As a matter

of course, lying has much to do in their system of trade, and he is the

best fellow who can tell the biggest lie, make men believe it, and

practice the greatest deception. A few years ago a great religious

excitement prevailed among these Indians, and nearly the whole tribe,

consisting of a thousand, professed to be converted, were baptized, and

received into the Christian church; but they have nearly all relapsed

into their former state, with the exception that many of them still keep

up the outward form of religion.

"Their religion appears to be more of the head than of the heart,

and though they are exceedingly vicious, yet doubtless they would be

much worse than they are, but for the"--("doubtful success," as Mr.

Hines affirms on his 156th page, while here he says)--"_restraining

influences_ exerted by the missionaries."

Mr. Hines has given us an interesting history of those early missionary

labors, but the greater portion of his book relates to himself,--to his

travels on shipboard, and at the Sandwich Islands, a trip to China and

back to New York, and his trip to the interior of Oregon.

He says: "The Cayuse Indians, among whom this mission is established,

had freely communicated to Mr. Geiger, whom they esteemed as their

friend, all they knew concerning it. When the Indians were told that the

Americans were designing to subjugate them and take away their land, the

young chiefs of the Cayuse tribe were in favor of proceeding immediately

to hostilities. They were for raising a large war party and rushing

directly down to the Wallamet settlement and cutting off the inhabitants

at a blow. They frequently remarked to Mr. Geiger that they did not wish

to go to war, but if the Americans came to take away their lands and

make slaves of them they would fight so long as they had a drop of blood

to shed. They said they had received their information concerning the

designs of the Americans from Baptiste Doreo, who is a half-breed son of

Madame Doreo,--the heroine of Washington Irving's 'Astoria,'--understands

the Nez Perce language well, and had given the Cayuses the information

that had alarmed them. Mr. Geiger endeavored to induce them to prepare

early in the spring to cultivate the ground as they did the year before,

but they refused to do any thing, saying that Baptiste Doreo had told

them that it would be of no consequence; that the Americans would come

in the summer and kill them all off and destroy their plantations.

"After Doreo had told them this story, they sent a Wallawalla

chief--Yellow Serpent--to Vancouver, to learn from Dr. McLaughlin the

facts in the case.

"Yellow Serpent returned and told the Cayuses that Dr. McLaughlin said

he had nothing to do in a war with the Indians; that he did not believe

the Americans designed to attack them, and that if the _Americans did go

to war with the Indians, the Hudson's Bay Company would not assist

them_. After they got this information from the Emakus Myohut (big

chief), the Indians became more calm. Many of them went to cultivating

the ground as formerly, and a large number of little patches had been

planted and sown before we arrived at the station."

Mr. Hines soon learned that the reports about war that had reached the

lower country were not without foundation. That the Indians still had

confidence in Mr. Geiger, and that they did not wish to go to war. The

reader will observe the statement of the Indians after they had told Mr.

Geiger they would fight if forced to do so. "They," the Indians, "said

they had received their information concerning the designs of the

Americans from Baptiste Doreo." This half-breed is also an interpreter

of the Hudson's Bay Company, and an important leader among the

half-breeds--next to Thomas McKay. After Doreo had told them his story,

the Indians were still unwilling to commence a war against the

Americans. They sent a messenger to Vancouver to consult Dr. McLaughlin,

just as those same Indians in 1841 went to Mr. McKinley, then in charge

of Fort Wallawalla, and wanted to know of him, if it was not good for

them to drive Dr. Whitman and Mr. Gray away from that station because

the Doctor refused to pay them for the land the mission occupied? Mr.

McKinley understood their object, and was satisfied that there were

outside influences that he did not approve of, and told the Indians,

"Yes, you are braves; there is a number of you, and but two of them and

two women and some little children; you can go and kill them or drive

them away; you go just as quick as you can and do it; but if you do I

will see that you are punished." The Indians understood Mr. McKinley.

Whitman and Gray were not disturbed after this.

Dr. John McLaughlin we believe to have been one of the noblest of men

while he lived, but, like Messrs. Hines, White, Burnett, Newell,

Spalding, and many others, influences were brought to bear upon him that

led him to adopt and pursue a doubtful if not a crooked course. It was

evident to any one conversant with the times of which we are writing

that there were at least four elements or influences operating in the

country, viz., the unasserted or _quasi_ rights of the American

government; the coveted and actual occupancy of the country by the

English Hudson's Bay Company and subjects, having the active civil

organization of that government; the occupancy of the country by the

American missions; and the coveted occupancy of the same by the Roman

Jesuit missions.

These four influences could not harmonize; there was no such thing as a

union and co-operation. The struggle was severe to hold and gain the

controlling influence over the natives of the country, and shape the

settlements to these conflicting views and national and sectarian

feelings. The American settler, gaining courage and following the

example and the track of the American missionaries with their wives,

winds his way over the mountains and through the desert and barren

plains down the Columbia River and through the Cascade Mountains,--

weary, way-worn, naked, and hungry. In one instance, with his rifle upon

his shoulder, and his wife and three children mounted upon the back of

his last ox, he plods his weary way through Oregon City, and up the

Wallamet, to find his future home; and there the warm heart of the early

missionary and his family is ready to feed, clothe, and welcome the

wanderer to this distant part of our great national domain, in order

that he may aid in securing Oregon to its rightful inhabitants, and in

forming a fifth power that shall supersede and drive away all foreign

influences.

For a time the struggle with the four influences was severe and

doubtful; but men who had crossed the Rocky and Cascade mountains with

ox-teams, were not made to give up their country's cause in the hour of

danger, though Britain and Rome, with their savage allies, joined to

subdue and drive them from it. With the British Hudson's Bay Company,

Roman Jesuit missions, savage Indians, American missions, and American

settlers the struggle is continued.

CHAPTER XLI.

Governor Simpson and Dr. Whitman in Washington.--Interviews with

Daniel Webster and President Tyler.--His cold reception in Boston

by the American Board.--Conducts a large emigration safely across

the Rocky Mountains into Oregon.--The "Memorial Half-Century

Volume."--The Oregon mission ignored by the American Board.--Dr.

McLaughlin.--His connection with the Hudson's Bay

Company.--Catholic Cayuses' manner of praying.--Rev. C.

Eells.--Letter from A. L. Lovejoy.--Description of Whitman's and

Lovejoy's winter journey from Oregon to Bent's Fort on the Arkansas

River.

Governor Simpson, of the Hudson's Bay Company, had reached Washington

and been introduced to Mr. Webster, then Secretary of State, by the

British Minister. All the influence a long-established and powerful

monopoly, backed by the grasping disposition of the English government,

can command, is brought to bear upon the question of the northwestern

boundary. The executive of the American republic is about ready to give

up the country, as of little value to the nation.

Just at this time, in the dead of winter, an awkward, tall,

spare-visaged, vigorous, off-hand sort of a man, appeared at the

Department in his mountain traveling garb, consisting of a dark-colored

blanket coat and buckskin pants, showing that to keep himself from

freezing to death he had been compelled to lie down close to his

camp-fire while in the mountains, and on his way to Washington he had

not stopped for a moment, but pushed on with a vigor and energy

peculiarly his own. It is but justice to say of this man that his heart

and soul were in the object of the errand for which he had traversed the

vast frozen and desert regions of the Rocky Mountains, to accomplish

which was to defeat the plans of the company, as shown by the taunting

reply of the Briton, "_that no power could make known to his government

the purposes of those who had laid their plans and were ready to grasp

the prize they sought_." While they were counting on wealth, power,

influence, and the undisputed possession of a vast and rich country,

this old pioneer missionary (layman though he was), having no thought of

himself or of his ridiculous appearance before the great Daniel Webster

and the President of a great nation, sought an interview with them and

stated his object, and the plans and purposes of the Hudson's Bay

Company and the British government: that their representations of this

country were false in every respect as regards its agricultural,

mineral, and commercial value to the nation; that it was only to secure

the country to themselves, that the false reports about it had been put

in circulation by their emissaries and agents; that a wagon road to the

Pacific was practicable; that he had, in 1836, in opposition to all

their false statements and influence to the contrary, taken a wagon to

Boise; and that, in addition, wagons and teams had, in 1841, been taken

to the Wallamet Valley, and that he expected, his life being spared, to

pilot an emigration to the country that would forever settle the

question beyond further dispute. He asserted that a road was

practicable, and the country was invaluable to the American people. Mr.

Webster coolly informed him that he had his mind made up; he was ready

to part with what was to him an unknown and unimportant portion of our

national domain, for the privilege of a small settlement in Maine and

the fisheries on the banks of Newfoundland.

There was but one other hope in this case. This old off-hand Oregon

missionary at once sought an interview with President Tyler. He repeated

his arguments and reasons, and asked for delay in the final settlement

of the boundary question, which, to those high in office, and, we may

add, total ignorance of all that related to this vast country, was of

small moment. But that Dr. Whitman (for the reader has already guessed

the name of our missionary) stood before the President of the United

States the only representative of Oregon and all her future interests

and greatness, a self-constituted, self-appointed, and without a

parallel self-periled representative, pleading simply for delay in the

settlement of so vast and important a question to his country,--that he

should be able to successfully contend with the combined influences

brought against him,--can only be attributed to that overruling power

which had decreed that the nation, whose interests he represented,

should be sustained.

Mr. Tyler, after listening to the Doctor's statements with far more

candor and interest than Mr. Webster was disposed to do, informed him

that, notwithstanding they had received entirely different statements

from gentlemen of the Hudson's Bay Company and the British minister,

then in Washington, yet he would trust to his personal representation

and estimate of the value of the country to the American people. He

said: "Dr. Whitman, in accordance with your representations and

agreeable to your request, this question shall be deferred. An escort

shall be furnished for the protection of the emigration you propose to

conduct to that distant country."

It is with deep regret, not to say shame, that truth and justice compel

us to give in this connection any notice of this faithful and devoted

missionary's reception and treatment, on his arrival in Boston,

derogatory to the Board whom he had served so faithfully for seven

years. Instead of being received and treated as his labors justly

entitled him to be, he met the cold, calculating rebuke for unreasonable

expense, and for dangers incurred without order or instructions or

permission from the mission to come to the States. Most of his reverend

associates had, as the writer is credibly informed, disapproved of his

visit to Washington, being ignorant of the true cause of his sudden

determination to defeat, if possible, the British and Jesuitical designs

upon the country; hence, for economical and prudential reasons, the

Board received him coldly, and rebuked him for his presence before them,

causing a chill in his warm and generous heart, and a sense of unmerited

rebuke from those who should have been most willing to listen to all his

statements, and most cordial and ready to sustain him in his herculean

labors.

