They met three Americans on the way as they left the California

settlements and had them in their power, but instead of revenging the

death of Elijah, they mounted each on a horse of their own, and sent

them on, telling them to go to the fort and acquaint the people that

they could not kill innocent white people in their power and lodge.

Taking for truth an Indian report, this horrible affair creates

considerable excitement, and there is some danger of its disturbing the

friendly relation that has hitherto existed between us here, and all

those formidable tribes in the region of Wallawalla and Snake River.

They had no sooner arrived, than Ellis, my interpreter, the high chief

of the Nez Perces, was deputed to come down and learn our opinions

regarding the affair. They could not have sent a better agent, the

whites all giving him a handsome and cordial reception. From Wallawalla,

he accompanied Mr. Grant, the chief trader at Fort Hall, down to

Vancouver. He called on Dr. McLaughlin, whose great experience and

address were serviceable. He spoke touchingly of the violent death of

his own son upon the northwest coast, and left the impression that he

could not avoid sympathizing with the father and friends of the deceased

young chief. Mr. Douglas, too, an early friend, patron, and favorite of

Ellis, aided much in convincing him that all the good and virtuous could

not avoid the most painful regrets at so melancholy a circumstance,

which must have occurred by reason of the difference in their customs or

laws, imperfectly understanding each other, or from some, as he would

charitably hope, excusable circumstance.

Under the influence of this salutary language and interview, Ellis

arrived at my residence, in Wallamet, about the 1st instant, having, a

short time before, got a hasty communication, written in excitement,

from Dr. Whitman, who was under serious apprehensions that it might be

avenged upon some of the whites of the upper country. Be assured I was

happy to see this my most faithful friend and interpreter. Sir, pardon

me for saying--isolated as we are here, agitated as we have a thousand

times been by faithless savages and still more faithless whites,

responsible, yet powerless and defenseless, in our unsettled state of

things--to meet with this honest man, this _real_ friend, though an

Indian, gave me hearty pleasure.

His thorough education at Red River molded him into more of the white

man than Indian. His prudence and good management with his tribe

sanctioned the choice that had been made, and all the whites spoke

handsomely of his kind offices and obliging deportment, while

immigrating through his country. Being satisfied of the safety and

policy, I feasted him, and took at once unobserved measures to have him

invited to every respectable place abroad, where the ladies and

gentlemen received him so cordially, and feasted him so richly and

delicately, that he almost forgot the object of his embassy, and, I

verily believe, thought extremely highly of the whites of Wallamet,

however ill he might have thought of the conduct of the Californians.

Being anxious to make this visit useful to him and his people, as well

as pleasant, after spending a few days in visiting the schools, as well

as the principal inhabitants and places of interest, I showed him my

little library; told him to make himself at home; put on my farmer's

garb and commenced working upon my plantation. He soon came out,

accompanied by a wealthy cousin, and begged for tools to assist me. I

loaned them, and found he was much at home in their use. He spent with

me a sufficient length of time to convince me of the truth reported

concerning his cheerfulness in labor, as well as his knowledge,

application, and assiduity in business. He spoke sensibly of the

advantages of industry, and the astonishing change that had been

effected among his people by the cultivation of the soil; assured me

that every family or lodge now raised an abundance for home consumption,

besides having considerable quantities to barter with the whites. He

says he raised, himself, the past season, six hundred bushels of peas,

with a fine crop of wheat, potatoes, beans, etc.; spoke properly of its

moral and social effects. Wars were no longer talked of, and the chase

was nearly abandoned; the book and the Bible consumed their leisure

moments. Polygamy, once so common, was now done away with, except in two

solitary cases, and not a lodge of his people but observed the Sabbath,

and regularly attended morning and evening devotion. This was only

corroborative of what I had previously heard from other sources. He

spent ten days with me in the most cheerful, agreeable, and profitable

manner, and at the close I felt myself the happier and better for the

visit; nor did I marvel that his influence was increasing and the

prospects of his people brightening.

Pardon me, for, in thinking of his visit and dwelling upon his

excellences, I had like to have forgotten his agency. Learning from Dr.

Whitman, who resides in their midst, how much they were all excited by

reason of the treacherous and violent death of this educated and

accomplished young chief, and perhaps more especially by the loss they

had sustained; and then, after suffering so many hardships and

encountering so many dangers, losing the whole,--I apprehended there

might be much difficulty in adjusting it, particularly as they lay much

stress upon the restless disaffected scamps late from Wallamet to

California, loading them with the vile epithets of "dogs," "thieves,"

etc., from which they believed, or affected to, that the slanderous

reports of our citizens caused all their loss and disasters, and

therefore held us responsible. He assured me that the Cayuses,

Wallawallas, Nez Perces, Spokans, Ponderays, and Snakes were all on

terms of amity, and that a portion of the aggrieved party were for

raising about two thousand warriors of these formidable tribes and

marching to California at once, and, nobly revenging themselves on the

inhabitants by capture and plunder, enrich themselves upon the spoils;

others, not indisposed to the enterprise, wished first to learn how it

would be regarded here, and whether we would remain neutral in the

affair. A third party were for holding us responsible, as Elijah was

killed by an American, and the Americans incensed the Spaniards. Ellis

reminded me at the same time of the ill-success the chiefs met with in

trading off their ten-dollar drafts for herds with the immigrants; which

drafts I had sent up by Mr. Lee, my interpreter, to secure peace and

safety while the immigrants were passing through their country, the year

before so many having been pillaged and robbed of their effects, through

the inattention of the chiefs.

Sir, how this affair will end is difficult to conjecture; the general

impression is, that it will lend to the most disastrous consequences to

the Californians themselves, or to the colony of the Wallamet Valley. My

principal fear is, that it will result in so much jealousy, prejudice,

and disaffection, as to divert their minds from the pursuit of

knowledge, agriculture, and the means of civilization, which they have

been for such a length of time so laudably engaged in obtaining.

Should this be the case with these numerous, brave, and formidable

tribes, the results to them, and to us, would be indeed most calamitous.

To prevent such a result, I wrote, through Ellis, a long, cordial, and

rather sympathizing letter to the chiefs of these tribes, assuring them

that I should at once write to the governor of California, to Captain

Sutter, and to our great chiefs respecting this matter. With a view to

divert attention, and promote good feeling, I invited all the chiefs to

come down in the fall, before the arrival of the immigrants, in company

with Dr. Whitman and Mr. Spalding, and confer with me upon this

subject; at the same time, as they had been so unfortunate, to bring

along their ten-dollar drafts, and exchange them with me for a cow and

calf each, out of my own herds. I likewise wrote them, that on condition

they would defer going to California till the spring of 1847, and each

chief assist me to the amount of two beaver skins, to get a good manual

labor literary institution established for the English education of

their sons and daughters (a subject they feel the deepest interest in),

I would use every measure to get the unhappy affair adjusted; and, as a

token of my regard for them, would, from my private funds, give the

chiefs five hundred dollars, to assist them in purchasing young cows in

California. I likewise proffered, as they are so eager for it, to start

the English school next fall, by giving them the services of Mr. Lee, my

interpreter, for four months, commencing in November next.

Ellis more than properly appreciated my motives and proffers, and said

he was of the full belief the chiefs would accede to my proposition;

spoke of the importance of the English school, and of the strong and

general desire to obtain it. He left in high hopes of a continuance of

peace and onward prosperity to his people.

A few days later brought me into another excitement and difficulty at

Vancouver. Two young men, named in McLaughlin's communication to this

government (a copy of which, marked A, together with a reply,

accompanies these dispatches), crossed the Columbia River, and,

unobserved, in the midst of a little thicket something over half a mile

from Fort Vancouver, felled some timber, threw up a few logs in the

shape of a hut, intending soon to finish it, put up a paper upon a

contiguous tree, stating that they had commenced and intended to

establish a claim agreeably with ----; here the note ended. Some one

about the establishment, observing the paper and commencement of the

hut, reported it to the governor, who sent down at once and had all the

timber removed from the vicinity, the tree felled, and that, with the

paper likewise, removed. They had hardly cleared the ground when the

claimants arrived with a surveyor, and commenced surveying off a section

of land, embracing the post first commenced upon. They were inquired of,

at the instance of Governor McLaughlin, as to their object and

intentions. They at once laid down the chain, dropped all business, and

walked up to the fort. Several respectable and influential American

citizens happened to be present on business, who, with myself, were

respectfully invited to hear the discussion.

Williamson, a modest and respectable young man, demeaned himself with

propriety; but Alderman, his associate, a boisterous, hare-brained young

fellow, caused me (as occasionally others do) to blush for American

honor. His language was most severe, and, but for the sake of the

country's quiet, could not have been endured; the governor and Mr.

Douglas displaying their usual calmness and forbearance. I heard the

discussion for two hours; and, becoming satisfied that no possible good

could grow out of it, remarked that with the cheerful consent of both

parties I would give my sense of the matter.

Each readily consenting, I thought best to come up on the blind side of

Alderman; treated his measures with less severity, and himself with more

consideration and respect, than he anticipated; then spoke of

Greenough's construction of the treaty between the two governments

(which I happened to have with me); of the immense district of country

dependent upon this establishment for supplies in beef, pork, etc., and

as evidence that they had no more land contiguous than was necessary for

their purposes, spoke of the number of cattle and other stock that had

died of starvation during the last winter; dwelt upon the importance of

union and good feeling among all the whites, surrounded as we were by

savages, in our weak and defenseless condition, and especially of the

propriety of establishing correct precedents in our unsettled state,

regarding land claims; and, without advising particularly either party,

took my seat.

Williamson and Alderman soon manifested a desire for a private

interview, which resulted in a suspension of hostilities for the

present, and probably an abandonment of the claim.

Now, my dear sir, suffer me to write a few things concerning this

country, which seemed to me strongly to demand the speedy attention of

the members of our government. Take fifty men from the colony, of the

most intelligence, firmness, and prudence, and anarchy and confusion

follow. Suffer a free introduction of ardent spirits, and desolation,

horror, dismay, and bloodshed ensue. Never were a people more illy

prepared for self-government, nor more unfavorably circumstanced to

succeed,--aside from the single fact of the absence of all intoxicating

drinks.

Sir, too great a portion of our population comes from the western

suburbs of civilization, for one moment's safety to us in our present

condition. I know not but I have as much patience as most men, but am

heartily tired of this state of things. Nor would I run the risk again,

by land and water, from whites and savages, for the safety and quietness

of the colony and country, for all the wealth of earth. I have not

shrunk from toil, danger, nor hardships, and though alone-handed and

unsustained, black-balled and traduced, astonishing to say, my measures

have yet succeeded. I think of the past with a clear conscience, yet at

present, at peace as we are, I look upon our critical condition with an

anxious, aching heart, feeling that the members of our government err

exceedingly toward their citizens in Oregon.

As I have so often said of this lower country, with its beauty,

excellence of soil, and mildness of climate, it might be rendered the

paradise of earth; but, sir, every thing is jeoparded by the tardiness

of our government measures; not only the poor, injured natives, but the

whites generally, have become wearied to impatience in waiting for an

expression from our government, and disaffection, with a want of

confidence, is taking the place of previous warm feeling and strong

attachment.

I regret this exceedingly, but feel it my duty to speak out in truth and

distinctness upon this important point. I have said and done what I

could to keep up confidence and hope; but already demagogues are

haranguing in favor of independence, and using the most disparaging

language regarding the measures of our government as a reason for

action. These are but the beginnings, and, though I am glad to say such

sentiments do not generally obtain, yet they are more favorably listened

to this year than last; their natural results and practical tendency you

will readily perceive.

