Territory, of the age of twenty-one years and upward, who shall have
been an inhabitant of this Territory at the time of its organization,
shall be entitled to vote at the election of officers, civil and
military, _and be eligible to any office_ in the Territory; _Provided_,
That all persons of the description entitled to vote by the provision of
this section, who shall emigrate to this Territory after the
organization, shall be entitled to the rights of citizens after having
resided six months in the Territory.
ART. 5. The executive power shall be vested in a committee of three
persons, elected by the qualified voters at the annual election, who
shall have power to grant pardons and reprieves for offenses against the
laws of the Territory, to call out the military force of the Territory,
to repel invasions or suppress insurrections, to take care that the laws
are faithfully executed, and to recommend such laws as they may consider
necessary to the representatives of the people for their action. Two
members of the committee shall constitute a quorum for the transaction
of business.
ART. 6. The legislative power shall be vested in a committee of nine
persons, to be elected by the qualified electors at the annual election;
giving to each district a representation in the ratio of its population,
excluding Indians; and the said members shall reside in the district for
which they shall be chosen.
ART. 7. The judicial power shall be vested in a Supreme Court,
consisting of the supreme judge and two justices of the peace; a Probate
Court and Justice Court. The jurisdiction of the Supreme Court shall be
both appellate and original; that of the Probate Court and Justice Court
as limited by law; _Provided_, That individual justices of the peace
shall not have jurisdiction of any matter or controversy when the title
or boundaries of land may be in dispute, or when the sum claimed exceeds
fifty dollars.
ART. 8. There shall be a Recorder, elected by the qualified electors at
the annual election, who shall keep a faithful record of the proceedings
of the Legislative Committee, Supreme and Probate courts; also record
all boundaries of land presented for that purpose, and brands used for
marking live stock; procure and keep a record of the same; and also
record wills, deeds, and other instruments of writing required by law to
be recorded. The Recorder shall receive the following fees, viz.: For
recording wills, deeds, and other instruments of writing, twelve cents
for every hundred words; and for every weight or measure sealed,
twenty-five cents. For granting other official papers and the seal,
twenty-five cents; for services as clerk of the Legislature, the same
daily pay as members of the Legislature; and for all other services
required of him by this act, the same fees as allowed for similar
services by the laws of Iowa.
ART. 9. There shall be a Treasurer, elected by the qualified electors of
the Territory, who shall, before entering upon the duties of his office,
give bonds to the Executive Committee in the sum of fifteen hundred
dollars, with two or more sufficient sureties, to be approved by the
Executive Committee of the Territory, conditioned for the faithful
discharge of the duty of his office. The Treasurer shall receive all
moneys belonging to the Territory that may be raised by contribution, or
otherwise, and shall procure suitable books in which he shall enter an
account of his receipts and disbursements.
ART. 10. The Treasurer shall in no case pay money out of the Treasury
but according to law, and shall annually report to the Legislative
Committee a true account of his receipts and disbursements, with
necessary vouchers for the same, and shall deliver to his successor in
office all books, moneys, accounts, or other property belonging to the
Territory, as soon as his successor shall become qualified.
ART. 11. The Treasurer shall receive for his services the sum of five
per cent. upon all moneys received and paid out according to law, and
three per cent. upon all money in the Treasury when he goes out of
office, and two per cent. upon the disbursement of money in the Treasury
when he comes into office.
ART. 12. The laws of Iowa Territory shall be the laws of this Territory
in military and criminal cases, _where not otherwise provided for_; and
where no statute of Iowa Territory applies, the principle of common law
and equity shall govern.
ART. 13. The law of Iowa regulating weights and measures shall be the
law of this Territory; _Provided_, The Supreme Court shall perform the
duties required of the commissioners, and the recorder shall perform the
duties of the clerk of the county commissioners, as prescribed in said
laws of Iowa; and proved, that sixty pounds avoirdupois shall be the
standard weight of a bushel of wheat, whether the same be more or less
than two thousand one hundred and fifty and two-fifths cubic inches.
ART. 14. The laws of Iowa respecting wills and administrators shall be
the laws of this Territory in all cases not otherwise provided for.
ART. 15. The laws of Iowa respecting vagrants is hereby adopted as far
as adapted to the circumstances of the citizens of Oregon.
ART. 16. The Supreme Court shall hold two sessions annually, upon the
third Tuesdays of April and September, the first session to be held at
Champoeg upon the third Tuesday of September, 1843, and the second
session at Tualatin Plains, upon the third Tuesday of April, 1844. At
the sessions of the Supreme Court the judge shall preside, assisted by
two justices; _Provided_, That no justice of the peace shall assist in
trying any case that has been brought before the court by appeal from
his judgment. The Supreme Court shall have original jurisdiction in
cases of treason and felony, or breach of the peace, and in civil cases
where the sum claimed exceeds fifty dollars.
ART. 17. All male persons of the age of sixteen years and upward, and
all females of the age of fourteen years and upward, shall have the
right to marry. When either of the parties shall be under twenty-one
years of age, the consent of the parents, or guardians of such minors,
shall be necessary to the validity of such matrimonial engagement. Every
ordained minister of the gospel, of any religious denomination, the
supreme judge, and all justices of the peace, are hereby authorized to
solemnize marriage according to law, to have the same recorded, and pay
the recorder's fee. The legal fee for marriage shall be one dollar; and
for recording, fifty cents.
ART. 18. All offices subsequently made shall be filled by election and
ballot in the several districts upon the day appointed by law, and under
such regulations as the laws of Iowa provide.
* * * * *
1. _Resolved_, That a committee of three be appointed to draw up a
digest of the doings of this Territory with regard to an organization,
and transmit the same to the United States government for their
information.
2. _Resolved_, That the laws of Iowa--as laid down in the "Statute Laws
of the Territory of Iowa, enacted at the first session of the
Legislative Assembly of said Territory, held at Burlington, A.D.
1838-9, published by authority in Dubuque, Russell & Reeves, printers,
1839;" certified to be a "correct copy," by William B. Conway, secretary
of Iowa Territory--be adopted as the laws of this Territory.
* * * * *
The Legislative Committee recommend that the Territory be divided into
four districts, as follows:--
First District, to be called the _Tualatin District_, comprising all the
country south of the northern boundary line of the United States, west
of the Wallamet or Multnomah River, north of the Yamhill River, and east
of the Pacific Ocean.
Second District, to be called the _Yamhill District_, embracing all the
country west of the Wallamet or Multnomah River, and a supposed line
running north and south from said river, south of the Yamhill River, to
the parallel of forty-two degrees north latitude, or the boundary line
of the United States and California, and east of the Pacific Ocean.
Third District, to be called the _Clackamas District_, comprehending all
territory not included in the other three districts.
Fourth District, to be called the _Champoeg District_, and bounded on
the north by a supposed line drawn from the mouth of the Haunchauke
River, running due east to the Rocky Mountains, west by the Wallamet or
Multnomah River, and a supposed line running due south from said river
to the parallel of forty-two degrees north latitude, south by the
boundary line of the United States and California, and east by the
summit of the Rocky Mountains.
The Legislative Committee also recommend the above districts to be
designated by the name of "Oregon Territory."
The Legislative Committee recommend that a subscription paper be put in
circulation to collect funds for defraying the expenses of the
government, as follows: We, the subscribers, hereby pledge ourselves to
pay annually to the treasurer of Oregon Territory the sum affixed to our
respective names, for defraying the expenses of government; _Provided_,
That in all cases each individual subscriber may, at any time, withdraw
his name from said subscription upon paying up all arrearages, and
notifying the treasurer of the colony of such desire to withdraw.
_Militia Law._
ARTICLE 1. The militia of this Territory shall be arranged into one
battalion, consisting of three or more companies of mounted riflemen.
ART. 2. That in case of the vacancy of the office of major by death or
otherwise, it shall be the duty of the Executive Committee to appoint
another whose duty it shall be to serve in the place of such removed
officer, until the annual election.
ART. 3. That when a portion of country is so distant, or so situated,
that in the opinion of the Executive Committee it would be inconvenient
for persons residing therein to belong to an organized company, they
shall be organized as a separate company under the command of a captain
appointed by themselves, and give due notice to the major of the
battalion, and be subject to the same laws and regulations as the other
companies of the battalion.
ART. 4. That all companies shall meet once in each year for company
inspection upon the last Tuesday in September, well mounted, with a good
rifle, or musket, and accouterments for company inspection and military
exercise.
ART. 5. It shall be the duty of the major to notify each captain of a
company to notify each member of his company of the day and place of
each annual meeting of his battalion and company at least six days
previous to such time of meeting.
ART. 6. It shall be the duty of each and every male inhabitant, over the
age of sixteen years and under sixty, that wishes to be considered a
citizen, to cause himself to be enrolled, by giving his name to the
proper officers of the militia, and serve under the same, except such as
are hereafter excepted.
ART. 7. That fines shall be laid upon all who fail to adhere to the
commands of the Executive Committee, and the same shall be expended for
ammunition and arms, without delay, and persons appointed to take charge
of the magazine wherever the Executive Committee shall direct its
location.
ART. 8. It shall be the duty of the Executive Committee to appoint a
surgeon to the battalion, who shall serve in his profession when so
ordered by the Executive Committee.
ART. 9. It shall be lawful for any commissioned officer in case of
invasion, or insurrection, to order out the militia under his command,
provided he has sufficient reason for so doing, and give immediate
notice thereof to the Executive Committee.
ART. 10. The militia of this Territory shall, with the advice and
consent of the Executive Committee, be subject to the call of the
authorized agents of the United States government until she may send
troops to support the same.
_Land Claims._
ARTICLE 1. Any person now holding or hereafter wishing to establish a
claim to land in this Territory, shall designate the extent of his claim
by natural boundaries, or by marks at the corners and upon the lines of
said claim, recorded in the office of the Territorial recorder, in a
book to be kept by him for that purpose, within twenty days from the
time of making said claim; _Provided_, That those who shall be already
in possession of land shall be allowed one year from the passage of this
act, to file a description of their claims in the recorder's office.
ART. 2. All claimants shall, within six months from the time of
recording their claims, make permanent improvements upon the same, by
building or inclosing, and also become occupant upon said claims within
one year of the date of such record.
ART. 3. No individual shall be allowed to hold a claim of more than one
square mile, or 640 acres, in a square or oblong form, according to the
natural situation of the premises, nor shall any individual be able to
hold more than one claim at the same time. Any person complying with the
provisions of these ordinances shall be entitled to the same process
against trespass as in other cases provided by law.
ART. 4. No person shall be entitled to hold such a claim upon city or
town lots, extensive water privileges, or other situations necessary for
the transaction of mercantile or manufacturing operations; _Provided_,
That nothing in these laws shall be so construed as to affect any claim
of any mission of a religious character made prior to this time, of
extent not more than six miles square.
Approved by the people, as per minutes, Wallamet, July 5, 1843.
A true copy from original papers. Attest
GEORGE W. LE BRETON,
Recorder.
_Certificate._
This certifies that David Hill, Alanson Beers, and Joseph Gale were
chosen the Executive Committee of the Territory of Oregon, by the people
of said Territory, and have taken the oath for the faithful performance
of the duties of their office as required by law.
GEORGE W. LE BRETON,
Recorder.
WALLAMET, OREGON TERRITORY, July 5, 1843.
CHAPTER XLVI.
Description of the State House.--Conduct of the French
settlers.--Arrival of Dr. Whitman's party of
immigrants.--Prosperity of the settlers.--Change in the policy of
the Hudson's Bay Company.--Their exorbitant claims.
A primitive State House was built with posts set upright, one end in the
ground, grooved on two sides, and filled in with poles and split timber,
such as would be suitable for fence rails; with plates and poles across
the top. Rafters and horizontal poles held the cedar bark, which was
used instead of shingles for covering. It was twenty by forty feet. At
one end, some puncheons were put up for a platform for the president;
some poles and slabs were placed around for seats; three planks one foot
wide and about twelve feet long, placed upon a sort of stake platform
for a table, for the use of the Legislative Committee and the clerks.