His request at Washington to save this richest jewel of our nation from

British rule is granted, while the American Board of Commissioners for

Foreign Missions is appealed to in vain for aid to save the Indians and

the country from becoming the boast of the Italian Jesuit, and a prey to

his degrading superstitions. The Doctor's mission, with all its

accumulated influence, labors, and importance, is left to be swallowed

up and destroyed by the same influence that had divided and destroyed

that of the Methodist Mission.

Dr. Whitman disposed of his own little private property in the States,

and, with the aid of his brother and brother's son, returned to

Missouri, joined the emigration of 1843, and, as he had intimated to

President Tyler, brought on an emigration outnumbering all the Hudson's

Bay Company had brought to aid in securing the country to the British

crown, proving to the American people and the world, what had long been

asserted as impossible, that there was a practicable wagon road to the

Pacific Ocean on American soil. His care, influence, aid, and attention

to the emigration of 1843, I leave with those who can speak from

personal observation. Their gratitude and deep sympathy for this

self-devoted, faithful, and generous missionary led five hundred of them

with uplifted hand to say they were ready with their own life-blood to

avenge his death, and protect and defend the country. But influences,

such as we have been speaking of, came in, justice was robbed of its

right, and crime and murder permitted to go unpunished.

The cause in which Dr. Whitman enlisted, labored, and fell a victim, is

allowed to suffer and fall, and in a Memorial Volume of the American

Board, page 379, a false impression is given to the world, and a whole

mission ignored. In this splendid, well-bound, and elegantly gotten up

"Memorial Half-Century Volume," justly claiming much credit for the

fifty past years of its labors, this Board has ignored all its errors

and mistakes, and with one fell swoop of the pen consigned to oblivion,

so far as its great standard record is concerned, one whole mission and

a vast Indian population, as unworthy of a name or a notice in their

record, further than as "Rev. Samuel Parker's exploring tour beyond the

Rocky Mountains, under the direction of the Board, in 1835, 1836, and

1837, brought to light _no field for a great and successful mission_,

but it added much to the science of geography, and is remarkable as

having made known a practicable route for a _railroad_ from the

Mississippi to the Pacific." This shows a want of candor and also a

disposition to ignore all influences and causes of failure of one of

their own missions, and directs the attention of the reader to foreign

objects, leaving their missions to become an easy prey to avarice, the

Indian tribes to ignorance and superstition, and their missionaries to

be despised and superseded by Jesuits; giving their enemies the benefit

of that influence which they should have exerted to save their own

missionary cause. Such being the case, we are not to wonder at the cold

reception of Dr. Whitman, or the boundless influence and avarice of the

men who compassed the early destruction of that mission; and, failing to

destroy the American settlement, that they should now seek to rob our

national treasury as they sought to rob the nation of its rightful

domain. After being defeated by the American settlers in the

organization of the provisional government in 1843, by the provisional

army of 1847-8, they now come forward with the most barefaced effrontery

and claim millions of dollars for a few old rotten forts. They have

fallen to the lowest depths of crime to obtain compensation for

improvements of no real value.

As we said when speaking of the "combination of influences and no

harmony," we believe Dr. John McLaughlin to have been one of the best

and noblest of men; yet the governing power of the Hudson's Bay Company

would, if it were possible, have compelled him to starve the immigrants,

and sacrifice all the early settlers of the country. Do you ask me how I

know this? I answer, by the oaths of good and true American citizens,

and by my own personal knowledge. These depositions or statements under

oath but few of the readers of this history will ever see. In this

connection we will give part of one deposition we listened to and

penciled down from the mouth of the witness, who was the legal counselor

and confidential friend of Dr. McLaughlin from the fall of 1846 till his

death. This witness, in answer to the inquiry as to what Dr. McLaughlin

told him about the Hudson's Bay Company's encouraging the early

settlement of Oregon, said Dr. McLaughlin _had not encouraged the

American settlement of the country_, but from the fact that immigrants

arrived poor and needy, they must have suffered had he not furnished

supplies on a credit; that he could have wished that this had not been

necessary, because he believed there were those above him who _strongly

disapproved of his course in this respect, affirming that it would lead

to the permanent settlement of the country by American citizens_, and

thus give to the United States government an element of title to the

country; the United States government could not have a title to the

country without such settlement, and these persons, thus alluded to as

being dissatisfied, would report him to the Hudson's Bay Company's house

in London; that he ascertained finally that such complaints had been

made, but that he still continued to furnish the supplies, because, _as

a man of common humanity_, he could not do otherwise; and he resolved

that he would continue thus to do and take whatever consequences might

result from it; that the company's managing and controlling office in

London did finally call him to an account for thus furnishing supplies

as already stated, and for reasons indicated; that he represented to

them the circumstances under which he had furnished these supplies,

alleging that as a man of _common humanity it was not possible for him

to do otherwise than as he did_; that he foresaw as clearly as they did

that it aided in the American settlement of the country, but that this

he could not help, and it was not for him but for God and government to

look after and take care of the consequences; that the Bible told him,

"If thine enemy hunger, feed him; if he is naked, clothe him;" that

these settlers were not even enemies; that in thus finding fault with

him they quarreled with heaven (the witness said, "I do not know as that

was the exact expression or word") _for doing what any one truly worthy

the name of a man could not hesitate to do_, and that he immediately

concluded by indignantly saying, "_Gentlemen, if such is your order, I

will serve you no longer_," and from that day Oregon secured a warm and

faithful friend in that old white-headed man, and he a base and infamous

enemy in those who claimed the title of the Honorable Hudson's Bay

Company, who in 1860 are claiming all the credit and pay for this old

man's generous and noble deeds.

The readers of our history will excuse this interruption in the order of

events, or rather the introduction of this testimony at this time in our

sketches, for we shall still have to speak of Dr. McLaughlin as the head

of the Hudson's Bay Company, and continue him as a representative of

that influence, as also connected with the Roman Catholic efforts in the

country; for while we condemn and speak of base and infamous acts in

all alike, we will not forget the good and the noble. We have other

items of testimony that reveal to us the deep-laid plans, the vast

influence used, and efforts made, _to prevent the American settlement of

this country_, which shall be brought to light as we proceed.

One other item we will now give as developed by the testimony above

referred to. Dr. McLaughlin informed his attorney "that he had proposed

to the company's authority in London, that if they would allow him to

retain the profits upon the supplies and advances made as above

mentioned to the settlers, he would very cheerfully personally assume

the payment to the company of all the sums thus advanced, but this the

company declined to do." The witness said: "My memory is not very

distinct, at least, not so much as it is as to the statement above made,

but my recollection is that he also informed me that the company,

although it refused to permit him to retain the profits above mentioned,

did hold him responsible for every dollar of the advances he made, and I

do know that he regarded and treated the debts thus owing by American

citizens as debts owing not to the Hudson's Bay Company, but to himself

individually."

Dr. McLaughlin charges ingratitude upon those who were able to, and did

not pay him, and were guilty of denouncing him as an aristocrat. He was

no aristocrat, but one of the kindest, most obliging, and familiar men;

yet his tall, erect, and noble frame, a head covered with white hair, a

long white beard, light complexion, rather spare but open countenance,

with a full light blue or gray eye, made the coward and the mean man

hate him, while the truly noble man would love him for his generous and

unbounded benevolence. Like Dr. Whitman, the influences around him

weighed heavily upon his soul; he keenly felt the pain of ingratitude in

others; he felt it from the Hudson's Bay Company, whom he had faithfully

served, and from the persons he had befriended. An attempt was made by a

member of the company, who had previously sworn to the justness of their

infamous claims, to excite the sectarian prejudice of the witness

against Dr. McLaughlin on his cross-examination, by handing to the

company's attorney the following questions to be asked the witness:--

_Ques._--"Do you not recollect that Dr. McLaughlin told you that

Sir George Simpson's complaint against him was his allowing a

credit of ten thousand pounds sterling to Bishop Blanchet, of the

Catholic mission, without any security?"

_Ans._--"This is the first time I have heard of that transaction."

_Ques._--"Do you not know from what Dr. McLaughlin told you, that

he gave large credits to the Catholic Mission while in charge of

the company's business?"

_Ans._--"I do not."

In reference to the last two questions and answers, in looking over the

items of account against our government, something over this amount is

stated as an item of claim for improvements and a Catholic church

building and two schoolhouses at Vancouver, as having been made by the

Hudson's Bay Company for the Catholic missions and the benefit of the

company's business, which are still standing and in possession of the

priests and nuns of that order. This matter should be closely

investigated. We have abundance of other evidence to show the intimate

and continued connection of the Jesuit missions with the company, and we

look upon this attempt to change the responsibility of that connection

from the company to Dr. McLaughlin's individual account, as among the

basest of their transactions. The Jesuitical Catholic concern was a

child of their own, and one they are still nursing in all their vast

dominions. They made use of Dr. McLaughlin as long as they could, and

when they found he was inclined to favor the American settlement of the

country, he fell under the displeasure of his superiors and was called

to an account.

These facts explain the careful and repeated injunctions, and positive

directions given to the early missionaries not to interfere with the

Hudson's Bay Company's trade, _and by no means to encourage the

settlement of white men about their stations, compelling those white men

to become subject to, and connected with, the missions_. They also

explain the reasons for the extreme caution exercised by the company

over the supplies granted to the American missions. They invariably

limited them to the smallest possible necessity, and by this means

sought to prevent the settlement of the country. It also explains fully

the complaint of Rev. Mr. Griffin in his effort for an independent

mission, and shows conclusively the continued effort of the company to

check as much as possible the progress of the settlement, as also the

desperate effort they made in 1847 to destroy the missions and all

American settlements; and more than this, it explains the continued wars

with all the Indians who have ever been under the influence of the

company, or their _pet child, the Jesuit missions_.

The Hudson's Bay Company had no fault to find with Dr. McLaughlin,

except in his refusing to carry out their base designs upon the American

settlers and for the assistance he rendered upon his own responsibility

to the naked and starving immigrants that Grant, at Fort Hall, with the

Indians along the route, had combined to deceive and rob, while on the

way to the country. This old, white-headed man, who had served them for

forty years, _was compelled_, in maintaining his honor as a man

possessing one noble feeling of humanity, to leave their service.

What think you, kind reader, of the Hudson's Bay Company's kindness and

generosity to the American settler, when this same company held this old

faithful servant of theirs individually responsible for every dollar,

principal and profits, of the supplies his generous heart, claiming to

be humane, was induced to advance to the early settler in the hour of

his greatest need?

Will you vote and pay a tax to pay claims of such a company, when one of

the managing partners is still base enough to say, "It was a neglect of

the company's agent, after Dr. McLaughlin's decease, that they did not

present their accounts for payment to the doctor's heirs or

administrator before the year's notice was up. It was now too late, and

it was lost to the company unless they could get it allowed by the

United States government?"