Your annual report of 1843 reached me only a few days since, having been

broken open on the way, then put into the hands of Indians, and

forwarded to me through that channel. And while I have to regret never

having received any thing from your pen, be assured I am not insensible

to the honor done me, in speaking as you did of my report, through yours

of 1843 to the Secretary of War. I feel any kind expression from home

the more sensibly, from the torrent of opposition I have been forced to

meet and contend with here; but am happy to observe that my influence is

increasing, and my measures are being better understood and appreciated.

Influence here is most important; I felt this strikingly a few weeks

since. Three among the most correct and sensible men of the colony

formed a co-partnership to enter largely upon the brewery business. They

had already taken some steps; and as the business promised to be

lucrative, the probabilities were against me in attempting to dissuade

them from their purpose. I visited them, labored calmly, honestly, and

faithfully, and felt the difference dealing or talking with men of sense

and principle, over many with whom I have to do in Oregon.

The interview broke up most agreeably, not an unpleasant sentence having

passed; the gentlemen engaging to give me their decision very soon. This

was communicated to me two days after, in a delicate and handsome

manner, which was entirely to my wishes, the business being altogether

abandoned. This was most gratifying to me, as from such a quarter

should beer be introduced, it would be impossible for us to prevent the

introduction of stronger drink into the colony and country, which, of

all others, is most illy prepared to receive it.

The colony, now numbering about four thousand, is in a most flourishing

state, and I am doubtful if any like number are more pleased or better

contented in our wide domain. The schools of the country during the last

winter have been well sustained; I have contributed to each, as was

necessary, from ten to fifteen dollars, to pay rents, etc., and to

encourage them forward in their laudable struggle to educate their

rising families.

I attended the examination of the Methodist Institute school a few weeks

since, and was most agreeably impressed regarding the institution.

The pleasant deportment and improved manners of the young ladies and

gentlemen of the school, saying nothing of their astonishing advancement

in the different departments of literature, was a cause of the highest

gratification. I have nowhere attended an examination, taking all things

into the account, more creditable to the principal or institution. I

have called for a report, but am sorry it has not yet come to hand.

The branches taught are rhetoric, grammar, geography, arithmetic,

reading, writing, and spelling. The most enlightened and best disposed

are using their influence to strengthen the organization, and perfect

the laws of the colony. Many are favorable to the adoption of a

constitution, by calling a convention for that purpose the present

season. This being the most enlightened sense, and meeting with little

opposition, I am of the opinion it will prevail. Should this be

effected, the constitution, accompanied with a petition, will probably

be forwarded by a delegate from this country to Washington City the

coming winter. As the friends of the constitution generally wish best to

the country, and desire to have every thing so conducted as not to

embarrass, but to meet with acceptance at home, I am solicited to be

said delegate, and represent the wants of Oregon. A circulating medium

is greatly needed; however, the enterprise and onward march of this

people can not easily be repressed. Through the auspices of the Hudson's

Bay Company almost every man, requesting and needing it, is helped to

sufficient means to commence upon his section of land; and, certainly,

by far the greater number give evidence of well-placed confidence. The

prairies are dotted over with houses, and the fruitful fields are

spreading out widely all around us. Moral and religious influence, I

regret to say, is waning; yet it is gratifying to observe an increasing

interest upon the subject of schools and education; and I am happy to

say we have now eleven schools this side the mountains, most of them

small, to be sure, but they are exerting a salutary and beneficial

influence.

Pardon the length and want of interest of my report. Did not duty hold

me here, or had I funds appropriated to travel abroad to explore this

delightful region of surrounding country, from what I learn of vague

reports I have little doubt but much interesting, curious, and important

information might be collected. But here I am, doomed to sit, watch, and

sometimes almost _fight_ for peace between whites and Indians--the

question of right and wrong becoming more and more complicated

continually; while here, allow me to say, the settling these

difficulties necessarily costs me not a little. I believe most fully, in

making a settlement with an Indian or tribe, to have it a happy,

earnest, and hearty one; and, in order to effect this, they require a

present as a seal. And, sir, this is my principal means of usefulness or

influence over these poor, and, in many instances, injured natives.

Their seeming confidence and regard makes one the more patient and

cheerful in doing for them; nor can I complain, as so many east of the

mountains have been obliged to, of violated faith on the part of the

Indians. From all I can learn, on much of which little reliance is to be

placed, there appear to be about forty-two thousand Indians in the

Territory, allowing it to extend to 54 deg. 40' north latitude.

Mr. Lee's (my interpreter) report accompanying this you will observe. I

would have accompanied him but for the season of the year, and the

prevalence of the dysentery, which is sweeping off the poor natives of

this lower country. This gave rise to Dr. Long's bill, which, I hope,

will be honored, as it was a work of humanity as well as policy. I

directed it, as I could not possibly attend to those and these at the

same time, there being forty miles between us.

I hope, Providence permitting, to have the pleasure of seeing you and

the other gentlemen of the departments, at Washington, in a few weeks,

or months at longest, after this reaches, and of explaining my accounts

and reasons for expenditures.

I had not expected to draft on the department this spring; but there

were no other means of settling with Governor McLaughlin, for the want

of a circulating medium through which to operate.

Inclosed is a letter from Peter H. Burnett, Esq., which I proposed

forwarding in my last dispatches, but received too late for

transmission.

With great respect, I am, dear sir, your most humble and obedient

servant,

ELIJAH WHITE,

Sub-Agent Indian Affairs, W. R. M.

_To the Citizens of Oregon:_

GENTLEMEN,--We take the liberty of informing you that a person named

"Henry Williamson," some time about the 15th of February, this year,

took the liberty of erecting on the premises of the Hudson's Bay Company

a few logs, in the form of a hut, and wrote a notice upon an adjoining

tree that he had taken a section of land there. This was done without

our knowledge or consent, within a few hundred yards of a house occupied

by one of the Hudson's Bay Company's servants, and within the limits of

their improvements. As soon as we were informed of that proceeding, we

had the tree cut down and the logs removed, in order to prevent any

future difficulty with a person who had, in a manner so unjustifiable,

intruded on the Hudson's Bay Company's premises.

The Hudson's Bay Company made their settlement at Fort Vancouver under

the authority of a license from the British government, in conformity

with the provisions of the treaty between Great Britain and the United

States of America, which gives them the right of occupying as much land

as they require for the operations of their business.

On the faith of that treaty, they have made a settlement on the north

bank of the Columbia River; they have opened roads and made other

improvements at a great outlay of capital; they have held unmolested

possession of their improvements for many years, unquestioned by the

public officers of either government, who have, since the existence of

their settlements, repeatedly visited it; they have carried on business

with manifest advantage to the country; they have given the protection

of their influence over the native tribes to every person who required

it, without distinction of nation or party; and they have afforded every

assistance in their power toward developing the resources of the country

and promoting the industry of its inhabitants.

The tract of land they occupy, on the north bank of the Columbia River,

is indispensable to them as a range for their flocks and herds, but

otherwise of little value, being in part inundated every summer by the

waters of the Columbia, and in part unimprovable forest land.

Occupying the said tract of land by the authority of law, and under the

protection of the British government, they can not submit to the

infringement of rights so acquired; and we, as their representatives,

are bound to use every means sanctioned by the law which governs us

against all trespassers on their premises, until otherwise directed by

orders emanating from the Hudson's Bay Company.

Permit us to assure you, gentlemen, that it is our earnest wish to

maintain a good understanding, and to live on friendly terms with every

person in the country. We entertain the highest respect for the

provisional organization; and knowing the good it has effected, as well

as the evil it has prevented, we wish it every success, and hope, as we

desire, to continue to live in the exercise and interchange of good

offices with the framers of that useful institution.

The advantages of peace and harmony, of the support and maintenance of

established rights, must be as evident to every member of the community

as the evils flowing from a state of lawless misrule.

With these considerations before us, we feel confident that every person

who desires the well-being of the country, who wishes to see it

prosperous and flourishing, will unite in putting down every course

which may have a tendency to disturb the public peace, and in promoting,

by every means in his power, the cause of justice, obedience to the

laws, and mutual accommodation.

With a fervent prayer to the Divine bestower of all good for the

happiness and prosperity of every individual in the country, we have the

honor to be, gentlemen, your obedient servants,

JOHN MCLAUGHLIN.

JAMES DOUGLAS.

* * * * *

VANCOUVER, March 18, 1845.

GENTLEMEN,--I am sorry to inform you that Mr. Williamson is surveying a

piece of land occupied by the Hudson's Bay Company, alongside of this

establishment, with a view of taking it as a claim; and as he is an

American citizen, I feel bound, as a matter of courtesy, to make the

same known to you, trusting that you will feel justified in taking

measures to have him removed from the Hudson's Bay Company's premises,

in order that the unanimity now happily subsisting between the American

citizens and British subjects residing in this country may not be

disturbed or interrupted. I beg to inclose you a copy of an address to

the citizens of Oregon, which will explain to you our situation and the

course we are bound to pursue in the event of your declining to

interfere.

I am, gentlemen, your obedient humble servant,

J. MCLAUGHLIN.

WILLIAM BAILEY,

OSBORNE RUSSELL,

P. G. STEWART,

Executive Committee of Oregon.

[The above documents must be considered a full declaration of war by the

Hudson's Bay Company, as all future operations of theirs were merely

preparatory to the final consummation and attack that was made through

the Cayuses. The answer of our Executive Committee acknowledged treaty

rights that did not exist, as neither the sovereignty of the soil, nor

the boundary line, were settled, hence the joint occupancy of both as

per treaty was good.]

* * * * *

OREGON CITY, March 21, 1845.

SIR,--We beg to acknowledge the receipt of your letters,--one dated 11th

of March, and the other 12th of March,--accompanied with an address to

the citizens of Oregon.

We regret to hear that unwarranted liberties have been taken by an

American citizen upon the Hudson's Bay Company's premises, and it

affords us great pleasure to learn that the offender, after due

reflection, desisted from the insolent and rash measure.

As American citizens, we beg leave to offer you and your much esteemed

colleague our most grateful thanks for the kind and candid manner in

which you have treated this matter, as we are aware that an infringement

on the rights of the Hudson's Bay Company in this country, by an

American citizen, is a breach of the laws of the United States, by

setting at naught her most solemn treaties with Great Britain.

As representatives of the citizens of Oregon, we beg your acceptance of

our sincere acknowledgments of the obligations we are under to yourself

and your honorable associate for the high regard you have manifested for

the authorities of our provisional government, and the special anxiety

you have ever shown for our peace and prosperity; and we assure you that

we consider ourselves in duty bound to use every exertion in our power

to put down every cause of disturbance, as well as to promote the

amicable intercourse and kind feelings hitherto existing between

ourselves and the gentlemen of the Hudson's Bay Company, until the

United States shall extend its jurisdiction over us, and our authority

ceases to exist.

We have the honor to be, sir, your most obedient servants,

OSBORNE RUSSELL.

P. G. STEWART.

JOHN MCLAUGHLIN, Esq.

* * * * *

TUALATIN PLAINS, November 2, 1844.

DEAR SIR,--Your communication of the 20th October, 1844, was duly

received, and a press of business has delayed my reply till now.

In relation to the subject of inquiry contained in your letter (being

the natural resources of Oregon), I can truly say that I entertain a

very high opinion of the great and decided advantages bestowed by nature

upon this most interesting and beautiful portion of our globe.

Our facilities for commercial enterprise are most decided, as the

rapidly increasing commerce of the great Pacific lies at our very door.