Perfect order and decorum prevailed throughout the proceedings. The
bolder and more independent portion of the French settlers participated
in this convention, and expressed themselves pleased with the result.
They looked to this organization to relieve them from British tyranny;
while by far the greater number of them kept aloof and refused to have
any thing to do with, or to submit to, the organization.
This arose from the advice they had received from the company, and the
instructions of the priests who were among them, as in the case of Dr.
White's effort to get a few of them to go with him to the interior, on
the report of threatened Indian difficulties. The Hudson's Bay Company,
as indicated in a communication to the Executive Committee, felt
themselves abundantly able to defend themselves and their political
rights.
This year, through the influence and representations by letters,
reports, and the personal efforts of that devoted friend to Oregon, Dr.
Marcus Whitman, an immigration of eight hundred and seventy-five persons
arrived in the fall, notwithstanding that deceitful servant of the
Hudson's Bay Company, Grant, at Fort Hall, did all he could, under the
instructions of the company, to induce as many as possible to go to
California, by telling them all the frightful stories he and his men
could invent, of their danger, and the difficulties they must encounter
in getting through to the settlement on the Wallamet. This company
brought with them thirteen hundred head of cattle. The immigration of
1842 amounted to one hundred and thirty-seven men, women, and children,
a limited supply of cattle, and a number of wagons to Fort Hall, where
they were induced to abandon most of them, through the false statements
of the man in charge.
The immigration of 1843, under the guidance of Dr. Whitman, brought most
of their wagons, teams, and cattle through all safe. They opened the
road to the Columbia, and the trail through the Cascade Mountains, which
was only an obscure Indian trail quite difficult to pass in 1842, on
account of brush, logs, and fallen timber.
Our population, all told, now amounted to not far from twelve hundred.
Among the immigrants of 1842 and '43 there were many excellent families,
and intelligent, industrious, noble-hearted young men; with a full
proportion of miserable scoundrels. Most of the families soon found
locations, and having some little means, with the assistance they could
obtain from the Methodist Mission, and such as was brought by Captain
Couch in the brig _Maryland_, and the barks _Lausanne_ and _Toulon_, by
Captain Crosby, sent by Mr. Cushing of Newburyport, soon commenced
permanent improvements. The winter was mild and the larger portion of
them were prosperous and happy in their new homes.
The provisional government was formed and put in operation in July
previous to the arrival of the large immigration of 1843. Supplies of
flour, sugar, and tea had been sent from the settlement to meet such as
might be in want on their way into the Wallamet Valley.
From the time it was known that Dr. Whitman had safely arrived in
Washington, and the boundary line was not settled, the whole policy of
the Hudson's Bay Company changed. Advances of outfits were made to such
men as Hastings and his party, Burnett, and other prominent men.
Employment was given to a select few, and every encouragement and
inducement held out to assist as many as could be prevailed upon to go
to California; while those who contemplated making Oregon a permanent
home were denied supplies or employment, especially those who had asked
the protection of the American government. Those who proposed going to
California could readily get all the supplies they required of the
company by giving their notes payable in California.
It was well understood by most of them when they gave their notes that
they never expected to pay them. Two of them informed us that they did
not intend to pay if they went out of the country, as they understood it
as equivalent to hiring, or giving them their outfit to induce them to
leave.
This last remark applies particularly to the immigration of 1842, and
the company that went to California with Mr. Hastings in the spring of
1843. This policy continued up to 1847-8, when the company found
themselves, as they supposed, through the influence of their Jesuit
missions and Indian allies, prepared to fully maintain their licensed
mercantile privileges, but found themselves confronted by an army of
five hundred brave and determined men, and an organization sufficiently
strong and united to compel them to again change their policy, though
not their secret hatred of what they termed American intrusion upon
their imaginary rights in the country. In the seventeenth page of their
memorial, they assert, "And they had therein and thereupon a right of
trade which was virtually exclusive.----And such right of trade, and the
control, possession, and use of said Territory, for the purposes
thereof, independent of their foreign commerce and the sale of timber,
exceeding in total value the sum of two hundred thousand pounds sterling
($973,333.33)." This statement is made in behalf of that company as
their profits in trade before and up to 1846, which, together with the
declaration of Dr. McLaughlin and Mr. Douglas, as found in chapter
fifty-four, addressed to our Executive Committee under date March 11 and
12, 1845, is sufficient to indicate the true policy of the company,
which will be more fully developed as we proceed.
CHAPTER XLVII.
Actions speak louder than words.--Efforts of the Hudson's Bay
Company to discourage immigration.--Account of the two Jesuits, F.
N. Blanchet and P. J. De Smet.--Protestant missionaries
discouraged.--Important position of the Rev. G. Hines.--Recall of
the Rev. Jason Lee.--Efforts of the Hudson's Bay Company to prevent
emigration to the Territory.--Statement of General Palmer.--Indian
combinations.--The Donner party.--Mr. McBean's character.--Extent
of Oregon at this time.
Reaching thoughts by actions. This the historian of the times has a
right to do; and by comparing the act and result, he can arrive with
almost mathematical certainty as to what the thought was that originated
the act, and produced the result. But we are not confined to this mode
of reasoning. We have their own, and the statements of those favorable
to them, to substantiate our conclusions.
1st. The inadvertent statement of F. Ermatinger, one of their chief
traders, in 1838, that in case the American government attempted to take
this country, the Hudson's Bay Company would arm their eight hundred
half-breeds, and with the aid of the Indians, drive back any force that
could be sent across the continent to take it. Their navy could defend
the coast. The Jesuits could influence the Indians.
2d. The arrangements made to bring to the country the Red River
immigrants in 1842.
3d. The stationing of a ship of war at Vancouver to protect the company.
4th. The building of bastions at Fort Vancouver, and strengthening that
post in 1845-6.
5th. The refusal of Mr. Douglas to furnish supplies to the provisional
troops, sent to punish the parties engaged in the Wailatpu massacre.
6th. The supplying of Indians, by Mr. Ogden, with a large amount of war
material, and his avowal not to have any thing to do with American
difficulties.
7th. The letters and correspondence of Sir James Douglas.
8th. The positive statements of William McBean.
9th. The statements of Vicar-General Brouillet.
10th. The correspondence and letters of Bishop Blanchet.
11th. The testimony they have produced in support of their claims.
12th. The designs of the British government as indicated by James Edward
Fitzgerald.
13th. The sending of American immigrants from Fort Hall and Oregon to
California.
14th. The attempt to supply the Indians in the interior, by the aid of
Romish priests, with a large amount of ammunition.
15th. The implacable hatred implanted in the mind of the Indian against
Americans, through the influence of the Hudson's Bay Company and the
Jesuit missionaries brought to the country for that purpose.
16th. The strict rules of the company, and the continued effort to
enforce those rules to the destruction of life and property.
We now come to the thoughts which originated and caused the foregoing
acts.
_These American missionaries have done more to defeat us, to settle the
country, and defer the establishment of the boundary line, than all
other efforts and causes combined._ We must make another effort to
destroy their influence, and drive them and their settlements from the
country; and thus secure it to the British crown, for the use of the
company, at the risk of a war between the two countries.
It will be remembered that Messrs. Lee, Parker, Whitman, Spalding, Gray,
and other missionaries, had their passports from the Secretary of War of
the United States, giving them permission to travel through, and settle
as teachers in, the Indian country; and that all military officers and
agents of the government were instructed to facilitate their efforts,
and, if at any time it was necessary, afford them protection. These
passports had been duly presented to the Hudson's Bay Company at
Vancouver, and had the effect to prevent a direct effort to destroy or
drive them from the country, as they had done to all who preceded them.
Hence, an extra effort must be made to get rid of this American
missionary influence, and the settlements they were gathering around
them.
We will now proceed to give historical facts as connected with results.
Two intelligent, jovial, yet bigoted priests had been brought to the
country by the company. They had traveled all through it, and had
actually discovered the pure silver and golden ores of the Rocky
Mountains, and carried specimens to St. Louis and to Europe. These
priests fully understood the licensed rights of the Hudson's Bay
Company, and the efforts they were making to secure it to the British
crown. They were also assured that, in case the American Protestant
influence could be driven from it, the Papal would become the prevailing
religion, as in California and Mexico. They knew that the English
Episcopal effort was an early and utter failure, and that no renewed
effort would be made in their behalf by the company, and that they were
then using their influence to drive the Wesleyan missionaries from Moose
Factory. Hence, they and their associates entered upon their work with a
zeal and energy only equaled by him who was their first victim.
F. N. Blanchet visited Canada, New York, and Rome, and was made Bishop
of Oregon. His associate, P. J. De Smet, gathered his priests and nuns,
returned to the country, and entered vigorously upon their missionary
work, having the substantial aid of the Hudson's Bay Company, and the
personal assistance of its members. Their churches, nunneries, and
schools sprung up as if by magic in French Prairie, Oregon City,
Vancouver, the Dalles, Umatilla, Pen d'Oreille, Colville, and St. Marie.
The Protestant missions in the country were greatly annoyed by the
unreasonable and threatening conduct of the Indians about their
stations. They were demanding unreasonable pay for the lands upon which
the stations were located, and paying but little or no attention to
their American teachers. The American missionaries were becoming
disheartened and discouraged, and were beginning to abandon their
stations. Rev. A. B. Smith, of the Nez Perce mission, Dr. Richmond, from
Nasqualla, Rev. Messrs. Kone and Frost, from Clatsop, and Mr. Edwards
had left the country. Rev. Daniel Lee, Rev. H. K. W. Perkins, Mr.
Brewer, and Dr. Babcock, had all become dissatisfied, and thought they
had found a plausible excuse for leaving. A simple statement of a man in
the employ of the Hudson's Bay Company had more influence with them than
their missionary vows and obligations to the churches that sent them
out.
They were not satisfied with leaving themselves, but made charges
against the purest and best man of their number, simply because that,
while he was absent from Oregon in 1838-9, influences were brought into
the country by the company, with the intent to defeat them, and destroy
all Protestant missions,--applying the same policy to destroy the
harmony and usefulness of the American missions, that they had used to
destroy the power and influence of the Indian tribes; which was to
divide them up into factions, and get them to quarreling among
themselves, as in the case of Rev. J. S. Griffin and party. This would
destroy their influence, and help to break up their settlements.
The Rev. Mr. Hines, with all his wisdom, sound judgment, and experience,
became, unwittingly, an important instrument and apologist in this
deep-laid scheme to rid the country of Protestant missionaries and
American settlements. He was led to join his influence against his
truest and best friend, who is called home and superseded, and the
mission stations abandoned and broken up.
Mr. Hines, on pages 236-7 of his book, says: "With regard to the
objections against Mr. Lee, arising from his not furnishing the Board
with the desirable report concerning the disbursement of the _large
appropriations_, it should be observed that no such charge of
delinquency appears against him, up to the time of the appointment of
the great re-enforcement." Dr. White was known to be a bitter enemy of
Rev. Jason Lee, and a willing tool of the Hudson's Bay Company. Mr.
Hines, as his book, and the letters he wrote to Dr. White and the Indian
Department at Washington, show, was favorable to the proceedings and
policy of Dr. White and the Hudson's Bay Company.
We understand, through Rev. Mr. Geary, that Mr. Hines attributed to Mr.
Lee's advice expenditures for buildings that were the pet objects of Mr.
Hines himself; and thus Rev. J. Lee, to gratify the wish of others,
yielded his own convictions of right, and in this way became an object
of censure, which was the cause of his removal. The "changes
inconceivably great with respect to the Indians of Oregon," which, Rev.