We justly deprecate piracy, slavery, highway robbery, and Indian

massacres. In what light shall we hold a company and government, who

have pursued a course directly and indirectly calculated to produce all

these, and with the uplifted hand say they are entitled to pay for such

conduct?

But we must still refer to Dr. McLaughlin as representing the Hudson's

Bay Company, as we proceed with our history of events, agencies, men,

and things occurring in 1843.

Dr. Whitman is on his way back to Oregon with eight hundred and

seventy-five persons, with all their equipments and cattle. Simpson is

foiled and disappointed at Washington. Hines and Dr. White are among the

Upper Columbia Indians. Dr. McLaughlin and the French-Canadians and

priests are in commotion about the effort to organize the settlement

into a provisional government, and the influence the Americans appear to

be gaining over the Indians. Piopiomoxmox (Yellow Serpent) has returned

and reported to the Cayuses the result of his visit to Dr. McLaughlin,

and the determination of the company that, in case of a war with the

Americans, "_they would not aid the Americans_, but let them take care

of themselves." The old Indian chiefs had advised the young men to wait

and see what the future designs of the Americans were; while the Jesuits

had been careful to impress upon the savage mind their peculiar

sectarian notions and prejudices, as illustrated by the religious

instructions given by the priests to the Cayuses.

The Rev. H. K. W. Perkins called at Young Chief's (Tawatowe) lodge, and

was informed on entering, that they had not yet had their morning

prayer. The chief caused a bell to be rung, at the sound of which all

his band came together for devotion. Tawatowe then said to Mr. Perkins:

"We are Catholics, and our worship is different from yours." He then

fell upon his knees, all the rest kneeling and facing him. The chief had

a long string of beads on his neck to which was attached a brass cross.

After all were knelt, they devoutly crossed themselves, and commenced

their prayer as follows: "We are poor, we are poor," repeating it ten

times, and then closing with "Good Father, good Son, good Spirit," and

then the chief would slip a bead on the string. This was continued until

all the beads were removed from one part of the string to the other.

When this mock devotion closed, Tawatowe said: "This is the way in which

the priest taught us to worship God;" but Elijah (a boy that had been

educated at the Methodist Indian school) said that "Tawatowe and his

band prayed from the head, but we [meaning his own Wallawalla tribe]

pray from the heart."

Since writing the above, we have found in the _Missionary Herald_ of

December, 1866, page 371, a letter from Rev. C. Eells, formerly of the

Spokan Mission. In speaking of Dr. Whitman's visit to the States, he

says: "Mr. Walker and myself were decidedly opposed, and we yielded only

when it became evident that he would go, even if he became disconnected

with the mission in order to do so. According to the understanding of

the members of the mission, the single object of Dr. Whitman in

attempting to cross the continent in the winter of 1842-43, amid mighty

perils and sufferings, was to make a desperate effort to save this

country to the United States."

We are not much surprised at Mr. Eells' ignorance of influences

operating in this country. His fears and caution have made him

unreasonably timid. He is always so fearful that he will do or say

something wrong, that the saving of this country to our government, and

an attempt on the part of his associates to counteract Roman Catholic

superstitions and maintain the influence of the Protestant religion on

our western coast, are opposed by him and his equally timid associate.

He has not the frankness or courage to state the whole truth in the

case, as developed in Mr. Treat's remarks, who, after giving Mr. Eells'

letter, says: "_It was not simply an American question, however_;" it

was at the same time a Protestant question. He [Dr. Whitman] was fully

alive to the efforts which the Roman Catholics were making to gain the

mastery on the Pacific coast, and he was firmly persuaded that they were

working in the interests of the Hudson's Bay Company, with a view to

this very end. The danger from this quarter [which Messrs. Eells and

Walker could never see, or, if they did, were too timid to speak or act]

had made a profound impression upon his mind. Under date of April 1,

1847, he said: "In the autumn of 1842, I pointed out to our mission the

arrangements of the Papists to settle in our vicinity, and that it only

required that those arrangements should be completed to close our

operations."

It is in reference to the facts above quoted from Dr. Whitman's

letter--made in our presence to those timid associates--that we say they

were cowards in not speaking and acting as they should have done at that

time, and since his death.

The following letter from General A. L. Lovejoy gives further proof of

Dr. Whitman's efforts to save Oregon to his country:--

PORTLAND, OREGON, November 6, 1869.

_William H. Gray, Esq.:_

MY DEAR SIR,--Your note of the 27th ult., making inquiries touching

the journey of the late Dr. Marcus Whitman to the United States

from this coast in the winter of 1842 and '43, and his reception at

Washington, and by the American Board of Commissioners for Foreign

Missions, etc., has but just come to hand, owing to my being absent

from home.

True, I was the traveling companion of the Doctor in that arduous

and trying journey, but at this late hour it will be almost

impossible for me to give many of the thrilling scenes and

hairbreadth escapes that we went through, traveling as we did,

almost the entire route, through a hostile Indian country, as well

as suffering much from the intense cold and snows that we had to

encounter in passing over the Rocky Mountains in midwinter.

Previous to our leaving Wailatpu, I often had conversations with

the Doctor touching the prospects of this coast. The Doctor was

alive to its interests, and manifested a very warm desire to have

this country properly represented at Washington, and, after some

arrangements, we left Wailatpu, October 3, 1842, overland, for the

Eastern States.

We traveled rapidly, and reached Fort Hall in eleven days, and

remained only a day or two and made some few purchases; took a

guide and left for Fort Wintee, as the Doctor changed from a direct

route to one more southern through the Spanish country, _via_ Taos

and Santa Fe. On our way from Fort Hall to Fort Wintee we met with

terribly severe weather; the snows greatly retarded our progress,

and blinded the trail, so much so that we lost much time. After

reaching Fort Wintee and making some suitable purchases for our

trip, we took a new guide and started on our journey for Fort

Macumpagra, situate on the waters of Grand River, in the Spanish

country.

Here again our stay was very short. We simply made some few

purchases, took a new guide, and left for Taos. After being out

some four or five days, as we were passing over high table-lands,

we encountered a most terrific snow-storm, which forced us to seek

shelter at once. A deep ravine being near by, we rapidly made for

it, but the snow fell so rapidly, and the wind blew with such

violence, that it was almost impossible to reach it. After reaching

the ravine, and cutting some cotton-wood trees for our animals, we

attempted some arrangements for camp as best we could under the

circumstances, and remained snowed in for some three or four days,

when the storm subsided, and it cleared off intensely cold. It was

with much difficulty that we made our way up upon the high lands;

the snow was so deep and the wind so piercing and cold, that we

felt compelled to return to camp and wait a few days for a change

of weather.

Our next effort was more successful, and after spending several

days wandering round in the snow, without making much headway, and

greatly fatiguing our animals, to little or no purpose, our guide

informed us that the deep snows had so changed the face of the

country, that he was completely lost, and could take us no further.

This was a terrible blow to the Doctor. He was determined not to

give it up without another effort. And we at once agreed that the

Doctor should take the guide and make his way back to the fort, and

procure a new guide, and that I should remain in camp with the

animals until his return, which was on the seventh day, with a new

guide.

We were soon under way, on our route, traveling through the snows

at rather a snail's pace. Nothing occurred of much importance,

other than hard and slow traveling until we reached, as our guide

informed us, the Grand River, which was frozen, on either side,

about one-third across. The current was so very rapid, that the

center of the stream remained open, although the weather was

intensely cold.

This stream was some one hundred and fifty, or two hundred yards

wide, and looked upon by our guide as very dangerous to cross in

its present condition. But the Doctor, nothing daunted, was the

first to take the water. He mounted his horse, and the guide and

myself pushed them off the ice into the boiling, foaming stream.

Away they went completely under water--horse and all; but directly

came up, and after buffeting the waves and foaming current, he made

to the ice on the opposite side, a long way down the stream--leaped

from his horse upon the ice, and soon had his noble animal by his

side. The guide and myself forced in the pack animals; followed the

doctor's example, and were soon drying our frozen clothes by a

comfortable fire.

With our new guide, traveling slowly on, we reached Taos in about

thirty days. We suffered considerably from cold and scarcity of

provisions, and for food were compelled to use the flesh of mules,

dogs, and such other animals as came in our reach.

We remained at Taos some twelve or fifteen days, when we changed

off our animals, and made such purchases as our journey required,

and left for Bent's Fort, on the headwaters of the Arkansas River,

where we arrived about the third day of January, 1843.

The Doctor left here on the 7th, at which time we parted, and I did

not meet him again until some time in the month of July, above Fort

Laramie, on his way to Oregon with a train of emigrants.

The Doctor often expressed himself to me about the remainder of his

journey, and the manner in which he was received at Washington and

by the Board of Missions at Boston.

The Doctor had several interviews with President Tyler, Secretary

Webster, and many members of Congress, touching the interests of

Oregon. He urged the immediate termination of the treaty with Great

Britain relative to this country, and the extension of the laws of

the United States, and to provide liberal inducements to emigrants

to come to this coast.

He felt much chagrined at the lack of interest, and the great want

of knowledge concerning Oregon, and the wants of this country,

though he was very cordially and kindly received, and many seemed

anxious to obtain every information which he could give them; and I

have no doubt, the Doctor's interviews resulted greatly to the

benefit of Oregon and the entire coast.

But his reception at Boston was not so cordial. The Board censured

him for leaving his post, for the waste of time and the great

expense attending so long a journey across the continent at that

season of the year.

The Doctor returned to the frontier settlements, urging the

citizens to emigrate to the Pacific coast. After his exertions in

this behalf, he left for Independence, Missouri, and started for

Oregon with a large emigrant train some time in the month of May.

With his energy and knowledge of the country, he rendered them very

great assistance, and continued to do so, till he reached his home

about the first of October (one year from the time he left), to

find the home of his choice sadly neglected, and the flouring mill

burned to the ground.

The Indians were very hostile about the Doctor's leaving at the

time he did, and I have no doubt, that during his absence, the

thistles of his destruction--the seeds of that awful massacre of

himself, Mrs. Whitman, and many others--were then sown by those

haughty and savage Cayuses, although it did not take place till

four years afterward.

As to your fourth inquiry relative to the Cayuse war. It is a long

time since these events took place; and most of them are on record,

and have passed into the history of the country; so that I would

not like to make many statements from memory, although I was an

adjutant-general, and was also one of the commissioners to raise

means to equip the first company, which was dispatched to the

Dalles the day after the sad news of the massacre reached Oregon

City.