The climate of this country is more _equable_, subject to fewer extremes

than any, perhaps, in the world. I have been here about one year, and

have found it most delightful, and I can truly say that it is the most

healthy country I have ever lived in. During the present year, I have

scarcely heard of a case of fever in the whole country. The timber of

Oregon is indeed most superior, and constitutes a large portion of its

wealth; and we have not only the tallest, finest timber in the world,

but we have everywhere water power to any desirable extent, suitable for

propelling all kinds of machinery.

The soil of this country is most excellent, and can be prepared and

cultivated with less labor than that of any other country. Wheat is the

great staple of the world, and as a wheat-growing country, this ranks in

the very first class. The crop is not only of the _best quality, but is

always large, and there is no such occurrence as a failure of the wheat

crop_. For potatoes, melons, turnips, and garden vegetables generally,

our soil is superior. Indian corn does not succeed well, and in fact we

have no use for it, as our cattle live all the year upon the natural

pastures of the country. Since I have been here, I have been myself

engaged in farming occupations, and I have been astonished at the very

small amount of labor required to cultivate a farm. Potatoes are

planted, and nothing more is done to them until they are ready for

digging, when they are not dug, but generally turned up with the plow.

Peas are sown broadcast, like wheat, and are neither staked nor

cultivated, and produce in great abundance. Plowing is done here from

the month of September until July, and wheat is sown from October to

May, and potatoes are planted in March, April, and May. A team of two

horses, with a very light, easy plow, can break prairie land, but a team

of two yoke of oxen is most generally used. I am informed that timothy,

clover, and blue grass all grow well in the soil of Oregon. For

pasturage this country is pre-eminent. Horses, cattle, and sheep require

neither feed nor shelter, and keep fat all the year round. Hogs are

raised here with partial feeding, and pork is generally fattened upon

wheat, and finer pork I never saw anywhere.

I omitted to mention in its appropriate place that our harvesting

commences about the 20th of July, and continues throughout the month of

August; and during the present year we had no rain from about the 1st of

July to the 15th of October, so that we had the finest weather for

saving our crops imaginable.

One thing that strikes the beholder of this country with greatest force,

is the unsurpassable beauty of its scenery. We have snow-clad

mountains, beautiful valleys, pure, rapid streams running over pebbly

beds, with numerous cascades and waterfalls, and trees of superior

grandeur and beauty.

The government of Oregon has grown up from necessity; and perhaps no new

organization has been adopted and sustained with so much unanimity and

good order. Every circumstance has tended to strengthen it. I attended

the last term of the Circuit Courts in most of the counties, and I found

great respect shown to judicial authority everywhere, and did not see a

_solitary drunken juryman, or witness, or spectator_. So much industry,

good order, and sobriety, I have never observed in any community. Our

population seem to be exceedingly enterprising, and is making rapid

progress to comfort and wealth. As yet, we have had no murders, no

robberies, thefts, or felonies of any kind, except one assault with

intent to kill. Our grand juries have exhibited very laudable assiduity

in discharging their duties, and criminals here will meet with certain

and prompt punishment.

Nature has displayed here her most magnificent powers, and our country

has its full share of natural advantages. Our prospects are most

brilliant. If we can keep out intoxication, _and we will do it_, half a

century will not roll away before there will exist in Oregon one of the

most industrious, virtuous, free, and commercial nations in the world.

I have already protracted this communication beyond its appropriate

length, and will now close it by subscribing myself,

Yours, etc.,

PETER H. BURNETT.

Dr. E. WHITE.

* * * * *

WALLAMET, OREGON, April 4, 1845.

SIR,--I have the honor and happiness of informing you, and through you,

if it be your pleasure, the American public, that measures have been

taken by myself and the citizens in this colony, to open a wagon route

through from the upper part of this valley, the present season, directly

to Fort Hall, or Green River; the pilot returning and escorting the

immigrants through the much shorter, easier, and every way more

advantageous route. The immigrants will thereby be enabled to bring with

them their herds, wagons, and all their effects at once directly into

the heart of the Wallamet Valley; saving thereby an immense amount of

toil, hardship, and suffering, saying nothing of the necessary

destruction and increased danger of the other route.

Your humble and obedient servant,

E. WHITE,

Sub-Agent Indian Affairs, W. R. M.

The messenger is leaving.

* * * * *

OREGON CITY, March 4, 1845.

_Dr. E. White:_

SIR,--In compliance with the request you made to me, that I should

notice and communicate to you whatever I might deem of interest during

my visit, in your employ, to the various Indian tribes east of the

Cascade Mountains, bearing to them presents with admonitions and advice

from you in order to secure the safety and peace of the immigrants in

their passage through their country, the following is submitted:--

1. _The Nez Perces_.--Your acquaintance with this promising people

renders it unnecessary for me to speak of their general character. I

would simply remark, that their anxieties to become a civilized and

literary nation have suffered no abatement since I left them in March

last, after passing the winter with them most pleasantly, as teacher, in

the employ of Rev. H. H. Spalding, missionary. Ellis, with most of the

chiefs, was absent, having gone to meet the immigrants, then in the

vicinity of Fort Boise, with a view to furnish them provisions, and

trade them horses for cattle. You are aware of their eagerness to obtain

domestic stock with all farming utensils, which I regard as one of the

most interesting facts connected with Indian affairs west of the Rocky

Mountains. Avarice is doubtless the ruling passion of most Indians, and

forms a capital upon which those engaged in Indian affairs may operate

for good or evil. With the Nez Perces, it has thus far been turned to

good account, effecting results as beneficial to the whites and more

salutary to the natives themselves, on this side the mountains, than has

been effected on the other side by military force. Such is the

prevalence of this "love of gain" among the Indians, that all efforts to

control them by motives held out to any other passion, must prove

ineffectual, at least, while we are unable to awe them by martial

parade.

The individual difficulties existing between James, Timothy, and others,

in relation to their claims on the valley, about the Clearwater Mission,

are, for the time, put to rest, by the promise that you will visit them

soon, and have the matter properly adjusted. Their crops this year have

been abundant, and they have furnished the immigrants large supplies of

provisions, which, I am happy to say, were bartered in good faith, and

the trade conducted with much amity and good feeling on both sides,

while I have to regret that Ellis and his people were unable to procure

cattle to any extent worthy of notice. The presents were received, and

the advice heard with a most respectful attention.

2. _The Cayuses_ are also manifesting a spirit of enterprise, highly

commendable. They too, have raised much grain and potatoes, and are

trading freely with the immigrants. A number of their chiefs and

principal men were absent at the time, having gone, in company with a

party of Wallawallas, to California, with horses to trade for cattle.

They have since returned, and I sincerely regret to learn the failure of

this, their first expedition of the kind. The Spaniards and other whites

treated them badly; murdered one of the most promising young men of the

Wallawallas, and the party returned without effecting the object of

their trip. What influence this affair will have upon the conduct of

these two tribes in reference to the next immigration passing through

their countries, time alone must determine.

The lawless bands along the river, from Fort Wallawalla to the Dalles,

are still troublesome to the immigrants; and the immigrants are still

very imprudent in breaking off into small parties, just when they should

remain united. The Indians are tempted by the unguarded and defenseless

state of the immigrants, and avail themselves of the opportunity to

gratify their cupidity. Here allow me to suggest a thought. These

robbers furnish us a true miniature likeness of the whole Indian

population, whenever they fail to obtain such things as they wish in

exchange for such as they have to give. These are robbers now, because

they have nothing to give; all others will be robbers when, with what

they have to give, they can not procure what they wish. I am satisfied

of the correctness of this conclusion, from all that I have witnessed of

Indian character, even among the praiseworthy Nez Perces. And should the

government of the United States withhold her protection from her

subjects in Oregon, they will be under the necessity of entering into

treaty stipulations with the Indians, in violation of the laws of the

United States, as preferable to a resort to force of arms. Hitherto, the

immigrants have had no serious difficulty in passing through the

territory of these tribes; but that their passage is becoming more and

more a subject of interest to the Indians, is abundantly manifest. They

collect about the road from every part of the country, and have looked

on with amazement; but the novelty of the scene is fast losing its power

to hold in check their baser passions. The next immigration will, in all

probability, call forth developments of Indian character, which have

been almost denied an existence among these people. Indeed, sir, had you

not taken the precaution to conciliate their good feelings and

friendship toward the whites, just at the time they were meeting each

other, it is to be doubted whether there had not been some serious

difficulties. Individuals on both sides have been mutually provoked and

exasperated during the passage of each immigration, and these cases are

constantly multiplying. Much prudence is required on the part of the

whites, and, unfortunately, they have very little by the time they

reach the Columbia Valley. Some of the late immigrants, losing their

horses, and very naturally supposing them stolen by the Indians, went to

the bands of horses owned by the Indians and took as many as they

wished.

You are too well acquainted with Indians to suppose that such a course

can be persisted in without producing serious results. I am aware that

this is looking at the dark side; but sir, perhaps it is wisdom to look

at that side when it is more than half turned toward us, if, by looking,

we can find some way to turn it back again. I look to Ellis, and the

speedy action of the general government of the United States, as the

brightest features in the prospect now before us. Your knowledge of my

situation and circumstances render any apology unnecessary for this

imperfect scroll.

I remain, your humble servant,

H. A. G. LEE.

Dr. E. WHITE,

Sub-Agent Indian affairs, W. R. M.

* * * * *

OREGON TERRITORY, July 8, 1845.

_To the Hon. the Secretary of the War Department:_

DEAR SIR,--I beg leave, most respectfully, to submit a few thoughts for

your consideration, relative to the course pursued by Dr. E. White, our

late Indian sub-agent, now on the eve of leaving us. I would not venture

to intrude upon your time, but for the reason that I am aware that Dr.

White leaves with an anxious and laboring mind, in view of the state of

his finances, fearing, perhaps, a proper consideration might not be

given to the situation and circumstances in which he has been placed in

this isolated portion of our wide domain. I consider it but justice to

Dr. White, to say, having crossed the mountains with him, that he

exerted himself, and did much toward raising the first party that were

of a sufficient number to travel independent of the trading companies to

the mountains; thereby opening the way, and making the first track to

Oregon; and since his arrival, by his promptness, decision, and

firmness, we have been saved from the baneful influence and degradation

of ardent spirits here, in our infant colony; and by his kind,

conciliatory measures, active charity, and judicious conduct among the

Indians, he has done much for them, and probably, in several instances,

fended off the arrow of savage warfare.

The indefatigable perseverance, expense, and time Dr. White has been at

in ferreting out a road across the Cascade Mountains,[11] which will

intersect the old wagon road in the vicinity of Fort Hall, cutting off

some two or three hundred miles of the worst portion of the road,

entirely avoiding the Columbia River, and the dangers incident to these

waters, by an inexperienced, worn-out, and fatigued immigration. By this

new route, the immigrants will find themselves greatly relieved, and

saved from immense trouble, as they will as readily reach the head of

the Wallamet settlement, as they would, by the old, reach Wallamet;

avoiding the difficulties and dangers of the Snake and Columbia rivers.

In conclusion, allow me to observe that the sacrifice one is obliged to

make in funds of this country, to render them specie, or available

drafts, is immense; and it is almost impossible to do it at all, to any

amount. Consequently, the doctor finds himself very much embarrassed in

his financial concerns, being obliged to draft on his government for his

entire expenditures in his official capacity. Be pleased to accept,

etc., my dear sir,

While I remain yours, With due regard and great respect,

A. LAWRENCE LOVEJOY.

[Footnote 11] The Cascade ridge of mountains was found to be

high and difficult to pass; and it is doubtful with me if the

immigrants succeeded in crossing over with their wagons and

effects, into the valley of the Wallamet.

* * * * *

OREGON, August 14, 1845.