Mr. Hines says "took place betwixt the time the great re-enforcement was
called for, and the time of their arrival in the Columbia River," were
brought to bear, and had their influence and effect, upon _him_, in his
Umpqua missionary trip, in his trip to the interior, in his
representations to his Missionary Board, in his opposition to the
provisional government, and had their influence upon his missionary
brethren. These men, Mr. Hines included, instead of studying the true
interests of the country,--their obvious duty to the churches that sent
them out, and the cause they represented,--were flattered and cajoled by
the artful members of a foreign monopoly, and made to believe they had
talents superior to the field in which they were placed by the influence
and advice of the superintendent, Mr. Lee, forgetting the changes above
intimated, and having no suspicions that a secret foreign influence was
working to bring about the utter failure of their Indian missions; nor
supposing that the brightest and best talents would secure the most
attention, and the surest effort to render them dissatisfied.
The whole statement about Mr. Lee's recall, and the reasons assigned,
appear to us to be unjust (though, perhaps, not intended) to the
character of Mr. Lee. It was after the great re-enforcement spoken of,
that the large expenditures referred to were made; hence, Mr. Hines'
excuse confirms the charge, and he only attempts to change the
responsibility to another; while Mr. Lee, like Dr. McLaughlin, is
suffered to fall by the influence of his professed friends.
The Jesuit priests, co-laborers with the Hudson's Bay Company, did not
hesitate to poison the minds of all who would listen to them against the
Protestant missionaries and all their efforts; neither did they hesitate
as to the means, so long as a certain object was to be accomplished. Le
Breton, Lee, and Whitman must fall by their influence. The character of
others must suffer by their malicious slanders and false statements. See
Brouillet, pages 20 and 21, in which he attempts to show that Dr.
Whitman and others were in the habit of poisoning melons to prevent the
Indians from stealing them, while the fact is, the Doctor encouraged the
Indians to come and get melons to eat freely, in order to induce them to
cultivate for themselves; and we are certain that no one at the station
at that time thought of putting poison into melons.
As we said, we are reading thoughts by words and acts, so as to arrive
at a correct conclusion as to the thought that caused the act.
The American missionaries and settlements must be driven from the
country. To do this, the Indians that have heretofore been kept at war
among themselves, must now be united. Some changes must be made; Grant,
of the Hudson's Bay Company, must occupy Fort Hall, and do all he can to
turn immigrants to California, and rob such as persist in coming to
Oregon.
General Palmer says in his journal, page 43: "While we remained at this
place (Fort Hall) _great efforts_ were made to induce the immigration to
pursue the route to California. The most extravagant tales were related
respecting the dangers awaiting a trip to Oregon, and the difficulties
and trials to be surmounted. The perils of the way were so magnified as
to make us suppose the journey to Oregon almost impossible. For
instance, the two crossings of Snake River, and the crossings of the
Columbia and other smaller streams, were represented as being attended
with great danger. Also, that no company heretofore attempting the
passage of these streams, succeeded but with the loss of men, from the
violence and rapidity of the currents, as also that they had never
succeeded in getting more than fifteen or twenty head of cattle into the
Wallamet Valley.
"In addition to the above, it was asserted that three or four tribes of
Indians in the middle regions _had combined for the purpose of
preventing our passage through their country_. In case we escaped
destruction at the hands of the savages, that a more fearful
enemy--famine--would attend our march, as the distance was so great that
winter would overtake us before making the Cascade Mountains. On the
other hand, as an inducement to pursue the California route, we were
informed of the shortness of the route when compared with that to
Oregon, as also of the many other superior advantages it possessed."
It is not our intention to go into the history of California, but give
what strictly relates to Oregon and her people in those early times. In
the paragraph we have quoted from General Palmer's journal, the reader
will see a fiendish, a damning policy; and if our language has any
severer terms to express evil motives and intentions, let him use them,
as belonging to the course pursued by that organization yclept Honorable
Hudson's Bay Company, in attempting to prevent the settlement of Oregon,
and sending whole families to starve and perish, and become cannibals in
the mountains of California, rather than tell the truth, and aid them in
getting to Oregon; as will be seen by the following extract from the
_Gold Hill_ (Nevada) _News_, concerning the horrible sufferings of "The
Donner Party:"--
"The world perhaps never produced a sadder and a truer story, nor
one which will be so long remembered by many whose fortunes were
cast on the Pacific slope in the early days of its settlement by the
Americans. We personally knew one of the families that perished
among the Donner party, and on reading the interesting letter in the
_Union_ it awakened in our memory a little incident in connection
with this sad calamity, which happened in the State of Illinois
twenty years ago last April. At that time we were publisher of a
newspaper in Putnam County, Illinois. Oregon and California were
beginning to attract the attention of the Western people; and in the
spring of 1846 a party of about fifty persons, farmers with their
families, and young men, was made up in that county destined for
Oregon. When the day of departure arrived, the whole party assembled
in a village called Magnolia to agree upon camp regulations,
appointment of officers, etc. As a journalist, we attended that
meeting and published a full account of its proceedings. Among the
party was 'Uncle Billy Graves' and his family, consisting of father,
mother, two daughters, and a son, the ages of the children ranging
from fifteen to twenty years. Uncle Billy Graves was a well-to-do
farmer, with every thing comfortable about him; and, having already
reached the age of threescore, it was a matter of surprise to many
that he should sell his farm and start off to make a new home in
such a far-off and wild country as Oregon then was. But the country
in Illinois was getting too thickly settled for the old man, and he
longed for the wild adventures of the far west. He pleaded and
persuaded us to go with him, and to bring our office along, as
Oregon would some day be a great country, and we would have the
credit of having been the first to publish a newspaper in it. But
circumstances over which we had no control prevented us, although
we certainly had the will and the wish just as Uncle Billy Graves
advised. We remained in Illinois, and the Graves family joined with
the overland party for Oregon. Letters written by the party during
the summer were published in our paper. The last one written by any
of the Graves family was dated at Fort Laramie, and this was the
last heard of the old farmer. He joined the Donner party, which
separated from the emigration to Oregon at Fort Hall, near the
headwaters of the Columbia, and wending his way westward toward
California, before its gold-fields were known in the world, he
perished in the mountains, and his good old wife perished with him.
The son and daughters of the Graves family were among the persons
who were rescued by the relief party of sailors and others who were
sent out by the benevolent Americans at Sutter's Fort and San
Francisco. A long letter written by one of the Graves girls was
published in our paper in the year 1847, and which contained a full
and sad account of the awful sufferings of the party. We shall never
forget the manuscript of the letter. It was blotted all over with
the tears which the poor girl shed while describing the sufferings
of her famishing parents, their death, and the flesh of their dead
bodies furnishing food for their starving children! Horrible!
horrible! Let the bleached bones and skulls of the Donner party be
gathered together and decently buried, for they once belonged to
good Christian people."
The Indians also have become deeply interested in their schemes to
prevent the settlement of the country.
We are told by Mr. Hines, on page 143, that they sent one of their
chiefs on snow-shoes, in the winter of 1842-3, to excite or induce the
Buffalo Indians to join them to cut off the immigrants that were
expected to come to the country with Dr. Whitman.
Mr. McKinley, a professedly warm friend of Dr. Whitman, was removed from
having charge of Fort Nez Perces, and William McBean, who (Mr. Roberts,
an old clerk of the Hudson's Bay Company, says) "is one of the d----dest
scoundrels that ever lived," put in his place.
The reader will not forget that we are speaking of events and movements
in a country where an Indian in a canoe or on horseback or snow-shoes
was our swiftest messenger, and that its boundaries included what is now
the State of Oregon, the Territories of Washington, Idaho, and Montana,
besides Vancouver Island and British Columbia.
The Hudson's Bay Company was a powerful and unscrupulous monopoly, and
the only representative of a vast empire on this western part of our
continent. To possess the whole, or a valuable part of it, was an object
worth using the influence they had spent years of labor and thousands
(not millions, as they claim) of dollars to secure.
The time has now arrived when all is at stake. _The American missionary
societies have accomplished what American commerce and fur traders have
failed to do._ The trouble is now between a "_squawtocracy of British
skin traders_" and Italian and Belgian Jesuits on one side, and American
missionaries and settlements on the other. The traders and Jesuits have
nearly overcome the American missionary influence. The settlements are
organized. The old policy to get rid of all opposition fur traders,
destroy Indian influence, and break up missions, must be tried, to
prevent and destroy the settlements.
The thoughts expressed in this chapter have carried us in advance of the
date of culminating events; hence, we must return, in order that we may
bring them in the order of their occurrence.
CHAPTER XLVIII.
1844.--The settlements alarmed.--Indian attack.--Death of G. W. Le
Breton.--Meeting at Mr. La Chapelle's.--Volunteer company
formed.--The _Modeste_ in the Columbia River.--The Legislative
Assembly.--Names of the members.--Peter H. Burnett.--Mr. David
Hill.--Oregon social standard.--M. M. McCarver.--"Old Brass
Gun."--A. L. Lovejoy.--Daniel Waldo.--Thomas B. Keizer.--Black
act.--Prohibitory liquor law.
1844.--March 9th of this year found our settlements alive and in great
alarm. The Indians in the vicinity of Oregon City had made an attack
upon the town on the 4th instant, and three white men had been wounded
and one Indian killed. G. W. Le Breton was wounded while attempting to
take the Indian that commenced the attack, by a ball entering and
breaking his arm, from the effect of which he died some twelve days
after, and was buried at Vancouver, where he had been taken for surgical
treatment. The other two received slight flesh wounds, although one
proved fatal--probably made by a poisoned arrow. The Indians commenced
the fight in open day, and continued it till their leader was taken by
Le Breton, after his arm was broken.
The Indian was placed under guard, and, on attempting to make his
escape, was killed. Those who were with him, and took part in the fight,
fled into the thick wood back of the town, and escaped.
This account, which we have received from other sources, will be seen to
differ slightly from the one already given by Dr. White in his letter to
the Secretary of War.
A proclamation was issued by the Executive Committee, calling for an
organization of the military forces in the settlement. It appears, from
the record of those times, that but one company was organized in
Champoeg District. The proceedings of that meeting, as noted by the
writer, and signed by the secretary, gives the fullest account we have,
and properly belongs to the history of the times. The attempt to destroy
the people and town at Wallamet Falls was made on the 4th of March; the
news was conveyed to the old mission and Salem on the 5th; notices were
immediately sent to the American population to meet on the 9th, with
arms, to organize for defensive or offensive measures. In the mean time,
each individual and family took such precautionary measures as were
thought advisable, keeping guard over their separate and individual
possessions. Most of the French or Hudson's Bay Company's servants
showed no alarm on the occasion, and very few of them turned out, or
paid any attention to the military call, though the meeting was at the
house of a Frenchman.
The citizens of Champoeg having met on March 9, at the house of Mr. La
Chapelle, in accordance with the proclamation issued, the meeting was
called to order by one of the Executive Committee, and the proclamation
read.
Upon the suggestion of the executive, W. H. Wilson was chosen chairman
of this meeting, and T. D. Keizer, secretary.
The object of the meeting was briefly explained by one of the Executive
Committee, Hon. A. Beers, and the chairman. Information was called for
concerning the depredations committed at Wallamet Falls on the 4th
instant.
Mr. Beers presented an official letter from Hon. D. Hill, one of the
Executive Committee, which was read. Statements were made by Mr.
Garrison respecting accounts received from other sources, and a letter
was presented by the United States sub-Indian agent, from A. L. Lovejoy,
Esq., respecting the affair of the 4th, which was read.
Statements were made by Hon. A. Beers concerning the steps they had
taken, and the orders they had issued.