There being no supplies at Oregon City suitable to fit out this

company, the commissioners proceeded at once to Fort Vancouver to

procure supplies for an outfit. The Hudson's Bay Company refused to

let us have any thing on account of the government; but would on

our joint and several note, to the amount of $1,000, which was

cheerfully given, and the outfit was obtained, and the company was

pushed on to its destination, and reached the Dalles in time to

prevent further bloodshed at that place by the red devils.

Yours, with great respect,

A. L. LOVEJOY.

W. H. GRAY, Esq., Astoria, Oregon.

CHAPTER XLII.

Assembly of the Nez Perces, Cayuses, and Wallawallas.--Mock

fight.--Council with the Indians.--Speeches by Yellow Serpent,

Tilokaikt, the Prince, and Illutin.--The secret of the whole

difficulty.--John, the Kanaka.--A cow for a horse.--Killing of a

medicine woman.

We will return to Rev. Mr. Hines' narrative of his trip among the

Cayuses, May 22, 1843.

"As the Indians refused to come together unless Ellis and his men

came down to meet us, we informed them that we would go up and see

Ellis in his own country; but being suspicious that we intended to

prevent his coming down, they were much opposed to our going.

Explaining to the chiefs the object of our visit, they seemed to be

satisfied."

We have, in this short statement of Mr. Hines, an important fact. The

Cayuse Indians had been instructed what to do; they were not to be

diverted by any arrangements of the sub-agent. Notwithstanding, the

agent and Mr. Hines had learned that Ellis was coming with several

hundred warriors, they knew not for what purpose, some saying to make

war upon the Cayuses, and they had determined to prevent the meeting of

the two tribes if possible. During their absence the Cayuses all

collected not far from Dr. Whitman's, and were waiting the arrival of

the Nez Perces. On the 22d of May the Nez Perces, some six hundred

strong, with a thousand horses, arrived on the plain. Some three hundred

of the Cayuses and Wallawallas uniting formed a grand Indian cavalcade

on the plain in front of Dr. Whitman's house, when a grand display of

Indian horsemanship commenced, such as advancing in mock fantastic

fight, with discharges of blank cartridges, wheeling and running in all

directions, till the Indians had nearly worked themselves into a real

fight and a great excitement. Ellis said that he thought the Cayuses

were determined to have a fight in earnest.

Tawatowe, the _Catholic_ chief, as he approached them appeared quite

angry and disposed to quarrel. Seeing the excitement increasing, and

fearing that it might end seriously unless the attention of the Indians

could be drawn to some other subject, Mr. Spalding, who was present,

gave notice that all would repair to Dr. Whitman's house for

_tallapooso_ (worship). But Tawatowe came forward in a very boisterous

manner and inquired what we had made all this disturbance for. The

American party, followed by several hundred Indians, repaired to the

station and engaged in religious exercises, when the excitement subsided

for the night.

On May 23, the chiefs and principal men of the three tribes assembled at

the station to hear what the self-constituted United States Indian

commissioner and his secretary of state had to say.

"They were called to order by Tawatowe, who by this time had got over

his excitement, and then was placed before them the object of our visit.

They were told that much had been said about war, and we had come to

assure them that they had nothing to fear from that quarter." If Dr.

White was no more explicit in setting forth the object of this visit to

the Indians than Mr. Hines is in giving the account of it, there

certainly was room for a misunderstanding between him and the Indians.

He said "the President of the United States had not sent him [Dr. White]

to make war upon them, but to enter into arrangements with them to

regulate their intercourse with the white people. We were not there to

catch them in a trap, as a man would a beaver, but to do them good; and

if they would lay aside their former practices and prejudices, stop

their quarrels, cultivate their lands, and receive good laws, they might

become a great and happy people; that in order to do this _they must all

be united_." Exactly what the Hudson's Bay Company wished to have done

to aid them in crushing the American settlement and preventing further

American emigration to the country.

As a reason for their being united, Mr. Hines says, 178-9th pages:

"They were told they were few in comparison to the whites, and if

they were not all of one heart they would be able to accomplish

nothing. The chiefs should set the example and love each other, and

not get proud and haughty, but consider the people as their brothers

and their children, and labor to do them good, that the people

should be obedient, and in their morning and evening prayers they

should remember their chiefs.

"Ellis remarked that it would not be proper for the Nez Perce chiefs

to speak until the Cayuse people should receive the laws. The Cayuse

chiefs replied: 'If you want us to receive the laws, bring them

forward and let us see them, as we can not take them unless we know

what they are.'

"A speech was then delivered to the young men to impress them

favorably with regard to the laws. They were told that they would

soon take the places of the old men, and they should be willing to

act for the good of the people; that they should not go here and

there and spread false reports about war; and that this had been

the cause of all the difficulty and excitement that had prevailed

among them during the past winter."

With the information which Mr. Hines has already given us in the first

part of his ninth chapter, we would suppose he would avoid this

apparently incorrect statement to the Indians of the cause of the

difficulties then existing. He and Dr. White appear to have acted under

the same influence with Dr. McLaughlin, and to have carried all their

acts and counsels to the one object, which was to combine the Indians,

and divide and destroy the settlement. He tells us, in continuation of

the proceedings of this council, that "the laws were then read, first in

English, and then in Nez Perce."

"Yellow Serpent then rose and said: 'I have a message to you. Where

are these laws from? I would that you might say they were from God.

But I think they are from the earth, because, from what I know of

white men [a term claimed by Brouillet as belonging to the Hudson's

Bay Company and Frenchmen], they do not honor these laws.' In answer

to this, the people were informed that the laws were recognized by

God, and imposed on men in all civilized countries. Yellow Serpent

was pleased with the explanation, and said that it was according to

the instructions he had received from others, and he was glad to

learn that it was so, because many of his people had been angry with

him when he had whipped them for crime, and had told him that God

would send him to hell for it, and he was glad to know that it was

pleasing to God.

"Tilokaikt, a Cayuse chief, rose and said: 'What do you read the

laws for before we take them? We do not take the laws because

Tawatowe says so. He is a _Catholic_, and as a people we do not

follow his worship.' Dr. White replied that this did not make any

difference about the law; that the people in the States had

different modes of worship, yet all had one law.

"A chief, called the Prince, arose and said: 'I understand you gave

us liberty to examine every law,--all the words and lines,--and as

questions are asked about it, we should get a better understanding

of it. The people of this country have but one mind about it. I have

something to say, but perhaps the people will dispute me. As a body,

we have not had an opportunity to consult, therefore you come to us

as in a wind, and speak to us as to the air, as we have no point,

and we can not speak because we have no point before us. The

business before us is whole like a body; we have not dissected it.

And perhaps you will say it is out of place for me to speak, because

I am not a great chief. Once I had influence, but now I have but

little.'"

This was one of the principal chiefs of the tribe that assisted in

taking Fort Wallawalla and tying Mr. Pambrun to compel him to give more

goods for horses and furs. "He was about to sit down, but was told to go

on. He then said: 'When the whites first came among us, we had no

cattle; they have given us none; what we have now got we have obtained

by an exchange of property. A long time ago Lewis and Clarke came to

this country, and I want to know what they said about us. Did they say

they found friends or enemies here?' Being told that they spoke well of

the Indians, the Prince said: 'That is a reason why the whites should

unite with us, and all become one people. Those who have been here

before you have left us no memorial of their kindness, by giving us

presents. We speak by way of favor; if you have any benefit to bestow,

we will then speak more freely. One thing that we can speak about is

cattle, and the reason why we can not speak out now is because we have

not the thing before us. My people are poor and blind, and we must have

something tangible. Other chiefs have bewildered me since they came; yet

I am from an honorable stock. Promises which have been made to me and my

fathers have not been fulfilled, and I am made miserable; but it will

not answer for me to speak out, for my people do not consider me as

their chief.' [This was just what Mr. Pambrun, of the Hudson's Bay

Company, had done to this Indian chief to break his power and destroy

his influence with his tribe and his people. But let us hear him

through.] 'One thing more; you have reminded me of what was promised me

some time ago, and I am inclined to follow on and see, though I have

been giving my beaver to the whites and have received many promises, and

have always been disappointed; I want to know what you are going to do?'

"Illutin, or Big Belly, then arose and said that the old men were

wearied with the wickedness of the young men; that if he was alone he

could say 'Yes' at once to the laws, and that the reason why the young

men did not feel as he felt, was because they had stolen property in

their hands, and the laws condemned stealing. But he assured them that

the laws were calculated to do them good and not evil.

"But this did not satisfy the Prince. He desired that the good which it

was proposed to do them by adopting the laws might be put in a tangible

form before them.

"He said that it had been a long time since the country had been

discovered by whites, and that ever since that time people had been

coming along promising to do them good; but they had all passed by and

left no blessing behind them."

This chief said that "the Hudson's Bay Company had persuaded them to

continue with them, and not go after the Americans; that if the

Americans designed to do them good, why did they not bring goods with

them to leave with the Indians? that they were fools to listen to what

_Suapies_ (Americans) had to say; that they would only talk, but the

company would _both talk and give them presents_."

This Indian, as his speech shows, was shrewd, and thought he was certain

to obtain his object, either from the Hudson's Bay Company or the

Americans. He had been humbled by the company, and an offer to buy him

back had been made. He bid for a higher price with the Americans. In

doing so, he naturally exposed the secret influence of the company,

which is given in this book of Mr. Hines', as a matter of course, and he

passes along without note or comment upon what he saw, and heard.

"In reply to the last Indian speech, Dr. White told the Indians that he

did not come to them as a missionary or as a trader."

To Ellis and Lawyer, who called on them in the evening to have a talk,

"they said they expected pay for being chiefs, and wanted to know how

much salary Dr. White was going to give them. Ellis said he had counted

the months he had been in office, and thought that enough was due him to

make him rich. They left at a late hour without receiving any

satisfaction. In the council, efforts were made to induce the Nez Perces

to unite under one chief in the fall of 1842. Thomas McKay had promised

these chiefs large salaries and many presents that Dr. White and his

government would give them as an inducement to form a union, knowing

that White had not the ability or means to make good his promises to

them, and in this way any influence as an agent of the American

government he might have would be lost in this tribe.

"Ellis was a Hudson's Bay Indian, educated at the Red River settlement.

They left this private interview with White without any satisfaction,

showing that the policy of the company was producing its legitimate

effect upon Ellis's mind. The Lawyer, however, understood the matter in

its true light. He explained to us the whole transaction, and the

promises of McKay from the company. He thought Dr. White was foolish to

let McKay talk so much for him and the American government.