The following resolution was introduced and adopted in the House of

Representatives of Oregon Territory, this day:--

_Resolved_, That this House recommend to the favorable consideration of

the government of the United States, the just claims of Dr. Elijah

White, sub-Indian agent, to remuneration for the heavy expense by him

incurred, in attempting to discover a southern pass through the Cascade

Mountains.

M. M. MCCARVER, Speaker.

Attest: J. E. LONG, Clerk.

* * * * *

WASHINGTON CITY, Dec. 9, 1845.

_Hon. W. Medill:_

DEAR SIR,--Allow me to say a word in behalf of my friend, Dr. Elijah

White, Indian agent in Oregon, who desires to arrange at the department

the accounts of his four years' service in that Territory. Dr. White,

with whom I passed the winter of 1844 upon the Wallamet, has had

unnumbered difficulties surrounding him, and has performed his duties

with great delicacy and happy success. My conviction is, that he has

performed services in Oregon, both to whites and Indians, equal to those

of several agencies combined, on our western frontier, at a very

inadequate compensation, and with very stinted means. All whom I heard

comment upon the administration of his office have accorded to him great

praise for ardor and industry; and those among whom he has officially

acted will be gratified to hear that he has met a generous reception at

the department.

Yours, with great respect,

WILLIAM GILPIN.

* * * * *

WAR DEPARTMENT, }

OFFICE OF INDIAN AFFAIRS, Jan. 5, 1846. }

SIR,--The Secretary of War is desirous that you should return to your

agency as early as practicable, and has authorized me to say that the

Department will allow to you the sum of three hundred dollars ($300) to

defray your expenses there.

Instructions in relation to your duties will be given you when you reach

this city, or will be forwarded to you at such place as you may

designate. An immediate reply will be expected.

Very respectfully, your obedient servant,

W. MEDILL.

Dr. ELIJAH WHITE, Lansingville, Tompkins Co., N. Y.

Since the above requirement I have been detained here waiting the action

of Congress upon the following bill, to release me from the

responsibilities of my government protested drafts, which, from the

rapid influx of white population to that distant Indian country, the

necessities of my position have compelled me to incur.

I am now out of employment, and on heavy expenses, and under obligation,

from important engagements, to leave for Oregon soon, in order to reach

my destination this fall.

Should the following report of the Senate committee prove satisfactory,

and all be persuaded that I have acted correctly, and expended no more

than the honor of our government and the necessities of my position

required, I will feel greatly obliged if Congress, "now so much relieved

from heavy national and public affairs," will take up my bill and pass

it through informally, as these protested drafts crowd and embarrass me

much.

The Indian Department have reconsidered the case, and, as the report of

the committee will show, done for me what they felt authorized to do;

and I now most respectfully pray your honorable consideration to the

payment of the residue, that I may go back to the land of my adoption

unembarrassed, and happy in the consideration that our Congress will do

right. And that any small presents, and other reasonable expenses to

conciliate Indians where our citizens are settling on their unbought

lands, will be cheerfully met.

Should any member desire an explanation, please drop me a note, and I

will call at the moment required. Only pray act, and let me be off; for

I thirst to be on the prairies of the far west, making my way to the

valley of the Wallamet.

* * * * *

The documents from the Legislature of Oregon arrived and defeated the

doctor.

The following extract is from the report of the Senate Committee on

Indian Affairs on the petition of Dr. White:--

"Your committee finds this first charge to be the amount actually

and necessarily expended by the petitioner, and believes it to be

moderate and equitable, and that it ought to be allowed.

"The second charge appears equally just, and to have been made in

compliance with the instructions of T. Hartley Crawford,

superintendent of Indian affairs, of February 9, 1842, and enforced

by the resolution of the Oregon Legislature, expressing the hope

that Congress will reimburse the expenses of the petitioner thereby

incurred.

"The third charge is for moneys actually paid under the specified

heads by the petitioner, and for which drafts are now under

protest, being disallowed by the department. These accounts, your

committee finds, have been suspended by the department under a

decision made to restrict the petitioner to the amount allowed by

law to sub-agents, viz., $1,250 per annum in all. Your committee

believes that these amounts are equitably and justly asked, and

should be granted by Congress, although the committee approves of

the decision of the department, and thinks, in cases like the

present, that such extra allowances should be made only by

Congress.

"Your committee has had a variety of testimony before it, showing

that the affairs of his position have compelled the petitioner to

transact and regulate Indian relations among ten large tribes, and

many more smaller ones, speaking different languages, and for the

most part warlike, excitable, and suspicious people. The Indian

population, among whom he has been the only official organ, amounts

to twenty-five thousand souls. The petitioner has been left to

support himself by his solitary energies and exertions, without the

aid of troops, annuities, or the awe which the power of the

government exercises over Indians to whom it is known. The prices

of all articles (especially provisions), and the wages of

interpreters and assistants, and the means of traveling and

transportation are very high, and difficult to be procured.

"Your committee believes that the petitioner would be left without

any compensation for four years of arduous, harassing, and

vexatious services, unless the relief for which he prays be

extended to him by Congress.

"The committee, therefore, reports the accompanying bill, and

recommends its passage, as sanctioned by the equity and justice of

the case, and according with the uniform policy and practice of the

Congress of the United States in similar cases."

We wish to state that the reason for quoting Dr. White's report so

extensively is from the facts embodied in it, wholly independent of his

self-lauding statement. Did we not know that Mr. Cornelius Rogers and

Mr. H. A. G. Lee were his advisers and interpreters, we would not quote

him as at all reliable in any of his Indian councils or proceedings.

CHAPTER LI.

1845.--Public meetings to elect delegates to

convention.--Candidates for governor.--Members elected to the

Legislative Committee.--Oath of office.--Mr. Applegate's

announcement.--Dr. McLaughlin's amphibiousness.--Description of the

members of the Legislative Committee.--Business of the

session.--Ermatinger's election contested.--Mr. Garrison's

resolutions.--Anti-slavery resolution.--Organic law

revised.--Improvements and condition of the country.

1845.--Public meetings had been held in most of the districts, and

nominations made for the Legislative Committee. Delegates were elected

to meet at Champoeg in convention, to nominate candidates for governor,

supreme judge, and Territorial recorder.

In this convention A. L. Lovejoy, George Abernethy, O. Russell, and Dr.

Bailey were candidates for governor. After several ballotings, Mr.

Lovejoy received a majority of the votes, and was declared the regularly

nominated candidate. Mr. Russell's friends were dissatisfied, and in the

final vote at the June election, joined with Mr. Abernethy's friends and

elected him, although he was absent from the country. This left the old

Executive Committee in power until after the meeting of the Legislative

Committee, and revision of the organic laws, which was the first

business the committee attended to, and submitted the amended organic

compact to the people for their approval.

The members elected were:--

From Clackamas County: H. A. G. Lee, W. H. Gray, H. Straight.

From Champoeg County: R. Newell, J. M. Garrison, M. G. Foisy, and B.

Lee.

From Yamhill County: Jesse Applegate and A. Hendricks.

From Tualatin County: M. M. McCarver, J. W. Smith, and David Hill.

From Clatsop County: John McClure.

The oath administered to this Legislative Committee shows the feelings

of the mover (Mr. Applegate) toward the Hudson's Bay Company.

OATH OF OFFICE.--"I do solemnly swear that I will support the

organic laws of the provisional government of Oregon, so far as

the said organic laws are consistent with my duties as a citizen

of the United States, or a subject of Great Britain, and

faithfully demean myself in office. So help me God."

In starting from Missouri to come to this country in 1843, Mr.

Applegate announced to his traveling companions, as we have been

credibly informed, that he meant to drive the Hudson's Bay Company from

the country. To reach the country independent of them, he had sold or

mortgaged his cattle to get supplies at Wallawalla. On arriving at

Vancouver, he found Dr. McLaughlin to be much of a gentleman, and

disposed to aid him in every way he could. The doctor advised him to

keep his cattle and gave him employment as a surveyor, and credit for

all he required. This kind treatment closed Mr. Applegate's open

statements of opposition to the company, and secured his friendship and

his influence to keep his Missouri friends from doing violence to them.

He carried this kind feeling for them into the Legislative Committee.

At this point the amphibious disposition of Dr. McLaughlin (a term

applied to the doctor, by a member of the company, for his supposed

friendship to the American cause) began to develop itself; and in

proportion as he favored American interests he fell in the estimation of

the company and the English government.

The oath of office presented by Mr. Applegate, and supported by Messrs.

Newell, Foisy, McCarver, Garrison, Smith, and Hendricks, shows that

these men were favorable to a union with the company or the English

party in the country. This would have been right and honorable, had

there been a corresponding honorable confidence on their part; but, as

the sequel will show, this was not the case. They were willing to favor

our organization and give it a _quasi_ support while it served their

purposes and afforded them an opportunity to work for its final

overthrow.

As a citizen, Mr. Applegate has been one of our best; as a politician,

he has acted on the old Whig platform, that, with him, has never been

revised. Though half the American continent has been changed since he

adopted it, yet his political creed is the same as that announced by

Hamilton in the _Federalist_. My first impression of him was, that he

was better versed in the principles of that party than in those of

religion, or the general interests of a new country. The fact that the

Hudson's Bay Company, or rather Dr. McLaughlin, early secured his

personal friendship, was the cause of his losing caste among his

Missouri friends, and also among the larger portion of the settlers that

the company were not disposed to favor. In his legislative capacity he

was invaluable. His mind was clear and distinct, and he was generally

correct in his conclusions. Though not a good debater, yet his

mathematical calculations, and straight lines, always came close to the

mark. He was kind and obliging to a friend or favorite, but severe on

his enemies.

Mr. Abijah Hendricks, from the same county, was a plain farmer, who

followed the lead of Mr. Applegate, causing him to always count two in

any vote.

Mr. J. H. Smith, of Tualatin County, was also a plain farmer, and

generally voted with Mr. Hill.

Mr. M. G. Foisy, from Champoeg, a Frenchman, followed the lead of Mr.

Newell.

Mr. Barton Lee was of the independent Democratic pro-slavery school,

generally voting against mission interests, from personal prejudice, and

was equally ignorant of and prejudiced against the Hudson's Bay Company;

following the lead of H. A. G. Lee.

J. M. Garrison was a perfect weathercock, and none could tell from his

speeches or actions what his vote would be.

H. Straight, of Clackamas County, was a man of strong prejudices and but

little legislative ability, pro-slavery in sentiment, and strongly

opposed to the company and mission influences. He generally voted with

Mr. Hill, of Tualatin District.

John McClure, of Clatsop County, a man of fine appearance and generally

respected for his age, but, as a politician, having no influence--merely

occupying a place. He was of the pro-slavery school--extremely bitter

and sarcastic in his conversation against all who fell under his

displeasure, yet liberal to personal friends, and kind to strangers; but

severe alike on the Hudson's Bay Company and religious societies. He was

inclined in his own religious ideas to Romanism.

H. A. G. Lee was a young man of talent, firmness, and unimpeachable

character. He acted with caution, and generally right. He was not a

verbose, but a conclusive debater. In short, the words of a debate were

uttered by McCarver, and the conclusions and final action followed Lee,

who was always ready, with Applegate and Gray, to do his full share of

writing and labor.

As we have before stated, the first business of this Legislative

Committee was, to revise and prepare an organic law, which could be

submitted for the adoption of the people. The whole number of voters was

about eight hundred.

While this was being done by a special committee consisting of H. A. G.

Lee, Newell, Applegate, Smith, and McClure,--one from each county

represented,--another special committee, consisting of Gray, Applegate,

H. A. G. Lee, McClure, and D. Hill, were appointed to draft a memorial

and petition, to be forwarded to the Congress of the United States,

setting forth the condition, situation, relations, and wants of this

country. These two objects occupied the greater portion of the time of

this Legislative Committee, during their session of eleven days.