On motion, the United States sub-Indian agent was requested to give his
views and advice on the subject. He accordingly related his proceeding
in reference to the matter; said he was unprepared to give advice, or
suggest what was best to be done in the present case. He was fully aware
of the defenseless state of the colony and the dangers to which it was
exposed. He knew the character of the Indian that was killed to be of
the vilest kind, and that he had threatened and attempted the lives of
citizens before. The agent said he had made an unsuccessful attempt to
take him, and have him punished by the Cayuses, to avoid the danger that
might result from the whites punishing him themselves. This renegade had
attempted to induce the Indians at the falls to burn the town; and,
failing in this object, he returned across the river. The citizens
attempted peaceably to take him, but in the affray three whites were
wounded, and one Indian killed. The agent thought a more efficient
organization of the Territory necessary.
Some remarks were made by W. H. Gray, and a resolution offered as
follows:--
_Resolved_, That in view of the facts presented, we deem it expedient to
organize a volunteer company of mounted riflemen, to co-operate with
other companies, to bring to justice all the Indians engaged in the
affair of the 4th of March, and to protect our lives and property
against any attempt at future depredations.
Carried unanimously. Whereupon W. H. Gray presented some articles of
compact as the basis of an organization of a volunteer company, which,
on motion, and with warm expressions of approbation from the United
States sub-Indian agent, were adopted, and immediately subscribed to by
nineteen volunteers.
The articles of compact allowed the company to elect a captain,
lieutenant, and ensign, as soon as twelve men should be enlisted, so the
company proceeded, by nomination, to elect their officers, to wit: For
captain, T. D. Keizer; first lieutenant, J. L. Morrison; for ensign, Mr.
Cason. The captain gave notice to the company of his acceptance of the
appointment, requesting them to meet at the Oregon Institute, armed and
equipped, on the 11th inst., for company drill.
On motion, the following resolution was adopted, viz.:--
_Resolved_, That this meeting recommend to our fellow-citizens of this
Territory, to organize volunteer companies in their respective districts
forthwith; and to rendezvous at the Oregon Institute, on Saturday, the
23d instant, at 12 M.
Moved, that the proceedings of this meeting be signed by the chairman
and secretary, and as much of them as is deemed proper be transmitted to
other districts. Carried.
On motion, adjourned.
W. H. WILSON, Chairman.
T. D. KEIZER, Secretary.
It will be seen by Dr. White's statement, that the Indian killed was a
renegade from the Cayuse or upper country Indians. He was doing all he
could to excite the Indians and get them to join in a general
combination to destroy the American settlements in the Wallamet Valley.
Dr. White, as he stated to the meeting, had now reached the utmost limit
of his authority and influence. He knew not what to do. He was too big a
coward to propose any bold measure, and too mean to be trusted by the
settlers; hence, if the reader will carefully study the proceedings of
this meeting, he will find a firm and steady influence, on the part of
the settlers, leading on through all the dangers and excitements of the
occasion. The proposed company was at once organized and elected its
officers. Gray accepted the office of first sergeant in the company,
which was soon filled up and drilled, and all were mounted on good
horses. This soon became known throughout the settlements, and had the
effect to frighten the Indians and keep them quiet, so that no further
disturbance was made in the settlements of the Wallamet. It also had the
effect to secure in the Columbia River the presence of the _Modeste_, a
war vessel of the English government, which became _absolutely
necessary_ (ironically speaking) to protect the property and interests
of the Hudson's Bay Company from the threatened depredations of the
Indians about their posts at Vancouver, as they were represented to be
becoming far more hostile than formerly. The company had found that,
since the Americans began to settle in the country, these Indians had
become more dangerous and hostile to them; and as their people were
scattered more extensively over the Indian country, it was absolutely
necessary to have their principal depot more strongly fortified and
protected, not against Indians, for they, by the course already pursued
by that company, were fast melting away. Their country had been "hunted
up" and made destitute of fur-producing animals by the advanced prices
they had given in 1838-40, and now starvation was their only portion,
unless the American settlers would share with them what they produced
from the soil. This Indian difficulty was only an attempt to bring on an
Indian war in the Wallamet to see how strong the settlements were, what
means of protection they possessed, and what their offensive measures
were likely to be.
This opened the eyes of Sir James Douglas to the natural weakness of
Fort Vancouver. The _Modeste_ was ordered to the river, and other
preparations were made to defend that establishment from an attack of
the American settlers. They found from the results of what occurred on
the 4th of March, that there _was a real substantial power in the
country_, and an influence of combination that they did not dream of;
hence they found themselves, with all their Indian combinations, the
weaker power.
We will now leave the Honorable Hudson's Bay Company under the
protection of the guns of her Majesty's ship _Modeste_, the fort being
repaired, bastions built, and all other protective and defensive
measures completed, while we look after the election and proceedings of
the Legislative Assembly of 1844.
The members elected from Tualatin District (since divided into
Washington, Multnomah, Columbia, Clatsop, and Tilamook counties) were
Peter H. Burnett, David Hill, M. M. McCarver, and Mr. Gilmore.
Clackamas District, including all of Washington Territory, Idaho,
Montana, and half of the eastern part of the State of Oregon, was
represented by A. L. Lovejoy. Champoeg District, including Marion, Linn,
Baker, Douglas, and Jackson counties, was represented by Daniel Waldo,
from Missouri, Thomas D. Keizer, from Arkansas, and Robert Newell, from
the Rocky Mountains.
Peter H. Burnett was a lawyer from Missouri, who came to Oregon to seek
his fortune, as well as a religion that would pay the best, and give
him the most influence; which in the Legislative Committee was
sufficient to induce that body to pay no attention to any organic law or
principle laid down for the government of the settlements. In fact, he
asserted that there were no constitutional provisions laid down or
adopted by the people in general convention at Champoeg the year
previous. Mr. Burnett was unquestionably the most intelligent lawyer
then in the country. He was a very ambitious man--smooth, deceitful, and
insinuating in his manners.
On motion of Mr. Lovejoy (another lawyer), the several members were
excused from producing their credentials, and on motion of the same
gentleman, the house proceeded to elect a Speaker. M. M. McCarver was
duly elected.
The journal of the proceedings of this Legislative Committee shows that
no regard was paid to any previous laws, or constitutional provisions.
David Hill, of Tualatin District, was from Ohio. He was a tall, slim
man, of sallow complexion, black hair, with strong prejudices, having no
regard for religion or morality. He left an interesting wife and family
in Ohio, and passed himself off in Oregon for a widower or bachelor. He
was favorable to all applications for divorces, and married a second
wife, as near as we could learn, before he obtained a divorce (if he
ever did) from his first wife. He early took an active part in the
provisional government, and was a decided opponent of the Hudson's Bay
Company, as also of all missionary efforts in the country. This rendered
him popular among the settlers, and secured his election as a
representative for that district for several years, although his
education was quite limited. As a citizen he was generally respected.
Though intimately acquainted with two of his sons, we could never learn
that he was any thing but kind and affectionate as a husband and father.
The fact of his leaving a wife and young family in Ohio, coming to
Oregon, and remaining for years without making any provision for them,
is evidence of guilt in some one. The friends of his wife and family
spoke of them as being highly esteemed by all who knew them. But it is
of his public acts, as connected with the history of Oregon, that we
wish particularly to speak.
The social standard adopted by the people of Oregon was peculiarly
adapted to favor men of Mr. Hill's morality, and aid them in rising from
the effect of any former misconduct they may have been guilty of in any
other country. This standard was, to receive as fellow-citizens all who
came among us; to ignore their former actions, and give them a chance to
start anew, and make a name and character in the country.
There must be something noble and generous in a people occupying a new
and wild country, as Oregon was in those days, that would lead them to
adopt a standard for common action and citizenship, so peculiarly
republican and in accordance with the most liberal and enlightened
Christianity. To this spirit of toleration and benevolence must be
attributed, under an all-wise Providence, the complete success and
stability of the first civil government formed on this coast. Hence, as
we have before said, we shall deal with men, morals, and politics as
they belonged to Oregon at the time of which we are writing.
M. M. McCarver, from having acted as commissary in the Black Hawk war,
in Iowa, was called General. This title secured to him considerable
influence, and many favors from the Hudson's Bay Company. General
McCarver was a man of common education, making large pretension to
political knowledge, without much judgment or understanding of political
economy. He was an intolerable debater, and acquired, among the lobby
members of the Legislature, the name of "_Old Brass Gun_." In his
political course, he strove hard for popularity, and attempted to secure
places of honor for personal promotion. He was what would be considered
a _Simon Pure_ pro-slavery Democrat. Like the silly moth in the fable,
he fluttered around the shadow of Dr. White, the sub-Indian agent, and
assisted him in insulting the Legislative Committee of 1845, and
attempted to get his name before the Congress of the United States as an
important and influential man, which was divulged and defeated by
another member of the same committee, though in a cowardly and
dishonorable manner. We are not aware that General McCarver ever
originated any important measure, or performed any extensive or
important service in the country. His political schemes were generally
so supremely selfish that they died still-born.
Mr. Gilmore, from the same district, was a substantial farmer. He
neither said or did much, and but little is known of him.
A. Lawrence Lovejoy, formerly from Massachusetts, was a man of medium
size, light complexion, light hair, rather impetuous and dogmatical in
his conversation. He crossed the mountains with the immigration of 1842
to Dr. Whitman's station; from that place he attempted to return to the
United States with Dr. Whitman. As near as we can learn, he became
utterly exhausted by the time they reached Bent's Fort on the Arkansas
River, and was left there by the Doctor. In the summer of 1843 he
returned to Oregon and pursued his profession of law. In Oregon he has
always acted with the radical Democratic party, rather doubtfully on the
pro-slavery platform. He was the first regular nominee for governor of
Oregon. George Abernethy, the secular agent of the Methodist Mission,
was run as an independent candidate, and, with the assistance of Peter
H. Burnett, Mr. Russell, and his friends, who bolted the general
convention, was elected governor, though at the time he was on a visit
to the Sandwich Islands. A large number of political friends still
adhered to Mr. Lovejoy, and made a second attempt to elect him governor.
Mr. Abernethy was again the opposing candidate. It appeared in the
canvass of that year, that the Hudson's Bay Company generally voted for
Mr. Lovejoy; but the personal kindness of Mr. Abernethy to a priest
traveling up the Wallamet, induced him to tell his people to vote for
Mr. Abernethy, and by this vote he was elected, although a fair majority
of the votes of the American settlers was given for Mr. Lovejoy. Mr.
Lovejoy, like many of us, leaves but little usefulness or philanthropy
to record, that his talents and position should have led him to aspire
to. As a citizen and neighbor, he is kind and obliging, as a lawyer not
above mediocrity, and it is generally understood that he makes no
pretensions to religion.
Daniel Waldo, formerly of Missouri, was a plain, substantial farmer, and
the first man who ventured to experiment upon the hills, or upland
portions of Oregon. He had owned extensive tracts of land on the banks
of the Missouri, a large portion of which had been washed away by the
floods, which cause continual changes along the banks of that river. In
coming to Oregon, he had made up his mind to take the hills, if there
were any in the country. He did so, and has proved by his experiment the
value of a large portion of country that was before considered worthless
for cultivation. From the time Mr. Waldo arrived in the country he
became an enthusiastic admirer of Oregon. Soon after he had located in
the hills bearing his name, an old acquaintance of his, and also of his
brother in Missouri, came to Oregon on a visit, and was about to return
to the States. He paid Mr. Waldo a visit, and after chatting awhile and
looking over his farm, on which we could not see a single rail, except a
few he had in a corral, his friend (Colonel Gilpin) said to him: "What
shall I say for you, to your brother in Missouri?" "Tell him," said
Waldo, "that I would not give the bare idea of owning a section of land
in Oregon for all I own in Missouri [which was then two sections, 1,280
acres], and that I would not give a section of land here for the whole
State of Missouri." Such men gave a good report of Oregon, and it is to
such that the country is indebted for her stability and prosperity. Mr.
Waldo's experiment has shown the capacity of the country for settlement
to be more than double what it was previously considered, and while some
of those who laughed at him and called him an enthusiast here had their
farms, cattle, and houses swept away by floods, he has remained in the
hills uninjured and secure.