"Some hundreds again assembled the next day (May 24) to renew the

business relative to laws; but the first thing investigated was the

shooting of John, the Kanaka, by the Indian. John had gone to a lodge

the day before, and in a dispute in a trade he had dared the Indian to

shoot him. The Indian had seized his gun and fired it at John's head,

making considerable of a hole in the scalp, but none in the skull. The

Indian fled, but was brought back and found guilty and kept till the

laws were adopted for sentence and punishment, and finally punished with

forty lashes on the bare back.

"The Indians continued to speak in reference to the laws. Their speeches

were grave, energetic, mighty, and eloquent, and generally in favor of

receiving the laws. After all had spoken it was signified that they were

ready to vote whether they would take the laws or not, and the vote was

unanimous in the affirmative. Having adopted the laws, it was now

necessary to elect their chief, according to the provisions of the laws,

and Tawatowe was nominated to the highest chieftainship. Some were

opposed; a majority were in favor, and while the question was pending

[this Indian had not consulted his priest, or he would have declined at

once on this first proposition to elect him chief], Tawatowe arose and

said, 'My friends, I rise to speak to you, and I want you all to

listen.' He then adverted to his past history, and told them how much he

had suffered in consequence of their divisions and quarrels. Tawatowe

joined his influence with the Prince to get more pay from the Hudson's

Bay Company for horses and furs, hence his tribe were encouraged to

quarrel with and disrespect him. When we first arrived in the country he

was seldom invited to the fort, and received no presents from the

company. He inquired of his people if they would lay aside all their

past difficulties and come up and support him if he would accept of the

chieftainship.

"It was now time to close for the day, and the vote being put, Tawatowe

was declared duly elected to the high chieftainship of the Cayuse tribe.

"Dr. White bought of Mrs. Whitman a fat ox and presented it to the

Indians. Mrs. W. gave them a fat hog, which they butchered and feasted

upon at night.

"May 25.--A number of the chiefs came early in the morning at Mr. Hines'

request, to settle a difficulty concerning some horses which they gave

to Rev. Jason Lee when he first came to Oregon in 1834, Mr. Lee having

requested Mr. Hines to come to some arrangement with them if possible.

After a long talk we succeeded in settling with them by proposing to

give them a cow for each horse that they had given to Mr. Lee. We found

that the Indians always expected to be well paid for a present."

The Jesuit missionaries and the Hudson's Bay Company had represented to

the Indians that Mr. Lee's receiving their horses and not making them

any presents was the same as stealing from them, and in this way the

American missionary was regarded as having stolen the Indians' horses.

In the conversations and talks the Indians had with Dr. Whitman about

the land the mission occupied, the horses given to Mr. Lee were

generally mentioned. Dr. Whitman was anxious that some arrangement

should be made to settle that matter as soon as he learned the facts in

the case. The Indians, as per arrangement with Mr. Hines, did receive a

cow for each horse given, and thus the matter was satisfactorily

settled.

The Indians having again assembled, Tawatowe came forward and said that

he had made up his mind that he could not accept of the chieftainship,

in consequence of the _difference of his religion_ from that of most of

his people.

Here is Jesuitism and Hudson's Bay, combined with ignorance and

religious bigotry, and shows the influence then operating upon the

savage mind. This Indian declared a reason why he could not accept the

chieftainship, which, four years later, would have fixed at once a crime

upon that sect, without a shadow of doubt in their favor. As it was, the

plan was deeper, and a Protestant Indian, or one that favored the

Protestant cause and American missions, a younger brother of Tawatowe is

selected. Tawatowe resigned, and his brother Five Crows is elected the

American head chief of the Cayuse tribe, with the approval of the

sub-agent of the United States. Bear these facts in mind as we proceed,

that you may fully understand the deep-laid plots of the foreign

influence then operating in the country to secure the whole or a large

portion of it for themselves and their own government.

In connection with this we will give one other incident as related by

Mr. Hines on his tour among the Indians; to show the shrewdness, as also

the long premeditated baseness of the Hudson's Bay Company in their

efforts to get rid of all American missionaries and settlers, and to

bring on a war with the Indians. Mr. Hines and party returned to the

Dalles, and from there Mr. Hines embarked on one of the Hudson's Bay

Company's boats with Mr. Ogden for Vancouver. A short distance below the

Dalles they were driven ashore by a wind storm. While there, Mr. Ogden

told the following story of the killing of a medicine woman, or

doctress:--

"Mr. Ogden related some of his wonderful adventures among the

Indians, with whom he had resided more than thirty years. He was an

eye-witness to a remarkable circumstance that transpired at the

Dalles during one of his voyages up the Columbia.

"He arrived at the Dalles on the Sabbath day, and seeing a

congregation of some three hundred Indians assembled not far from

the river, he drew near to ascertain the cause, and found the Rev.

H. K. W. Perkins dispensing to them the word of reconciliation

through a crucified Redeemer. There was in the outskirts of the

congregation an Indian woman who had been for many years a doctress

in the tribe, and who had just expended all her skill upon a

patient, the only son of a man whose wigwam was not far distant, and

for whose recovery she had become responsible by consenting to

become his physician. All her efforts to remove the disease were

unavailing; the father was doomed to see his son expire. Believing

that the doctress had the power of preserving life or inflicting

death according to her will, and that instead of curing she had

killed his boy, he resolved upon the most summary revenge. Leaving

his dead son in the lodge, he broke into the congregation with a

large butcher-knife in his hand, and, rushing upon the now terrified

doctress, seized her by the hair, and with one blow across her

throat laid her dead at his feet."

This story is a very plausible one, as much so as the one Mr. Hines

tells us on the 110th page of his book, about Smith, Sublet, and

Dripse's partner. There is an object in telling this story at this time

to Mr. Hines, as much so as there was in a letter written by James

Douglas, Esq., to S. N. Castle, Esq., and published in the March number

of the _Friend_, at Honolulu, Sandwich Islands, which we will give in

due time.

The reader will observe in these sketches that our effort has been to

speak of all the principal events and prominent and prospective

influences in our early history, as in the year in which they occurred.

In attending to other duties we have not been able to keep as close to

dates and chronological order as we could wish; still, with patience and

perseverance we can restore the "lost history" of our early settlement

upon this coast, so that the future historian can have the material

before him for an interesting chapter in the history of our country.

We have, in addition to personal and public duties, to wade through an

immense amount of what is called Oregon history, to gather up dates and

events that have been given to the public at different times, without

order, or apparent object, only to write a book on Oregon. We have no

hesitancy in saying that Rev. G. Hines has given to the public the

fullest and best book, and yet there is but a single chapter that is

useful to the historian.

Rev. Samuel Parker has many scientific and useful statements and

observations, but all come in before our civil history began to develop

itself.

CHAPTER XLIII.

The Legislative Committee of nine.--Hon. Robert Moore,

chairman.--Description of the members.--Minutes of their

proceedings.--Dr. R. Newell, his character.--Two specimens of his

speeches.--The dark clouds.

In 1843 the people of Oregon showed signs of life, and sprang into

existence as an American Territory with their provisional government,

which we have allowed to be silently forming in the Wallamet Valley,

while we have traced the operations of the Hudson's Bay Company, and Dr.

Whitman to Washington; and also Dr. White and Mr. Hines among the

Indians, all over the country. This will enable the reader to understand

the strong influences operating against the American settlement; and if

he will go with us, we will introduce him to the first Legislative

Committee of nine, and tell him just what we know of their proceedings

all through their deliberations.

The record shows no instruction from the settlers, as to when or where

the committee should meet to prepare the laws, to report at Champoeg,

only, that they were limited to six days, and to be allowed $1.25 per

day, and that the money be raised by subscription. Every member at once

subscribed to the full amount of his own per diem pay, and in addition

to this, Mr. Alanson Beers, Rev. J. L. Parish, and Dr. Babcock

subscribed the full amount of the board of the whole nine, and the

Methodist Mission furnished without charge the use of their granary at

the old mission, as the first council chamber on this western coast. The

building was a frame some sixteen by thirty feet, one and a half stories

high, boards upright, with one square room in front, and the balance

used for a granary, from which it derived its name; the upper part was

for storing and sleeping use. The square room was used for schoolhouse

and church, and now, for a legislative hall.

We will enter this hall and introduce you to an old gray-headed man with

a fair complexion, bald head, light eye, full face, frequent spasmodic

nodding forward of the head, and a large amount of self-importance, not

very large intellectual developments, with a superabundance of flesh,

sitting by a square-legged table or stand, in a chair with square posts,

and strips of rawhide for bottom; dressed in fustian pants, large blue

vest, and striped shirt, and a common brown coat, who, on motion of Mr.

Hill, was chosen Speaker of the House, and hereafter will be known in

our history as Hon. Robert Moore, Esq.

The first difficulty the committee found was to organize a government

without an executive. They could organize a legislative body, and

appoint all the committees and officers and draft all the laws

necessary, but the folly and absurdity of the effort without an

executive, was so apparent, that the first thing decided upon, was,

Shall we have an executive head, called a governor, or a committee with

executive powers! This was a difficult question, under all the votings

and the discussions that had taken place. The committee were fully aware

of all the opposition they must contend with. The judgeship had passed

by vote of the people at Champoeg from a member of the Methodist Mission

to Mr. A. E. Wilson, an intelligent, unassuming, and excellent young

man, who came to the country in the employ of Mr. Cushing, and had

become a settler.

The committee were well assured that they could eventually secure the

Methodist Mission influence, yet at this time it was extremely doubtful,

and they feared that it would, as in the previous effort of 1841, go

against them, with that of the Catholic Mission and the Hudson's Bay

Company. An executive committee consisting of three men would form a

council that could act in any emergency, and at the same time enable the

Methodist Mission to be represented by one of their members in the

Executive Council.

Alanson Beers was a good, honest, faithful, and intelligent Christian

man, acting with heart and soul with the interests of the settlement and

the American cause. The settlers could rely upon him.

David Hill was a resident of Hillsborough, Tualatin Plains, and was

known to be decidedly opposed to the company, and not any too favorable

to the Catholic and Methodist missions. He could be relied upon so far

as the outside settlers were concerned, and Robert Newell could

represent the Rocky Mountain men and such of the Canadian-French

Hudson's Bay Company, and Roman Catholics as were disposed to join our

organization. It was in consequence of his contending so strongly for

the Hudson's Bay Company's rights, interests, and privileges, at

Champoeg, on the 5th of July, that he was dropped, and Joseph Gale (who

was one of the Ewing Young party to bring cattle from California to the

Wallamet settlement) elected in his place.

With the understanding as above indicated, the Legislative Committee,

consisting of Hon. Robert Moore, David Hill, Robert Shortess, Alanson

Beers, W. H. Gray, Thomas J. Hubbard, James A. O'Neil, Robert Newell,

and William Dougherty, with the uplifted hand solemnly declared before

God that they would faithfully perform the duties assigned them by the

people of this settlement, at Champoeg, on the 2d day of May, A.D.