On the third day of the session, the question as to the legality of

allowing Francis Ermatinger to hold the office of treasurer came up, and

it was finally decided that there were not sufficient grounds for

contesting the election. Ermatinger was then a member of the Hudson's

Bay Company, and so was Dr. McLaughlin. Hill and Straight were the only

two who voted against Ermatinger's holding that office. I have no doubt,

from the feeling and influence just then operating among the officers

and servants of the company and English colonists (which subsequent

events have proved), that they were laboring to divide the American

influence, by coming in and appearing to act with us. Ermatinger was

popular among the Americans, and received the entire French vote, and

was declared duly elected by the Legislative Committee.

On the fifth day of the session, J. M. Garrison (I think he was called

Rev. in those days) brought in a set of resolutions which speak for

themselves.

"On motion of Mr. Garrison--

"_Resolved_, That whereas the people of Oregon, assembled _en

masse_, did, on the 2d day of May, 1843, resolve that no tax should

be levied upon this people, confirming the same by the adoption of

the report of the committee of ways and means, adopted by the

Legislative Committee and referred to the people _en masse_, and by

them enacted on the 5th day of July, 1843; therefore,

"_Resolved_, That this house has no right to levy a tax of any kind,

without the consent of the free voters of this Territory previously

obtained.

"_Resolved_, That all acts and parts of acts on that subject passed

by the Legislative Committee were contrary to the express resolution

and action of the people."

These resolutions were referred to committee of the whole, where they

found a silent grave.

Dr. White by this time is coming up for a big splurge. Our young friend

H. A. G. Lee proposes to make him the bearer of our memorial to

Congress, by introducing a resolution, "That the clerk be required to

furnish to Dr. E. White a copy of the memorial to Congress, as soon as

it shall be properly signed, as per resolution of yesterday."

This resolution elicited a little discussion, and a statement that Dr.

White was not to be trusted with any public document to the government,

as he would more than probably change, or so arrange those documents as

to secure his own personal ends, whatever they might be. By those

unacquainted with Dr. White this was considered strange and unreasonable

prejudice against him; so that on the final question there were but

Gray, Hill, and Straight who voted against placing the documents in his

hands.

On the last day of this session Mr. Applegate introduced a test question

on the subject of slavery, precisely the same as that introduced by

Garrison four days previous.

"_Resolved_, That this government can recognize the right of one

person to the services of another only upon _bona-fide_ contract

made and entered into, and equally binding on both parties."

_Yeas_--Applegate, Gray, Smith, McCarver, Garrison, Hill, H. A. G. Lee,

Hendricks, and Foisy--10.

_Nays_--Straight, B. Lee, and McClure--3.

We must now adjourn our Legislative Committee a few days, and see what

is going on outside.

The organic laws of the people first adopted at Champoeg, July 5, 1843,

had been revised, and unanimously adopted by the Legislative Committee,

and submitted for the vote of the people, July 26, 1845.

On page 431 of Mr. Hines' book, he says: "In the spring of 1844 a new

Legislative Committee was elected, which embraced two or three lawyers,

who arrived in the country the previous fall. This committee passed a

vote recommending several important alterations in the organic laws,

which were found to be, in their practical operations, somewhat

defective. As the people had not yet surrendered their law-making power

into the hands of the Legislative Committee, it was necessary to call an

election to ascertain the will of the people in relation to the proposed

alterations and amendments. This election took place, and resulted in

the adoption of the organic laws, with the proposed alterations and

amendments, by an overwhelming majority. The principal alterations thus

effected relate to the three powers of government,--the legislative,

executive, and judicial. Instead of a committee of nine, whose acts were

to be confirmed or rejected by a subsequent vote of the people, the

legislative power was vested in a House of Representatives, to consist

of not less than thirteen nor more than sixty-one members, possessing

all the powers usual to such bodies. Instead of a committee of three,

the executive power was vested in one person, to be elected by the

qualified voters at the annual election, and possessing the powers

common to the governors of the different States."

We are unable to understand Mr. Hines when he says, "As the people had

not yet surrendered their law-making power into the hands of the

Legislative Committee, it was necessary to call an election to ascertain

the will of the people." This statement shows the ignorance of Mr. Hines

as regards the organic laws adopted by the people of Champoeg. Mr.

Saxton, who was in the country at the time, and took copies of those

laws attested by Mr. Le Breton (which have already been given), found an

organic law with an executive, legislative, and judicial department, the

same as the committee of 1845, and all that was requisite was to revise,

select out, and define the powers and duties of the several departments.

As a matter of policy, and to harmonize and consolidate, as much as was

possible, all the conflicting interests and influences in the country,

the presence of British subjects was admitted, their treaty rights were

acknowledged by our laws, and they were admitted to a voice and

representation in the provisional government.

The liberal course pursued by the Legislature of 1845 has fixed the deep

stain of ingratitude and infamy upon the British subjects who

participated in our organization, and received its benefits and

protection, till they had completed their arrangements for its

destruction, just as slavery grew under the fostering care of a liberal

and generous government, and then attempted to crush and destroy its

protector.

From a review of Mr. Hines' book, I find that he was on a tour from

Oregon to New York by way of China, during 1845 and 1846. This will

account for his want of information regarding the political events that

were taking place during that time; and also shows the views he

entertained on leaving the country.

Dr. McLaughlin had completed his saw-mill and flour-mill at Oregon City.

The Milling Company had also put up mills at that place which were now

in successful operation, and the country generally was in a prosperous

condition.

Dr. Whitman had much annoyance and difficulty with the Indians on

account of interference and tales told them by old Toupin, Doreo,

Gervais, the priests, and others who were jealous of his labors and

success among them.

He had purchased the Dalles station of the Methodist Mission, and

engaged Mr. Hinman to occupy it until other arrangements could be made.

Mr. Spalding was engaged in improving his farm, also printing books in

the Nez Perce language on his small press, and translating and printing

portions of the Bible, for the use of the natives. He had a saw-mill and

grist-mill at his station; and about three hundred of his Indians, and

one hundred at Dr. Whitman's, were cultivating patches of ground.

Messrs. Walker and Eells were staying at Cimakain, ready to depart any

time, as stated by Mr. Brouillet. On page 9 of his narrative, he says:

"A missionary of the Spokans, writing to Dr. Whitman, as early as 1839,

has said: 'The failure of this mission is so strongly impressed upon my

mind, that I feel it necessary to have cane in hand, and as much as one

shoe on, ready for a move. I see nothing but the power of God that can

save us.'" _Query._--Where did Rev. Vicar-General Brouillet get this

letter, and for what purpose did he preserve it? Did he find it among

Dr. Whitman's papers, when he was hunting them over to find the vial of

poison to show the Indians as per deposition in the case?

Brouillet continues: "These facts and statements prove clearly, I think,

that there existed among the Indians, long before the arrival of the

bishop of Wallawalla and his clergy, _strong causes of dissatisfaction

against the Protestant missionaries and the Americans in general, and

that they formed a leaven that had been fermenting several years_." This

statement of Vicar-General Brouillet is unquestionably true, but,

unfortunately for him, he is standing on the outer line of the circle,

and has no personal knowledge of inside influences; hence he reasons

from effect and guesses at the cause. He is anxious to so arrange cause

and effect, as to remove suspicion of crime from a sect, and thereby

involves his friends and himself, and furnishes the strongest proof of

the complicity and guilt of both in the crime alleged against them. The

"leaven" that had been fermenting is just what we are bringing to light.

The Hudson's Bay Company were repairing and strengthening their forts,

under the plea that they wished some bastions from which they could

salute her Majesty's ships on their arrival and departure from the

river; at the same time they were laboring to secure political influence

in the settlements, through their American dupes and tools.

While combining the Indian tribes, they were encouraging Jesuitical

religious teachers among them; and while preparing for self-defense,

they were dividing the settlement into parties and factions.

The Methodist Mission influence was but little, and mission credit was

worse than greenbacks in 1864. As to commerce, it was nearly or quite

under the control of the Hudson's Bay Company, also the market value of

all produce in the country.

CHAPTER LII.

1845.--Second session of the Legislative Committee.--Mr. McCarver

removed from the office of Speaker.--Mr. Applegate's

resolutions.--Protest of Gray, Foisy, and Straight.--A legislative

incident.--Law against dueling.--Dr. White addresses the

Legislature.--Resolutions.--Dr. White denies the right of the

settlers to organize a provisional government.--McCarver signs

documents without authority.--Resolutions by the house on the

subject.--Impertinent letter from Dr. White to the house.--White

cornered by President Polk.--Incidents in White's temperance

movements.--Proposition to repeal all laws for the collection of

debts.--The Currency act.--Adjournment of the Legislature in

August.--Meets again in December.--Proposal to locate the capital.

The Legislative Committee, at their second session, August 5, 1845, met

under the revised and amended organic law, which had been previously

adopted by the people by a majority of two hundred and three. There were

between two and three hundred votes against the revision or amendments.

Many voted against it, on account of its allowing the Hudson's Bay

Company's English and French followers an equal voice with the Americans

and others, and on account of its allowing the Legislature the power to

_regulate_ the introduction, manufacture, and sale of liquors.

McCarver claimed that he was Speaker of the house, under the organic law

as revised. This caused some discussion and voting and the introduction

of a resolution requesting him to resign his position as Speaker, which

he declined to do. Gray moved that the vote electing him Speaker of the

house be reconsidered. McCarver then proceeded to organize the house, to

suit his views of matters, by appointing new committees, and went

forward as if no previous committees had been appointed. When his

appointments were all made, Gray inquired if, in the opinion of Mr.

Speaker McCarver, the house was properly organized. He replied that it

was. Gray then appealed to the house, and was sustained, McCarver having

denied his own position by appointing new committees. On motion of Mr.

Straight, Mr. McCarver was removed from his office as Speaker, and

Robert Newell elected _pro tem_.

Applegate, for reasons never fully explained, introduced two

resolutions, which show either a short-sighted view of matters, or a

foolish policy on his part, to wit:--

"_Resolved_, That the people of Oregon are not, in the opinion of

this house, morally or legally bound by any acts of the officers or

agents of the people not expressly authorized or sanctioned by the

instrument in virtue of which they had their official existence.

"_Resolved, further_, That this house can not assume, in behalf of

the people, the payment of any debt, or the refunding of any funds

borrowed, or otherwise unlawfully contracted or obtained, without

first obtaining the consent of the people."

On motion, the vote referring said resolution to committee of the whole

was reconsidered, when the rules were suspended, the resolution read a

second time, and referred to committee of the whole.

On the fifth day of the session, the resolutions of Mr. Applegate were

called up, and Messrs. Applegate, Garrison, Hendricks, Hill, H. Lee, B.

Lee, McClure, and Smith voted for, and Foisy, Gray, Straight, and

McCarver against. Newell asked to be excused. These resolutions had the

effect, designed or not, to destroy the credit of the provisional

government.

On the sixth day of the session, Gray, Foisy, and Straight presented,

and, on motion, were allowed to enter, their protest against their

adoption, as follows:--

"_Whereas_, A resolution, with a preamble, containing a direct and

positive censure upon the proceedings of the Oregon government, was

introduced into this house by Jesse Applegate, asserting that this

house, and the people of Oregon, are not morally or legally bound

for any act of said government, to the payment of any debts

contracted, or unlawfully borrowed, except they had previously

obtained the consent of the people.