Thomas D. Keizer, from Arkansas. Of this man's early history we have
learned but little. It seems that, for some cause, he and his family
were compelled to leave the State. Their story is that a gang of
counterfeiters was exposed by them, and in consequence of their becoming
informers they were surrounded by a mob and compelled to leave. On first
arriving in the country they were not scrupulous as to the rights of
their neighbors, or those of the Oregon Institute, or mission claims.
They found themselves comfortably housed in the first buildings of the
Oregon Institute, and occupied them till it suited their pleasure to
leave, and to find other quarters upon land claimed by the mission. As
was to be expected, Mr. Keizer was inclined to do all he could to
curtail the mission and Institute claims, he being the gainer by
curtailing the claims of others. As a politician, he considered all
little dirty tricks and slanders against an opponent justifiable. In
religion he professed to be a Methodist.
Robert Newell has been previously described.
Such being the composition of the Legislative Committee of Oregon in
1844, it is not surprising that interests of classes and cliques should
find advocates, and that the absolute wants of the country should be
neglected. The whole time of the session seems to have been taken up in
the discussions of personal bills. The question of convention of the
people was before this session and was lost.
There was one inhuman act passed by this Legislative Committee, which
should stamp the names of its supporters with disgrace and infamy. We
find its inception recorded on the 25th of July, the sixth day of the
session.
On motion, the rules were suspended for the special purpose of allowing
Hon. P. H. Burnett to introduce a bill for the prevention of _slavery in
Oregon_, without giving previous notice; which was received and read
first time. It was read a second time next day in the forenoon, and in
the afternoon of the same day the bill to prevent slavery in Oregon,
_and for other purposes_, was read a third time, and on the question,
"Shall the bill pass?" the yeas and nays were demanded, when the vote
stood: yeas, Burnett, Gilmore, Keizer, Waldo, Newell, and Mr. Speaker
McCarver--6; nays, Lovejoy and Hill--2.
The principal provisions of this bill were, that in case a colored man
was brought to the country by any master of a vessel, he must give bonds
to take him away again or be fined, and in case the negro was found, or
came here from any quarter, the sheriff was to catch him and flog him
forty lashes at a time, till he left the country.
These six Solons, who got up and carried through this measure, did it
for the good of the black man of course, as one of the first principles
laid down by the people the year previous in the organic law, and
unanimously carried, was: "That slavery, except for the punishment of
crime, whereof the parties shall have been previously convicted, shall
never be tolerated."
The principles of Burnett's bill made it a crime for a white man to
bring a negro to the country, and a crime for a negro to come
voluntarily; so that, in any case, if he were found in the country, he
was guilty of a crime, and punishment or slavery was his doom.
Mr. Burnett claimed great credit for getting up a prohibitory liquor
law, and made several speeches in favor of sustaining it, that being a
popular measure among a majority of the citizens.
At the adjourned session in December, we find the executive urging the
Legislative Committee to adopt measures to secure the permanent
interests and prosperity of the country, also to amend their act
relative to the corporal punishment of the blacks, and again urging the
calling of a convention of the people.
CHAPTER XLIX.
Message of the Executive Committee.--Observations on the
message.--Generosity of the Hudson's Bay Company.--The Methodist
Mission.--The Oregon Printing-press Association.--George Abernethy,
Esq.
_To the Honorable the Legislative Committee of Oregon:_
GENTLEMEN,--As the expectation of receiving some information from the
United States relative to the adjustment of the claims of that
government and of Great Britain upon this country, was the principal
cause of the adjournment of this assembly from June last to this day, we
feel it our duty to communicate such information as we have been able to
collect on the subject, and likewise to recommend the adoption of
further measures for the promotion and security of the interests of
Oregon.
The lines defining the limits of the separate claims of the United
States and Great Britain to this portion of the country had not been
agreed upon when our latest advices left the United States, and as far
as we can learn, the question now stands in the same position as before
the convention in London, in 1818. At that time, the United States
government proposed to draw the division line on the forty-ninth
parallel of north latitude from the Lake of the Woods to the Pacific
Ocean. To this Great Britain would only consent in part, that the line
should run on the forty-ninth parallel from the Lake of the Woods to the
dividing ridge of the Rocky Mountains; and it was finally agreed upon,
between the parties, that all the country lying west of the Rocky
Mountains, and on the Pacific Ocean, should, with its harbors, bays, and
rivers, remain open for ten years to the vessels, subjects, or citizens
of both countries. But it was at the same time expressly understood,
that the said agreement was not to be construed to affect or prejudice
the claims of either party, or any other power, to any portion of said
country. Before this agreement expired, another convention was held in
London, in 1827, by the two contracting powers, by which the former
treaty was extended, with the provision, that when either of the parties
thought fit, after the 20th of October, 1828, to abrogate the
convention, they were at liberty to do so, by giving twelve months'
notice to the other contracting party; but nothing in the treaty of 1827
was to be construed so as to affect, in any manner, the claims which
either of the contracting parties, or any other power, might have to any
of the country lying west of the Rocky Mountains.
The subject has again been called up for investigation by the two
powers, and a negotiation was begun at Washington in the early part of
the present year, but was for the time being suspended on account of a
disagreement between the parties; and notice of the abrogation of the
convention of 1827 had not been given by either party when our latest
information left the United States. And we find that after all the
negotiations that have been carried on between the United States and
Great Britain relative to settling their claims to this country, from
October, 1818, up to May, 1844, a period of nearly twenty-six years, the
question remains in the following unsettled position, viz.:--
Neither of the parties in question claim exclusive right to the country
lying west of the Rocky Mountains, between the parallels of forty-two
degrees and fifty-four degrees forty minutes north latitude, and
bordering on the Pacific Ocean; but one claims as much right as the
other, and both claim the right of joint occupancy of the whole without
prejudice to the claims of any other state or power to any part of said
country.
We have submitted to you this information, gentlemen of the Assembly,
for two reasons:--
1st. To correct an error that occurred in our last communication to this
body relative to the claims of the United States and Great Britain to
this country.
2d. That you may bear in mind, while legislating for the people of
Oregon, the position in which this country stands with regard to those
claims.
We would advise that provision be made by this body for the framing and
adoption of a constitution for Oregon, previous to the next annual
election, which may serve as a more thorough guide to her officers, and
a more firm basis of her laws. It should be constructed in such a manner
as would best suit the local situation of the country, and promote the
general interests of the citizens, without interfering with the real or
pretended rights of the United States or Great Britain, except when the
protection of life and property actually require it.
We would suggest for your information that this government has now in
its possession notes given by different individuals residing in the
country, amounting to $3,734.26, most of which are already due. These
notes are a balance in favor of Ewing Young, of Oregon, deceased,
intestate, A.D. 1840, after all legal dues, debts, and damages are
paid, that have come to the knowledge of the administrator or Probate
Courts of Oregon up to this date. We would, therefore, advise that
these claims should be collected and appropriated to the benefit of the
country, the government being at all times responsible for the payment
of them to those who may hereafter appear to have a legal right to the
same.
We would again call your attention to a measure recommended in our last
communication, to wit, the expediency of making provision for the
erection of a public jail in this country. Although the community has
suffered very little as yet for the want of such a building, and perhaps
another year might pass without its being occupied, which it is hoped
may be the case, yet we are assured that it is better policy to have the
building standing without a tenant than a tenant without the building.
And in order to promote industry and the peace and welfare of the
citizens of Oregon, this government must be prepared to discountenance
indolence, and check vice in the bud.
We would now recommend to your consideration the propriety of making
provision for filling public offices which now are or may become vacant
by resignation or otherwise, previous to the next annual election.
We would recommend that the act passed by this assembly in June last,
relative to blacks and mulattoes, be so amended as to exclude corporal
punishment, and require bonds for good behavior in its stead.
We consider it a highly important subject that the executive of this
government should have laws which may direct them in settling matters
relative to lands reserved by Indians, which have been, or may hereafter
be, settled upon by whites.
We would also recommend that provisions be made for the support of
lunatics and insane persons in Oregon.
With regard to the state of the treasury, we would refer you to the
treasurer's report to this Assembly.
We are informed that the number of immigrants who have come to this
country from the United States during the present year amounts to upward
of seven hundred and fifty persons.
We would recommend that the act passed last June, defining the northern
boundaries of Tualatin and Clatsop counties, be so explained as not to
conflict with the act passed in this Assembly in June, 1843, extending
the limits of Oregon to fifty-four degrees forty minutes north latitude.
And we would suggest, in conclusion, that to preserve the peace, good
order, and kind feeling, which have hitherto existed among the
inhabitants of this country, depends very much upon the calm and
deliberate judgment of this Assembly, and we sincerely hope that Oregon,
by the special aid of Divine Providence may set an unprecedented example
to the world of industry, morality, and virtue.
And although we may now be unknown as a state or power, yet we have the
advantages, by the united efforts of our increasing population, in a
diligent attention to agriculture, arts, and literature, of attaining,
at no distant day, to as conspicuous an elevation as any State or power
on the continent of America.
But in order to carry this important measure, and arise to that
distinguished station, it becomes the duty of every citizen of this
country to take a deep interest in its present and future welfare.
As descendants of the United States and Great Britain, we should honor
and respect the countries which gave us birth; and, as citizens of
Oregon, we should, by a uniform course of proceeding, and a strict
observance of the rules of justice, equity, and republican principles,
without party distinction, use our best endeavors to cultivate the kind
feeling, not only of our native countries, but of all the powers or
states with whom we may have intercourse.
Signed,
OSBORNE RUSSELL,
P. G. STEWART.
Executive Committee of Oregon.
Dated, WALLAMET FALLS, Dec. 16, 1844.
To the honor of the country, Peter H. Burnett's negro-whipping law was
never enforced in a single instance, against a white or black man, as no
officer of the provisional government felt it incumbent upon himself to
attempt to enforce it.
The proposed constitutional revision was also strongly recommended by
the Executive Committee, and the Legislative Committee went through the
farce of calling a convention, and increased the number of
representatives, and called it a Legislature. In fact, the whole
proceedings seemed only to mix up and confuse the people; so much so,
that some doubted the existence of any legal authority in the country,
and the leading men of the immigration of 1843 denounced the
organization as a missionary arrangement to secure the most valuable
farming lands in the country.
The Hudson's Bay Company, under the guidance of James Douglas and P. S.
Ogden, carried forward their plans and arrangements by placing men at
their posts along the line of the immigrant route, who were doing all
they could, by misrepresentation and falsehood, to deceive and rob those
who were journeying to this country.
But, says the sycophant, the early settlers of Oregon are greatly
indebted to the Hudson's Bay Company for supplies of goods and
provisions sent to aid the starving immigrants. General Palmer tells us
(page 42) that flour at Fort Hall, when he came along, was twenty
dollars per one hundred pounds; cattle were from five to twelve dollars
per head. They could not be prevailed upon to receive any thing in
exchange for their goods or provisions, except cattle or money.
Two to four cows, or two yoke of oxen for a hundred pounds of flour is
_great generosity_, and renders the man who gives his last cow or ox to
the company, under great obligations; as much so as the early settlers
and the company's servants were in taking care of their cattle for the
little milk they could get from them, the company claiming the cow and
increase, and pay for any animal lost. This was Hudson's Bay Company's
generosity to the early settlers!
They found that through the influence of Burnett, Newell, Pomeroy, and a
few other Americans, they could accomplish more than by direct
opposition, and therefore began to change their course, and manifest
approval of the provisional government; so much so, that Ermatinger, a
member of the company, was elected treasurer in 1845, in opposition to
P. Foster, who served in 1844.
During the summer of 1844, Rev. George Geary arrived in the country,
"clothed with discretionary power," and had the destiny of missionaries,
laymen, property, and all, put into his hands. He superseded Mr. Lee.