1843, so far as they understood the duties thus assigned them. W. H.

Gray then by request administered an oath to the Speaker elect, that he

would faithfully and impartially discharge the duties of his office as

presiding officer of the present appointed Legislative Committee of the

people of Oregon, so help you God; to which Beers said, Amen. The

question arose as to the appointment of a clerk for the committee, when

the members agreed, if necessary, to pay his expenses per diem, if no

other means were provided.

George W. Le Breton, a young man of active mind, ready with the pen,

useful and agreeable, and practical in his conversation, having come to

the country as an adventurer in a vessel with Captain Couch, was chosen

secretary and duly qualified by the Speaker. The records of the

proceedings, as published, seem to have left out the preliminary part of

this Legislative Committee's proceedings. This is owing to the fact that

the compiler had no personal knowledge of them, and perhaps sought

information from those as ignorant of the facts as himself; hence the

meager and unsatisfactory document given to the country. Most, or all of

the proceedings thus far mentioned were with closed doors, as will be

seen by the record published. It was not deemed important by Messrs.

Newell, O'Neil, and Hubbard, to have any record of our daily

proceedings, only the result or report. Messrs. Shortess, Beers, Gray,

Dougherty, and Hill thought it best to keep a record, which was

commenced.

"WALLAMET, May 15, 1843.--The Legislative Committee met, and after

the preliminary discussions above alluded to, came to order by

electing Robert Moore, Esq., chairman, and G. W. Le Breton,

secretary.

"On motion of W. H. Gray, a committee of three was appointed by the

chairman to prepare rules and business for the house. This committee

(Messrs. Gray, Shortess, and Newell), at once, in a hasty manner,

prepared eight rules, and suggested the business proposed for the

committee as a whole to perform. The rules were taken up and adopted

with scarcely a single objection. Up to this time no one except

members of the committee had been allowed a place in the house as

spectators.

"On motion, it was decided that the committee sit with open doors.

O'Neil, Hubbard, and Dougherty favored the closed-door sessions, as

they did not want to expose their ignorance of making laws. Newell

thought we had better make as little display as possible, for it

would all be known, and we might be ashamed of what we had done.

"Shortess, Hill, Gray, and Beers were willing that all our efforts

to make laws for ourselves should be fully known, and were ready to

receive instructions and advice from any source. The deliberations

of the committee, they were confident, would not prevent opposition

or aid the opposers of our proposed organization.

"On motion, a judiciary committee was appointed by the Speaker or

chairman, consisting of Messrs. Beers, Hubbard, and Shortess.

"On motion, a committee of ways and means was appointed, consisting

of Messrs. Shortess, O'Neil, and Dougherty."

The minutes at this stage show that there was a doubt as to the

disposition of the Speaker, Mr. Moore, to place the best men as chairmen

of the several committees. Mr. Moore had peculiar notions of his own

about land claims, and had placed upon the committee, I think, Robert

Newell, as favoring his and Dr. McLaughlin's pretensions to the entire

water privileges at Wallamet Falls, which resulted in the appointment as

above stated. The record seems to convey the idea that the first

appointment was conferred by vote. This was not the case. It was the

final action that was repeated and entered.

"On motion, a committee, consisting of Hubbard, Newell, and Gray,

was appointed on military affairs."

We have not the original documents to refer to, but are of the

impression that considerable correction was made in the first day's

journal, and that more should have been made at the time. There was a

little feeling on the part of the Speaker and the writer as to the

necessity of an extended minute, and a disposition on the part of Mr. Le

Breton to do as little writing as possible, not for want of time and

material, but, from the deep interest he took in the discussions, he

seemed to forget his work. I am not prepared to think the compiler has

abridged the minutes, yet such may be the fact.

"On motion, Messrs. Shortess, Dougherty, and Hill were appointed a

committee on private land claims.

"On motion, Messrs. Gray, Dougherty, and Beers were appointed a

committee on districting the Territory into not to exceed five

districts."

This committee, it seems by the motion, was to be appointed by the

chairman or Speaker.

"Adjourned to 8 o'clock, A.M., May 17, 1843.

"The house was called to order by the chairman, and Mr. Gray

appointed secretary, _pro tem._ The session was then opened with

prayer by A. Beers. The minutes of yesterday's session were then

read, corrected, and accepted."

The house then adjourned for one hour and a half to prepare business, at

the expiration of which time they were called to order by the chairman.

The judiciary committee reported progress. The military committee

reported in part; also committee on districts.

"Reports accepted.

"It was moved that there be a standing committee on finance, which

was lost, as the vote at Champoeg had directed that the finance of

the government should be by subscription and voluntary contribution.

"Adjourned to 1.30 P.M.

"House called to order by Speaker.

"On motion, house went into committee of the whole upon reports of

committees, Gray in the chair. It was soon found that the business

before the committee of the whole was not in a shape to be properly

acted upon, and that by an open and informal meeting of the members,

it could be brought into shape for action, or rather that the

several members of the different committees had not had a full

expression upon the reports that were before them, and these

expressions could be shortened by separate committee consultation

and agreement among the members of the several committees; hence an

adjournment of one hour was agreed upon.

"At the close of the hour the house met and agreed, went into

committee of the whole as to the number of districts. The report of

the committee accepted, as amended in committee of the whole."

The question arises here why did not this committee on districts, and

the whole Legislative Committee, specify all north of the Columbia

River?

It will be remembered that the Hudson's Bay Company, with all the

influence and votes they, with the priests, could collect, had met the

settlers at Champoeg on the 2d of May previous, and opposed the entire

organization; and the French priest had sent to the Legislative

Committee a protest against any organization; at least the districting

committee was aware that such would be the case, as the protest already

given was in the hands of Le Breton, the secretary of the committee, and

of the whole house. In specifying the districts beyond the limits named,

or north of the Columbia, the additional votes and personal influence of

the company would be thrown against us. The district committee contended

that that influence and vote would defeat us, and make us an English or

Hudson's Bay Company settlement. We could, without the interference of

the company, manage our own affairs with such of the French settlers as

chose to remain and vote with us. Such as did not like our laws could

have a place to which they could continue their allegiance. Besides, we

were confident we should receive a large immigration in the fall, and in

that case we could extend our settlements and districts and laws to that

section of the country.

Another prominent, and perhaps the most prominent reason of all was, we

were afraid to attempt to enforce any laws we might wish to adopt, or

think necessary among ourselves, upon the servants of the company. We

did not acknowledge their right to enforce any English laws over us, and

we, as the writer thought then, and still thinks, wisely concluded if

they would not openly interfere with us, we would not openly interfere

with them, till we were strong enough to outnumber and control them, as

will hereafter be clearly demonstrated.

The journal of the proceedings of that committee shows that there were

frequent short adjournments. These moments were all occupied in

discussing and agreeing upon some report that was soon to be acted upon,

and in coming to a unanimous vote as to the final result; there was but

one thought and but one object with the majority of the members of the

Legislative Committee.

That thought and object was, to establish the provisional government

they had undertaken to organize. They felt that union in their action

was absolutely necessary, as the opposing elements were so strong, that

without it we must fail, and subject ourselves and the settlement to the

worst possible tyranny and humiliation from Dr. White and the Hudson's

Bay Company.

After the second recess, during the second day, the report of the

military committee was before the house and instructions asked. Newell

was opposed to any military arrangements at all. Hubbard was undecided.

Gray insisted on carrying out the instructions and ideas of the meeting

of the 2d of May in regard to military officers that had been appointed

at that meeting, and in preparing rules to govern them in organizing and

drilling the men. He was unwilling to leave the military power without

any responsibility to any one but themselves; hence instruction was

asked, and given, to proceed as indicated in the meeting at Champoeg,

and prepare a military law, to be included in the articles of organic

compact.

"May 18, 1843.--House met pursuant to adjournment. Session was

opened by prayer. Minutes of yesterday's session read, corrected,

and accepted.

"Robert Newell moved, and was seconded, that a committee be

appointed to prepare a paper for the signature of all persons

wishing an organization."

The reader is already informed of the appearance of the French protest,

and that it was in the possession of Le Breton. It is possible that

Newell may have received it from the French priest. The writer has never

been able to learn the exact facts in the case. At all events Newell's

resolution shows, that however willing and ready he was to commence the

organization of an American government with his _adopted_ countrymen, he

is now in doubt as to the propriety of the step he, with others, had

undertaken.

He presents a resolution to get up a committee to prepare a paper to

circulate among the people, to find out who were in favor of the

organization we were then attempting to bring into shape, under the

instructions already received.

Perhaps the reader will understand Mr. Newell better if he is more fully

informed as to his real genealogy, as there has always been a little

doubt whether he belonged to the American or British nation. From the

best information we could get about him, he was formerly from

Cincinnati, Ohio, and the Rocky Mountains. From the earliest history we

have of him, he has claimed to be an American, and represented the

interests of a foreign monopoly, under a religious belief that he was

conscientiously right in so doing. By keeping himself talking strong

American sentiments to Americans, and acting strongly anti-American

while in the mountains and in the settlement, he succeeded in obtaining

and holding positions to benefit the trade of the Hudson's Bay Company;

also a place in the Legislative Committee, and in the settler's

government, to shield and protect those who were seeking the destruction

of all American trade and influence in the country. He was a man of

quite ordinary ability, yet smooth and insinuating in his manners, with

a great abundance of plausible stories, to make a stranger believe he

was learned in a profession. His real sentiments could never be learned

except by his vote; his thoughts only read by his acts, which always

tended to complicate and confuse legislation. This probably arose from a

disposition to seek popularity and places he was incompetent to fill;

as, also, from the title he assumed in early life, it naturally made him

a hypocrite in action as well as profession. He had not the moral

principle requisite to make known the truth, and to assume his proper

position and be regarded as a plain man without a title. As plain Bob

Newell he could be respected for his natural and genial talent. As _Dr._

Newell he assumes an air to correspond with the title, and shows the

hypocrisy of his life. He was at this time, and has continued to be, a

faithful representative of the Hudson's Bay Company and Jesuit interests

in the country, for which service they should enter his name upon their

calendar of saints. As a public man, we are not aware that he ever

originated a single act or law; but as representing a clique, or the

interests of his masters, he has always been ready to do his utmost in

every possible way. At the time we were called to vote upon Mr. Newell's

first resolution, his position was fully known to but few, yet enough

was understood of his duplicity to reject his proposition at once, and

the house proceeded to amend its rules and add a ninth to those already

adopted.