"_And whereas_, From the wording of said resolution, two

constructions may be placed upon it; the one amounting to a

repudiation of all debts heretofore contracted, or money borrowed;

the other implying a want of confidence in the agents and officers

of this government; therefore,

"We, the undersigned, decidedly and solemnly protest against the

adoption of any such resolutions or expressions by this house, as

they not only do no good, but tend to great evil, in destroying the

confidence of the people in the agents and officers of this

government, without sufficient cause.

"W. H. GRAY.

"M. G. FOISY.

"H. STRAIGHT.

"OREGON CITY, Aug. 7, 1845."

_The effect of these resolutions_ was at once manifest. Measures were

taken to procure the launch of the _Peacock_ (which had been left in

the care of Dr. McLaughlin by Captain Wilkes), for a pilot-boat at the

mouth of the Columbia. The doctor informed the committee that he was not

authorized to give it in charge of any irresponsible parties, without an

order from as high authority as that from which he had received it.

Hence the launch was allowed to rot upon the beach at Astoria; Mr.

McClure, from that place, being one who voted to repudiate

responsibility on the part of the provisional government.

On the 11th of August, in the midst of business under the order of the

day, Mr. Applegate came in, apparently under considerable excitement,

and in quite an earnest manner asked that the rule be suspended, to

allow him to present _a bill to prevent dueling_. No immediate or

pressing reason was assigned, but from the earnest manner of Mr.

Applegate, and from what a number of the members knew, or pretended to

know, the rule was suspended, Mr. Applegate's bill to prevent dueling

read first time; rule further suspended, his bill read by title second

and third time and passed, and on his further motion, a special

messenger, P. G. Stewart, Esq., was sent with it to the governor, for

his approval and signature; and in half an hour's time from its

introduction and reading in the house it became a law in this vast

country, bounded by the Russian possessions on the north, the Rocky

Mountains on the east, California on the south, and the Pacific on the

west.

Not long after this _telegraphic_ law on dueling was passed, it was

discovered that a young man by the name of Holderness had considered

himself insulted and slandered by some report said to have originated

with Dr. White. Holderness was about to send him a challenge, or at

least there was a prospect that they might fight, if either of them had

the courage to do so. This law gave the doctor an honorable excuse to

decline the challenge, and have Holderness indicted and punished for

sending it. This matter was engineered through so handsomely by Mr.

Applegate, that Dr. White expressed himself _highly gratified and

pleased_.

On the next day, the 12th, Mr. Applegate was honored with an important

dispatch from Dr. White, which he presented in due form, together with a

resolution of thanks to Dr. White, and an order was entered on the

journal to have the doctor's communication filed for publication. This

was not exactly what the doctor wanted, as the sequel will show. He had

found that Applegate had the talent and influence requisite to carry

through the resolutions necessary to accomplish his purposes.

He, having spent a part of the summer in running about the Wallamet

Valley, made a trip over to the coast, and one into the Cascade

Mountains; wrote a journal of these trips, and presented it to the house

through Mr. Applegate. After White's journal was read, Applegate

presented a resolution, that the thanks of this house are due to Dr. E.

White and his party for their meritorious exertions to find a passage

through the Cascade Mountains, and that his account be filed for

publication. On motion, _White was allowed to address_ the house, which

he did in his usual self-lauding, plausible manner, insinuating the

great labor and benefit he had done, in keeping the Indians quiet and in

exploring the country. His chaff and bombast secured the co-operation of

Robert Newell and Mr. Applegate. On the 14th, Mr. Applegate informed the

house that he had in his possession several official documents,

belonging to Dr. E. White, which he was requested to lay before the

house. The report and documents were received.

On motion of Mr. Applegate--

"_Resolved_, That, whereas the adoption of the amended organic law

by the people of Oregon was an act of necessity rather than choice,

and was intended to give to the people the protection which, of

right, should be extended to them by their government, and not as an

act of defiance or disregard of the authority or laws of the United

States; therefore,

"_It is further resolved_, 1st. That, in the opinion of this house,

the Congress of the United States, in establishing a Territorial

government, should legalize the acts of the people in this country,

so far as they are in accordance with the Constitution of the United

States. 2d. That Dr. Elijah White, sub-Indian agent of Oregon, be

requested to furnish a copy of the amended organic law to the

Congress of the United States. 3d. That these resolutions be

indorsed on said copy, with the vote of this house adopting the

same."

On the adoption of the above, the vote was unanimous, which vote was

taken by yeas and nays; and, on motion, the house decided that the

members should not sign their names to said resolutions.

It will be seen by the statement of Applegate in the first part of this

resolution, or preamble, that he wished to deny an attempt to resist the

government of the United States on the part of the people and

provisional government; and the fact that Dr. White had allowed him to

examine his official papers, and present them to the Legislative

Committee, shows the manner he was working with Applegate to get

documents, resolutions, and papers from the Legislature into his hands;

also the desperate effort there was made to get a unanimous vote

favoring White as the bearer of those documents.

Dr. White had from the first _denied the right_ of the settlers to

organize a provisional government unless they would elect him as their

governor. Applegate is caught in his trap, as we shall see, and from

that day he began to lose his influence, and soon found that he had

committed an egregious mistake, notwithstanding he had obtained a

unanimous vote, to place those documents in Dr. White's hands. In order

to head off McCarver, the house had voted that the members should not

sign their names to the resolutions. McCarver could not withstand the

temptation to get his name as Speaker of the Oregon Legislature before

the Congress of the United States; so, as soon as the documents came

into White's hands, he went to the clerk and attached his name as

Speaker of the house. Newell was not quite satisfied, or rather Dr.

White was not; so he got Newell to present a resolution, as follows:--

"_Resolved_, That this house recommend to the favorable

consideration of the Congress of the United States the just claims

of Dr. E. White, sub-Indian agent, for a remuneration for the heavy

expenses by him incurred, in attempting to discover a southern

passage through the Cascade Mountains."

In the afternoon session the resolution of Mr. Newell was called up,

and, on its final passage, the yeas and nays were demanded, and were as

follows:--

_Yeas_--Messrs. Applegate, Foisy, Hendricks, H. Lee, McClure, Newell,

Straight, and the Speaker--8.

_Nays_--Messrs. Gray, Garrison, Hill, B. Lee, and Smith--5.

So the resolution was passed.

Dr. White waited for the passage of this resolution (keeping quiet as to

McCarver's signing the others in violation of the order of the house),

and as soon as it was safely in his pocket, left for Vancouver, on his

way to the States.

White had no sooner gone, than it leaked out that McCarver had signed

the documents, and White _had broken the seals, and destroyed private

letters intrusted to him_ to convey to the States, and had made Garrison

his confidant respecting breaking open and destroying the letters. Here

was a muss on hand such as none but White and McCarver could "_kick

up_." Applegate was too much excited and insulted by these men to say

any thing; but he presented through B. Lee a resolution as follows:--

"_Resolved_, That M. M. McCarver has been opposed to the organic

law, as adopted by the people of Oregon; and, contrary to the voice

of this house in regular session, clandestinely, and in a manner

unworthy the confidence reposed in him, placed his name to a copy of

those laws transmitted to the United States, thereby conveying a

false impression; and did, also, sign his name to two resolutions,

contrary to a direct vote of this house; therefore,

"_It is further resolved_, That we disapprove of the course he has

pursued, and feel ourselves under the humiliating necessity of

signifying the same to the United States government, by causing a

copy of this resolution to accompany those documents."

Which was received, and referred to committee of the whole.

In the afternoon, Dr. J. E. Long, clerk of the house, A. L. Lovejoy,

Smith, and Hill were called before the house, and put on oath, to state

what they knew of the matter. Mr. Applegate was chairman. The committee

rose and reported that they had been engaged in investigating the

subject referred to in Mr. B. Lee's resolution, but had not adopted the

resolution. McCarver had been allowed to explain his course.

On motion of Mr. Applegate--

"_Resolved_, That, whereas a copy of the organic laws of Oregon,

together with some resolutions, intended to be sent to the United

States, have not been attested and dispatched according to the

directions of this house; therefore,

"_Resolved_, That the clerk dispatch for them a messenger, to

Vancouver, with authority to bring said documents back, and that he

deliver them to the secretary, and that the expenses incurred be

paid by the members of this house who voted for the resolution."

On the adoption of which the yeas and nays were called, and were as

follows:--

_Yeas_--Messrs. Applegate, Gray, B. Lee, McClure, and Newell--5.

_Nays_--Messrs. Hill, Smith, and Straight--3.

So the resolution was adopted. Messrs. Foisy, Garrison, Hendricks, and

the Speaker were excused from voting.

On motion, the house went into committee of the whole, Mr. Applegate in

the chair.

The committee rose, and reported, that the resolution of B. Lee having

been under consideration, was laid upon the table.

It is but justice to state that the clerk of the house, J. E. Long,

favored Dr. White's and Mr. McCarver's course, and allowed McCarver to

sign the documents he well knew the house did not wish him to sign. A

majority of the house were inclined to believe that White had been

slandered; and had McCarver allowed the documents to go as per vote,

White's designs, as stated by his opponents, would not have been

revealed; so the messenger was sent for the documents on account of

McCarver's course.

August 16, 1845.--The House met pursuant to adjournment.

The rules were suspended to allow the introduction of resolutions, when,

on motion of Mr. McClure, it was

"_Resolved_, That, whereas the Speaker of this house has signed

certain documents, ordered to be sent to the United States by a vote

of this Legislature, from a mistaken sense of duty, and not from

contumacy or contempt for this house; therefore,

"_Resolved_, That M. M. McCarver, said Speaker, have leave of

absence, for the purpose of following Dr. E. White to Vancouver; and

this house enjoins that said Speaker erase his name from said

documents, to wit, the organic laws, and two resolutions in favor of

Dr. E. White."

On motion of Mr. Applegate, it was

"_Resolved_, That it was not the intention of this house, in passing

resolutions in favor of Dr. E. White, to recommend him to the

government of the United States as a suitable person to fill any

office in this Territory; and,

"_Be it further resolved_, That the clerk of this house forward, by

some suitable person, an attested copy of this resolution, to the

United States government."

The house appointed J. M. Garrison, Speaker, _pro tem_.

McCarver, being thus plainly invited, left the house, and found that the

clerk's messenger had already gone for the documents. He returned in the

afternoon and induced Mr. Smith, from Tualatin, to present the following

resolution:--

"_Resolved_, That the vote requiring the Speaker to go in quest of

Dr. E. White, for the purpose of erasing his name from certain

documents in his possession to be by him conveyed to the United

States, be reconsidered, and the Speaker restored to the chair."

On the 18th of August, the arrival of a letter from Dr. E. White was

announced, which was read, as follows:--

August 17, 1845.

_To the Hon., etc.:_

GENTLEMEN,--Being on my way, and having but a moment to reflect, I

have been at much of a loss which of your two resolutions most to

respect, or which to obey; but at length have become satisfied that

the first was taken most _soberly_, and, as it answers my purpose

best, I pledge myself to adhere strictly to that. Sincerely wishing

you good luck in legislating,

I am, dear sirs, very respectfully yours,

E. WHITE.

On the 20th, on motion of Mr. Applegate, it was

"_Resolved_, That the secretary be requested to forward to the

United States government, through the American consul at the

Sandwich Islands, a copy of the articles of compact, as adopted by

the people of Oregon Territory, on the last Saturday of July, A.D.

1845; and that the same be signed by the governor, and attested by

the secretary; also, all resolutions adopted by this house relative

to sending said documents by E. White, late Indian agent of this

Territory; also, a copy of the letter of E. White, directed to this

house."