Mr. Hines returned from the Sandwich Islands, and they proceeded at once
to dispose of the missionaries and property of the Methodist Mission.
The stations at Clatsop, Nasqualla, and the Dalles were given up. That
at the Dalles was sold to the American Board, that on Clatsop to Rev. J.
L. Parish, while the station at Nasqualla was abandoned by Rev. J. P.
Richmond, who, with Rev. Messrs. Kone and Frost, had become dissatisfied
with their Indian missionary labors, and returned to the States. Rev.
Messrs. D. Lee and H. K. W. Perkins, Dr. Babcock, and Mr. Brewer had all
made up their minds to leave the country.
These missionaries, having enlisted in a cause surrounded, at the time
of their engagements, with all the romance of early missionary life in
the far west, as soon as they reached their field of labor, had found
that romance and real life among the Indians did not accord with the
feelings of their proud and supremely selfish hearts. They were not
satisfied with silently withdrawing from the country, and encouraging
others more capable and better adapted to the missionary work to come to
it; but they joined with Dr. White, a bitter enemy of Rev. J. Lee, and
succeeded in obtaining the latter gentleman's removal from the
superintendency, and, through Rev. Messrs. Geary and Hines, the
abandonment of their Indian mission.
As an outside eye-witness of these transactions, we will state frankly
our impressions as to the general closing up of the Methodist
missionary labors among the Indians. The special and general
watchfulness of the Hudson's Bay Company, and their influence over the
leading members of the mission, and the effort they made to counteract
the moral and civil improvement of the Indians, was brought to bear both
directly and indirectly upon the superior and subordinate members, the
same as it had been upon the members of the missions of the American
Board, and caused a division in sentiment as to the usefulness and
results of missionary labor, and thus crippled their efforts, and caused
many of them to join with Dr. White, and complain of Superintendent Lee,
as an excuse to abandon the missionary work.
While these influences were working their intended results upon all the
American missionaries, the Jesuits, having explored the country, under
the patronage and by the assistance of the Hudson's Bay Company, were
making extensive preparations to occupy it with their missionaries, who
were then being collected, and sent from Belgium and Canada to Oregon,
under the direction of that arch-Jesuit, P. J. De Smet, and Bishop
Blanchet.
By the time they arrived, the Methodist Indian missions were all
disposed of; thus enabling the Jesuits to fix their undivided attention
and combine their united influence against the missions of the American
Board, which all admitted were accomplishing a noble work among the
tribes of their charge.
As Mr. Fitzgerald says: "But the company not only get rid of
missionaries as soon as they can do so without dangerous unpopularity,
but they obstruct them in the performance of their duties while in the
country." (See page 189 of his work.)
This opposition to the missionaries was not caused by the Indians, but
the personal opposition of the company, as proved by Sir J. Pelly's
answer to the question, "Have you found a disposition on the part of the
natives to receive moral and religious instruction." "Very great. There
were a couple of young lads sent from the Columbia District, to whom the
names of Pelly and Garry were given; these lads were revered by the
natives, when they returned, for the religious instructions they were
enabled to give." (See page 195, of the work above quoted.)
One Congregational and five Methodist ministers have left the country
with their families. Five Jesuit priests and as many nuns are coming to
it. Eight hundred emigrants are plodding their way over the mountains
and plains with ox-teams, to find a home in this country. The sub-Indian
agent has worked himself quiet. The Indians are waiting orders, watching
the immigration, and getting ready to strike at the proper time.
Mr. Lease had brought a band of five hundred head of California cattle
to the country and disposed of most of them to the Hudson's Bay Company.
The Oregon Printing-Press Association was formed, and about eighty
shares, at $10 each, were subscribed, and the money sent to New York for
press, type, and paper, by George Abernethy, Esq., who, after the
provisional organization in 1843, became a valuable supporter of all the
best interests of the country. His integrity of character, consistent
piety, and unbounded generosity, but few will question. From his
position, and connection with the Methodist Mission, he has suffered
much pecuniary loss, from men who were ever ready to take undue
advantage of a confiding and generous disposition.
As a public officer he always held a negative position, the tendency of
which was to hold all in suspense, and wait for some future action, or
to be carried forward by events that might occur. He could not be called
a leader in any civil, religious, or political measure, yet he truly
represented, in his public capacity, the organization of which he was a
member. So far as he was capable, he held in abeyance all laws and
measures, to what he considered would be the policy of the United States
government at some future time. The natural result of this position was,
to accomplish nothing definitely. Hence we find in all his public acts,
this tender spirit, and want of decided action.
Mr. Hines started for the United States by way of China. The property of
the Methodist Mission was distributed, and the settlers had increased;
while the Hudson's Bay Company were busily preparing to defend their
assumed rights by arming their forts and Indians in a manner so as not
to excite suspicion, or alarm the American settlements.
CHAPTER L.
Dr. White's report.--Seizure and destruction of a
distillery.--Homicide of Joel Turnham.--State of the
Territory.--Trials of Dr. White.--The liquor law.--Revenue
act.--Case of the negro Saul.--The Indians kill an ox.--Other
Indian difficulties.--Indian expedition to California.--Death of
the Indian Elijah.--State of the Territory.--Claim of the Hudson's
Bay Company on the north bank of the Columbia.--Letter of Peter H.
Burnett.--The Nez Perces and Cayuses.--Extract from the report of
the United States Senate.
We give the following extracts from Dr. White's Indian report and
proceedings in Oregon, that the reader may be informed as to what he
claimed to be his influence, and also the way he maneuvered with the
Indians and settlers; with his full account of the killing of the young
Indian Elijah in California.
The letters from the different missionaries show the condition of the
American missions at the time. Mr. Lee and the Jesuit missionaries did
not deem him the proper agent to report to. Notwithstanding, in his
report, given in a previous chapter, he attributes to the Jesuit
missionaries improvements wholly made by the Americans, not from
ignorance of the fact, but from personal prejudice.
It will be seen that the committee in Congress, to whom his report and
petition was referred, deemed it equitable and just on general
principles, and allowed it.
WALLAMET, November 4, 1844.
SIR,--The Hudson's Bay ship _Columbia_ sailing in a few days, _via_
Sandwich Islands, for England, by the politeness of her owners I
have the honor of again addressing you, and certainly under
circumstances most favorable and gratifying.
Since my last, forwarded in March, aside from two or three
incidents of an unpleasant nature, the colony and country have been
in a state of unusual quietness, and the season has been one of
great prosperity.
The legislative body, composed of nine members, met on the 24th of
May, at the falls at Wallamet, and closed their short but effective
session in nine days; having passed, in due form, twenty-five
bills, most of which were of importance to us in the regulation of
our intercourse. A few of these laws I transmit to you, and would
here remark, the taxes were in general cheerfully paid. The liquor
bill is popular, and the laws of Oregon are honored.
The Liquor act not coming in force under sixty days from its
passage, a few individuals (having clandestinely prepared, before
its passage) improved this favored moment to dispose of all they
could with any hopes of safety. Of this I was immediately notified,
and hastened in from the Tualatin Plains, all the mischief, "as
heretofore," being done in and about the town at the falls of the
Wallamet.
Liquor was in our midst, as was but too manifest from the noisy,
vulgar, obscene, and even diabolical expressions of those who had
previously ever conducted themselves in a quiet and orderly manner.
This was perplexing and exciting, as all professed ignorance; and
many opinions prevailed regarding the amount manufactured, and the
number interested, and especially regarding the seat of mischief or
point where distilled.
I resolved, at whatever danger or cost, to nip this in the bud,
procured the call of a public meeting at once, and had the
happiness to receive the following expression from all but one
convened:--
"_Resolved_, That it be the sense of this meeting, that Dr. White,
in his official relation, take such assistance as he may require,
and forthwith search out and destroy all intoxicating liquor that
may be found in this vicinity or district of country.
"P. G. STEWART.
"Executive Chairman.
"JOHN E. LONG,
"Secretary."
I started with ten volunteers early the ensuing morning, and found the
distillery in a deep, dense thicket, eleven miles from town, at three
o'clock, P.M. The boiler was a large-size potash kettle, and all the
apparatus well accorded. Two hogsheads and eight barrels of slush or
beer were standing ready for distillation, with a part of one barrel of
molasses. No liquor could be found, nor as yet had much been distilled.
Having resolved on my course, I left no time for reflection, but at once
upset the nearest cask, when the noble volunteers immediately seconded
my measures, making a river of beer in a moment; nor did we stop till
the kettle was raised, and elevated in triumph at the prow of our boat,
and every cask, with all the distilling apparatus, was broken to pieces
and utterly destroyed. We then returned, in high cheer, to the town,
where our presence and report gave general joy.
Two hours after my arrival, I received from James Connor, one of the
owners, a written challenge for a bloody combat; which ended last week
in his being indicted before the grand jury, fined $500, and
disfranchised for life.
Six weeks since, an unhappy affray occurred between one Joel Turnham,
late from Missouri, and Webley Hauxhurst, of Wallamet, and serious
threats passing from the former, a warrant was issued, and Turnham,
resisting with a deadly weapon, was shot down by the officer; for which
he comes before the grand jury to-morrow. Turnham expired at once, being
shot with three mortal wounds through the neck and head, but with
singular desperation fought and resisted to the last.
So far as I understand the public expression, all unite in acquitting
the officer, who has ever been a harmless, quiet, good citizen; while
Turnham was regarded as a most desperate and dangerous character all
abroad, having left Missouri under circumstances most unfavorable to his
reputation and quiet here, where he has been particularly sour,
irritable, and quarrelsome; and was the more obnoxious as he was reputed
brave and generally too stout for his antagonist.
November 8.--Since penning the last, the grand jury have unanimously
declared no bill; and here allow me to say, having accompanied Judge
Babcock to four of the courts embraced in the circuit of five counties,
I have not seen in any country such uniform decorum and quietness as has
prevailed throughout at these courts. Much of this mildness, sobriety,
and good order, is doubtless attributable to the absence of all
intoxicating drinks.
The laws of this country, framed to meet present circumstances, are
taking deeper and stronger root continually. And some are already
suggesting, "notwithstanding our infancy," whether, if longer left
without a mother's protection, it will not be well to undertake to run
alone.
The resources of the country are rapidly developing, and the
expectations of the people are generally high; the mildness of the
climate and the strength of the soil greatly encourage the large
immigration of last year. For the last twelve months, mercury has ranged
from 96 to 30; four-fifths of the time from 80 to 55; making an
agreeable summer and mild winter, grazing being good throughout; so much
so that the jaded and worn-down animals of the poor immigrants fatted up
greatly to their surprise, before spring, without feeding or the least
attention.
Crops of all kinds usually good, even to Indian corn, and cheerfulness
prevails throughout since harvesting. As statements have been made in
the States derogatory to our soil, allow me to say, it is believed, with
the same cultivation, no country produces better wheat, oats, peas,
barley, potatoes, or any crop save Indian corn, for which the nights are
generally too cool for a heavy growth. The wheat crops, being never
injured by the frosts of winter or the rains of summer, as in the
States, are remarkably sure; nor as yet have our crops been disturbed by
flies or insects.
Wheat crops are heavy, as you will judge when I assure you, from simply
turning over the prairie in June, scattering the seed in October, and
then with no further trouble than passing the harrow over it, ten acres
upon my plantation grew five hundred and forty-one bushels and a half.
The river flats, containing much alluvial deposit, are very rich; the
plains beautiful and verdant, being admirably watered, but generally
sparsely timbered; the high lands well timbered and watered in many
parts, the soil tolerable, producing herbage for an abundance of deer,
elk, mountain sheep, etc. The entire Wallamet and Umpqua valleys,
capable of sustaining a population of several millions, it is generally
believed can not be excelled, as a whole, for richness of soil, variety,
grandeur, or beauty of scenery; nor, considering the latitude, can be
equaled in mildness, equability, and agreeableness of climate.