The report of the military committee was recommitted with instructions

for further notion. Mr. Hubbard was considerably under the influence of

Newell, and in consequence of this fact the military rules or laws were

remodeled in committee of the whole. Newell and Hubbard were disposed to

defeat it altogether as unnecessary, as intimated in the tenth

proposition in the French priest's address. In fact, Mr. Newell acted

all through the proceedings of the Legislative Committee upon the ideas

contained in that address, and opposed all measures looking beyond the

suggestions contained in it.

At this point, the judiciary committee, consisting of Beers, Hubbard,

and Shortess, reported in part on the executive power, and opened the

eyes of Dr. Newell to the awful responsibility and to a full realization

of the fact that a majority of the committee were in favor of an

organization, and a real, actual American government. He took the floor

and commenced: "Wall, reelly now, Mr. Chairman, this 'ere report is a

stumper, I see from the report of this 'ere committee that you are going

on a little too fast. I think you had better find out if we can carry

this thing through before we go too far. We have a good many people that

don't know what we are about, and I think we had better adjourn before

we go too far."

In the midst of this speech, which was a repetition of the reasons for

getting up the paper to find out who were favorable to our proposed

government, the house was so uncourteous as to adjourn and leave the

balance of Dr. Newell's speech unrepeated. Suffice it to say, that in

those short adjournments as noted in the Oregon archives, nearly or

quite all the little differences of opinion were quickly explained and

understood by a majority of the members. The exact subjects that were

before them at the several meetings we have no documents to indicate,

and we can only be governed by such documents as we have, to wit, the

record and our own memory.

Newell was the only prominent opposer of the report of the judiciary

committee, which was prepared by Robert Shortess, to whose memory we are

indebted for a remarkable speech of Hon. Mr. Robert Newell on that

occasion. Mr. Shortess says the discussion was on the question of who

should be deemed voters. Most of the committee were in favor of

universal suffrage, and, as Dr. Newell had a native wife, naturally

supposed he would be quite as liberal as those who had full white

families; but the doctor gave us one of his "stumpers," or, as he calls

it, "_big fir-tree speeches_," by saying: "Wall, now, Mr. Speaker, I

think we have got quite high enough among the _dark clouds_; I do not

believe we ought to go any higher. It is well enough to admit the

English, the French, the Spanish, and the half-breeds, but the Indian

and the negro is a little too dark for me. I think we had better stop at

the half-breeds. I am in favor of limiting the right to vote to them,

and going no further into the dark clouds to admit the negro."

We confess that till Mr. Shortess reminded us of this speech, and the

manner of its delivery, it had escaped our memory, and that, without it,

Mr. Newell could scarcely receive his proper position in the history of

our early struggle for American liberty upon this coast. His position

and the patronage he received from the Hudson's Bay Company were

sufficient for him to work effectually in their interests through all

our struggle.

"At the evening session of May 18, the committee on ways and means

were instructed to prepare a subscription for presenting at the

general meeting, to procure funds to defray the expenses of the

government, after spending a short time in committee of the whole.

"Adjourned till next day.

"May 19, 1843.--House met pursuant to adjournment. Opened with

prayer. Moved that the minutes of the 18th be accepted. Taking the

whole subject of the organization into consideration, Gray presented

the following resolution that a committee of three be appointed to

prepare and arrange all the business that has been done, or may be

done hereafter at this session, revising statutes of Iowa, etc.,

report at the next session of the committee, and request the clerk

to copy the same.

"Resolution adopted.

"Messrs. Gray, Beers, and O'Neil were appointed; these three living

within fifteen miles of each other, it was thought could meet and

superintend and revise the whole proceedings, and get them in shape

for the public meeting.

"Committee of ways and means reported a subscription, which was

accepted, and the military committee reported in part, which was

accepted.

"Adjourned to 2 P.M.

"At 2 P.M. house met. The judiciary committee reported in full.

Report accepted."

On the 20th page of the archives, and in reference to the proviso in the

fourth article of the organic law, the record does not give us the fact.

The proviso referred to was prepared but not included in the original

act, as reported and read at Champoeg, but was adopted at Champoeg. The

report was duly referred to the revising committee, and the proviso left

in the hands of Le Breton to be withheld or presented, as the occasion

might require, in the final action of the people. The large pretensions

to lands by the Methodist and Catholic missions were fully understood by

the entire committee. They wished to curtail them as much as possible,

and were fully aware that any direct action to this end would bring the

whole influence of both missions against them.

CHAPTER XLIV.

Fourth of July, 1843.--Oration by Mr. Hines.--Meeting of July

5.--Debate on the land law.--How the Jesuits and the Hudson's Bay

Company secured their land claims.--Speech of the Rev. G. Hines

against the proposed Executive Committee.--The committee supported

by O'Neil, Shortess, and Lee.--W. H. Gray closes the debate.--The

report of the committee adopted.--Committee appointed to report to

Congress, another to make a Digest of Territorial laws, and a third

to prepare and administer an oath of office.

On the 4th of July our national anniversary was observed, and an oration

was delivered by the Rev. G. Hines. The committee favored the selection

of Mr. Hines as orator, that they might gain his views, and be ready to

meet him on the main questions that would be brought up on the fifth. In

this, however, we failed, as he dwelt principally upon the subjects of

temperance, the glorious deeds of our forefathers on the other side of

the Rocky Mountains, and the influences and blessings of the day. No

Englishman, or foreigner, could have taken any exceptions to his

sentiments or language. On the 5th, Dr. Babcock, chairman of the meeting

of May 2, being absent, the meeting was called to order by G. W. Le

Breton, one of the secretaries of the May meeting. On motion, the Rev.

Gustavus Hines was elected president of the convention by acclamation.

R. Moore, Esq., chairman of the Legislative Committee, presented his

report, which was read by Secretary Le Breton, and on motion accepted.

Rev. L. H. Judson moved that the report of the committee on ways and

means be accepted. This motion brought the land law up for discussion.

The Legislative Committee as a whole reported that law entire, to the

proviso in the fourth article. Upon the first part of that article a

discussion arose between Mr. Newell and the members of the Methodist

Mission, as to the right of any single individual to hold a claim of 640

acres upon a city or town site, or extensive water privilege. Mr. Moore

agreed with Mr. Newell on that question, as he claimed one side of the

Wallamet River at the falls, and Dr. McLaughlin the other. The

Methodist Mission also claimed a right to the east side of the Wallamet,

and the Milling Company claimed the island, upon which they were

erecting mills. Mr. Newell opposed the fourth article, to favor Dr.

McLaughlin; the Methodist Mission and Milling Company favored the

article on the ground that it secured them in their rights, and

prevented a monopoly of that water-power by any single individual. Rev.

Jason Lee was anxious to secure the rights and claims of the Methodist

Mission. So far as the water privilege and town sites were concerned,

there were no fears on the part of the committee, but in reference to

the large claims of the Methodist Mission, there were fears that Mr. Lee

and Mr. Hines would oppose our whole effort, and combine the influence

of their mission against the organization. To satisfy Rev. Jason Lee, Le

Breton presented the proviso as contained in the fourth article, which

removed his objection. The committee were well assured that the Jesuit

missions would claim the same right to land, and in this way, the one

mission would be induced to give up to curtail the other. This occurred

as anticipated, only the Methodist Mission held on to their claims, and

attempted to maintain them publicly, while the Jesuits did the same

thing silently, and by having their lands recorded in the supposed names

of their members, or priests, the same as the Hudson's Bay Company

recorded all their improvements and forts in the names of their

different servants, so as to hold them for the company; the company and

the Jesuits having, as they supposed, secured their own claims to land

in the name of their respective servants, joined with the new

immigrants, in condemning the large pretensions of the Methodist

Mission, and in this way prejudiced the minds of the settlers against it

for doing, openly, just what they had done in the names of their

servants, secretly.

On the final vote there were but few dissenting voices, except upon the

adoption of the proviso. It may be asked why the land law was brought up

first. The minutes as recorded on the twenty-third and twenty-fourth

pages of the Oregon archives, show that Mr. Judson moved the adoption of

the report of the committee on ways and means. This was all the minute

that was made, as the business and discussion progressed. The report on

the land law was deemed, by the committee, to be of the first

importance, as all were personally interested in the law about land

claims; and upon the discussion of that report, they could learn the

result of the whole effort, and the feelings of the people as to the

permanence of the proposed government. The notice of the report of the

committee on ways and means, on page 24, and of the proviso, is entered,

to show that the amendments alluded to were made. We are of the opinion,

that had Mr. Le Breton lived to copy those minutes, he would have so

changed them. He says such amendment and proviso were adopted. To this

fact we have affirmed under oath as being a part of the provisional law

adopted at that meeting. This brings us to the first clause of the

organic law, as adopted by the people in mass convention.

The preamble and first article were adopted on motion of Joseph

McLaughlin, the second son of Dr. John McLaughlin, who took an active

part in favoring the organization, against the wishes and influence of

his family.

The second article was read, and, on motion of L. H. Judson, was

adopted.

The third, on motion of C. McRoy, and the fourth, on motion of Joseph

Holman, were also adopted.

On motion to adopt the fifth article, "on the executive power," it was

plain to be seen that the Rev. Mr. Hines was swelling and becoming

uneasy, in proportion as the Rev. Jason Lee appeared to be satisfied

with the proceedings. He hesitated to put the motion, called Robert

Moore, the chairman of the Legislative Committee, to the chair, and

commenced:--

"Mr. President, gentlemen, and fellow-citizens,--The Legislative

Committee which you appointed to prepare certain laws, and perform a

certain duty, have assumed to present for your approval something

they had no right, in all the instructions given them, to present.

They have commenced a course which, if not checked, will lead to the

worst possible form of despotism. Grant them the privilege which

they now ask, of imposing upon this settlement, upon you and me and

our families, this _hydra-headed monster_ in the shape of an

Executive Committee, and we have but the repetition of the Roman

Triumvirate--the Caesars upon the throne. We may be told by them, in

excuse for the violation of plain and positive instructions, that

they found it difficult to proceed with the organizing of a

temporary government without an executive; and here they have

brought before you this _monstrosity_--this _black bear_--this

_hydra-headed monster_, in the shape of an Executive Committee; and

ask you to adopt it, as necessary to preserve your civil liberties

and rights.

"Gentlemen and fellow-citizens,--You have but to look to past

history, to warn you of the dangers of so palpable a violation of

instructions on the part of public servants. You instructed them to

do a certain work, to prepare certain laws. If they could not do as

instructed, let them resign and go home. So far as they performed

the duties assigned them, we can approve of their acts; but when

they attempt to force upon us what we have not asked of them, but

said to them we do not want this monstrosity with three heads, yet

they persist in saying we do; and have gone on and made their laws

to correspond with this absurd and outrageous thing they call

_Executive Committee_. Is it wise, is it reasonable, that we should

submit to it? What assurance have we that the next Legislative

Committee, or body we may appoint, following the example set by

this one, will not give us a king or emperor, and tell us it is

necessary to complete our organization?"