These documents and papers, with depositions respecting White's opening

and destroying private letters, were prepared, duly signed, and sent on

to the Sandwich Islands by Captain Couch, of the _Lausanne_, and reached

Washington just in time for President Polk to refuse White an important

commission in New Mexico. The President, on receiving the documents and

learning of White's course, asked an explanation, which he at first

declined to give, on account of an attempt, as he alleged, of _some low

blackguards in Oregon to slander him_. The legislative documents were

referred to, when he found he was cornered, and left the President's

house without his appointment.

Thus ended, for a time, the official course of a base and unprincipled

man, who seemed only to live and move for selfish ends. His influence as

a missionary, and as an officer of the government, were alike vile and

unprincipled. He sought friends and partisans only to deceive and betray

them. Applegate, McCarver, Garrison, Lee, McClure, and Newell were

compelled to acknowledge his deception. In fact, no one but the Hudson's

Bay Company could make any use of him, and with them he was considered

an irresponsible man, and only useful as a tool to combine the Indians,

and divide and destroy the influence of the settlement, as he had done

that of the Methodist Mission.

The history of Dr. White, as connected with Pacific City and

Spiritualism, and his secret agency under President Lincoln's

administration, are of small moment when compared with the moral blight

he fixed on the cause of missions and religion, in his early relations

in Oregon. All who have ever attempted to associate with him, or assist

him, have been made to feel his immoral influence. He made great

professions of sustaining the temperance cause, while acting as Indian

agent, and still allowed the Hudson's Bay Company to do as they pleased

with their liquors, without a single word of complaint or remonstrance

to the American government, while he pursued a high-handed and

injudicious course toward the American citizen in his efforts to prevent

the introduction or manufacture of liquors in the country. In his zeal,

he hoarded a vessel of which Captain J. H. Couch was master, and

asserted his right to search and seize all the liquors he had on board.

Captain Couch, knowing his rights and duties better than the Indian

agent did his, ordered his men to get ready a couple of swivels he had

on board, ranging them fore and aft along the vessel. He then said to

Mr. Indian Agent. "If you are able to take my ship, you can search and

seize her, and not otherwise." The doctor found he was dealing with the

wrong person, and left, to visit Mrs. Cooper, who had recently arrived

in the country from Sydney, New South Wales, with a supply of liquors.

He succeeded in getting a dram from "Old Mother Cooper," as she was

called, and inquired if she had any more like it. The old woman had by

this time a suspicion of his object, and informed him that, if she had,

he could have no more.

Soon after, he learned that Dick McCary had put up a teapot distillery

somewhere near his own house. He then got a party of men and went down

and destroyed the whole concern, except the kettle, which answered for a

bell, upon which he beat and drummed on his way back to Oregon City, and

then took an adz and stove a hole in it, thus destroying it. If this had

been done on the ground, no exceptions would have been taken to it; but

White's proceedings disgusted the friends of temperance so much, that a

few days after, when Newell presented a communication from him to the

Legislature, with a bill to prevent the sale of liquor, it was

defeated--5 for and 8 against.

The governor, having confidence in the morality and honesty of the

people, suggested in his message the repeal of all laws for the

collection of debts. He seemed to be of the opinion, that as they had

lived and prospered under the mission and Hudson's Bay Company's rule

without any such laws, the same rule would apply to a more numerous and

civilized community. He was sustained in his opinion by Applegate,

Hendricks, H. Lee, B. Lee, and Newell--5; Foisy, Gray, Garrison, Hill,

McCarver, McClure, Straight, and Smith--8, were of a different opinion.

This vote seemed to annoy Applegate, as he had taken an active part in

shaping the governor's suggestions into a bill to prevent litigation,

and he seemed to insist upon the experiment being tried in a more

extensive manner in the government of Oregon. It is due to this

legislative body and to the governor to state, that none of them had

ever had any experience in law-making until they found themselves in a

country where there were no laws, and where the representatives were

without law-books (with the single exception of a copy of the statutes

of Iowa) to guide them. They had to originate, revise, and do as the

majority thought best, in all the laws presented. That they were adapted

to the time and the people then in the country there can be no question.

This shows the innate love of law and order in the American people, as

also a disposition to abide by and sustain right principles, though not

immediately in the presence of prisons and punishment.

Had there been no foreign influences in the country, it would, perhaps,

have been safe to risk the governor's suggestion, and Applegate's

experiment. I arrive at this conclusion from my experience in four times

crossing the continent, and in visiting the early mining regions of

California, British Columbia, and Oregon. In all American caravans and

mines, the company and miners make their own laws. In British mines, the

government makes the laws, and the revenue officers enforce them. So

with the Hudson's Bay Company and Roman missions: the committee in

London, and the pope in Rome, give their subjects certain laws by which

to be governed; and whenever those laws come in conflict with the more

liberal American idea of government, there is opposition; for the

disposition to oppress and the desire to be free can never harmonize.

With the one is organized wealth and superstition, backed by irons,

flogging, and ignorance. With the other is liberty and the love of

right, sustained by intelligence, honesty, and virtue. No one acquainted

with the early history of the people of Oregon can fail to admire their

virtue and stability, and the firmness they displayed in maintaining

their natural rights. We have already explained the secret influences

that were combined to hold them in a state of half-savage and

half-religious or ecclesiastical vassalage, till some action should be

taken by the United States government.

This state of things did not accord with the feelings of a great

majority of the people. They had ruled their own individual actions too

long to submit quietly to any religious or political power, in which

they had no voice. Hence they were ready for any mutual organization,

that was of their own choice and creation.

They adopted a system of currency suitable to the time and country. This

system became necessary, from the known disposition of the Hudson's Bay

Company to oppress and force payment, in what did not then exist in

sufficient quantity to meet the wants of the settlement; besides, they

held the commercial power; and here again protection was required. The

two petitions to the Congress of the United States of 1840 and 1842

state their policy as to internal matters. The first section of this

currency law is:--

"_Be it enacted by the House of Representatives of Oregon

Territory:_ 1st. That, in addition to gold and silver, treasury

drafts, approved orders on solvent merchants, and good merchantable

wheat at the market price, delivered at such place as it is

customary for people to receive their wheat at, shall be a lawful

tender for the payment of taxes and judgments rendered in the courts

of Oregon Territory, and for the payment of all debts contracted in

Oregon Territory, where no special contracts have been made to the

contrary.

"2d. The personal estate of every individual, company, body politic

or corporate, including his, her, or their goods or chattels, also

town or city property, or improvements claimed and owned in virtue

of occupancy, secured and allowed by the treaty between Great

Britain and the United States, shall be subject to execution, to be

taken and sold according to the provisions of this act; excepting,

that wearing-apparel shall not be considered as any part of the

estate of any defendant or defendants in execution; and no land

claim or improvement upon a land claim, held according to the laws

of this Territory, shall be subject to execution; and no stay upon

execution shall be permitted or allowed, except by the consent of

the party in whose favor the execution has been issued, nor for any

time other than the time agreed upon by the parties.

"3d. Specifies that personal property shall be sold previous to town

lots.

"4th. Exempts (if a family) one Bible, one cow and calf, one horse,

or yoke of cattle, five sheep, five hogs, household and kitchen

furniture not to exceed in value thirty dollars, one stove fixed up

in the house, one bed for every two in the family, farming utensils

not to exceed in value fifty dollars, one month's provisions for all

the family, all mechanics' necessary tools, and all the books of

private libraries not to exceed one hundred dollars' worth."

Who says we were not willing to give a poor family a good show to start

with in Oregon in 1845?

"5th. Fifteen days' notice of any sale was to be given.

"6th. No property was to be sold for less than two-thirds its

appraised value."

On the second section of this act, there was a long and animated

discussion, Newell and Garrison claiming that we had no right to subject

the property of the Hudson's Bay Company, and the Methodist and other

missions, to our laws; McCarver and Hill, that we ought to exempt town

sites and lots from execution. On its final passage, the vote was

Applegate, Foisy, Gray, Hendricks, McClure, Smith, Straight, and H.

Lee--8, for; Garrison, Hill, B. Lee, Newell, and McCarver--5, against.

This body adjourned _sine die_ on the 20th of August, 1845, and in

consequence of there being no provision made for a new election in the

amended organic compact, they were again called to meet on Tuesday,

December 2, 1845, in accordance with the organic law, to arrange and

fill up any deficiencies in the offices and laws.

Applegate had resigned. There were present, Foisy, Garrison, Newell, and

Barton Lee from Champoeg; Gray and Straight from Clackamas; Hill and

McCarver from Tualatin; and McClure from Clatsop.

There were absent, from Yamhill, Hendricks; from Tualatin, J. M. Smith;

and from Clackamas, H. A. G. Lee.

Newell, of Champoeg, was elected on the final vote as Speaker; Dr. J. E.

Long, clerk.

Jefferson's Manual, which had for the first time strayed across the

Rocky Mountains, was presented to the house, and used to govern its

proceedings, so far as it was applicable. I think it must have come into

the Multnomah Circulating Library, in part payment for a share in that

institution. Gray moved its adoption to govern the proceedings of the

house, which was considered organized by the election of Speaker, clerk,

and sergeant-at-arms.

On the second day all the members were present except Applegate. The

governor was called upon to issue his warrant to fill the vacancy, which

he did. I think, however, that no election was held, as no

representative appeared to claim the seat.

An effort was made to locate the seat of government, but failed, on

account of Dr. McLaughlin not having put in his bid in time to have it

considered by the house; and a remonstrance was got up by Ermatinger and

the Hudson's Bay Company's influence, with sixty names attached, against

locating it at all.

This was in accordance with the short-sighted policy of Dr. McLaughlin,

aided by the influence secured over the people by such men as

Ermatinger, Long, Newell, and McCarver, who had become a resident of

Clackamas, while he represented Tualatin County.

CHAPTER LIII.

The liquor law.--Amended act of 1845.--Message of the governor on

the same.--Repeal of the prohibitory and passage of the license

law.--Letter of James Douglas.--Reply of Mr. Samuel Parker.--Dr.

Tolmie's resolution on the judiciary.--The governor's veto of the

license law.--Immigration for Oregon and California in

1846.--Arrival of the brig Henry.--The Oregon Printing

Association.--The _Spectator_, the first newspaper in Oregon.--W.

G. T. Vault, first editor.--H. A. G. Lee, second editor.--G. L.

Curry, third editor.--Judge Wait, fourth editor.

_The Liquor Law._--Peter H. Burnett framed a law on this subject, which

was revised by Newell in the summer of 1845, and lost on the final vote.

In December, 1845, Gray, from committee on ways and means, reported a

bill on ardent spirits, expressing the views, and gaining the approval

of a decided majority of the people. Governor Abernethy, in his annual

message the next year, expressed an opinion that this law required some

amendment, but, by combining the whole liquor influence in the country,

the law was repealed, and a license law substituted, by a two-thirds

vote over his veto; while, at the same time, nearly two-thirds of the

voters of the Territory voted to _prohibit_ the sale of liquor, instead

of to _regulate_ it, as expressed in the organic law.

The law, as reported by the committee of ways and means, was passed

December 6, 1845, by the following vote: Gray, Garrison, Hendricks, H.

Lee, B. Lee, McClure, and McCarver--7, for; Foisy, Hill, Straight, and

Newell--4, against.

On the 8th, the Monday following this vote (Hendricks and Barton Lee

having been treated and tampered with), on motion of B. Lee--

"_Resolved_, That the house now reconsider the vote on the final

passage of the bill on ardent spirits."

_Yeas_--Hendricks, Hill, B. Lee, Smith, Straight, and Newell--6.

_Nays_--Foisy, Gray, Garrison, H. Lee, McCarver, and McClure--6.