Since last writing, abundance of limestone has been found at the mouth
of the Columbia, and likewise in this valley, conveniently obtained, and
proves of an excellent quality. The Rev. Mr. De Smet arrived here in
August last, bringing, as a part of his cargo, six priests and as many
nuns, fine, hale-looking girls, very acceptable just now, particularly
as the Methodist Mission is breaking up, and the half-breed Canadian
daughters are rapidly multiplying.
Having no pilot or chart to depend upon, and his commander a stranger,
he sailed in through the south channel, greatly to the surprise and
alarm of all on shore, but without injury or difficulty, not once
touching, and reporting abundance of water for the heaviest burden
ships.
The sands are supposed to have changed and improved the channel; but of
this I know nothing, and am not a little skeptical. I am induced to
attribute their success more to the fine day and small vessel than
change of the sands in their favor since Captain Wilkes left. Captain
Couch, however, who has now been passing in and out here for the last
five years in the service of Mr. Cushing, of Newburyport, pronounces it
a better port to enter than theirs, and says, with pilots, there will be
little difficulty or danger.
Our exports are wheat, beaver, salmon, and lumber, for which, in return,
we obtain from the Sandwich Islands, sugar, molasses, tea, coffee, and
other commodities brought there from China, England, and America.
We are much in want of a currency and market, American merchants being
as yet a slender reliance; and in view of the large immigrating parties
of each year, we should be greatly distressed for necessary articles of
wearing apparel, but for the most commendable spirit of accommodation on
the part of the Hudson's Bay Company.
Could some arrangement be entered into for us to supply the navy of the
Pacific with bread, beef, pork, fish, etc., we would thereby be much
improved in our condition. This might, and perhaps ought to be done, in
view of the encouragements held out for our people to emigrate to this
country. Should it not be convenient for our ships of war to come to the
Columbia for such supplies, they could be shipped to the Sandwich
Islands, if required. But more of this another time.
Having just taken the tour of the colony for the purpose of attending
the courts and visiting the schools, it affords me pleasure to say I
felt amply rewarded. I found throughout health, cheerfulness, and
prosperity, and, certainly, most surprising improvements for the short
time since the settlers commenced. The decorum of the courts I have
spoken of, and now have only to speak of the schools and Indians, and I
am done, fearing I have already wearied your patience. For the want of
means, the Methodist manual labor Indian school has lately been broken
up, and this is now occupied as a boarding-school for white children of
both sexes. The school is yet small, but well conducted, and promises
usefulness to the colony. The school at the falls of the Wallamet and
Tualatin Plains, and likewise the one under the direction of Rev. Mr.
Blanchet, Catholic clergyman, are all small,--numbering from fifteen to
thirty only,--but are all well kept and doing good. I feel solicitous on
this subject, and am saying and doing what I can to encourage education,
but, like all other new countries, the people need and require their
children much at home.
Since the unhappy affair last spring, the Indians have been unusually
quiet, and the summer has been spent without alarm. I sent my
interpreter, Mr. Lee, to the Wallawallas six weeks since, to make some
presents to the chiefs, as a safe conduct to the immigrants down to this
place, but having, as yet, nothing from him of interest, I addressed a
line to Mr. J. B. Littlejohn, who is just down from there, and received
the annexed reply; all other statements are corroborative:--
"WALLAMET, November 1, 1844.
"DEAR SIR,--It is with the utmost pleasure I undertake to give you
what information I am able to do. I have resided with the
missionaries of the American Board for two years past; I have known
their hearts, and am well acquainted with all they have done. Their
influence among the Indians is by no means small, or their efforts
vain, as their condition is very much improved, both in a spiritual
and temporal point of view. And, dear sir, your efforts among and
for them have been much to their advantage, and at the same time
not to the disadvantage of the missionaries, but greatly to
increase their usefulness among them. I have no doubt you have
labored with this motive in view. The Indians are becoming
civilized as fast or faster than any tribes concerning whom I am
informed. Their anxiety for cattle, hogs, and sheep is very great;
leading them to make most commendable efforts to obtain them, and
their efforts are by no means vain. They have purchased a good
number from those who are emigrating to this country, by exchanging
their horses for cattle. Thus, while their horses have been very
useful to the immigrants, they have greatly benefited themselves.
They are enlarging their farms yearly,--improving much in fencing,
etc. Quite a number of families are enabled to live from what they
raise on their farms, the milk of their cows, and their beef. There
is perfect quietness existing between them, and I have no doubt
this state of things will continue to exist. Many things that are
interesting might be written, but time does not allow me to say
more at present.
"I am, dear sir, yours with the greatest respect,
"J. B. LITTLEJOHN."
Thus far the Indians have kept their treaties of amity with me
astonishingly well, and it is thought we have now as much to hope as
fear from them, if we succeed in keeping out liquor, which, by the grace
of God, not few of us are resolved to do, though we do not pass
unopposed, nor slightly opposed; and had it not been for that most
salutary liquor law, and the hearty co-operation of some of the friends
of temperance with your agent, liquor would have already made ruinous
havoc among us.
The Methodist Mission, though we have not agreed on all subjects, has
behaved very properly on this. And to it, in connection with the
Honorable Hudson's Bay Company, will the colony be lastingly indebted
for its commendable efforts.
Since my first arrival, I have not received a line from the department
save my last year's report. As my condition is peculiar, and not a
little embarrassing, I should feel greatly obliged for an expression and
further instruction from the department. I have had, as may well be
judged, much to contend with, in the midst of lawless Indians of so many
different tribes, and lawless whites of so many nations,--some bred upon
old whale-ships, others in the Rocky Mountains, and hundreds on the
frontiers of Missouri. I have at times waded in deep perplexing
difficulties, but am now greatly relieved by the colonial government,
which as yet is well administered. By reason of this I now have less to
do, and sail in smoother seas, meeting with less opposition than
heretofore, my proper official relations toward the whites and Indians
being better understood.
I have the honor to be, etc.,
E. WHITE,
Sub-Agent Indian Affairs, W. R. M.
Hon. J. M. PORTER,
Secretary of War, Washington.
_An Act to prohibit the Manufacture and Sale of Ardent Spirits._
_Whereas_ the people of Oregon, now occupying one of the most beautiful
and interesting portions of the globe, are placed in the most critical
and responsible position ever filled by men, owing, as they do,
important duties to themselves, to their country, to posterity, and to
mankind, as the founders of a new government and a young nation; and
whereas the introduction, distillation, or sale of ardent spirits, under
the circumstances in which we are placed, would bring withering ruin
upon the prosperity and prospects of this interesting and rising
community, by involving us in idle and dissolute habits, inviting hither
swarms of the dissipated inhabitants of other countries, checking
immigration, destroying the industry of the country, bringing upon us
the swarms of savages now in our midst, interrupting the orderly and
peaceable administration of justice, and, in a word, producing and
perpetuating increasing and untold miseries that no mind can rightly
estimate; therefore,
_Be it enacted by the Legislative Committee of Oregon as follows:--_
SECTION 1. That if any person shall hereafter import or introduce any
ardent spirits into Oregon, with intent to sell, barter, or trade the
same, and shall offer the same for sale, barter, or trade, he shall be
fined the sum of fifty dollars for each and every such offense, which
may be recovered by indictment or by trial before a justice of the
peace, without the form of pleading.
SEC. 2. That if any person shall hereafter sell, barter, or trade any
ardent spirits of any kind whatever, directly or indirectly, to any
person within Oregon, he shall forfeit and pay the sum of twenty dollars
for each and every such sale, barter, or trade, to be recovered by
indictment in the Circuit Court, or before a justice of the peace,
without the form of pleading.
SEC. 3. That if any person shall hereafter establish or carry on any
manufactory or distillery of ardent spirits in Oregon, he shall be
subject to be indicted before the Circuit Court as for a nuisance; and
if convicted, he shall be fined the sum of one hundred dollars, and the
court shall issue an order to the sheriff, directing him to seize and
destroy the distilling apparatus, which order the sheriff shall execute.
SEC. 4. That it shall be the duty of all sheriffs, judges, justices,
constables, and other officers, when they have reason to believe that
this act has been violated, to give notice thereof to some justice of
the peace or judge of a court, who shall immediately issue his warrant
and cause the offending party to be arrested, and, if such officer has
jurisdiction to try such case, shall proceed to try such offender
without delay, and give judgment accordingly; but, if such officer shall
not have jurisdiction to try the case, he shall, if the party be guilty,
bind him over to appear before the next Circuit Court of the proper
county.
SEC. 5. That all sales, barters, or trades, made under color of gifts or
otherwise, with intent to evade this act, shall be deemed a violation of
the same, and all fines and penalties recovered under this act shall go
into the general treasury, and all officers receiving the same shall pay
over to the sheriff, whose duty it shall be to pay the same into the
treasury.
SEC. 6. That this act shall not be so construed as to prevent any
practicing physician from selling such liquors for medicine, not to
exceed one gallon at one time.
SEC. 7. That the clerk shall make out a copy of this act and put the
same up in Oregon City as early as practicable.
SEC. 8. That this act shall take effect within sixty days from and after
its passage.
Passed 24th June, 1844. M. M. MCCARVER, Speaker.
Attest: J. E. LONG, Clerk.
_An Act to provide for Ways and Means._
_Be it enacted by the Legislative Committee of Oregon as follows:--_
SECTION 1. That in order to raise a revenue for the purpose of defraying
the expenses of the government, there shall be levied and collected a
tax of one-eighth of one per cent. upon the following property, at a
fair valuation, to wit: All merchandise brought into this country for
sale; improvements in town lots; mills; pleasure-carriages; clocks;
watches; horses; mules; cattle and hogs.
SEC. 2. Every male citizen over the age of twenty-one years, being a
descendant of a white man, shall be subject to pay a poll-tax of fifty
cents.
SEC. 3. That it shall be the duty of the collector of revenue to require
of each and every merchant of Oregon to give him a statement of the
amount of all merchandise on hand, in writing, to be stated upon oath or
affirmation, which oath or affirmation the collector shall administer;
and said collector shall collect and receipt for the tax upon such
merchandise, which receipt shall serve said merchant for a license for
the next year, commencing from the time given; and that, when a merchant
shall wish to renew his license, he shall give a similar statement of
all merchandise received by him for sale in the preceding twelve months,
and the collector shall only require him to pay tax upon the amount of
said imports.
SEC. 4. That any person refusing to pay tax, as in this act required,
shall have no benefit of the laws of Oregon, and shall be disqualified
from voting at any election in this country.
SEC. 5. That the sheriff shall serve as _ex officio_ collector of the
revenue, for which he shall receive, as a compensation for his services,
ten per cent. upon all moneys collected as revenue.
SEC. 6. That the sheriff, before entering upon the duties of his office
as collector of the revenue, shall enter into bond, with two or more
good and sufficient securities, in a sum not less than five nor more
than ten thousand dollars, to be approved by the executive, which
approval shall be written upon the back of said bond, and the said
collector's bond shall be filed in the office of the clerk of the court.
SEC. 7. That the collector shall pay over to the treasury, on the first
Monday in each and every month in the year, all moneys that may be in
his hands, and get the treasurer's receipt therefor.
SEC. 8. That it shall be the duty of the tribunal transacting county
business to require the collector to settle with said court at each and
every regular term of the court in Clackamas County.
SEC. 9. The collector of the revenue shall make full payment into the
treasury on or before the first Monday in December in each year.
SEC. 10. The revenue of Oregon shall be collected in specie or available
orders on solvent merchants in Oregon.
SEC. 11. That all acts and parts of acts contrary to this act be, and
the same are hereby, repealed.
SEC. 12. This act to take effect from and after its passage.
M. M. MCCARVER, Speaker.
Attest: J. E. LONG, Secretary.
_Oregon Territory, Tualatin District, United States of America, May 1,
1844._
Charles E. Pickett, plaintiff, in the name of Oregon Territory,
threatening to incense the Indians, _against_ Saul, a man of color.
