ART. 4. _Every free male descendant of a white man_, inhabitant of this

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.

A History of Oregon, 1792-1849 Drawn From Personal Observation and Authentic Information · 第 72 / 77 章