So the motion to reconsider was lost, and the bill published in the

first newspaper ever published on this coast, as provided for in the

bill itself, which is as follows:--

_Amended Act of 1845._

SECTION 2. That if any person shall hereafter sell, barter, give, or

trade any ardent spirits of any kind whatever, directly or indirectly,

to any person within the Territory of Oregon, he shall forfeit and pay

the sum of twenty dollars for each and every such sale, trade, barter,

or gift, to be recovered by indictment in the County 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 indictment before the County 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. Whenever it shall come to the knowledge of any officer of this

government, or any private citizen, that any kind of spirituous liquors

are being distilled or manufactured in Oregon, they are hereby

authorized and required to proceed to the place where such illicit

manufacture is known to exist, and seize the distilling apparatus, and

deliver the same to the nearest district judge or justice of the peace,

whose duty it shall be immediately to issue his warrant and cause the

house and premises of the person against whom such warrant shall be

issued to be further searched, and in case any kind of spirituous

liquors are found in or about said premises, or any implements or

apparatus that have the appearance of having been used, or constructed

for the purpose of manufacturing any kind of spirituous liquors, the

officer who shall have been duly authorized to execute such warrant

shall seize all such apparatus, implements, and spirituous liquors, and

deliver the same to the judge or justice of the peace who issued the

said warrant. Said officer shall also arrest the person or persons in or

about whose premises such apparatus, implements, or spirituous liquors

are found, and conduct him or them to said judge or justice of the

peace, whose duty it shall be to proceed against such criminal or

criminals, and dispose of the articles seized according to law.

SEC. 5. All the fines or penalties recovered under this act shall go,

one-half to the informant and witnesses, and the other half to the

officers engaged in arresting and trying the criminal or criminals, and

it shall be the duty of all officers into whose hands such fines and

penalties may come, to pay over as directed in this section.

SEC. 6. This act shall not be so construed as to prevent any practicing

physician from selling such liquors for medicines, not to exceed half a

pint at one time.

SEC. 7. That it shall be the duty of the secretary to publish this act

in the first newspaper published in Oregon.

I, John E. Long, secretary of Oregon, do hereby certify that the

foregoing act on ardent spirits is truly and correctly revised by me.

JOHN E. LONG, Secretary.

It will be seen in the final vote, that Foisy at first voted against

this bill; but Hendricks and B. Lee changed their vote and Foisy changed

his; thus the liquor law remained as it was, and was published February

5, 1846, and remained in force till Saturday, December 19, 1846. On

December 4 of that year, the governor called the attention of the

Legislature to this law, in the following language:--

"The act passed at the last session of the Legislature, entitled 'An

Act to prevent the introduction, sale, and distillation of ardent

spirits in Oregon,' is one I should recommend for revision; there

are several points that are thought to be defective. The organic law

provides that the Legislature shall have power to pass laws to

regulate the introduction, manufacture, or sale of ardent spirits.

It is held that the power to prohibit the introduction, manufacture,

or sale is not granted by the organic law. Another objection is that

the fines collected under the act shall go, one-half to the

informant and witnesses, and the other half to the officers engaged

in arresting and trying: in fact, making the witnesses and judges

interested in the case. The fourth section makes it the duty of any

officer, or any private citizen, to act whenever it shall come to

their knowledge that any kind of spirituous liquors are being

distilled or manufactured in Oregon. It would be much better if it

were made the duty of the sheriff of each county to act, whenever he

should be informed that any liquor was being made or sold in his

county, and authorize him to raise a sufficient _posse_ to aid and

assist him in enforcing the law. We have, as a community, taken a

high stand in the cause of temperance; among our earliest efforts

may be found the abolishing of ardent spirits from our land, and to

this, in a great measure, may be attributed our peace and

prosperity. No new country can be pointed out where so much harmony

prevailed in its first settlement as in this: laws, we had none, yet

all things went on quietly and prosperously. I have no doubt if

ardent spirits are kept within their proper bounds, we shall

continue prosperous.

"It is said by some we have no right to say what a man shall make or

what he shall not make; yet, we find, in all large cities, certain

manufactories are forbidden to be carried on within the limits of

the city, because they annoy the inhabitants, and hence are declared

to be public nuisances, and by law are compelled to be removed; and,

if the city increase and extend to the place where they are

relocated, they are removed again. Intoxicating drink is an enormous

public injury and private wrong; its effects, in every way, shape,

and form, are evil, and therefore should be restrained within proper

limits by law. It deprives the wife and children of the inebriate of

the support and protection they have a right to expect from him; it

deprives the community of the labor which constitutes a nation's

wealth, for it is a well-known fact that a nation's wealth is made

up of individual labor, and every day, therefore, lost by the

laborer, caused by the effects of alcoholic drink, is a loss to the

community at large. Persons who have become habitually addicted to

ardent spirits, hearing that we had excluded the poison from our

land, and, believing they never could be free if they remained near

its influence, have left their homes and crossed the Rocky Mountains

to escape the ruin that threatened them. Shall _they_ be

disappointed? During the last year, persons taking advantage of the

defect in our law, have manufactured and sold ardent spirits. We

have seen the effects (although the manufacture was on a small

scale) in the midnight carousals among the Indians in our

neighborhood, during their fishing season, and while they had

property to dispose of; and, let me ask, what would be the

consequences if the use of it should be general in the country and

among the different tribes of Indians in the Territory? History may,

hereafter, write the page in letters of blood! And what are the

consequences, as presented to us in the history of older countries,

of an indiscriminate use of ardent spirits? Almshouses, hospitals,

prisons, and the gallows. I would, therefore, recommend that but one

person, and that person a physician, be authorized to import or

manufacture a sufficient quantity to supply the wants of the

community for medicinal purposes; to dispose of no liquor except

when he knows it to be necessary, or on an order from a regular

physician, stating that the person applying stands in need of it for

medicinal purposes; and to physicians to be used in their practice;

the person so empowered to import, manufacture, and sell, to keep a

record of the quantity manufactured or imported; also, a record of

the quantity sold, or disposed of, and to whom, and name of

physician on whose certificate given. This would be attended with

but little trouble, and might be required to be given under oath.

Many articles require alcohol to dissolve them; this could be done

by taking the article to the person appointed and having the alcohol

put into the ingredients in his presence. Section fifth I would

recommend to be altered, so that the fines should go one-half to the

informer, and the other half into the treasury. I would recommend

that the penalties be increased. If the indiscriminate sale of

liquor be admitted an evil, no good citizen can wish to be engaged

in it. Why should the majority suffer to benefit a few individuals?

"I have said more on this subject than I should have done, did I not

fear an attempt will be made to break down the barriers raised by

the early settlers of this land. Much of our prosperity and

happiness as a community depends upon your action in this matter."

I am inclined to think that the governor was misinformed or mistaken in

the statement that liquor had been manufactured in the settlement

otherwise than by drugs and a composition called _rot-gut_, which there

were men in the country base enough to produce. Had the governor been

more energetic and taken the matter in hand, no manufacturing of liquors

would have been allowed. He seems to have thrown himself back upon the

faults of the law as an excuse for not seeing that it was executed as it

should have been, and as it was executed in other places. Some of this

drugged liquor was brought to Astoria by one George Geere, of Dr. White

notoriety, and the citizens of Clatsop Plains being notified of the

fact, came over prepared for a fight, and found Geere, with his liquors,

his pistols, and a seven-shooter rifle. They took him and his pistols

and rifle, also his two kegs, and several bottles of liquor. The liquor

they turned out on the ground,--took Geere before Esquire Tibbetts, and

gave him a jury trial before six men of his own choice, who found him

guilty. He was fined one hundred dollars and costs of suit, which was

all given, by unanimous consent, to the county. When such a man as

Governor Abernethy could excuse himself from acting and enforcing a law,

because he thought the distribution of the fines imposed made the

officers and witnesses interested persons, it is not surprising that men

of no principle should engage in destroying their fellow-men. The fact

is, that the men whom the people had honored and trusted with their

legal and executive duties were destitute of the firmness requisite to

the position they occupied, with some few honorable exceptions. The

people generally were in advance of their leaders in sustaining good and

wholesome laws, hence but few cases of lawsuits or quarrels occurred.

We will now give what we conceive to be the cause of the failure of the

law.

By a reference to the organization of the house in December, 1845, it

will be seen that the Hudson's Bay Company was represented by Messrs.

Dr. W. F. Tolmie, Chamberlain, McDonald, Newell, and Peers. The liquor

interest was represented by Messrs. Boon, Hall, Hembree, Looney, Meek,

Summers, Straight, T. Vault, Williams, and the Speaker. Six of the

last-named representatives should have been fined for violations of the

law on a small scale, and all of the first on a large scale, as

connected more or less with the Hudson's Bay Company, and selling and

giving to their men and Indians.

While the Hudson's Bay Company yielded a _quasi_ assent to the

organization, and had their representatives in the Legislature, they

were using their influence to curtail the privileges of American

citizens. They were ready to vote against the manufacture and sale of

liquors, while they were constantly bringing it to the country in their

ships, and distributing it to suit their trade.

The composition of the house was peculiarly American and antagonistic to

the Hudson's Bay Company. Any measure that gave to the company any

advantage, such as it was urged the prohibitory law did, could not

stand. Hence the friends of prohibition had to yield the point, on the

ground of self-defense for national rights, and not from a disposition

to consider the law unjust or improper. In other words, they licensed

and sustained a great evil, to combat a privilege of equal evil, claimed

and used by a foreign monopoly in our midst.

When we take into account the facts as stated by the governor in his

message, the actual condition of the country, the temporary nature of

our government, and all the combinations that were forming at the time

the license law was passed, I think all will join with me in condemning

the course of the men who cursed the country with such a law. It is

asserted that the organic law provided that the Legislature should

_regulate_ this traffic. Very true; which they did by placing it in the

hands of the practicing physician, where it belongs, and nowhere else.

But these wise Solons of 1846 came to the conclusion that three, two, or

one hundred dollars was ample pay to the country for the loss of any man

in it. That for three hundred dollars the whole country might be filled

with poisonous _rot-gut_, and for two hundred the wholesale business

might go on, while for one hundred the miserable victims of the business

could be turned loose to degrade themselves and blight the hopes of

kindred and friends. I can count a hundred victims who have lost one

hundred dollars' worth of property for every dollar received by the

Territory, besides their own lives, in consequence of this traffic. I

can count five hundred families that have suffered poverty and want,

insult and abuse, purely chargeable to this _regulating_ law of these

men.

We read in histories of the church, that the pope of Rome sold

indulgences to commit certain sins which by the common law would be

considered crimes, such as adultery, theft, and even murder. The price

of the indulgence was according to the crime to be committed. This law

proceeds upon the principle of the amount of profits in the business,

while its nature and effect upon the community is lost sight of. Or, in

other words, the government sells the indulgence to commit the crime

proposed by the manufacturer or wholesale and retail dealer. While the

former law admitted that liquor as a medicine might be useful, and

placed it in the hands of the practicing physician, the license law puts

each seller under a one thousand dollar bond to keep a quiet house. They

were ready to license _hells_ all over the land, provided the keepers

would bind themselves not to violate the sanctity of the Sabbath. The

morality and political economy of the business is forced to be satisfied

with the amount paid as per law provided.

This act, as a matter of course, opened all the liquor shops of the

Hudson's Bay Company and of all the unprincipled men in the country. To

give a better idea of this liquor question, a letter of James Douglas,

found in No. 10, volume 1, of the _Oregon Spectator_, June 11, 1846, is

given. Mr. Parker, in his stump speech, alluded to the liquor law, and

asserted that it was daily violated by the Hudson's Bay Company. Mr.

Douglas attempts to refuse the charge and sustain the law. The italics

in the following letter are the author's:--