Complainant's oath and warrant issued, directed to J. L. Meek, sheriff,
and summons for three witnesses, viz.: James Conner, William Hill, and
Mr. Bird.
May 3.--Sheriff made his return with defendant and witnesses, and jury
of good and lawful men, viz., Philip Foster, W. C. Dement, J. W.
Nesmith, John McCaddan, C. Spencer, and S. W. Moss, being duly sworn,
returned a verdict of guilty of the charges alleged to him, and signed
their names, viz.: Philip Foster, J. W. Nesmith, William C. Dement, John
McCaddan, Chauncey Spencer, and S. W. Moss.
Two witnesses, viz., William Hill and Mr. Bird, of lawful age, being
duly sworn, did depose and say: that the threats in the deposition of
Charles E. Pickett were correct; and that the Indians had come in a
menacing manner; and that Saul said he would stand for the Indians'
rights; and that he (Saul) was armed and prepared to do so; and that the
Indians would burn and destroy his house and property. The charges being
of a higher character than the Oregon laws have cognizance of, judgment
is, that the United States sub-Indian agent, Dr. Elijah White, is the
proper officer to take cognizance of him; and he, Saul, a man of color,
be forthwith delivered into said agent's hand; which was forthwith done.
ROBERT MOORE, Justice of the Peace.
The criminal was received and kept in custody for some weeks; but having
no prison-house or jail to lodge him in, and the captain absolutely
declining taking him on board his vessel, after the storm had blown over
I suffered and encouraged him to leave this place, and stop with one of
the mission families for the present, at the mouth of the Columbia.
Though unsuccessful in getting employment as I had hoped, he remains in
that vicinity with his Indian wife and family, conducting, as yet, in a
quiet manner, but doubtless ought to be transported, together with every
other negro, being in our condition dangerous subjects.
Until we have some further means of protection, their immigration ought
to be prohibited. Can this be done?
E. WHITE, Sub-Agent.
TERRITORY OF OREGON,}
} _ss._
DISTRICT OF TUALATIN.}
Charles E. Pickett, being duly sworn, says, that Saul (a man of color),
of said Territory, has threatened to incense the Indians against his
person and property, to destroy the same; and that he, the said Charles
E. Pickett, verily believes that, unless measures are taken to prevent
him, there are sufficient grounds to apprehend that he will carry those
threats into execution.
Sworn to and subscribed this 1st day of May, 1844, before me,
ROBERT MOORE, J. P.
We, the jury, find the prisoner guilty of the charges alleged against
him.
PHILIP FOSTER,
J. W. NESMITH,
WM. C. DEMENT,
JOHN MCCADDAN,
CHAUNCEY SPENCER,
S. W. MOSS.
* * * * *
OREGON, WALLAMET VALLEY,}
April 4, 1845.}
----Starting too late, and the winter rains setting in earlier than
usual, subjected the immigrants to incredible suffering and hardships,
especially from the Dalles of the Columbia down to the Wallamet Valley;
but our early and delightful spring is exerting a cheering and most
salutary influence upon their hitherto depressed spirits. They have,
bee-like, been hived up in Oregon City during the winter, and are now
swarming, to the entire satisfaction of the first occupants of the hive,
it not being wide and large enough for such an unexpected increase. The
last immigration, numbering about a thousand, are generally pleased with
the country, and are setting about their spring work with becoming
spirit and fortitude.
The Indians of this lower country, whose national honor and dignity are
laid in the dust, are looking upon the rapid growth and increased
strength of the whites with sorrowful countenances and sad hearts. The
present state of things between us and them is peculiar, critical,
unenviable, and dangerous, at least, so far as peace and property are
concerned.
For instance, in proof: Soon after I sent my last dispatches, the chief
of the Tualatin Plains, whose orderly conduct and that of his clan did
honor to the Nez Perce laws, and the engagement we had mutually entered
into, called on me, desiring my offices in procuring the mending of his
gun. This being done, he invited me to come and see him and his people;
said all was not right at his lodge; his tribe was divided, and all was
not right; his influence was waning, and some of his people were
becoming very bitter toward the Americans. Observing anxiety and mental
reservation, I endeavored to draw out the secret, reminding him of the
frequent communications he had brought me from the Rev. Messrs. Clark
and Griffin, bearing such satisfactory testimony to their previous
quiet, orderly, and proper conduct, etc., but all I could learn was,
"Things are not right with us, and we are miserable."
The _camass_, their principal dependence for food, was cut off last
season by reason of drought; and the deer are hunted so much by the late
hungry western immigrant riflemen, that they have become wild, poor, and
few in number. The chief left.
A few days after, I learned they had killed an ox and ate it, belonging
to a neighboring white man. The owner was excited, and applied to one of
the executive; a proclamation was issued, the military was called out
(if it be lawful to call it such), and ample preparations made to avenge
this national insult, and seek redress for this astounding loss. The
army collected upon the opposite bank of the river, about six miles from
the position occupied by the enemy, talked bravely, long, and loud, but
the river was a little too high to cross that day; appointed another,
the river being lower; none of the warriors appeared; nor could the
executive, or owner, simply for the want of a few gallons of alcohol,
obtain the necessary assistance to avenge the horrid wrong, and perform
a brilliant military exploit. The chief, in his embarrassment and
distress, came to me as usual for sympathy and succor. My coldness and
look of severity (for which Heaven forgive me!) keenly afflicted him.
After a deep sigh and painful pause, peculiar to a wounded or injured
Indian, he slowly rose, gently smiting his breast, and said, "Dr. White,
I am a true man, and carry an honest heart. Do you remember my coming to
get my gun mended last fall? Do you remember my words, that all was not
right with our people, and my inviting you to come and see us? We had
just before killed that old ox, and were then eating it." I inquired,
"Had you any thing to do with it personally?" "Yes, I helped to kill it,
and, with my family, took and ate one-half of the animal. You saw the
condition of my gun;--our provisions were out; I and others had hunted
for two days,--our hunger was great. We held a council; and, hoping for
success, I promised, on condition nothing was caught till the setting of
another sun, we would kill the first animal we met. I traveled far, and
wearied myself till evening; shot often but killed nothing;--we met this
poor old ox, which our people would scorn to kill or eat but in case of
extreme hunger;--my word was passed to my people; I could not go back
from my word; I helped to kill and butcher the ox, and joined in eating
him; and now my peace is gone. I am ashamed to see a white man's face;
they look cold on me and shake the head;--I can not bear it--I can not
live so; I come to you to help me, for I am told they want to kill me. I
do not want such feelings to exist; nor do I want to be hunted as a bear
or wild beast, for slaughter. I stand here a wisher of peace, willing to
have you dictate the terms; but wish to have it remembered that we were
distressed with hunger." "Suppose," said I, "the owner should require
your rifle and four horses?" "You stand to judge between us, and I
shall abide your decision." "But you have broken your engagement and
forfeited confidence, and I fear it can not be settled, and some think
you have killed before." "Dr. White, I am a true man, and lie not. I,
nor my people, can not be so accused justly; this is injurious; none can
meet my face and say it." I wrote, through him, to the owner, praying,
as it was the first offense so far as we had the least evidence, and
especially in view of our critical situation and his general good
behavior, that he would fully indemnify himself; and then, in view of
what I knew of the condition of his gun, and the probability that it was
induced by hunger, to settle it; and requested him to assure the chief
that he was convinced from my letter and all the circumstances, in
connection with his past good conduct, that it must have been brought
about by hunger.
The advice was rejected, as the laws of the organization now had
cognizance of the offense, and he wished to see them faithfully
enforced. Public opinion became divided, and no judicial expression
being made, and the poor chief becoming excessively tired of being held
by public opinion in durance vile, came to see me a second time. I wrote
again, and learned it was settled by the chief and his people paying his
rifle and eight horses. If this be correct (as I fear it is), I
abominate the act and dread its prejudicial influence.
Week before last a hungry and mischievous lodge killed a cow. They were
pursued by a party of whites, overtaken, and, in attempting to take
them, the Indians fired upon the whites, killing one horse, and wounded
another. The fire was returned; one Indian killed, and a second wounded.
Thus ended this affair, which creates very little excitement among
whites or Indians.
The most painful circumstance that has occurred lately, transpired last
fall at California. The Cayuses, Wallawallas, and some of the chiefs of
the Spokans, entered upon the hazardous but grand and important
enterprise of going directly through the Indian country to California,
with a view of exchanging their beaver, deer, and elk skins, together
with their surplus horses, for neat stock. As they had to travel through
an extensive country inhabited by the savage and warlike Klamaths and
Shastas, where Smith, Turner, and so many other white parties had been
defeated, we are at a loss to conclude whether their valor is more to be
commended than the rashness of their stupendous enterprise to be
censured. They were well mounted and equipped; the chiefs clad in
English costume, and the residue attired in dressed skins, molded
according to their several tastes. The journey of seven or eight hundred
miles, after some fighting, watching, and much fatigue, was
accomplished, and their numbers not lessened.
Taking their own statement, their reception was cordial, and the
impression made upon the whites by these distant and half-civilized
people, upon an errand so commendable, was most favorable. The treating
and salutations being over, the trade commenced in good faith, and to
mutual satisfaction. All moved on well, till, on an excursion to procure
elk and deer skins, they met a marauding band of mountain freebooters;
fought them, and, being victorious, took a prize of twenty-two horses,
all previously stolen from the whites.
On returning to the settlements, the Spaniards laid claim to the
animals. The chiefs remonstrated, and said, agreeably to their customs,
the horses were theirs. The Spaniards explained their laws, and showed
the animals not to be vented, _i.e._, bearing a transfer mark, and told
the Indians they must give them to the rightful owners, as all Americans
and others did. The Indians seemed grieved and rather incensed; said in
their country six nations of people were on terms of amity, and that in
case any one of these six nations stole a horse, the tribe was
responsible for the safe delivery of that animal to the rightful owner;
but in case the Blackfeet or other formidable enemy steal or capture,
the properly is supposed lost, without redemption; and as we have
captured these horses at the hazard of our lives, from your long openly
declared enemies, we think they ought in justice to be ours. The
Spaniards condescended to offer ten cows for the redemption of the
horses; the chief not replying, five more were added; he still remaining
moody and without replying, the negotiation unhappily broke off. A day
or two after, an American, seeing his mule among the number captured,
told the Indians it was his mule, and have it he would. "Will you?" said
a young chief by the name of Elijah Heading; and stepping into the
lodge, he immediately loaded his rifle, came out and observed
significantly, "Go now and take your mule." The American, much alarmed,
remarked, "I hope you are not going to kill me." "No! I am going to
shoot yonder eagle" (perched upon a neighboring oak). Not liking the
appearances, the man left without attempting to obtain his mule. A day
or two after, the Indians left their encampment and walked down to the
fort of Captain Sutter to church; and from the best information we have
obtained (all being _ex parte_), the following appears to be near the
truth: After service Elijah was invited into another apartment, taking
with him his uncle, a brave and sensible chief of the age of five and
forty; while there, in an unarmed and defenseless condition, they
commenced menacing him for things alleged against the river Indians of
this upper country, in which none of them had any participation; called
them indiscriminately dogs, thieves, etc. This American then observed:
"Yesterday you were going to kill me; now you must die"--drawing a
pistol. Elijah, who had been five or six years at the Methodist Mission,
and had learned to read, write, and speak English respectably, said,
deliberately: "Let me pray a little, first;" and kneeling down, at once
commenced; and while invoking the Divine mercy, was shot through the
heart or vitals dead upon the spot. Every measure, as the Indians say,
was taken to cut them all off by the Spaniards, who brought out the
cannon, with other fire-arms, and hotly pursued them, and tried to
prevent their escape by checking and interrupting their passage across
the ferries, etc. But at length they all arrived safely, after manifest
suffering, leaving the herds they had paid for in California.