Many of the persons present at Champoeg on the 5th of July, 1843, will

recollect this speech, and the strong and emphatic manner in which it

was delivered. Why Mr. Hines did not move to strike out the executive

clause has always been a mystery to us. When he had resumed his seat as

president of the convention, Mr. O'Neil made a few remarks, explaining

the position of the committee. Mr. Shortess followed, denying the

assumption of power attributed to the committee, or a disposition to go

beyond their instructions, and urged the necessity of a head or some

controlling influence somewhere. Could we rely upon Captains McCarty, or

McKay, or Smith to call out their companies; or Major Howard? Should the

military control the civil power? "The thing is absurd," said Shortess.

Rev. Jason Lee could not see the proposed executive head of the proposed

provisional government in the light Mr. Hines did. If it was thought

necessary to have a government at all, it was necessary to have a head,

and an executive, or the laws were of no effect.

It was arranged with the Legislative Committee, that Gray should meet

Hines on this question, and make the last speech in favor of the

executive department. Hence O'Neil and Shortess both spoke in favor of

it. Dr. Babcock was opposed, on account of its going beyond present

necessities, and looking too much like a permanent and independent

government; whereas we only wished to form a temporary one. He thought

with Mr. Hines, that the committee had gone beyond their instructions in

providing for this executive power, still he was willing to abide the

decision of the people. There was a little uncertainty us to Mr. Lee's

final vote. Dr. Babcock was clearly against us. Mr. Hines made but the

one speech. From the course the debate had taken, Gray had no fears as

to the final result, and waited until it was evident that no more

opposing speeches would be made when he commenced:--

"Mr. President and fellow-citizens,--The speech which we have just

listened to, from our presiding officer, is in the main correct. It

is true that the Legislative Committee were not instructed to bring

before you an executive department in the laws and government you

proposed to form, when you appointed your committee to prepare those

laws. It is also true, that when that committee met, they found that

they could not advance one step in accomplishing the work you

instructed them to perform, without some supervising influence, or

power, somewhere; in short, without a head. Their instructions were

against a governor. They have provided an Executive Committee, in

place of a single man for governor. This executive head is to act

in the place of senate, council, and governor. This provision is

before you for your approval or rejection. With this Executive

Committee our organization is complete; without it we have no head;

no one to see that our laws are executed, and no one to grant a

reprieve or pardon in case a law should be enforced against the life

or property of any one, for the violation of any law, no matter what

the circumstances connected with that real or supposed violation

might be. The pardon and mercy part of our law is in that '_horrible

hydra-headed monster_' that the gentleman spoke about, and warned us

against; and instead of its being as black as his '_bear_,' it

becomes light and mercy to the erring and the ignorant. As to the

example set by your committee for future despots to rob us of our

liberty, and place over us a king or an emperor, you and I have no

fears so long as we elect our own legislative bodies.

"Now, fellow-citizens, let us look calmly at our true situation. We

are two thousand five hundred miles from any point from which we can

receive the least assistance by land; and seventeen thousand miles

by water. A portion of our community are organized and ready to

protect themselves, and to defend all their rights and interests.

Another organization of a religious character is in our midst,--I

should say, two. They each have a head--an executive. How is it with

us? Who is our head in all that pertains to our civil liberty,

rights, and property? It is possible the gentleman may wish us to

remain as unprotected, as helpless and exposed to all the dangers

that surround us on every hand, as we have heretofore been. If he

does, you, fellow-citizens, I am sure, do not wish to add to his

feebleness by destroying the organization you have commenced,

because he is afraid of what some Caesar did in Rome some centuries

past. We are acting for ourselves and those immediately dependent

upon us for protection. In union there is strength. I believe you

are fully satisfied that your committee have acted honestly, and, as

they thought, for the good of all they represented. If such is the

case, you will approve of their acts, and our organization will be

complete as they have prepared it for this meeting."

On the question being taken, there were but two or three votes against

the executive, or fifth section. Mr. Lee informed the writer that he saw

plainly enough that the meeting was determined to have a government of

some kind, and that probably the Executive Committee was the best at

first. This point gained, the remainder was soon disposed of.

The marriage fee was changed, in the seventeenth article, from three

dollars to one dollar.

The resolution referred to as the nineteenth was: "_Resolved_, That a

committee of three be appointed to draw up a digest of all the laws and

proceedings of the people of this Territory, in relation to the present

provisional government, and the reasons for forming the same; and

forward said digest and report to the Congress of the United States for

their information." Rev. Jason Lee, Rev. Gustavus Hines, and Mr. C. M.

Walker were chosen that committee, and instructed to have access to all

public documents, and to call upon any individual for any information

they might deem necessary in carrying out their instructions.

That committee, so far as performing their duty and carrying out the

wishes of the people were concerned, did the same as the reverend

Legislative Committee did in 1841; they neglected the thing altogether,

and paid no attention to the object of the resolution. Still, at the

present day, when the same reverend gentlemen are charged with having

done all they could against the early settlers' government, they attempt

to repel the charge, and take great credit to themselves for the

perseverance of others in securing permanent laws and protection for

themselves and the settlements.

Messrs. Beers, Hill, and Gale, were chosen by ballot as the first

Executive Committee.

Hugh Burns, who had been chosen at the May meeting as justice of the

peace, had resigned, and Robert Moore was chosen to fill his place.

The committee had prepared a full list of the laws of Iowa, to recommend

for the adoption of the people, which was presented and read, some

slight amendments made, and the list adopted.

The report of the Legislative Committee was adopted as a whole; and on

motion it was "_Resolved_, That the president of the convention assisted

by the Rev. Messrs. Lee, Clark, and Leslie, be a committee to draft and

administer an oath of office to the civil officers elected on the 2d of

May, 1843, and that said officers be required to subscribe to the same;

and administer the oath to the supreme judge, who shall hereafter

qualify all civil and military officers to be elected by the people." At

this point, a question arose in the mind of the last-named committee,

whether they would proceed that night to administer the proposed oath,

or defer it till some other time. There were some earnest and determined

men in that convention, who were not to be defeated at the last moment

by the disposition of these reverend gentlemen to delay the concluding

ceremony of drafting and administering the oath of office to the persons

the people had chosen. To relieve them of all doubt as to the wish of

the convention (although it was then nearly dark), it was moved and

carried, "that the committee to qualify officers proceed to the

performance of their duty, as far as practicable, this evening." Judge

Wilson was not present.

Rev. Jason Lee noticed that Mr. Beers received the smallest number of

votes given for any member of the Executive Committee. This to him, and

probably to Messrs. Leslie and Hines, was unaccountable; but not so to

us, who understood the general feeling of opposition against the rule of

the missionaries and their large claims to land; as also the secret

prejudices excited against them by the Hudson's Bay Company and the

Jesuits, who attributed the entire government movement to them, while

the organization was that of the settlers unaided by any mission, except

individual members of the Protestant missions. This was probably the

reason for the proposition to delay qualifying the officers elected, and

carrying out the decided wish of the convention. This fact simply shows

a reluctant assent to the organization by the principal members of the

missions. The French address showed the feelings of the French and

Catholics, while the Hudson's Bay Company stood entirely aloof from it,

and expected to defeat the whole movement by the influence of such men

as the Rev. G. Hines, Dr. White, Robert Newell, and the Indians.

We have two copies of the organic laws adopted by the people at

Champoeg; one published by Charles Saxton in 1846, and the other by the

compiler of the Oregon archives in 1853. That published by Mr. Saxton

corresponds nearer with our own recollections of the facts of the case;

hence we will copy them as given by him.

CHAPTER XLV.

Organic laws.--Resolutions.--Districts.--Militia law.--Land

claims.--Certificate.

The Legislative Committee recommend that the following _organic laws_ be

adopted:--

WE, the people of Oregon Territory, for purposes of mutual

protection, and to secure peace and prosperity among ourselves,

agree to adopt the following laws and regulations, until such time

as the United States of America extend their jurisdiction over us:--

SECTION I.

_Be it enacted by the free citizens of Oregon Territory_, That the said

Territory, for the purposes of temporary government, be divided into not

less than three, nor more than five, districts; subject to be extended

to a greater number when an increase of population shall require.

For the purpose of fixing the principles of civil and religious liberty

as the basis of all laws and constitutions of government that may

hereafter be adopted, _Be it enacted_, That the following articles be

considered articles of compact among the free citizens of this

Territory.

ARTICLE 1. No person demeaning himself in a peaceable or orderly manner

shall ever be molested on account of his mode of worship or religious

sentiments.

ART. 2. The inhabitants of said Territory shall always be entitled to

the benefit of the writ of _habeas corpus_ and trial by jury, of a

proportionate representation in the Legislature, and of judicial

proceeding according to the course of common law. All persons shall be

bailable, unless for capital offenses, where the proof shall be evident,

or the presumption great. All fines shall be moderate, and no cruel or

unnatural punishments inflicted. No man shall be deprived of his liberty

but by the judgment of his peers, or the law of the land; and should the

public exigences make it necessary, for the common preservation, to take

any person's property, or to demand his particular services, full

compensation shall be made for the same. And in the just preservation of

rights and property, it is understood and declared that no law ought

ever to be made, or have force in said Territory, that shall in any

manner whatever interfere with, or affect, private contracts, or

engagements _bona fide_ made and without fraud previously formed.

ART. 3. Religion, morality, and knowledge, being necessary to good

government and the happiness of mankind, _schools_ and the means of

education _shall forever be encouraged_.

ART. 4. The utmost good faith shall always be observed toward the

Indians, their lands and property shall never be taken from them without

their consent, and in their property, rights, and liberty, they shall

never be invaded or disturbed, unless in just and lawful wars,

authorised by the representatives of the people. But laws, founded in

justice and humanity, shall, from time to time, be made, for preventing

injustice being done to them, and for preserving peace and friendship.

ART. 5. There shall be _neither slavery nor involuntary servitude_ in

said Territory, otherwise than for the punishment of crimes, whereof the

party shall have been duly convicted.

SECTION II.

ARTICLE 1. _Be it enacted_ by the authority aforesaid, That the officers

elected on the 2d of May instant shall continue in office until the

second Tuesday of May, 1844, and until others are elected and qualified.

ART. 2. An election for civil and military officers shall be held

annually upon the second Tuesday in May in the several districts, at

such places as shall be designated by law.

ART. 3. Each officer heretofore elected, or that shall hereafter be

elected, shall, before entering upon the duties of his office, take an

oath or affirmation to support the laws of the Territory, and faithfully

discharge the duties of his office.

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